The Tale of David Tyrie

In recent years, around the weekend of the 20th of August or so, up to 80,000 or so revellers gather on Southsea Common, on the beach front at Portsmouth, for the Victorious music festival. That’s a lot of people. You may have been one of them…

But if you were to look back to Saturday the 24th, in 1782, I have heard it said that a hundred thousand people were gathered there that day. Although that’s possibly an exaggeration. A more reasonable estimate might be twenty thousand or so. But still, a large number. A very large number, for almost two hundred and fifty years ago.

So why were they gathered there?

Was it to look out at the ships of the line, perhaps, moored at Spithead to take on supplies for an upcoming trip down to Gibraltar?

Or was it in premonition of the tragedy that would play out there the following week, and about which there is another story…

Or were they there for some great spectacle, some great amusement, expected to take place on the common itself that summer’s day? I suppose that depends on how you define “entertainment”, although this was over two hundred years ago, remember…

David Tyrie: a telling

The tale begins some months before. A schoolmistress opens her door to the ??sister, cousin of some of her charges. The woman appears flustered, nervous even… “I… wondered… would you please look after this package for me?

The schoolmistress digs for the woman’s name. Mrs ??, “Oh, if he should hear you call me that, he would be angry. He married me that I would take his name as much as anything…

TO DO

• came down from Scotland

• got a job as a servant, apprenticed(?), befriended his master

• became a merchant, but some bad investment, and was bankrupted;

• BUT, tried to salvage something..

• took various jobs (lottery runner, electoral fixer, even standing (unsuccessfully) for MP (or was that also part of a fix), then joined the naval office)

• after some time, saw an opportunity to make his own income from the sea;

• implication of smuggling; but also information; at that time, navy office info was poor so he implied people who worked for him he was providing better information;

• as well as liquor and lace, he also egan to trade in information

• one day, his boat runner unavailable;

• up in London, wife dropped off papers, went back down to Portsmouth;

• smuggling implication;

• offices in London get two tip-offs….

Setting the Scene

It’s 1792. England is at war with France, and America is fighting for independence from the British Crown. Although it’s still a year or two before that period of regal profligacy often referred to as the Regency period in England, descriptions of the Queen’s official birthday celebrations that year hint at what is to come.

Being the anniversary of her Majesty’s birth-day, January, 1782

In Hampshire Chronicle, Monday 21 January 1782.

LONDON, Saturday, January 19.

Yesterday being the anniversary of her Majesty’s birth-day, there was a splendid and numerous drawing room, at which the Duke of Cumberland, archbishops of Canterbury and York, and all the foreign ministers, were present, The Princess Royal had a separate drawing-room to receive the compliments of the nobility; after which their Majesties, the Prince of Wales, and Princess Royal, retired to their apartments to dinner about six o’clock.

The Prince of Wales was dressed in a pink coloured velvet, richly trimmed with gold, silver, and variegated colours, down the seams of the coat and sleeves.

The dress of the ladies chiefly consisted of white and coloured satins, trimmed with gold, silver, fringe and tassels; some few ladies had silver gauze trimming, intermixed with artificial flowers and foil; they seemed not to confine themselves to any particularity of dress, but to outvie each other elegance and taste.

The Duchess of Argyll, Ladies. Hertford and Effingham, waited yesterday as ladies of the bedchamber; Miss Tryon, Miss Vernon, Miss Boscawen, and Miss Gunning, as maids of honour.

The Royal offspring were all at the windows, to be seen by spectators, who experienced great satisfaction at the sight of so fine a family.

Whilst the Queen’s dress appears to have been quite muted, the Prince Regent seems to have rather more gaudily, expensively, and even, to some, tastelessly attired.

The Queen was gravely dressed

In Salisbury and Winchester Journal, Monday 21 January 1782.

LONDON, SATURDAY, Jan. 19

Yesterday being the Queen’s Birth-day, the morning was ushered in with the ringing of bells, as usual on that occasion, and at noon the Park and Tower guns were fired: afterwards the Royal Family went from the Queen’s House to St. James’s, where there was a drawing-room, at which the principal nobility and gentry of the kingdom, of both sexes, were present.

His Majesty having been extremely indisposed on Tuesday, was twice let blood on that day, and yesterday he was seized with a bleeding at the nose in the drawing-room, which obliged him to retire very soon after three o’clock, before half the customary ceremony of the day was gone through. His Majesty continued so much indisposed, that he did not appear in the ball-room in the evening, but the Queen, the Prince of Wales, the Princess-Royal, and the Duke of Cumberland, were present.

The company in the drawing-room was numerous and extremely brilliant, and the ball-room was uncommonly crowded. The Prince of Wales and Princess Royal opened the ball, and minuets were danced by the Duke of Dorset, the Marquis of Graham, Lord Rochford, Col. North, Col. St. Leger, the Hon. Capt. Greville, the Hon. Mr. West, Mr. Beckford, Lady Augusta Campbell, Lady Talbot, Miss Cooper, Miss Moore, Miss Asgill, and various others of the young nobility and gentry, till near eleven, when the country dances began, and after two were gone down, the Queen and the Princess Royal retired.

The dresses of the ladies were eminently well-chosen, and beautifully adapted to the season. They chiefly consisted of suits of sattin, plain and figured, trimmed with fur or lace, and gold and silver fringe; with petticoats, fancifully ornamented with embroidery in colours of silk, or flounces of muslin and white crape, spotted with gold in the shape of pearls and dots, or enlivened with spangles, and small tufts of variegated flowers. The ladies heads were chiefly decorated with artificial flowers.

Her Majesty was superbly, but gravely dressed; but the general affability of her manners, and the known benignity of her mind, threw a lustre round her person which no effect of art could have bestowed. The Prince of Wales wore a rich pink velvet coat and breeches, with a light-coloured sattin waistcoat, the whole most splendidly embroidered with silver. The seams of the coat were likewise covered with an extensive embroidery, which rather disgusted the eye, and gave an idea of expence without conveying the least sensation of taste or elegance; in plain English, it was rather fine than well fancied, and a vulgar beholder would not have hesitated to have said, it looked more like the dress of a French footman in the Antichamber of Versailles, than the birth-day suit of the heir apparent of England, as promising a prince as ever raised the hope of this country to the most flattering pitch of expectation! His Royal Highness wore a white feather in his hat, which was adorned with three double strings of brilliants to each side, and a most beautiful button and tassel of the same sparkling composition. The Princess Royal’s dress was a perfect pattern of a happy union of neatness, elegance, and ornament.

In the first country dance the Princess Royal’s shoe slipped off, which occasioned a pause of the music for a moment, and a good-natured smile from her Majesty and the Prince of Wales.

The Ladies’ heads in general were of a very moderate altitude. It was observable, that the Cypress powder was most worn in the morning, and the Artois powder in the evening.

The dancing did not cease till one in the morning, and the Prince did not quit the ball-room before half after one.

A most superb carriage, January 1872

In Stamford Mercury, Thursday 24 January 1782.

LONDON, Jan. 19.

Yesterday being the anniversary appointed to be kept in honour of the Queen’s Birth-day, at noon the Park and Tower guns were fired, and about two o’clock there was a very numerous and splendid drawing-room at St. James’s, where the principal Nobility and Gentry of both sexes, assembled to pay their compliments to their Majesties, and the rest of Royal Family on the occasion.—The King and Queen followed by the Princess Royal and Prince of Wales, entered the drawing-room about a quarter after two. His Majesty wore a rich suit of dark Velvet, decorated with a brilliant Star and Garter Loop.—The Queen, as usual, was plainly dressed, in a Boue de Paris Sattin, &c.—The Princess Royal in a White and Gold, with a green spot, the manufacture of this country, superbly ornamented with a profusion of jewels.—The Prince of Wales in a faint Peach-coloured Velvet, most elegantly embroidered with gold, foil, &c.

The Princess Royal had a separate drawing-room to receive the compliments of the Nobility; and about six o’clock their Majesties, the Prince of Wales, and Princess Royal, retired to the Queen’s House to dinner.

In the evening the Ball-room began to fill by seven o’clock, and was entirely full at half past eight. The Queen, Prince of Wales, Princess Royal, and Duke of Cumberland, all arrived about nine o’clock, and in ten minutes after the Ball was opened by the Prince of Wales and Princess Royal; his Royal Highness then danced a second minuet with Lady Augusta Campbell. The Duke of Cumberland danced two minuets; the one with Lady Willoughby, the other with Lady Berkeley. The minuets continued till past ten o’clock, when the country dances began: The Prince of Wales retained his sister for his partner, and the Duke of Cumberland Lady Augusta Campbell. After two of the country dances were finished, the Queen and Princess Royal retired, but the dances were continued without intermission till between two and three o’clock this morning, when the rest of the company retired.

His Majesty having been extremely indisposed on Thursday, was twice let blood on that day, and was yesterday seized with a bleeding at the nose in the Drawing-room, which obliged him to retire very soon after three o’clock, before half the customary ceremony of the day was gone through. His Majesty continued so much indisposed, that he did not appear at the Ball in the evening.

The company in the Drawing-room was numerous and extremely brilliant, and the Ball-room, contrary to the general expectation (as it was known in the Drawing-room that the King did not mean to be present) was uncommonly crowded.

The dresses of the Ladies chiefly consisted of Sattins, plain and figured, trimmed with fur or lace, and gold and silver fringe; with petticoats fancifully ornamented with embroidery in colours of silk, or flounces of muslin and white crape, spotted with gold in the shape of pearls and dots, or enlivened with spangles and small tufts of variegated feathers. The Ladies heads were chiefly decorated with artificial flowers.

The general run of dress among the Gentlemen was dark Velvets, with fur linings.

The Ladies of the Bed-chamber in general were dressed in gold and silver silks, The Maids of Honour had previously concerted a plans of economy, and therefore all appeared in plain or figured sattins, moderately trimmed.

The generality of the female heads were very elegantly dressed for the Drawing-room and last night’s Ball; the red powder was not so prevalent as last season: The Cypress powder was chiefly worn in the morning, and the Artois in the evening.

At the Ball the Prince of Wales wore a rich Pink Velvet coat and breeches, lined with white Sattin, with a light-coloured Sattin waistcoat, the whole most splendidly embroidered with Silver. The seams of the Coat and Sleeves were likewise covered with an extensive embroidery. His Star was worked in Steel, and valued at 200l. His Royal Highness wore a white Feather in his Hat, which was adorned with three double strings of brilliants to each side, and had a most beautiful Button and Tassel of the same.

The carriage of the Prince of Wales yesterday was deemed the most superb of any his Highness has before appeared with at Court; on the top was placed a Crown and Cushion, the pannels were very richly gilded, and otherwise so ornamented in a new taste, that it was a perfect piece of admiration.

In the first country dance the Princess Royal’s shoe slipped off, which occasioned a pause of the music for a moment.

The Duchess of Argyll, Ladies Hertford and Effingham, attended yesterday as Ladies in waiting to the Queen; Miss Tryon, Miss Vernon, Miss Boscawen, Miss Jeffryes, and Miss Gunning, as Maids of Honour.

Yesterday Lord North, the Secretaries of State, and Lord Waldegrave, Master of the Horse to the Queen gave each grand entertainments to the Nobility and Foreign Ministers on the above occasion.

Early Life

Originally hailing from Scotland, David Tyrie served as an apprentice in Leith before heading down to London as a servant. He lived with Mr. Vowel, as a clerk, for about five years and then went into business with Messrs. Parker and Crowe, as joint Traders, and Partners in a Distillery in Compton street, Clerkenwell, as well as other trading Business. They also appear to have considered insurance fraud, and after being declared bankrupt, engaged in debatable practices associated with a mortgage against which some of Tyrie’s debts had been secured.

See A Curious Business for more details.

From various news reports published throughout his life, it appears that following his bankruptcy he became “a lottery-office keeper… at one time set up for a member of parliament, by standing candidate for the borough of Hindon. He was also frequently employed by the borough-hunters, and other electioneering schemes, in which generally contrived to cheat both parties” (The Scots Magazine - August 1782) and then “procured himself a place in the navy-office at Portsmouth” (Caledonian Mercury - Saturday 17 August 1782).

Reports of Tyrie’s Arrest

In terms of our story, the first inkling we get from the press is the widely syndicated report of an arrest:

Two People have been taken up, March 1782

In Manchester Mercury, Tuesday 12 March 1782.

[Also appeared widely elsewhere]

Two People have been taken up, and are now in Custody, for carrying on a treasonable Correspondence with France by the way of Ostend. One of the principal Agents in this Business, it seems, was discovered by the good Conduct of the Captain, who gave a Packet of Letters to a Friend on Suspicion of foul play. One of the inclosed Letters was directed to the Governor of Cherburgh, with particular Instructions to him, not to let the Vessel come into Harbour, or any of the Men on board.

Whilst that story appeared widely, few other details were released, at least until there was what appears to be “a leak”…

Treasonable Correspondence with the Enemy, April 1782

In Derby Mercury, Thursday 25 April 1782.

Also in the Kentish Gazette - Wednesday 01 May 1782 https://britishnewspaperarchive.co.uk/viewer/bl/0000235/17820501/010/0003

TREASONABLE CORRESPONDENCE WITH THE ENEMY.

The Person who has been taken into Custody for conveying Intelligence to the French, is not at present a Clerk in any of the public departments under government, having some Time ago quitted the navy Office, where he held a place of considerable Trust and Responsibility. Upon giving up his Situation, his visits to the Office, under the pretence of seeing his late Colleagues, became very frequent; and the Clerks having always looked upon him as a very worthy and respectable Character, received him with the utmost Affability and Politeness; and had so great a Confidence in his Honor, as to leave him very often alone in the several Offices. Having thus possess himself of their good Opinion, and found an easy Access to the several Places, where the most important Papers of the Office were constantly locked up, the Traitor found means to furnish himself with the necessary Keys for getting at them. This being accomplished, his Practice was to take any Paper the Content of which would be of Service to the Enemy, and Copy it; which being done, it was re-conveyed to the Place it had been taken from. The Accounts which he generally copied for the Information of the Enemy, were the Reports received by the Office from the several royal Dock-Yards. These Papers were delivered into the Navy-Board once every Week, and contained a particular Account, not only of the Ships building, but also of the Progress made with each of them, together with a Report of the Quantity of Stores, &c. laid up for Service, distinguishing each particular Yard. The Importance that Copies of these Papers must have been to the Enemy, must be too great and obvious, to require them to be pointed out. The Manner in which he was detected is as curious as it was fortunate, The Villain, in order to prevent his being discovered, made it an invariable Rule, always to Copy the Reports received from the several Yards, in his own Hand-writing. As it frequently happens, the Precaution taken by him, proved the very Means of his Detection, for being one Day in a Hurry to return a Report from one of the Yards, after he had transcribed it, the Wretch, through a Mistake, or that Fatality, which more or less attends every Man in the Commission of a Crime, in the Room of re-conveying the Report itself, to the Place he had taken it from, unfortunately for him, put up the very Copy written by himself, in its stead, and sent the Original for the Use of the Enemy. It was impossible to get over this fatal accident. The Clerk of the Office, to whose Care the Reports were given, having Occasion soon after to resort to them presently discovered one to have been copied.

