The Capital Punishment Amendment Act 1868
The Capital Punishment (Amendment) Act came into law at the beginning of June 1868 and stipulated that all executions had henceforth to be carried out within prisons.
The first to be so was that of 18 year old Thomas Wells at Maidstone.
Although the law had changed the location it had not changed the method of execution nor had it laid down any specific protocols for carrying out private executions. It was still up to the sheriff, under sheriff and the governor of the prison to determine the actual details.
The Murder of Edward Walsh at Dover Priory Station
Thomas Wells was employed as a porter and carriage cleaner at Dover Priory railway station and had a gun concealed at work, apparently to shoot birds.
On the 1st of May 1868, the station master, Mr. Edward Walsh (also given as Walshe) summoned Wells to his office and reprimanded him in front of the Area Superintendent, Henry Cox, saying that he was dissatisfied with the quality of his work and general attitude.
Wells was offered two alternatives, either that he make a full apology for his actions and promise never to repeat them or be dismissed. He was given ten minutes to consider this offer.
Instead of making an apology he went and got his gun and just before 11am returned to the office and shot Mr. Walsh in the head.
He was captured minutes later hiding in an empty carriage and was arrested by Inspector Stephens and a constable.
Committal and Assize Trial
He appeared at the magistrates court on Saturday the 2nd of May and was committed for trial at the Kent Summer Assizes to be held on Thursday the 23rd of July 1868 before Mr. Justice Willis.
Serjeant Sleigh, assisted by a Mr. Straight prosecuted while Wells was defended by a Mr. Ribton and a Mr. Biron.
His defence was one of insanity due to the effects of a serious accident he had had whilst at work at the station when he was nearly crushed by a train which had changed his personality. Wells’ parents were called to testify to this.
However the jury did not accept it and took just five minutes to convict him of murder.
He was therefore sentenced to death and returned to the condemned cell at Maidstone Prison to await execution which was set for the 13th of August 1868.
While in the condemned cell he wrote a letter of apology to Mr Walsh’s widow and according to the prison chaplain seemed to show genuine remorse. Some ten days before execution he was visited by his father and the two had a sad and emotional meeting.
There was to be no reprieve and the night before his execution Wells was moved to a cell a few paces from the gallows.
The Execution at Maidstone Gaol
The gallows was the same “New Drop” pattern one that had been used for the execution of Frances Kidder earlier in the year and was re-used with some modifications, principally the platform was now level with the paving slabs of the
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