The Circumstances of these Reports having frequently been lost for several Days together, immediately rushed into his Mind, and the Handwriting of the Copy of the Report, found returned instead of the Original, being examined, it was soon perceived to have been written by the Person in custody, who, upon being sent for, and charged with having traitorously corresponded with the Court of France, immediately confessed the Crime, and implored Forgiveness. Such are the Particulars of this very extraordinary Transaction. With respect to the Name of the Person, out of Pity to his Family, we will conceal it, at least for the present.

An Attempted Escape

Around this time, Tyrie was held in Newgate prison. The discovery of a letter around about Saturday, July 13, 1782, as reported in the Hampshire Chronicle - Monday 15 July 1782, suggested that he had conspired to attempt an escape whilst imprisoned there.

To-morrow evening I hope to make my push, June-July(?) (September) 1782

In Caledonian Mercury, Wednesday 18 September 1782.

Notwithstanding the late David Tyrie’s seeming contempt of death, both at his trial and execution, the following letter, together with his subsequent design of escaping from Winchester goal, evidently prove that he thought life well worth preserving. This letter, in Tyrie’s hand-writing, was found on the person to whom it was addressed, who was apprehended for altering bank-notes:

“The things are ready got in. To-morrow evening I hope to make my push. If I fail in this, what you propose is certainly a safe and practicable mode; but, good God! you amaze me so much, that I scarcely know what to think. I really doubted if there was such a man as you living. Our acquaintance is but short and casual. How then, that am but a stranger to you, can I expect you will run such a hazard for me? There are people in London who owe their fortunes to me, but have not once looked near me. God send I was out! I think I could convince you I was worth serving. Except yourself, I believe few men have more resolution. I have but few words; but, once in action, neck or nothing! Depend on it, if nothing unforeseen happens, dead or alive I’ll be delivered to-morrow night: it may be a night later before the tools come in, but not more. If I am detected, and you think you can accomplish a rescue, in the journey to Winchester, the attempt will be safe, easy, and certain: but the most difficult thing will be to find out when I am to be removed. I am in great confidence with the turnkeys; they say there is no talk of going; they are certain it won’t be this week, and promise to give me notice the day before. This cannot be depended on; but I will tell you how I think it may be reduced to a certainty. When I am removed, it will be either in the Winchester stage or a post-chaise; and, in either case, I will go out of the goal about five o’clock in the morning, or rather half an hour sooner. Suppose, then, a person was to wait about the Old-Bailey and Newgate-street every morning, from about half an hour after three till about six o’clock: Let him first come into the goal [sic], and see my face and person. If I am removed suddenly, he can then come and give you notice; first following, to see whether I go by the stage, or in a chaise: If in a chaise, I’ll go from the door; if by the stage, I’ll go to the inn. You can enquire where the Winchester stage inns.

“Bill Lee, and another creature like himself, are all that goes with me, at least so I am told; and them it is only who go with the prisoner at assize-time. Knowing my time and mode of conveyance, all that’s wanted would be three or four men, disguised with smock or waggoners frocks, and well mounted, as if smugglers; they might have crapes for the face. Nothing should be attempted this side Hounslow, but immediately on the other side of it, or not again till you come to Bagshot Heath, just about the 23d mile stone. A horse or a chaise ought to be ready: I would prefer the former; and a frock also to disguise me after I got away. There are a great many ways which we could double from both of these places. And, however ridiculous you may think it, plenty of snuff should be provided, to throw in their eves: And you should also get a punch and iron, for knocking off the bazils from my legs. We will reach Hounslow about seven o’clock in the morning, and Bagshot Heath about eleven; each about an hour and a half sooner, if in a chaise. If all the parties were ready, a watch would do just as well at Hyde Park Corner Turnpike as at Newgate; only, whoever does it must first know my person.

“Now suppose I was to get notice about six, seven, or eight o’clock in the evening before I am removed, how could I contrive to let you know? I wish you and Jack would settle some place about this; I could get a person, perhaps, to go a mile or two, but not farther; and it would be imprudent to trust every one with where you live. Turn all this in your mind, my dear friend, as the dernier, in case my first should be frustrated. If you can get men, you know the road; they may know a better place, nearer London. I doubt you will find it difficult to get the men. You must tell them it is to rescue a person about smuggling. Adieu! God bless you! I’ll expect to hear from you to-morrow.

Your ever faithful and obliged friend.”
Wednesday morning.
“Mr John Graham.”

Called to Trial

But no escape appears to have even been attempted, and Tyrie was transported from Newegate to Winchester to take his trial.

Removed by habeas corpus from New gate, July 1782

In Hampshire Chronicle, Monday 08 July 1782.

Winchester, Saturday, July 6.

At our Assizes which begin on Tuesday next, at the Castle, in this city, before the Hon. Sir Richard Perryn, Knt. and the Hon. John Heath, Knt. the following prisoners are to take their trials, viz.

David Tyrie, removed by habeas corpus from New gate, charged with being guilty of high treason. Rich. Elliot and Maria Jordan, charged with stealing two guineas and a half in gold, four gold rings, and divers apparel, the property of Maria Dudman and John Collins, of Andover. William Dedman and William Marshall, charged with stealing one weather sheep, the property of William Hammond, at West Worldham. Robert Geary, charged with stealing one large silver spoon out of the dwelling-house of Moses Richards, at Eybridge. Peggy Murray, charged with stealing three laced caps, and three gold rings, belonging to Amelia Reeche, of Gosport. Samuel Waterman and Mary Crabb, charged with breaking open the shop of John Hooper, in this city, and stealing several pairs of silver tea-tongs. John Fox, charged with breaking open the dwelling house of Joel Adams, at Portsea, with an intent to commit felony. Michael Woodward and Mathew Townshend, charged with stealing a large quantity of bacon and cheese, from out of the granary of William King, at Whitchurch. Mary Webb and Parmelia Webb, charged with receiving a large quantity of bacon and cheese, from Mich. Woodward and Mat. Townshend, knowing the same to be stolen. John Fulker, and James Cant, charged with stealing large quantity of lead from off the summer-house of Thomas Bennet, Esq.; at Freemantle-Park. Jacob Joel, charged with selling, paying or putting off, a large quantity of counterfeit copper money, contrary to the Statute. Robert Parless, charged with stealing one shirt and a pair of stockings from out of the house of William Arundel, at Bentley. Mary Weston, charged with stealing divers sorts of apparel, from out of the dwelling-house of James and William Crooke, at Stoke.

To be taken to trial, July 1782

In Salisbury and Winchester Journal, Monday 08 July 1782.

WINCHESTER, July 6.

The following prisoners are to take their trials at the ensuing assizes for this county, which begin on Tuesday next; David Tyre (sic) for high treason; John Fox, for a burglary at Portsea; Jacob Joel, for felling counterfeit copper coin at Portsmouth; Rich Elliott, Martha Jordan, Wm. Deadman, Wm.Marshall, Robt. Gray, Peggy Murray, Sam. Waterman, Mary Crabb, Mich.Woodward, Matthew Townshend, Mary Webb, Pamela Webb, John Fulker, James Cant, and Robt. Parless, for various felonies.

We can find a brief mention of the committals of several of the other men to stand trial at the same Assizes as Tyrie from some earlier local papers:

Committed to gaol, William Dedman (Deadman) et al., April 1782

In Hampshire Chronicle, Monday 15 April 1782.

Last week, was committed to our gaol, William Dedman and William Marshall, charged with stealing two sheep from Wm. Hammond, of West Worldham, in this county.

Committed to gaol, John Fulker, et al., June 1782

In Hampshire Chronicle, Monday 10 June 1782.

Since our last were committed to the county gaol, the Rev. Mr. Obourn, John Fulker and John Grant, charged with stealing a large quantity of lead from off the summer-house belonging Thomas Kennett, Esq. at Kingsclear.

At the assizes, David Tyrie’s case was held over, to instead be tried at a Special Commission the following month. But for several others, their cases were heard, and sentences passed.

In particular, we might note the name of William Dedman (Deadman), who plays a further bit part in this tale a little further on.

Capital convictions

In Hampshire Chronicle, Monday 15 July 1782.

Winchester, Saturday, July 13.

At our Assizes, which began on Tuesday last, the following prisoners were capitally convicted, and received sentence of death, viz. Wm. Dedman and Wm. Marshall for sheep stealing; Wm. Waterman for breaking open the shop of Mr. Hooper, silversmith in this city and stealing silver plate; and John Fox for breaking open the dwelling-house of Mr. Adams at Portsea. They are since all reprieved. David Tyrie, for carrying on a treasonable correspondence with the enemy, is to be tried under a special commission, at the Castle of Winchester, on the 10th of August next, for which purpose one of the Judges is to return here, after finishing the other business of the circuit. John Fulker, for stealing lead from the summer-house of Freemantle Park, near Kingsclear, is to be transported to Africa for seven years, and James Cant. his accomplice, to suffer three months imprisonment. Jacob Joel, for vending counterfeit half-pence at Portsmouth, is fined 20 l. and to suffer six months imprisonment. Richard Elliott and Martha Jordan, for stealing money, four gold rings, and sundry wearing apparel, from Mrs. Dudman and Mr. Collins of Andover, are be privately whipt, and to suffer twelve months imprisonment. Robert Geary and Mary Weston, for thefts, are to imprisoned six months each. Peggy Murray, Mary Crabb, Michael Woodward, Matthew Townsend, Mary Webb, Pamela Webb, and Robert Parless, for sundry felonies, were acquitted. Thomas Tandy, convicted at a former Assizes for stealing a considerable sum of money from his master, Mr. Morgan of Gosport, is to remain in gaol according to former orders.

An Aside — Mr John Graham

As well as a report of proceedings at the Assizes, the Hampshire Chronicle of Monday 15 July 1782 also included the following news item:

Graham apprehended, July 1782

In Hampshire Chronicle, Monday 15 July 1782.

Also in eg https://britishnewspaperarchive.co.uk/viewer/bl/0000073/17820720/007/0002 Oxford Journal - Saturday 20 July 1782

Winchester, Saturday, July 13.

This morning was apprehended, and taken into custody some of the people belonging to the public-office in Bow-street, the noted Graham, who a little time since was confined in Newgate for having in his possession unfinished plates, resembling the impression of Bank Notes; but for want of sufficient evidence, escaped from punishment. A woman supposed to be his wife, smartly dressed in a scarlet riding habit, was apprehended with him. On their examination, it appeared that they had lately issued counterfeited Bank Notes to a considerable amount in London; and were just set off into the country on the same iniquitous business. They came to the George Inn in Winchester, last Thursday, and were very fortunately observed by a Mr. Wright of Clerkenwell Bridewell, who happened to be here at the time, and who, on his return to London next afternoon, found an advertisement against them, with a reward of One Hundred Guineas to any person to take them. After giving information at the Bank, and to the office in Bow-street, he set off with a proper assistant to the place on Friday night, and arrived at the George Inn about eight o’clock this morning, where they learnt that the delinquents had set off in a return post chaise the evening before to the Coach and Horses Inn, at Southampton. They immediately pursued and found them at breakfast, with about 30 guineas lying on the table, and a counterfeit note not entirely compleated. They were brought back to Winchester, about twelve o’clock this day, when it was discovered that two of their notes of 50l. each, had been negociated here by the woman, one at Mr. Hooper’s, in the Square, of whom she bought a watch, and tendered the Note in payment. The other at the George Inn, in order to pay their bill. The change out of both notes were found in their trunk; in the opening of which was discovered a parcel of stamps, engraved in copper, and fixed into handles, with the words Ten, fifteen, twenty, twenty-five, and so on up to one hundred, engraved on them, exactly resembling those prefixed to the margin of real Bank Notes, both in size, shape, and construction; together with a black liquid composition, and other implements for making impressions with the said stamps. On examing (sic) the two counterfeit notes negotiated as above, it was found that they were originally real Bank Notes of 15l. value each, but that the een at the end of the word Fifteen had been ingeniously obliterated by some chemical preparation, and a y, exactly correspondent with the other letters, was added in lieu of them, making the notes appear of 50l. value each. This, being held before a candle, appeared very visible, notwithstanding the note had been artfully cut in the form prescribed Bank to send by post, and was joined again by a piece of paper pasted at the back, in order to prevent a discovery of the fraud. After a very long examination, the woman was committed to our gaol, and the man to Bridewell, on suspicion of being the fabricators of the said Notes.

Graham, on Friday last [July 5th?], went to see Tyrie, who under confinement in our goal (sic) for carrying on a treasonable and traiterous correspondence with our enemies, and was near four hours in conversation with him; and it is remarkable that in the trunk was found a letter from Tyrie, while under confinement London, addressed to Graham, informing him that he was to be conveyed to Winchester on such a day, in order to take his trial, at the assizes, and desired him to get certain others of their confederates to lay wait on Bagshot or Farnham Heath, disguised in carter’s frocks, &c. to rescue him; recommending also that they should be prepared with quantities of snuff to throw in the eyes of the persons who guarded him; and to have the necessary implements ready to take off his irons.— This request however does not seem to have had any weight with Graham, as no rescue was attempted on his journey to this place. The woman, soon after she was committed to gaol, offered the Turnkey a guinea to let her jump out of a one pair of Stairs window into the Street.

It is really to be lamented, that even the most cautious and circumspect people are so liable to be imposed upon by this kind of fraud; we therefore recommend to every body to be very careful of taking Bank Notes from persons who are entire strangers, however plausible and specious may be the allurements thrown in their way.

John Graham, we might remember, had previously communicated with Tyrie when Tyrie was in Newgate prison in London regarding a possible escape attempt either from Newgate gaol itself, or when en route from there to Winchester.

An earlier press mention for him can be found back in July 1780, when he appears, for whatever reason, to have already been getting in the good books of prisoners at Newgate.

A seasonable benefaction, July 1780

In Newcastle Courant, Saturday 15 July 1780.

The prisoners in Newgate return sincere thanks to Mr John Graham, for his seasonable benefaction of one guinea.

The following year, he was on trial himself for a minor forgery offence.

Tried for a misdemeanour, October 1781

In Derby Mercury, Thursday 25 October 1781 (incorrectly dated Thursday 25 October in British Newspapers online).

LONDON, (Monday) Oct. 22.

…

At the Sessions this Day at the Old Bailey, John Graham, was tried for a Misdemeanour committed on the 4th of October last, by procuring a blank Note of the Bank of England, to be engraved, with the Words TEN in Mezzotinto, which is made punishable by the 13th of his present Majesty, with six Months imprisonment; he was found guilty.

The trial of John Graham, as well as his wife, provides yet another tale, but that is one that I will have to tell elsewhere…

John Graham, trial and memoir

See also John Graham, trial and memoir.

The Special Commission Comes On

On Saturday, August 10th, the Special Commission met at Winchester Town Hall to try David Tyrie on a charge of High Treason.

A special commission at the Town-hall, August 1782

In Leicester Journal, Saturday 17 August 1782.

Also in In Caledonian Mercury, Saturday 17 August 1782.

On Saturday came on by a special commission at the Town-hall in Winchester, the trial of David Tyrie, before Hon. Mr Justice Heath, for high treason, in sending intelligence to the French. BY ten o’clock in the morning the court was uncommonly crouded, but the judge not make his appearance ‘till after twelve. A motion was made to put off the trial, which was grounded on an affidavit of the prisoner, that four of his witnesses were not ready; one is a woman now in Tothil-fields bridewell, two sailors who are abroad, and a man residing at Ostend. The court, however, thinking he had a sufficient time to be prepared, granted nothing for the motion. Mr. Morris, for the crown, opened the case, and enlarged on the dangerous effects produced by the permission of such persons escaping punishment. Maria Harvey proved that a bundle of papers, had been her delivered to her by Mrs. Askew, about the 13th of February; that the particular charge given with them raised her curiosity to enquire into the contents of the bundle. She had been induced in consequence to open them, and being of opinion that the contents were of a dangerous nature, she carried them to a Mr. Page, in Westminster, who being of the opinion, carried them to the Secretary of State’s Office. The papers were produced and proved——they consisted of copies of papers called Navy Progresses, being a list of all the ships of the navy, the situation and state of repair of each, &c. &c. To these were added remarks of their destination, a description of the dock-yards at Portsmouth, Plymouth, and all the public, and even several of the private docks. They also contained a plan, by which it was proposed to furnish a person in France with intelligence on very moderate terms, when the importance of the object was considered;——the particulars were an express to be employed, which would travel 450 miles, to be paid at 13d per mile; a monthly salary of five or six guineas to a person at each of the dock yards, and also a salary of two or three guineas to a man in the lesser yards. Several other papers were produced, all going to the purpose of giving information to the enemy. Mr. Vowel, a stationer in London, knew the prisoner, he had been a clerk to him five years; he proved most of the papers produced to be the hand-writing of the prisoner. Captain William James proved, that Tyrie had bargained with him to go to Boulogne, to purchase wines. He had agreed to pay him fifteen guineas for the voyage, and also to give him a letter of credit for 50l. more to trade with. He also delivered to him a packet for the commandant of the port, and a passport for Boulogne or Cherburg. The witness felt that carrying letters to France in time of war was improper; he had, in consequence thereof, communicated his thoughts to an acquaintance, one Captain Harrison. The Captain opened the packet; it contained five letters, which gave an account of the departure of the East India fleet, the same of the West India fleet, the strength and names of their respective convoys, &c. One of those letters was signed with the prisoner’s own name, and another with the name of Croix. These papers were all proved to be in the hand-writing of the prisoner. On behalf of the prisoner one witness was produced, who said nothing as to the matter in question. Mr. Watson, counsel for the prisoner, made a very ingenious speech in his behalf, which was ably replied to by Mr. Morris. The judge then summed up the evidence in a most able charge to the jury, who after a few minutes deliberation, brought in their verdict guilty.— Mr. Justice Heath, with that humanity which so peculiarly masks his character in all situations, made a most excellent speech to the prisoner, advising him to prepare for that fate injured laws of his country exacted him to suffer. He adjured him therefore to prepare for appearing before that tribunal where alone he might expect mercy; for such acts as these made it impossible for him to hope for any of his sovereign; who, however merciful he might be, could not, in tenderness to his subjects, permit such offenders to escape. He then proceeded to pass the following sentence: “The sentence that the law awards against you, and that this court adjudges is, that you, David Tyrie, be taken back to that place whence you came; that you be taken from thence on a hurdle to the place of execution, there to be hung by the neck but not till you are dead, but that you be cut down while yet alive, your bowels be taken out, and burnt before your face: that your head be severed from your body, and your body be divided into four quarters, your head and body to be disposed of as the King shall think fit, and the Lord have mercy upon your soul.” The prisoner heard this sentence without any apparent emotion, and during the whole trial was employed in writing notes to his counsel. The prisoner is by birth a Scotchman, he went to London as a servant, he lived with Mr. Vowel as a clerk about five years, and gained the esteem and confidence of his master. He afterwards went into business in the mercantile line, with Messrs. Parker and Crowe, with whom some time since he became a bankrupt. It is, however, supposed, that if his integrity had been equal to his abilities, he might have had very good success in his business. He some few years ago offered himself a candidate for the borough of Hindon, and having failed in his views as a merchant, procured himself a place in the navy-office at Portsmouth, which led him to this fatal enterprize. The trial did not conclude until eight o’clock on Saturday evening.

David Tyrie, who was convicted of high-treason on Saturday last at Winchester for holding a correspondence with the French, was the projector of that late gold coinage, for which it was said, he was offered a place of about 200l. a year, which he refused, considering it inadequate to his services.—— After he was taken from to the bar the gaoler found a razor concealed under the knee-band of his breeches.— After conviction when he was asked by the Clerk of Arraigns why sentence of death should not be pronounced upon him, he replied “he did not suppose any thing he could say would avail him, but he had a hope beyond the grave, and he despised the malice of his enemies”.

Whilst imprisoned in Winchester, Tyrie started working on an escape plan.

An Attempted Escape, August 1782

In Hampshire Chronicle, Monday 19 August 1782.

WINCHESTER, Saturday August 17.

Late this evening it was discovered, that the felons confined in the dungeon belonging to the county gaol in this city, had for time past been endeavouring to effect their escape, and had not the discovery been made when it was, every one of them would have been at large before the morning, together with Tyrie, now under sentence of death for high treason, who was the first object have been released.— the circumstance which led to the discovery is as follows: On Friday evening, Tyrie enquired how thick the wall of his cell was. He was answered, Three feet. He expressed some wonder at its being built so thick; and being asked, if he had any thought of trying to break out, he answered in the negative; but seemed to intimate, that less substance would have been sufficiently secure. The Keeper of the Prison being struck by the oddity of this conversation, made in the course of this day a minute search round the walls of the cells, and fortunately discovered in the malefactors dungeon a piece of plank, which gave way on receiving a hard stroke with the hammer. On taking out the plank, it was found that the brick work behind had been removed, nearly the whole thickness of the wall, and the bricks were replaced again in exact order, but so loose as to be taken out in few minutes. Their tools were also concealed here, consisting of a hammer, some large chisels, a hand-saw, &c. What rendered a discovery very difficult, is the inside of the cells having been lately white washed, and the plank was cut out in an irregular direction, so as to slip in and out with great nicety, and the delinquents had every morning after their work very carefully done over the crevice, with a thick white cement, so as to correspond exactly with the other part of the wall. This business is supposed to have been in hand upwards of a fortnight; and it is discovered, that when Graham (who was apprehended here for negotiating counterfeit bank notes) called at the gaol to see Tyrie, he gave him half a guinea, which money appears to have been laid out in purchasing implements to work their escape.— Throughout the whole of Tyrie’s deportment since he has been under the dreadful sentence of the law, he has not shown any apparent expectation of death. aad has plainly manifested his reliance on the success of this attempt, which has been thus timely and fortunately frustrated. After securing the prisoners, the Keeper began making the strictest enquiry for the person that furnished them with the implements, who it is much to be wished, will not remain long undetected.

It has been reported, that a reprieve was brought down for Tyrie by a King’s Messenger last night; but we have authority to say it is without foundation, and that he will be executed next Saturday at Portsmouth, agreeable to his sentence, which may be seen in his Trial, published at large by J. Wilkes, printer of this paper, from the notes taken in Court Mr. Gurney.

…

David Tyrie, who was convicted of High-Treason on Saturday, for holding a correspondence with the French, was the projector of the late gold coinage, for which, it is said, he was offered a place of 200l. a year, which he refused, considering it inadequate to his services. He was then clerk to a merchant in London; afterwards he went into trade as a merchant for himself, and failed; then he settled at Gosport, where he committed the crime for which he was cast.

As David Tyrie, convicted last Saturday of holding a treasonable correspondence with France, was able to ascertain an estimate of the sum that would be necessary for bribing a clerk in several of the public offices, are there not some grounds for a suspicion that he had accomplices in some, if not in all the offices alluded to? This matter should at least, be keenly investigated, that the guilty parties, if there are any, may no longer remain in a situation which enable them to do their country more fatal injury by a single whisper, than an enemy would, perhaps, be able to effect by fair and open hostilities in the course of years.

The escape attempt thwarted, Tyrie would remain imprisoned until the appointed time for his execution. Meanwhile, a transcript of the trial had already been published.

This day is published, August 1782

In Hampshire Chronicle, Monday 19 August 1782.

TYRIE’S TRIAL.
This day is published.
PRICE ONE SHILLING,
The TRIAL of DAVID TYRIE,
Convicted of High Treason, at the Castle of Winchester, held by adjournment on Saturday the 10th of August, 1782, before the Hon. John Heath, one the Justices of his Majesty’s Court of Common Pleas. Containing the whole of the Evidence, the several letters produced and read in Court, and the Defence of the Prisoner in an excellent Speech from Mr. Counsellor Watson.

Taken in Short-Hand by JOSEPH GURNEY.

Winchester: Printed and sold by J. WILKES and may be had of the booksellers at Gosport and Portsmouth, and of Skelton and Mills, Southampton.

Gurney’s shorthand record of the trial was also reprinted several years later in volume XXI of Cobbett’s complete collection of state trials and proceedings for high treason and other crimes and misdemeanors.

Cobbett’s complete collection of state trials, 1809

W. Cobbett, T. B. Howell and T. J. Howell, Cobbett’s complete collection of state trials and proceedings for high treason and other crimes and misdemeanors from the earliest period to the present time, 1809.

The Internet Archive version is incomplete, and is missing pages 835-8.

Vol. XXI, Reign of George the Third, pp815-846.

665. The Trial [Taken in shorthand by Joseph Gurney] of David Tyrie, for High Treason, at the Assizes at Winchester, held by Adjournment on Saturday, August the 10th; Before the Hon. John Heath, esq. one of the Justices of his Majesty’s Court of Common-Pleas: 22 George III A.d. 1782.

David TYRIE was indicted for falsely, wickedly, and traitorously, (being a subject of Great Britain) compassing, imagining, and intending, the king of and from the royal state, crown, title, power, and government of Great Britain, to depose and wholly deprive; and the king to kill, and bring and put to death; and to fulfil, perfect, and bring to effect, his treason, compassings, and imaginations, as such false traitor, falsely, wickedly, and traitorously composing and writing, and causing to be composed and wrote, divers letters and instructions in writing, to shew and inform Lewis the French king, (who for a long time, and still carries on and prosecutes, by land and by sea, an open and public war against our present king) and his subjects, enemies of our king, of the stations of divers squadrons of ships of war of our king, employed in prosecuting and carrying on said war; and also of the service in which divers other ships of war of our king were then employed in prosecuting and carrying on said war; and also of the times of sailing of divers ships of war of our king, and the destination of said $hips, and the services in which such ships were employed; and of the times when other ships of war of our king were then expected to sail from this kingdom, and the voyages, cruises, and services, upon which such ships were expected to sail; and also of the times when other ships of war of our king, employed in the prosecution and carrying on of said war, were expected to arrive in this kingdom; and also the number and force of divers ships of war of our king, within certain ports of this kingdom, and of the state and condition of several of said ships; and also of the times of sailing of divers other ships and vessels of our king, from this kingdom, to the dominions of our king, and other places, in parts beyond the seas; and during said war, as such false traitor, in prosecution of his treason and treasonable purposes, falsely, wickedly, and traitorously composing and writing, and causing and procuring to be composed and wrote, a letter to be sent to subjects of said French king, in parts beyond the seas, enemies of our king; in which said letter said David Tyrie (among other things) wickedly, falsely, and traitorously notified, disclosed, and revealed, to said enemies of our king, that a squadron of ships of war of our king, consisting of the Arethusa, La Prudente, Monsiear, and Recovery, frigates, had sailed from Spithead, on second of February, (meaning second of February last) and were then employed in prosecuting and carrying on said war off Cape La Hogue in France: and in another of said accounts or lists, said David Tyrie, falsely, wickedly, and traitorously, notified, disclosed, and revealed, to said enemies of our king, the times of the sailing and destination of divers other ships of war of our king, which had lately before that time sailed from this kingdom for the purpose of convoying the East and West India fleets, and other ships belonging to subjects of our king; and also the stations of divers ships of war of our king, then cruizing on the French coast, against the enemies of our king: and in another of said accounts or lists, said David Tyrie falsely, wickedly, and traitorously, notified, disclosed, and revealed, to said enemies of our king, the number, state, condition, and force, of divers other ships of war of our king, employed in prosecuting and carrying on said war, and the times when such ships were expected to sail from this kingdom, and the voyages, cruizes, and services, upon which such ships were expected to sail; and also the times when divers other ships of war of our king, employed in prosecuting and carrying on said war, were expected to arrive in this kingdom; and also the number and force the ships of war of our king then repairing in ports within this kingdom: and during said war, said David Tyrie, as such false traitor, in prosecution of his treason and treasonable purposes, falsely, wickedly, and traitorously, composed and wrote, and caused and procured to be composed and wrote, an account or state, to be sent to subjects of said French king; in which said account or state, said David Tyrie notified, disclosed, and revealed, to said enemies of our king, the number, and times of sailing, of ships or vessels of our king, employed as transports, store ships, and victuallers, for the purpose of prosecuting and carrying on said war; and during said war, said David Tyrie, as such false traitor, in prosecution of his treason and treasonable purposes, falsely, maliciously, wickedly, and traitorously, composed and wrote, and caused and procured to be composed and wrote, another letter, to be sent to subjects of said French king, in parts beyond the seas, enemies of our king, in which last-mentioned letter said David Tyrie (amongst other things) falsely, wickedly, and traitorously, notified, disclosed, and revealed, to said enemies of our king, the number, and times of sailing, of certain ships or vessels belonging to subjects of our king, from this kingdom to the dominions of our king and other places in parts beyond the seas: and said David Tyrie, in prosecution of, and to promote his treason, imaginations, and compassings aforesaid, falsely, wickedly, and traitorously, did send, and procure to be sent, all and singular said several letters, instructions in writing, accounts, lists and states, to be delivered in parts beyond the seas, to several subjects of the said French king, enemies of king, [That the writing and sending of such letters, &c. with such an intent, although the letters, &c. were intercepted, and did not reach their destination, are overt acts of compassing and imagining the death of the king, and also of adhering to the king's enemies, see Gregg's Case, vol. 14, p. 1371; Hensey's Case, vol. 19, p. 1341; De la Motte's Case, vol. 21, p. 687; add East's Pleas of the Crown, ch. 2,*s.* 58.] and that during said war, said David Tyrie, as such false traitor, and in prosecution of his said treason and treasonable purposes, falsely, wickedly, and traitorously, did retain, hire, and procure, and cause to be retained, hired, and procured, William James, to carry and convey from this kingdom unto the kingdom of France, and there to deliver to subjects of said French king, enemies of our king, certain letters, instructions in writing, to inform said French king and his subjects, enemies of our king, of the state, condition, destination, and stations, of the naval forces of the kingdom, and other advice and intelligence, to enable and assist said French king, and his subjects, in the prosecution and carrying on of said war against our king and his subjects—against his duty, and allegiance, &c. and against the statute, at Gosport, 10th of February last, and on other days and times, as well before as after.

Second Count. For unlawfully and traitorously adhering to the king’s enemies.

The Prisoner having pleaded Not Guilty to the indictment, the pannel was called over by the Clerk of Arraigns; when the Prisoner’s Counsel having peremptorily challenged thirty-five of the Jurors, and the Counsel for the Crown three, the following were sworn.

Richard Dicker, John Wade,
William Knowles, Richard Moody,
James Butterworth, Thomas Figes,
Thomas Wilsted, William Grist,
John Godsall, William Edney,
John Tidcomb, John Atkins.

Counsel for the Crown. — Mr. Morris, Mr. Serj. Grose, Mr. Batt.

Counsel for the Prisoner. — Mr. Watson.

EVIDENCE FOR THE CROWN

Maria Hervey sworn.

Examined by Mr. Serjeant Grose. [Afterwards one of the justices B. R.]

Where do you live?— In Carvick’s-row, Scotland yard.

I believe you keep a school?— I do.

Do you remember any lady, at any time, coming to you with some papers?— Yes; on Wednesday, the 13th of February.

Who was she?— A woman who called herself Askew.

What did you do with those papers?— I inspected into them, and then delivered them up to a gentleman of Westminster, Mr. Page.

How came you to inspect into them?— From various reasons. The lady gave me reason, from what she said, to suspect their being of a criminal nature.

What were those reasons?— By her saying, ‘she had taken three coaches to bring them;’ and she appeared very much flurried. She said, ‘the gentleman that delivered them to her was in trouble, and wished to get them off.’ This created a suspicion in me. I therefore inspected into them; and gave them all, on the same day, to Mr. Page.

Cross-examined by Mr. Watson.

Had you any acquaintance with Mrs. Askew?— Very little: I had seen her four or five different times before.

Of what nature was your acquaintance with her?— Her sister sent a couple of young ladies to school to me, for education. I had seen Mrs. Askew at Mrs. Smith’s lodgings.

Do you know where Mrs. Askew lived?— No; not when first I became to have some knowledge of her.

Did she give any other reason but this for intrusting the papers to you?— No. She before had told me she had something to intrust with me, and wanted a favourable opportunity.

How long was that before?— About a month or six weeks. And she asked me which was the most eligible time of seeing me alone. I told her my hours of leisure.

And she came at that distance of time afterwards?— Yes.

Do you recollect pretty perfectly what she said?— “Mrs. Hervey, I have something to communicate to you, and wish to find an opportunity of telling you.” When she came with the papers, she said, she would take it as a favour if I would take particular care of these papers; and she hoped I would not shew them to any person. I said, No, certainly I shall not shew them; I would not shew my own papers, that were of a family nature; and certainly should not shew them.

Had she explained to you that these were papers of a family nature?— No; but I thought they were so.

Had not she told you they were some concerns her husband did not know of?— No; she told me no such thing.

Recollect accurately that part of the conversation?— She said no such thing. The man, she said, had given them to her; ‘he,’ she sud. I said, What, Mr. Tyrie? She said, Yes. She said, if Mr. Tyrie was here, he would be very angry with you for calling me Askew, for he took me to church for a name.

Did she not tell you she was afraid he should know of these papers?— No; she said no such thing.

You said she expressed considerable anxiety?— Yes; and was very much flurried.

And said, if Mr. Tyrie knew of your calling her Mrs. Askew, he would be very angry?— Yes; but I said she had never passed by any other name in my hearing.

She said she was in trouble, and wished to get rid of the papers?— No; she said he was in trouble.

Recollect whether you did not understand from her, at that time, that Mr. Tyrie did not know any thing about these papers?— I had every reason in the world to think he did.

What are those reasons?— Her saying ‘he’ immediately upon my mentioning Mr. Tyrie’s name: and from having seen Mr. Tyrie; and from knowing that she lived with Mr. Tyrie.

Court. What did you say about what passed upon your mentioning Mr. Tyrie’s name?— A. She said, Yes. She said they came from he. I wished to know whether it was he. I had seen them together at her sister’s house. I said, What, Mr. Tyrie? She said, Yes.

Mr. Watson, Upon her saying ‘he’ would be angry, you asked who ‘he’ was; what, Mr. Tyrie? A. Yes.

But she did not say the papers came from him?— No; she did not.

Mr. Serjeant Grose, When she said ‘he,’ and you said, What, Mr. Tyrie? how came the name of Mr. Tyrie to occur to you? A. Because I had frequently heard her sister mention the name to Tyrie, and her sister’s children had mentioned it in my school. I had heard her sister mention the name frequently.

You said just now she said Mr. Tyrie would be angry?— She never mentioned such a word as his anger when I asked if Mr. Tyrie gave her the papers; then she made no answer.

What did she say about his anger, on account of your calling her Askew?— She said, “If you was to call me Askew in his presence, he would be angry,” When she gave the papers, she said he had delivered them to her to get them off. These were the very words. I thought it astonishing she should take three coaches, to bring papers. I asked her what that meant: for she said she took three different coaches, in this manner: that she stopped about ten minutes, and then took another; for that he was in a great deal of trouble, that he wished to get them off safe, and that she had taken that method.

What did you say next after that?— I do not recollect that I made any reply to it. I had my own sentiments upon it. I thought there was something very bad. When I said, what, Mr. Tyrie? she was then silent. It was exceeding cold. She had a large Brunswick great coat on. I said, Madam, you have a good covering against the inclemency of the weather; for it is very severe. She said, she had great occasion for it; for she travelled night and day. I said, Travel night and day! you told me you lived at Ranelagh: that is not a mat way. She replied, O dear! I have come five hundred miles.

You said before, that she said he was in a great deal of trouble, and wished to get them off safe?

Court. What that woman said is not evidence.

Mr. Serj. Grose. Did I understand you right, that you had seen this lady and Mr. Tyrie together?— A. Yes; I had seen them twice together.

Is the prisoner that person?— He is.

Mr. Watson. You seem to have mended your evidence in this last account of it; for the account you gave to me was, you called her Mrs. Askew: upon which she said, if he heard you call me Mrs. Askew, he would be angry. That was a part of your evidence, and the point to which you applied in answering my questions to the word ‘he.’ Now, in your answer to this gentleman, you said the word ‘he’ related to the prisoner, when she gave you the papers; that ‘he’ was in trouble, and sent them. You said otherwise to me. Which is the truth?— A. She did not say she brought them from Mr. Tyrie. She said ‘he.’

Court. Had you been talking of Mr. Tyrie before?— A. No.

Mr. Jonathan Page sworn.
Examined by Mr. Batt.

Are you acquainted with the last witness?— I am.

Do you remember her, at any time, shewing you a bundle of papers?— Yes.

On what day was it?— In the evening of the 13th of February last. She brought the papers to me late in the evening. She did not tell me the nature of them at the time, but she desired I would look at them. I said, as soon as I was at leisure, I would examine them. It was rather late before I was disengaged. Then I looked them over, and saw the nature of them. I returned them to her, and told her I would consider, against next morning, what was proper to be done. I got up early next morning; and went, with a constable, to her house. I took the papers from her, and left the constable there, with a charge to seize any person who should come to enquire for the papers. I examined the papers fully, marked them, and then sent them to a gentleman at that time in the ministry, the secretary at war. He returned them in a short time by his servant, with a note: in consequence of which I went to the Admiralty with these papers; and saw Mr. Stephens. After that, we went to the office of the secretary of state; and there were two or three meetings upon these papers, and the examining of them. The papers were delivered at the secretary of state’s office, to Mr. Fraser, or Mr. Chamberlayne.

Look at these papers, and see whether the marks upon them are, or are not, of your making?— They are.

And they were marked by you at the second time they were put into your hands?— They were. They are from No. 1, to No. 50 I believe.

Mr. John Vowell sworn.
Examined by Mr. Serjeant Grose,

Have you ever seen the prisoner write?— I have.

Do you know his hand writing?— I do.

Pick out such of those papers as you know to be his hand-writing. Please first to inspect No. 1 to No. 8, which are intitled “Progress of the Navy.” — These papers, No. 1 to 8 appear to be his hand-writing.

Mr. John Palmer sworn.
Examined by Mr. Serjeant Grose.

Did you ever see Mr. Tyrie write?— I have.

Do you know his hand-writing?— I do.

Look at these papers, from No. 1 lo 8?— I believe these to be his hand-writing.

Thomas Flint sworn.
Examined by Mr. Batt.

I believe you have an employment in the Navy-office?— Yes, I have.

In what particular branch?— In the surveyor’s office.

Look at these papers (No. 1 to 8), are they similar to papers you have in your office so intitled?— I have here a book which contains the progress of the navy for the whole year.

Where is that book kept?— It is kept in the office.

Does this account appear to be a copy of that book?— It appears to be an exact copy.

What is the date of the list you are looking at?— The 23d of November, 1781.

Now cast your eye over them, and inform the court and jury, whether you find it correspond, or find any difference: if you find any difference, say what that difference is.— I have compared it with what is done in his majesty’s yard at Deptford; it exactly corresponds: and in the merchants’ yard, where ships are building. At Woolwich, there are two armed store-ships in my book, which are not in this; but these are things of no manner of consequence.

Mr. Morris. I see there are three ships at Deptford less, in this account, than in your’s; they are trilling things: one is the Hound sloop, only 14 guns, a cutter, and a yacht.

In that list which has been proved to be of the prisoner’s hand-writing, there are the names of the captains, together with some characters. Are those, or not, contained in your book?— They are not; the names of captains are never contained in this.

How often are these lists made out, and sent to the Navy-office?— Every week.

And then you make them out in such a book as you have now before you, from the respective lists sent from the different yards?— Yes.

Is that a report of one week from the different yards, or of how long time?— This I have spoken to is of one week only.

Look at the paper No. 2. — That is without date.

Is it such a paper as the other you have spoken to?— No. There are more ships in this account than we have in the original book of the 23d of November, 1781, if it means that day.

Cross-examined by Mr. Watson.

You say that list of ships resembles the list you have, only with small variations?— It does.

But is it a copy of your account?— Does it contain the observations, for instance, which yours contains?— Nearly; and I dare say was to answer the same purpose. It is the progress of the navy; and this is a list of the same ships that I mentioned: there are one or two small ships indeed different. I did not look farther than Deptford, the merchant’s yards, and Woolwich.

Mr. Watson. I meant, whether it contained your official observations.

Mr, Batt. What is the title of the book?— A. “An account of the readiness for the sea of his majesty’s ships and vessels under repair, and of those building and rebuilding, and of such as lie in harbour.” The book contains more than the title imports; for here are all the ships that are building for his majesty in the merchants’ yards, which is not mentioned in the title.

Does the title of that paper you have looked at correspond with the title of your book?— The words are the very same.

(Several of the entries were read.)

No. XI.— (Proved to be the prisoner’s handwriting). It contained a rough draught of a list of ships, with their condition, at the merchants’ yards, at Portsmouth, Plymouth, Woolwich, Sheerness, and Harwich.

No. XIV. and XV.— (The prisoner’s handwriting). They contained a list of the navy of Great Britain, in numerical order, to No. 221 ships, from the Britannia of 100 guns, down to the Seaford, with the number of guns they carry.

No. X VIII.— A list of ships, not in the prisoner’s hand-writing; but a remark against one of them in the prisoner’s hand-writing, in which he says, “Going to Mahon or Africa, to be met by the convoy with troops.”

No. XIX.— (The prisoner’s hand-writing).— It contained a list of the particulars of a great number of ships. At the bottom, “4th Jan. to Mr. Bonnier. 8th Jan. to Mr. Brodelet.”

At the bottom of the paper, in another hand, were written these directions:

“For Ostend. A Monsieur De Neve, à l’Hôtel de Ville, pour Mr. Domiqique le Moine, à Ostend.”

“A Monsieur Bonnier, chez Mr. Dufour, Sellier, Rue de la Cue, à Boulogne.”

“Mons. Brodelet, Rue St. François au Maria, à Paris.”

No. XXI.— Another direction to Mons. Bonnier, upon a separate piece of paper.

No. XXII.— (The prisoner’s hand-writing) contained a list of ships at Spithead on Thursday evening, Jan. 24th, mentioning those, which were coming into harbour.

No. XXVI. and XXVII.— (The prisoner’s hand-writing.)

“In affairs that regard the navy of England, the information that I conceive necessary for the regulation of your friend, may be had in a summary way from the Admiralty-office; but the particulars that you require must come from the different departments for naval affairs.

“1st. A correct list of the line-of-battle ships in ordinary, with their state and condition; together with the frigates, sloops, and fire-ships. This may be got from the Navy-office.

“2nd. Ditto of all ships of war, of every denomination, building in the king’s and private dock-yards; with the contracted time for their launch. This may also be got from N. O.

“3d. Ditto of the line-of-battle ships in commission; their numbers of guns, and weight of metal; station; warlike and ship’s stores; number and quality of the crew actually on board; state and condition of the ship; with her sea and serviceable qualities.

“It is possible to get all those particulars from the N. O. but the most certain mode would be from the Admiralty, Navy, Ordnance, and Victualling-offices, and the respective dock-yards where vessels rendezvous for cleaning and repairing.

“Provisions are transported from the Victualling-office in London to the different ports where vessels of war fit out, where they are committed to the care of the store-keepers who victuals the outward-bound ships by orders from the Admiralty. The same mode is observed with ordnance and naval stores. Official lists in general are inaccurate, and the state of our navy from them cannot be depended upon; a communication with an intelligent person at each of the dock-yards is the best channel for procuring and keeping an exact state of the navy.

“I estimate the first expence in settling the correspondence from London to Plymouth and back, by way of Portsmouth, 450 miles, which with road expenses, posting costs 1s. 1d. per mile: 24l. 7s. 6d.

Suppose expences while at the docks: 8l. 8s. 0d.

To Chatham and Sheerness and back, 90 miles at 1s. 1d.: 4l. 17s. 6d.

Suppose expences while at the docks: 6l. 6s. 0d.

A correspondence may be settled at Harwich without the expence of a Journey: 0l. 0s. 0d.

Total: 43l. 19s. 0d.

“I should imagine that proper persons could be found at Portsmouth and Plymouth, for five guineas per month, including all extra expences, to furnish every information wanted; and one person, on the same terms, to supply for both Chatham and Sheerness, as the communication between them is frequent, and the distance but small.

“Harwich being a more inconsiderable dock, two or three guineas per month would be sufficient.

“Woolwich and Deptford, being at a short distance from town, may be furnished by the agent there.

“By the above, I mean regularly to have a packet from each twice a week. Except in matters of great importance, where it might be necessary to send an express; and it is expected, that the agent will be reimbursed his actual expence on such occasions, over and above the stated allowance.

“If it is required to know weekly the quantities of stores and provisions contracted for by the Victualling-office for the use of the fleet, a person in that office is necessary, but not otherways; and such information may be had for about three or four guineas per month.

“A communication with a person in the Navy-office is very necessary; and every information wanted from that quarter may be had for seven guineas and a half per month.

“A communication with the Admiralty is also necessary; but, as that is for information only, no sum can be stipulated, but must depend on the importance of the occasion, and condition of the officer.

“A communication with the Ordnance-office, I think, unnecessary, unless it be to know the quantities on hand, and what are shipped off from time to time, which can always be known for a small expence.”

(All the papers throughout the trial, stated to be the prisoner’s handwriting, were proved so to be by Mr. John Vowell and Mr. John Palmer.)

William James sworn.

Examined by Mr. Batt.

Where do you live?— I formerly was resident at Lyme.

Where did you live in February last?— At Portsmouth and Gosport. I have a brother there.

Look at the prisoner: are you acquainted with him?— I know the prisoner.

Did you see him any time last February?— Yes, at Gosport. I am rather thick of hearing;: I will rehearse the whole story if you please; afterwards, if you ask me any questions, I will endeavour to answer them to the best of my knowledge. I was acquainted with one captain Bowles; he told me he was employed by Mr. Tyrie to go to Ostend.

I must bring you to the time I mentioned in February. Drop the other circumstances of your story, and inform the Court what passed between the prisoner and you in February.— I met Mr. Tyrie pretty near the beach at Gosport: he asked me, If I had heard any thing of the misfortune that had happened to Bowles, who was employed in captain Harrison’s vessel to go to Ostend. He said, Captain Bowles had the misfortune to lose the vessel coming out of Boulogne. Mr. Tyrie said, He wanted to supply some ships going out to the East Indies with wine. He said, He wanted to get the wine home, and asked me if I would go and conduct a vessel home from Boulogne. I said, my business required me to go to Guernsey. He said, He should give me 15l.. or 15 guineas, if I would go and bring home the wine to Spithead, and the people that were there; and that I should have a letter of credit for 50l. if I chose to purchase any thing. I asked him what vessel he had to carry me there? He said, He would have a vessel at a moment’s notice; he could have one of Stevens’s at the Point. I went with him there. Stevens was indifferent about going. I told Mr. Tyrie the wind was too short to go to Boulogne. He then said, If I could not get there, Cherbourg would answer his purpose as well as Boulogne. I told him I had been there many times, but could never buy any wine; but he said, the gentleman he should send me to would supply me with what he wanted. I told him, it being war-time, it would be hazardous to go into an enemy’s country; I thought they might detain me there. He said, No, he would give me a piece of paper of signals, which I was to make at my arrival there, that nobody should detain me. I asked him if I should have my liberty to go on shore? He said, I might; but none of the people on board must go on shore: that I should be provided with necessaries.

Did he give you any signals?— He did; but, before I had the signals, I waited upon him at the Crown-inn; there he delivered me a packet.

At what time was this?— Between nine and ten o’clock at night of the same day; I think it was the 17th of February; it was of a Sunday.

Are you sure it was on a Sunday?— Yes; and I believe it was on the 17th; Mr. Tyrie delivered me a packet.

When you went to Tyrie’s lodgings at the Crown, who was with him?— Mr. Mailstone. and Mr. Tyrie’s wife, or a woman that passed for his wife, was with him.

Did you observe what they were doing?— Mr. Tyrie and his wife were both sitting at the table, and I believe they were both writing; but I did not interfere with their business, as I looked upon it to be letters of trade. Mr. Tyrie, after that, gave me a packet of letters.

Look at that packet.— This is the same, I believe; I am sure the outside is. It was between nine and ten o’clock when he delivered me this. Mr. Tyrie and his wife then set off, as they said, for London.

You mentioned before, that Mr. Tyrie gave you a paper of signals to protect you against the French when you came upon their coast: what did you do with that?— I carried the papers with me to London, and delivered them to Mr. Chamberlayne.

Look at these papers.— These are the papers that were delivered to me by Mr. Tyrie; and that I gave to Mr. Chamberlayne.

Cross-examined by Mr. Watson.

You say this is a paper which you gave to Mr. Chamberlayne?— Yes.

What marks are there by which you know it?— There are the two first letters of my name upon it.

When did you give that paper to Mr. Chamberlayne?— It was of a Monday; I think, the 22d day of the month; but I will not be positive to the day of the month: but I am positive this is the paper.

It was on a Monday; in what month was it?— In the month of February.

At what place?— The office in Bow-street.

What carried you with that paper to the office in Bow-street?— A coach.

By whom were you sent there?— By Mr. William Harrison, of Gosport.

Who is Mr. Wm. Harrison?— The master of a vessel he has been formerly, as I am informed; and He resides at Gosport.

(The signals read.)

“Signals. — A St. George’s jack at the mast-head, a French ensign at the staff, a weoff at the gaff end, and fire two guns or muskets to leeward.”

Mr. Morris. That is an exact copy of this paper that was delivered to Mrs. Hervey, which was with the papers that were in the hand-writing of the prisoner.

Look at that other paper. What use did Mr. Tyrie say you was to make of that, when he gave it you?— I did not understand the English of it; but Mr. Tyrie said, after I had made those signals, a boat would come off to me, and I was to deliver this, paper, and then the packet, and was then to be permitted to go on shore.

Did he say any thing about that paper protecting you?— He said, when I produced that paper, I should not be hurt.

After this conversation, you said, Mr. Tyrie, and the woman who called herself his wife, went to London?— Yes.

Did you keep this packet in your possession?— Yes. The next morning, when I came to think of it, I thought it not right to carry a packet of letters to an enemies port, without knowing the contents of it. I took this packet to Mr. Harrison, and left it in his hands, to take down the directions: he brought it me again; and I had not kept it ten minutes before captain Harrison came in, and took them up off the table; and I did not see them any more.

Mr. Watson. You say you had a packet which was directed in the way that packet was which you had in your hand just now, and that this is the cover it. Did you open it?— No.

Did captain Harrison open it in your presence?— I was walking up and down the room when he opened it.

Was any other person present?— No.

Do you know how many papers there were in that packet?— I cannot swear; I think there were five: but I did not take any particular notice of it.

Had you any conversation at that time about Tyrie with captain Harrison?— I do not know any thing particular.

Did captain Harrison talk of making a hundred pound of the papers?— He did, while we were in captain Standfield’s house.

Did he say how he was to make a hundred pound of them?— No.

Did captain Harrison tell you, you must make Tyrie look as black as possible, in order to get this hundred pound?— He did. When I arrived at London, he said, We are going to the office; I would have you make it as black as you can against Tyrie. I said, No blacker than the truth.

Have you had any conversation since with a woman that is in Tothill-fields Bridewell?— Very little.

Do you know a man of the name of Ramsey?— Yes.

Have not you had some conversation with him about Harrison, and this transaction?— I may have had some conversation with him.

Did not you tell him you knew nothing about it but what Harrison bid you say?— No; I am sure I could never say any such thing.

Have you had any conversation with Ramsey, in which you said that you swore to things in Bow-street that you knew nothing about?— Never, to my knowledge. I could not say a thing of that kind.

William Harrison sworn.

Examined by Mr. Batt.

Are you acquainted with William James?— I have been acquainted with him only since this affair happened: I never saw him before.

Do you remember his shewing you a packet of letters?— He did not shew it me, till I entreated him to do it.

Look at this packet: Is it the same that James shewed you?— That is the outside case.

What did you do with that, when you had it in your possession?— I got it to my own house. Mr. James told me capt. Standfield was a friend and acquaintance of his, and desire me to let him take it to him, to ask his advice. I was dubious to let him have it, for fear he should take it away. I opened it. Upon seeing there was a letter directed to the minister of marine, at Paris, I thought it could not be a wine-merchant’s business. I then put them into my pocket, hasted to London immediately, and delivered them to lord Stormont’s secretary, Mr. Fraser.

Are the contents in this cover the same as when you delivered them?— I believe they are: I delivered the whole.

Cross-examined by Mr. Watson.

At what time did you carry them to London?— On the 19th of February I went. I arrived in London on the 20th.

William Fraser, esq. sworn.

Examined by Mr. Serjeant Grose.

You were, Sir, at that time, under secretary at lord Stormont’s office?— I was.

Where had you that packet from?— From Mr. Harrison, in the secretary of state’s office.

Are those the papers, as you received them?— They are: they are every one of them marked by me in my own hand-writing.

How soon did you mark them after you received them?— To the best of my recollection, I marked most of them, I believe I might say all, in Mr. Harrison’s presence.

Did you receive any more?— I did not.

Did you mark them as you found them in the cover?— I did.

(The outside cover to the packet was in the prisoner’s hand-writing.)

Direction: “For captain James; to be opened upon his departure from Dunnose.”

Mr. Morris to Harrison. Did you open the outside cover?— A. I did partly, but nothing else.

What was inside that cover?— Letters.

Did you deliver the whole to that gentleman?— Yes; every piece of paper.

And none but what were in that cover?— Not one. There was a little piece of paper besides; that was signals.

Mr. Morris. Now we will read the papers contained in that cover.

No. I.— (The prisoner’s hand-writing.)

“Mr. John De Lisle, à Cherbourg.

“Sir; Mr. Cassin, of Calais, desired me, upon any occasion, to address myself to you at Cherbourg, he having previously satisfied you respecting my solidity. In consequence of his recommendation, I have sent a small sloop to address, on which you will please to load 150 dozen of the best claret, in hampers of 42 bottles; 50 dozen of Burgundy, in hampers of 36 ditto. Send me the invoice and bill of loading by post, and for the amount draw on Mons. Brodelet, in Paris, whom I have given orders to honour your drafts. You may supply capt James with 50l. on my account.— I am, respectfully. Sir, your most obedient servant.”

“A Monsieur Jean De Lisle, Cherbourg.”

No II.— (The prisoner’s hand-writing.)

“Mr. John Totterell, à Ostend.

“Sir; This will be delivered to you by capt William James, to whom you may advance the sum of 50l. for which I will be answerable. Please to load, on the vessel that brings him, 80 dozen claret, in four dozen hampers, 40 ditto champagne, two dozen ditto, 300lb. hyson tea, in 25 bags, and 150 tubs brandy.

“Take his receipts for the whole, and transmit to me by post.— I am respectfully. Sir, your most obedient servant,d. Tyrie.”
“London, Feb. 9, 1782.”
“Mr. John Totterell, merchant, Ostend.
Per fav. capt Wm. James.”

No. III.— (The prisoner’s hand-writing.)

“Spithead, Feb. 10, 1782, 6 o’clock p. m.

“Sir; If the bearer should not be able to fetch Boulogne, he will deliver you a packet, directed for Mons. Bonnier. Please to open it, and forward the letter directed for Mons. Brodelet, to the minister of marine, at Paris, with the utmost speed. That directed tor Bonnier make your own use of. You may ask him for his letter to M. De Lisle, which you’ll please to keep; and acquaint him that M. De lisle has retired from Cherbourg. He will bring up without the port. You may order the vessel to remain there, if you please. Dispatch him again as soon as possible, and do not suffer his people to have any communication with the shore.—I have the honour to be, Sir, your most obedient and most humble servant, Croize.”
“A Mousieur Commandant, à Cherbourg.”

No. IV.— (The prisoner’s hand-writing.)

A cover, which contained two letters, No. V and No. VI. the cover directed “A Monsieur Bonnier, chez M. Dufour, Sellier, Rue de la Cue, à Boulogne.”

No. V. — (In the hand-writing of a woman.)

“Sir; The bearer is ignorant of the business he comes on— receive and treat him as a wine-merchant only. Send with him the wine now remaining in your care, and as much more as you can get. Do not delay him. Forward what he brings to Mons. Brodelet with the utmost speed, and desire the commandant&m to communicate the contents of the note at foot, where needful.

“The Arethusa, La Prudente, Monsieur, and Recovery frigates, which sailed from Spithead list week (2d of February), are hovering off the French coast, to intercept a fleet of ships expected to sail about this time from Cherbourg, Havre, and other ports, with stores for the Bay, to rendezvous at Cape la Hogue.”
“M. Bonnier, chez M. Dufour.”

No. VI.— (In the hand-writing of a woman.)

“Spithead, Feb. 10, 1782, 1 o’clock, p. m.

“At sun-rise this morning, No. 98 made the signal for the West India fleet to unmoor, and they are now getting under sail. The fleet consists of about 190 sail of transports, store-ships, victuallers, and merchantmen. No. 98, 111, and 162, are to convoy them to the West Indies, and No. 40, and 101, which sailed with the East India convoy, have orders to join them in the Bay, and proceed; No. S6, and 170, go with them about 300 leagues to the westward, and return.

“No. 122, 126, 119, and 136, are now on the French coast, waiting for a fleet of ships, expected to sail about this time with stores for the Bay. The information received here, says they are coming from Cherbourg, Havre, &c. and to rendezvous at Cape la Hogue for your government.

“No. 183, advised you, in a dispatch, No. 8, to have sailed with the East India convoy, is put back, having run foul of an East India ship, and carried away her bowsprit. This fleet were all seen from the Isle or Wight on Thursday morning; but no news from them have come here since they sailed, and the wind has ever since continued fair at N. N. E. and N. E. It blows now E. N. E. moderate.

“No. 177, with about twelve merchant ships, sailed on Friday evening for Cork. She calls at Plymouth to take the trade from them.”
“A Monsieur Brodelet.”

[In No. XIV and XV, which contains a numerical list of the fleet. No. 98 is the Princess Caroline, No. 111 the Endymion, No. 162 the Alarm, No. 40 the Magnificent, No. 101 the Renown, No. 20 the Berwick, No. 170 the Albemarle, No. 122 the Arethnsa. No. 126 the Monsieur, No. 119 la Prudente, No. 136 the Recovery, No. 183 the Medea.]

Mr. Serjeant Grose to Capt. Harrison. Do you recollect at what time in the year 1782, the Princess Caroline sailed from Spithead?— I believe, in the month of February.

Can you tell me in what month the Arethusa, the Prudente, Monsieur, and Recovery frigates sailed?— They went out early in February, upon a secret expedition.

Do you remember the Medea sailing?— I cannot say I do.

Do you recollect any circumstance that happened to the Medea?— I recollect one of the East Indiamen being damaged at sea; but I can’t particularly say what the damage was. I remember the circumstance of one East Indiaman being hurt.

Did the Endymion and the Anson sail about the beginning of the year?— In February they both sailed, to the best of my knowledge; they went either with the East or West India fleet.

When did the Magnificent and Renown sail?— I cannot say; but I think they went out with that West India fleet: then they sailed on the 17th of February.

Do you know what is become of the Enterprize?— I do not.

No VII.— (The prisoner’s hand-writing.)

“Gosport, Feb. 10, 1782.
“Mons. Bonnier,
“Sir; Please to send by the bearer the wine left under your care byl. P. with forty or fifty dozen more of the same quality, if it can be got: this last let Mr. B. charge to my account. Give the captain all possible dispatch, and supply with what he may want for the cutter’s use. I recommend him to your protection, and am, Sir, your most obedient servant,d. Tyrie.”
“A Monsieur Bonnier, chez M. Dufour, Sellier, Rue de la Cue, à Boulogne.”

Moses Morant sworn.

Examined by Mr. Batt.

You are, I believe, a constable?— Yes.

Do you remember being called upon at any time to assist in apprehending Mr. Tyrie?— I was not at the apprehending of him. Mr. Tyrie was brought to the office. The constable who apprehended him said a great-coat was left at the round-house, where he had been all night. I thought there might be something in that great-coat. I went and took these books (producing them) out of the pocket. I asked Mr. Tyrie if he had a greatcoat at the round-house?— He said he had, and had three books in it; which are these: they are three printed lists of the navy.

John Frodsham sworn.

Examined by Mr. Batt.

You are clerk to Mr. Wright and the other magistrates at Bow-street?— I am.

Did you go to the lodgings of Mr. Tyre?— I was directed by the magistrate to go and see that the officer did his duty in searching for the papers. These papers were found at his lodgings; they have ail my initials on them. Some were found upon the tester of the bed; some in the trunk, and lying about: some part were tied up. They are marked on them where they were found. (The papers were.) “A list of the ordnance stores in different forts.”—” The ships at Woolwich.”— “The state of our National Debt.”—“Another list of ships,”—“The king’s ships at Portsmouth in commission.”

James Mailstone sworn.

Examined by Mr. Batt.

Are you acquainted with the prisoner?— Yes,

How long have you known him?— We served our apprenticeships next door to each other in Leith, in Scotland.

Were you applied to by him to be employed in any business?— Yes, at the end of last November, he told me he had got some employment for me; that I was to go down to Portsmouth, and that he would get me commissions to buy poultry and live stock for the East India ships. On the evening before I went away, he desired me likewise to send him an account of all the ships of war that came into port, or sailed from Spithead. I was to let him know what ships sailed with convoys, and what arrived. When I seemed surprised at that, he hinted to me, that he did not send off any advices without shewing them to the ministry.

How came he to hint that to you?— Because I thought it was astonishing that he should send me there to do such a thing as that: another reason might be, that I had known, or heard, before, such things were done; that people had been in custody; and I heard of one man in particular, that had done it, that was an acquaintance of both of us, a Mr. Wardlow. [Qu. Waltroud. See the preceding Case. vol. XXI.]

Did you set out for Portsmouth?— I did.

What did you do with respect to these commissions he gave you?— I wrote him different letters, acquainting him of some ships that arrived, and some that sailed.

Do you recollect any particular ships you sent him an account of any thing that passed upon the subject?— The first thing in particular was about the sailing of admiral Rodney’s fleet: he in different letters desired me to send him an account of it.

Did you do so?— I did not. Just before that, I received a letter from him that gave me some uneasiness, and I resolved not to send him any particular account. He was very urgent for me to send him the particulars of the fleet of admiral Rodney. I resolved to make some excuse for not sending it, and I did: I told him in two letters that I had advised him that the fleet had sailed, when indeed I had not sent him any such advice; and I alluded, in one of my letters, to a list I pretended to have sent him a day or two before. I had another letter from him, desiring a captain Bowles to take a list of admiral Rodney’s ships, and to sail with it. Captain Bowles came to me, with an introductory letter from the prisoner to me, desiring that captain Bowles would take a list of that; and he enclosed a letter to me in captain Bowles’s letter.

Were you to furnish captain Bowles with intelligence, by desire of the prisoner?— Yes, for captain Bowles to take a list in his own hand-writing. Captain Bowles was to sail to Boulogne, or some port in France, to load wine, to run on board the East India ships.

Was Bowles to take that list with him to Boulogne?— He did not say he was to take it to France; but I have no doubt that was the intention of it.

How long did you continue this intercourse with the prisoner, by letter, from Portsmouth?— I went up to London immediately after this, and captain Bowles went with me.

What communication had you with the prisoner in London?— A good deal at times. Captain Bowles and I were at his lodgings at several different times, and captain Bowles then went down to Gosport again; and he was from Gosport to go with his ship either to Chichester, or to some other port upon the coast.

Was that said in the presence of the prisoner?— It was.

And what was to be done there?— The prisoner was to meet him there, and to give him his dispatches about his business.

Did you say any thing to the prisoner afterwards, at Gosport or Portsmouth?— Yes. The first time he came, captain Bowles was returning.

Do you know what time that was?— The particular date I am not certain of, but the queen’s birth-day was one of the days he was there.

What passed between him and you there?— He asked me many particulars about the ships that were expected, and told me a great many things relative both to the East and West India fleets; and he asked a great many things of me concerning them: that was the East India fleet that was to sail shortly under sir Richard Bickerton.

Who was with him during his stay at Gosport?— His wife and captain Bowles.

Did you see any thing of any packet of the prisoner’s writing while you was at the Crown-inn?— Yes; but that was when he came the second time.

What was that day?— The general fast-day. I know it was.

He came again, then, on the fast-day?— He did.

Who was with him?— His wife.

What did you see him do?— I saw both him and his wife writing letters at the Crown-inn. I think, either upon the Sunday or the Saturday after this, I think it was the Sunday after this evening captain James was there: he said to captain James he might as well return that letter, as he was to change it. I understood he wanted a letter back which he had given him. Captain James said, You may as well take them all; and gave them to him. He either wanted some letter back, or to put in another; he either took out one, and put another in its place, or put in one altogether. Captain James took out the packet; I think there was more than one or two letters in it; and Mr. Tyrie put them all into one packet; he put an address upon the back, and put a wafer and seal upon it.

Do you think you should know that package again, if you saw it?— Yes.

Look at this cover, and say whether you believe that to be the same you saw Mr. Tyrie direct?— I do not think this was it; it was folded up in another way, I think, and the wafer put in another manner. I don’t recollect having ever seen this before.

Did you see any of the contents of that cover that was made up by the prisoner?— I do not know that I did.

What money did you receive from Tyrie, during the time he employed you?— I received at different times, upwards of 30l.

During what space of time did you receive that?— The first time I went, I got six guineas; the next was when we were at Gosport; at that time he gave me nine guineas.

Court. What did you receive this money for?— A. To pay my expences.

Court. For what?— A. To maintain myself.

Did you do any thing else for him but send him intelligence?— Other things, but nothing in particular: there were a great many other things I was to have done. He bought two hogsheads of wine of captain James; and this I was to bottle off and sell; but I had not a proper cellar to put it in. There was a cargo of wine that was seized at the Custom-house, belonging to captain Bowles, that I was to have had the charge of. I was several times at the Custom-house about that.

Court. There was nothing else done by you, but sending him these lists, and going to the Custom-house, that you were paid this 30l. for.

Cross-examined by Mr. Watson.

You were employed in this to get money?—I was to have several other engagements.

Did not the prisoner open to you, that his intention was to get money, and to deceive the persons who wished to employ you both? Did he not say the intention was, not to give any effectual intelligence whatever?—He did not say that. When I expressed a surprise at such a thing as that, he said, he did not send any advice off without shewing it to the ministry. I asked him, why the ministry could not get the advice from them themselves? In reply to that he said, he must first shew them what he could do.

You say, you think this cover was not the cover of the packet?— I think not. I think what I wrote upon and signed is the same as that. I don’t recollect there being any such thing as Dunnose upon it.

Mr. Morris. Was there any thing else written upon it, that you now see upon it?— A. It was, “For captain James, to be opened when at sea;” and it was a pretty large packet. I do not think that was it; it was wrote in a different hand-writing; it was wrote smaller.

The End of the Evidence for the Crown.

PRISONER’S DEFENCE.

Mr. Watson. May it please your lordship, and you gentlemen of the jury, I stand before you in a very painful situation, having the evidence and the arguments that you have heard to answer, and having had a very short time indeed to prepare myself, from these voluminous materials upon the subject. I perfectly agree with the learned gentleman who opened this prosecution, that the offence charged against the prisoner at the bar is of a very heinous nature. I confess with him, that, though it is an offence not so great in point of immorality perhaps as some others are, yet, considered as an attack upon the principles of civil society, and as having a necessary tendency to dissolve the ties which unite and link mankind together, it is an offence of a very grievous kind. But, gentlemen, according to the degree of the offence charged, so should you proportion in your minds, and in your investigation of the subject, the weight, the distinctness, and the clearness of the evidence by which the charge is supported. I acknowledge with the learned gentleman, that a chain of circumstances united together, necessarily depending on each other, and not broken in upon nor destroyed by contradictions, must afford stronger evidence to convince the human mind, than the positive testimony of any witnesses to any particular facts.

As the learned gentlemen who conducted the prosecution, have therefore taken this line in the evidence produced before you by them, and have endeavoured to support the charges laid in the indictment, and to induce you to give a verdict finding the prisoner guilty, by circumstantial evidence, it becomes my duty to examine, how the circumstances relied upon are connected together, what breaks there are in the links of the chain of evidence which they have endeavoured to lay before you, and what the nature and effect of that testimony is, which has been produced at your bar, with a view to explain the various papers that have been read, or to connect them with circumstances which have been relied on, as tending at least to criminate the prisoner. They have in the first place called to you a Mrs. Maria Hervey, who gives a pretty extraordinary account of herself, and her being confidentially intrusted with a packet of papers, of which much use has been made. But consider with whom it is that she pretends to have formed her connection: not with the prisoner, nor with any person whose supposed criminality appears imputable in the smallest degree to the prisoner, on any subject that is (as I hope I shall convince you) brought home to him. If I do convince you, gentlemen, of that fact, then you will agree with me that her testimony goes just for nothing in the business. She did, it must be owned, introduce the name of the prisoner, in the conversation which she related to have passed between her and the woman, (a Mrs. Askew) who, as she declared, brought the packet to her; but she said positively and expressly, that Mrs. Askew did not tell her that the papers came from the prisoner at the bar; and, had it been otherwise, nothing that passed between them shall charge the prisoner. The next witness is called only to produce the papers he had received from her, and to say that they have not been altered. And I cannot deny, nor do I think it material to dispute with respect to some of them, that they are of the prisoner’s hand-writing; but with respect to others, Mr. Palmer and Mr. Vowell have proved that they are not. And this you will take along with you, that no papers could have been produced to affect the prisoner, in any way whatever, with the crime laid to his charge, unless shewn to have been either of his own hand-writing, or actually found in his custody, or else traced to have come from him, as his own voluntary deeds, he knowing them to be of a treasonable nature.

What is the nature of the papers that have been produced? The first is a list of the navy of Great Britain, and was doubtless written by the prisoner, who is so far from being criminal on that account, that he is justified by the daily practice of this country, which is neither censured nor controlled. Nay, the counsel for the crown have ventured to produce upon your table, a variety of lists of the British navy, printed and publicly sold in the booksellers’ shops of the kingdom. But they have attempted to stamp the list in question with criminality on another ground; and have called to you a witness to compare that list with the navy-office book. He says it is a paper bearing a title similar to those lists which are distinguished by the name of Navy Progresses, and returned weekly. He says it is a paper that contains the names of such ships, with immaterial differences, as this book contains at the date referred to; but it is not a copy of the book from the navy-office. The observations annexed to it, as you will find by comparing them together, are different. It is not therefore a copy which can bear this argument, that being manifestly obtained from the offices of government, and not to be had elsewhere, it must have been obtained for improper purposes; but nothing of the kind appears before you. This is simply a list of the navy of Great Britain; and the prisoner’s having that in his possession, or even writing it, and suffering it to get into other hands, can surely have been no crime. But it was found in a packet which bore internal marks, say the prosecutors, of a treasonable correspondence. If it were so, they have not brought the slightest knowledge of that packet home to him; and even if they had, I trust you will easily perceive, that still no sufficient ground would have been laid, to charge him with a traitorous intent, and much less to convict him of an overt act of treason; for you will be so good as to recollect what the other papers of his writing are, namely, rough draughts, and memorandums, and names of ships, and observations; all which have been produced, and come entirely under the remarks which I have already made to you; which remarks apply to all similar papers; for instance: a list of the ships at Spithead; a list of the ships in Portsmouth-harbour; a list of the ships in any other harbour of this kingdom; a list of the ships upon any foreign station, and the like. I beseech you, gentlemen, to consider, whether for any subject of this kingdom to have these in his possession, is a crime to be branded with the name of treason, or respecting which you are to be told, that this is destroying the band of society, and one of the most grievous offences that can be committed against its peace and quiet. Most assuredly, gentlemen, it is not. If there are any other of these papers, produced to you out of Mrs. Hervey’s bundle, which I have forgot to enumerate, I need only here add, that the general remark which I made to you, in speaking of the list of ships, is an answer to them all. This one general remark applies to them, that they have never been traced to the prisoner; and I hope you will say, it has not been proved to your satisfaction, that they have been traced from the prisoner to the witness Mrs. Hervey, or to those who have kept them since. Nothing like evidence has appeared, that they were ever once in his possession, in the form in which they are produced to you; and yet it is by giving them a peculiar form and arrangement, and as a conclusion from the whole packet taken together, that the gentlemen pretend to say there is any crime in having possession of papers of this tendency and this nature. But they have totally fallen short in their endeavours to prove that my client ever had such a possession of them, and to have the packet in question from his hands. Therefore this overt act is not proved.

Their next effort is, to convict the prisoner of the traitorous correspondence charged in the indictment, from the contents of a packet given up by William James, who was engaged by the prisoner upon a smuggling scheme for wine, teas, brandy, and other commodities from France. It is not necessary for me, nor does it become me, to enter into a defence before you of smuggling transactions, or of any others of that nature; but it is very extraordinary that the gentlemen attempt to make a case, by means of the evidence by this man and his accomplices, to convict the prisoner; in which case if they succeed, as it appears to me, you will be led to say upon your oaths, by your verdict of guilty, that a smuggling trade to and from France is evidence, upon the face of it, of a treasonable correspondence with the king’s enemies rending in France. What does James’s evidence amount to? He says, it was a bargain for 15l. to go to France for wines, and that the prisoner gave him signals; respecting which signals a great deal has been said, and to which a great many observations have been pointed. But what comes out upon the evidence of James? The signals were such as were to introduce him to the purpose for which he went; the signals were such, as persons there accustomed to traffic with English smugglers well knew, and were to call out the traders of that country to carry on this traffic with him. He asked of the prisoner, according to his story, whether he could go on shore, and was told in answer, that probably he might, under restrictions, and under peculiar circumstances; but no sailor belonging to the cutter was at any rate to go on shore; nothing was to be permitted that could introduce a correspondence between the crew of his vessel, and the people on the coast of France, nothing that might be turned to the disadvantage of this country, in any way whatever. The signals that were given him, were, not what we had reason to fear, when this prosecution was first opened; not the signals of the fleet of Great Britain, by the communication of which, the enemy might learn how to deceive and entrap our fleets and squadrons: they were not the signals of the East or West-India convoy; but merely signals to be made use of by this smuggler, when he came upon the coast of France, in order to call out the people who were desirous to sell their wares to him, to inform them that he was there ready to receive them; and, lest he should not find a market that would pay for the expence of the duties to the crown, upon his return to England, he was as well possessed, I dare say, of signals to give the people notice to come off to him, and receive his cargo upon our coast. This is all I can make out of the agreement between James and the prisoner.

Then, gentlemen, a packet of letters and some other papers is produced to you, which, James says, was intrusted to his care by the prisoner. Let us consider, for a moment, of what does that packet consist. It was directed, on the outside cover, to captain James, for the purpose that he might take care of the whole contents together. It was intrusted to him; and he was to open it at a certain place, I think, off Dunnose; and opening it, what was he to find? Instructions for his own conduct, which afford no ground, even of suspicion. An order addressed to Monsieur Lisle for certain quantities of the best claret, and of some other wines, with which he was to traffic back to this country. He had farther instructions contained in this packet, that Mr. Lisle was to draw upon Mr. Brodelet for the price; and a letter of credit for 50l. was also given to the captain himself if he should want to take on board his vessel a greater freight than that which composed the order for the prisoner. James was to have this credit for any thing he might think worth his while to purchase. It was not, as might strike you, gentlemen, at the first moment, fifty pounds given to James as a bribe to keep him quiet and secret, or to engage and secure his assistance in the business of a treasonable correspondence: he would not venture to swear that; and the evidence, upon the face of the transaction itself, strongly proves the contrary. It was a letter of credit merely on the score of this illicit traffic; a traffic, I confess, to be blamed and censured, but not a traffic upon which you are to determine that the prisoner has been guilty of high-treason. These orders however (or wine were given, it will be told you, upon different persons; and from hence an inference will be drawn hostile to the prisoner.— But why?— The reason was explained by James himself why the orders were so given, and was, that if he could not make one port, there were correspondents at another. The prisoner, it seems, carried on much of this illicit trade. What he wanted now,, was a particular quantity of claret, a particular quantity of tea, or a particular quantity of brandy. James was to get these with all expedition. This was the object for which the prisoner sent him upon that voyage, and therefore he was to pursue the purposes for which he was sent. The counsel for the crown have attempted, it is true, by another letter contained in this packet, not in the hand-writing of the prisoner at the bar, to persuade you to believe that the smuggling was merely by way of colour for concealment of the treasonable correspondence. And then, as to this letter not being of his writing, they say, that, being found in company with his hand-writing, it is fair to make use of it as evidence to you, whereby to convince you of the prisoner’s guilt.

Now, gentlemen, let us see for a moment, whether it is so or not. I am ready to confess to you, that under all the circumstances with which the papers were produced to you. It was competent for the counsel for the crown to give that letter in evidence; but vast suspicions hang upon it: and as for other circumstances in the case, so far that peculiarly you are to weigh well in your own minds the credit that is due to the two witnesses James and Harrison, one of whom has confessed explicitly, the other of whom has not ventured to deny, that one great object which they had in pursuing this matter with seal, was to get the reward they expected; Harrison saying it will be a job worth an hundred guineas. And it has been admitted by this witness himself, that upon his first return from London, he said to James, You must go and make the business as black as you can against Tyrie. The inference is left for you, gentlemen, but it is an inference you cannot avoid drawing. It was in order that, by his conviction, they might reap that reward which they were seeking. Besides which you will recollect, that I asked the witness James concerning a conversation with a person of the name of Ramsey, upon the subject, after his having given information upon oath at the Justices’ office in Bow-street. The fact is, he had a conversation with Mr. Ramsey; and in that conversation, as I am instructed, Ramsey will prove to you, though James had the hardiness himself in a degree to deny it, he told him that he had sworn at the public office in Bow-street what he knew nothing about; that he had been carried there by Harrison; that he had sworn he did not know what; he had sworn to facts, of the truth of which he had no knowledge himself; but it was what Harrison bid him say. This, gentlemen, I shall prove to you by Mr. Ramsey. And another circumstance you will remember is, that Harrison’s rancour is demonstrated, as well as his eagerness to obtain a large reward for the conviction of the prisoner.

Under these circumstances, if you are not told by his lordship that the fact of the prisoner’s delivering the packet to James has not been proved by two witnesses, and that all the contents of the cover which has come from James’s hand, are to be laid entirely out of the case, and ought to make no part of the evidence which, in deciding upon the prisoner’s innocence or guilt, you are to consider as the ground of your acquitting him, or finding him guilty; you will at least reflect that these papers come under your investigation with singular marks of suspicion. One of the witnesses to the overt act of sending this packet by James, whose name is Mailstone, appears in the light of an accomplice; and besides he gives reasons for believing that the packet produced is not the one he saw: and you are well aware, gentlemen, that it is not the question for you to try simply, whether you consider that the prisoner at the bar deserves well of the community or ill. The opinion you ought to form of his character and connections, is not the point for you to determine and decide in the verdict you are to give: you are not to convict him of treason because he has been so wicked as to be connected with such men as the last witness called, Mailstone; with, such men as James and Harrison, or with others of whom we have heard. What the history of his life has been, or what his conduct has been, ought for a moment to be forgotten by you, or rather to be remembered with this note, that it is not upon these you are now to decide.

The learned gentleman who opened the case to you, told you well and properly, who the prisoner is, or what the prisoner is, or what have been his connections in life, are not matters for your consideration. Admit that he has pursued that loose and vagabond habit of life which leads men to defraud the revenues of their country, and to smuggle the produce of a foreign clime, even of an enemy’s country, into his own; this is not a reason why you should find him guilty of the heinous offence of high treason. You are then to consider, gentlemen, the whole of the evidence which has been offered, and which will be stated to you with such observations from his lordship on the bench, as I am sure must do ample justice to the innocence of the prisoner, with respect to the charge now laid against him, notwithstanding any circumstance of criminality as a smuggler or otherwise. I am satisfied, that in the observations which will be made to you from the bench, where his lordship will aid me by being also counsel for the prisoner at the bar, as far as, according to the truth and justice of the case, he ought to be counsel for him, his lordship will tell you upon what points you are to lay the stress of your examination into the whole subject matter of the evidence that has been thus brought before you, so as to draw a proper conclusion from it; and will convince you that it is by no means a chain of evidence unbroken: by no means a body of circumstances which carry such conviction in the face of them, as is stronger than the positive testimony of ten thousand witnesses.

Such the circumstances were which the learned gentleman opened to you; but such are not the circumstances, in my opinion, which have been proved to you; such, I trust, you will find the circumstances have not been, when you come to weigh and consider and reconsider the evidence amongst yourselves, after having heard the whole testimony in detail laid before you by his lordship, with the observations which he is to make upon it. And if you do not, upon the whole body of this case, find that the circumstances are such as to convict the prisoner of high treason, then you will not find him guilty, whatever may be your opinion of his other offences; whatever may be your opinion of his conduct in this contraband traffic with an enemy’s country; which was highly censurable in every possible way: for, although the trade of smuggling thus carried on is doubly wrong, yet, let it be wrong in a degree as high as it may, this is not the crime of high treason. The illicit trade of smuggling is the crime that is proved against the prisoner. High treason, in compassing the death of the king, and adhering to his enemies, is the crime charged against him. But, gentlemen of the jury, the crime charged is what you must find by your verdict, in agreeing to find him guilty. If there-fore you do not feel yourselves convinced, beyond a doubt, by what you have heard, or if the witness I shall call to contradict and to destroy the weight of the testimony of James, shall, by the fairness and consistency of his tale create a doubt in your minds which does not already exist, then I will venture to assure you, that in such a doubtful case you ought to acquit. And I will only add, that if you should not be perfectly convinced of the prisoner’s innocence, doubts of his guilt ought to have the same operation in determining your verdict, as proof of his innocence. If, therefore, you do entertain doubts, I am warranted in saying, under such circumstances, find the prisoner guilty, if in common honesty and common sense you can, if in conscience, and by the oath you have taken, you dare.

EVIDENCE FOR THE PRISONER.

Edward Ramsey sworn.

Examined by Mr. Watson.

Have you had any conversation with Wm. James, the witness who was called just now, since the prisoner at the bar has been in custody, respecting him?— Yes.

(William James called into Court.)

Q. to Ramsey. Have you had any conversation with this man, respecting the prisoner, since his being in custody?— Yes.

Where was it? In Tothill-fields Bridewell. Mr. James asked me if I would take a walk to Tothill-fields Bridewell.

Did you know James before?— Yes. Accordingly I went with him. Mrs. Tyrie, Mr. Tyrie’s wife, was there present, drinking a glass of wine. She abused James terribly: she was in a terrible passion.

What did he say?— He said he knew nothing about it: it was not his fault that brought her there. Then she seemed to be moderate, and did not scold so much.

Relate exactly what James said.— He said he knew nothing of it; that it was not his fault that she was brought there.

What was the conversation about, when he said he knew nothing about it?— With regard to her being taken up. He said, Mr. Harrison had told him several times to paint the thing as black as he could. He was speaking to Mrs. Tyrie, but I was present. Mr. Mailstone was present at the time. When we were examining at the office, in Bow-street, Mr. James said he was sworn then, but he did not know what he was sworn to: being deaf, I presume he meant, but he did not mention that; I understood so.

Court to James. Have you heard what this witness has said?— Yes.

Court. What account do you give of it?— A. I went to see Mr. Mailstone there. Mrs. Tyrie came into the room, and began to talk to me very loudly; and said, she must thank me for being there. I said, I did not know I had done her any harm. I paid but little regard to it, as it was a woman’s talk. At last, she said, Did I not hear what you said, when you was examined at the office? I replied, I don’t know what you have heard, not what I said; but I said no more than the truth—That was in answer to a woman’s talk—I said I don’t know what I said, or what I did; but I said no more than the truth.

The End of the Evidence for the Prisoner.

Mr. Justice Heath summed up the evidence to the Jury, who almost immediately pronounced the prisoner Guilty.

After the Jury had given in their verdict, upon the Clerk of Arraigns putting to the prisoner the usual question, “What have you to say why judgment of death should not be passed upon you?” he replied, It is in vain for me to say any thing — poverty has been the cause of my conviction; because I had not the means to bring my witnesses here. However, I have a hope beyond the grave, and despise every thing that has been done to me.

SENTENCE.

Mr. Justice Heath.

‘You, David Tyrie, are to be led from hence to the place from whence you came; and from thence you are to be drawn, upon a hurdle, to the place of execution; and there you are to be hanged by the neck; and, being alive, to be cut down, and your privy members to be cut off, and your bowels to be taken out of your belly, and there burnt, you being alive: and your head to be cut off and your body to be divided into four quarters; and that your head and quarters be disposed of where his majesty shall think fit.’

The following Letter, in Tyrie’s hand-writing was found upon the person to whom it is addressed, who was apprehended for altering Bank-notes.

(Copy.)

“My dearest Sir; The things are ready, not in. To-morrow evening I hope to make my push.—If I fail in this, what you propose is certainly a safe and practicable mode; but, good God! you amaze me so much, that I scarcely know what to think. I really doubted if there was such a man as you living.— Our acquaintance is but short and casual. How then, that am but a stranger to you, can I expect you will run such a hazard for me? There are people in London who owe their fortunes to me, but have not once looked near me. God send I was out! I think I would convince you I was worth serving. Except yourself, I believe few men have more resolution. I have but few words; but, once in action, neck or nothing! Depend on it, if nothing unforeseen happens, dead or alive, I’ll be delivered to-morrow night: it may be a night later before the tools come in, but not more. If I am detected, and you think you can accomplish a rescue in the journey to Winchester, the attempt will be safe, easy, and certain: but the most difficult thing will be to find out when I am to be removed. I am in great confidence with the turnkeys; they say there is no talk of going; they are certain it won’t be this week, and promise to give me notice the day before.— This cannot be depended on; but I will tell you how I think it might be reduced to a certainty.—When I am removed, it will be either in the Winchester stage, or a post-chaise; and, in either case, I will go out of the gaol about five o’clock in the morning, or rather half an hour sooner. Suppose then a person was to wait about the Old Bailey and Newgate-street every morning, from about half after three till about six o’clock: let him first come into the gaol, and see my face and person. If I am removed suddenly, he can then come and give you notice; first following to see whether I go by the stage, or in a chaise: if in a chaise, I’ll go from the door; if by the stage, I’ll go to the inn.—You can enquire where the Winchester stage inns. Bill Lee, and another creature like himself, are all that goes with me, at least so I am told; and them it is only who go with the prisoners removed at assize time. Knowing my time and mode of conveyance, all that’s wanted would be three or four men disguised with smock or waggoner’s frocks, and well mounted, as if smugglers; they might have crapes for the face. Nothing should be attempted this side Hounslow; but immediately on the other side of it, or not again till you come to Bagshot-Heath, just about the 23 mile stone. A horse or a chaise ought to be ready; I would prefer the former; and a frock also to disguise me after I got away.—There are a great many ways which we could double from both of these places.—And, however ridiculous you may think it, plenty of snuff should be provided, to throw in their eyes:—you should also get a punch and an iron, for knocking off the bazils from my legs. We will reach Hounslow about seven o’clock in the morning, and Bagshot-heath about eleven; each about an hour and a half sooner, if in a chaise. If all the parties were ready, a watch would do just as well at Hyde-Park-corner turnpike as at Newgate; only whoever does it must first know my person. Now, suppose I was to get notice about six, seven, or eight o’clock on the evening before I am removed; how could I contrive to let you know? I wish you and Jack would settle some place about this; I could get a person perhaps to go a mile or two, but not further; and it would be imprudent to trust every one with where you live. Turn all this in your mind, my dear friend, as the dernier, in case my first should be frustrated.

If you can get men who know the road, they may know a better place nearer London. I doubt you will find it difficult to get the men.—You must tell them it is to rescue a person about smuggling. Adieu! God bless you!

I’ll expect to hear from you to-morrow.—Your ever faithful and obliged friend.”

“Wednesday morning.
Mr. John Graham.”

Unsurprisingly, there was considerable interest in the story north of the border, as a reasonably comprehensive report of the trial from The Scots Magazine suggests.

The Trial of David Tyrie, August 1782

In The Scots Magazine, August 1782.

Trial of David Tyrie for High Treason. The court was uncommonly crowded by ten in the morning. Mr Justice Heath, the judge, came down about twelve. A motion was made to put off the trial, on an affidavit the prisoner, that four of his witnesses were not ready; but the court rejected the motion, thinking he had sufficient time to be prepared, as he had been taken in February last.

Counsel for the crown, Mr Morris, Mr Grose, Mr Batt.

For the prisoner, Mr Watson.

The prisoner’s counsel peremptorily challenged thirty-five of the jurors, and the counsel for the crown three, after which twelve were sworn.

The indictment was laid for giving intelligence to the enemy of the fitting, sailing, and destination of his Majesty’s ships and fleet, and for hiring William James to convey the said information to the French King and his subjects.

Evidence the Crown.

Maria Hervey, who keeps a school in Carrick’s Row, Scotland Yard, was first sworn. On Wednesday, the 13th of February, a Mrs Askew, who passed herself for Tyrie’s wife, came to her much flurried, and gave her a bundle of papers; Mrs Askew’s sister had sent two children to her school; she had but little acquaintance with Mrs Askew, haying only seen her four or five times before at a Mrs Smith’s. The manner of giving her the papers created a suspicion in her; Mrs Askew said she had travelled 500 miles night and day; and desired her not to shew them to any person. Mrs Hervey, after her visitor was gone, inspected the papers, and carried them the same day to Mr Jonathan Page, of Westminster.

Mr Page examined them, and returned them to Mrs Hervey, saying, that next morning he would consider what was to be done. Early next morning he went with a constable to the house, took the papers, and left the constable to seize any person who should come for them. He then sent them to Mr Jenkinson, Secretary at War, and afterwards carried them to Mr Stephens at the Admiralty, and from thence to the Secretary of State’s office. The papers were fifty in number, and he marked them, that he might know them again.

Mr John Vowell, stationer, swore, that the first eight papers, intitled, Progress of the Navy, appeared to be the prisoner’s hand-writing.

Mr. John Palmer believed the same.

Mr Thomas Flint, of the navy-office, swore papers appeared to be an exact copy from a book in the navy-office.

Several of the other papers were read, respecting the ships at the different dockyards and the merchants yards, of ships at Spithead, and going to Mahon or Africa; they were dated January 4th, 8th, and 24th, and addressed to Mr Bonnier at Boulogne, to Mr Brodelet at Paris, to M. de Neve, for M. Dominique Le Moine, at Ostend. Also directions where the different intelligence was to be had; the travelling-expences to Chatham, Sheerness, Portsmouth, Plymouth, and Harwich, 1s. 1d. a-mile; five guineas a-month, for each place, would procure all information wanted from Portsmouth and Plymouth; Chatham and Sheerness both together five guineas; Harwich two or three guineas; all extra expences be paid besides; a packet to be sent from each twice a-week, and in matters of great importance an express. The victualling-office would cost three or four guineas a-month; the navy-office was very necessary, and would be seven guineas and a half a-month.

All the papers produced on the trial were proved to be the prisoner’s handwriting, by Mr John Vowell, and Mr John Palmer.

William James sworn. Formerly lived at Lyme, but in February last at Portsmouth and Gosport, and had a brother there; knew the prisoner at Gosport; one Capt. Bowles said, Mr. Tyrie had employed him to go to Ostend. Mr. Tyrie met him at Gosport, and told him Bowles had lost his vessel coming out of Boulogne; that he wanted to supply some East-India ships with wine; and asked if he would go and bring a vessel from Boulogne; he would give him 15l. to bring the wine, and 50l. credit, if he chose to purchase any thing on his own account. That a vessel from Stevens at the Point would carry him there; Stevens on being asked was indifferent about going. The wind was then too short for Boulogne; on which Mr Tyrie said, Cherbourg would do as well. James said, he never could buy wine there; Tyrie replied, his correspondent would supply him; that he would give him a paper of signals to prevent his being detained; and that he might go ashore, but none of his people. James waited on him again at the Crown inn between nine and ten at night, where he received packet from Tyrie, and after that a paper of signals. All this happened on Sunday, February 17. Mr Mayelstone and a woman that passed for Mr Tyrie’s wife were present. Tyrie, after giving him the packet of letters, set out with his wife, as he said, for London. The papers he received from Tyrie he carried to London, and gave to Mr Chamberlayne at the office in Bow street. He had taken the packet first to Capt. William Harrison of Gosport; who, whilst they were in Capt. Stanfield’s house, talked of making 100l. of them. That Capt. Harrison, when they were going to the office, said, he must make the affair black as could against Tyrie; but he answered, would not make it blacker than the truth.

Capt. William Harrison sworn; only knew James since this affair had happened; James did not shew him the packet until he pressed him to do it; he got the packet, opened it, and hastened to London, and delivered it to Mr Fraser, Lord Stormont’s secretary; he set off Feb. 19. and arrived in London the 20th.

William Fraser, Esq. deposed to receiving the papers from Mr Harrison, and marking them. The papers were read, and contained orders for wine, and to supply James with 50l. The letter directed to Brodelet was to be sent to the marine minister at Paris. All the papers were dated February 9. and 10. and contained various navy intelligence.

Mr. John Frodsham, clerk to the Bow-street magistrates, and Moses Morant, a Bow-street constable, deposed to searching Tyrie’s great coat in the round-house, where he was kept all the night after he was apprehended; there were three printed lists of the navy in it; and to searching his lodgings, where a list of stores, of the ships at Woolwich, the state of the national debt, a list of ships, and the ships in commission Portsmouth, were found.

James Mayelstone sworn. He and Tyrie had served an apprenticeship next door to each other at Leith in Scotland. Tyrie in November last, said he had got employment for him, to buy live stock for the East-India ships at Portsmouth; and the evening before he set out, Tyrie desired him to send him an account of all ships of war that came in or went out, what convoys sailed and arrived. Mayelstone expressing surprise, Tyrie said, he did not send off any advices without shewing them to the ministry. Tyrie, it supposed, said this to take off Mayelstone’s suspicion, as both of them knew a Mr Wardlow who had done such business. This man was mentioned on De la Motte’s trial. Mayelstone wrote him of some ships that arrived and sailed; but in regard to Adm. Rodney’s fleet, he pretended he had written to him, but had not. He had received from Tyrie in all upwards of thirty guineas; and did some customhouse business for him about a cargo wine seized belonging to Capt. Bowles. He was present when Tyrie gave James a packet of letters.

Mr Watson, counsel for the prisoner, made a very ingenious speech in his behalf; and concluded with saying to the jury, that if they should not be perfectly convinced of the prisoner’s innocency, yet if they entertained doubts, these doubts ought to have the same weight in determining their verdict, as proofs of his innocence. If, therefore, they found their minds in such circumstances, if they entertained doubts, he charged them to find the prisoner guilty, if in common honesty and common sense they could, or if in conscience, and by the oath they taken, they dared.

He then produced Edward Ramsay to controvert the evidence of James.

Ramsay said, that Mr James asked him to go to Tothill-fields Bridewell; Mrs Tyrie was there drinking a glass of wine, and abused James terribly; that Mayelstone was present, and James said to her, that Mr Harrison had told him to make the affair as black as he could; that he had been sworn at Bow-street, but he did not know what he was sworn to. Ramsay said, he imagined James meant his being deaf, but he did not mention that.

James was then asked what account he could give of this. He answered, he told Mrs Tyrie he did not know what she had heard, nor what he said, but had said no more than the truth.

The judge then summed up the evidence, and in a minute or two the jury gave in their verdict,—Guilty.

On the verdict being delivered, the clerk of arraigns asked the prisoner what he had to say why judgement of death should not pass upon him? Tyrie replied, “It is vain for me to say any thing; poverty has caused my conviction; I had not the means to bring my witnesses; however, I have a hope beyond the grave, and despise all that has been done to me.”

The judge, with that humanity which marks his character on all occasions, adjured the prisoner to prepare for that fate which the injured laws of his country doomed him to suffer. He then pronounced the dreadful sentence, “That you David Tyrie are to be led to gaol, and from thence are to be drawn upon hurdle to the place of execution, and there hanged by the neck; and being alive, are cut down, and your bowels taken out and burned, and your head to be cut off, and your body divided into four quarters; your head and quarters to be disposed of as his Majesty shall think fit.”

A letter from David Tyrie to John Graham, taken up for altering bank notes, was found on Graham when he was apprehended. This letter was written from Newgate; and it appears from it that Graham had proposed a plan for rescuing Tyrie, when carrying to Winchester for trial.

The prisoner heard his dreadful and the pathetic exordium, undaunted, and without any apparent emotion. He appeared to be a most artful, indefatigable, and enterprising man. During the trial, he wrote a great number of notes to his counsel, containing questions which he wished to have put to the witnesses, and was astonishingly collected in his mind.

The trial did not conclude till near eight in the evening.

Tyrie was ordered for execution on Saturday the 24th. On the evening of Saturday the 17th, he and the rest of the felons in Winchester gaol had nearly effected their escape; they had almost worked through the brick-work, which was three feet thick, and covered the breach with a plank, artfully coloured like the wall, which had been lately white washed. The keeper’s suspicion had been roused by Tyrie inquiring the thickness of the wall. This occasioned a search, and the plot was discovered. Graham, when he visited Tyrie in prison, had given him half a guinea, which seems was laid out purchasing implements to work with. On Monday the 19th, John Deadman was committed Bridewell for furnishing the tools, and George Maynard, a debtor, for procuring them to be purchased.

Tyrie in his person is rather under the middle size, pretty well made, fair hair, and florid complexion; on the whole his aspect rather pleasing; though the discerning part of the citizens, to whom he occasionally applied, chose to avoid any connexion with him, as there certainly is in his countenance a kind of sneering insidious smile, that is far from being of an attractive nature. Tyrie is certainly a fellow of some parts, which were always most discernible in money projects. On the recoinage of the gold, Lord North occasionally consulted him; at least upon the proper methods of drawing the money from the country to London. His age is about thirty six or thirty-seven years. As to his employments, they were as various as those of any adventurer whatsoever. He was many years a clerk to Mr Vowell, stationer in Watling-street, where he so far insinuated himself into the favour of his master, as to be consulted on every occasion as a friend, and treated as such. Having laid the plan of a large distillery, in which he himself had a share, he left Mr Vowell. He afterwards became bankrupt. It is supposed that his integrity had been equal to his abilities, he might have had very good in business. Amongst his various professions was that of a lottery-office keeper. He at one time set up for a member of parliament, by standing candidate for the borough of Hindon. He was also frequently employed by the borough-hunters, and other electioneering schemes, in which generally contrived to cheat both parties.

It is given out, that his accomplices are discovered, and that a certain American, who lately took a trip over to Paris, has been the principal planner and conductor of the schemes for giving intelligence to the enemy, and who got his neck out of the halter, by suffering La Motte, Tyrie, and others, to be apprehended and executed, when he himself was the greater culprit. By some means or other, these traitors not only got at the Admiralty orders, but they informed the French court of the force and destination of our fleets long before they were equipped.

…

On sentence being passed, one report of the trial published several years later suggested Tyrie put his conviction down to his being unable to call his own witnesses.

Tyrie’s lament, 1790

George Frederick Raymond, *A new, universal, and impartial history of England, from the earliest authentic records, and most genuine historical evidence, to the end of the present year, 1790, Book XVI. p.596.

On the tenth of August one David Tyrie was indicted at the assizes held at Winchester for traiterously corresponding with his majesty’s enemies. After taking the depositions of the several evidences, and reading a variety of papers in court, tending to criminate the culprit; when the clerk of arraigns put the usual question, he made this very extraordinary reply, “It is in vain for me to say any thing. Poverty has been the cause of my conviction, because I had not the means to bring my witnesses here. However, I have a hope beyond the grave, and despise every thing that has been done to me.” The judge then pronounced sentence of death, and he was accordingly executed, as usual in cases of high treason.

Following reports of Tyrie’s attempted escape, an investigation was held into who else might have been involved.

In consequence of the attempted prison break, August 1782

In Hampshire Chronicle, Monday 26 August 1782.

WINCHESTER, Saturday, August 24.

In consequence of the attempt lately made by the felons in our county gaol to break out of prison, and to release Tyrie, as mentioned particularly in our last week’s paper, a meeting was held the White-Hart-Inn in this city on Monday last, by several of the county Justices, in order to discover the aiders and abettors of the above business. John Fulker, who was condemned at our last assizes, and since reprieved, related that about six weeks ago Tyrie applied to him and Fox, another malefactor, to desire they would assist him in procuring tools to break out of prison, and that for their secresy and diligence in the business he would take them to France, and settle one hundred pounds per annum on them. Tyrie had previously engaged with Captain Maynard, a prisoner for debt, who some ago kept the Vine Inn, at Cowes, to keep a constant look out at night, and to inform in case any watch was kept upon them, or any circumstance happening to impede their design for which service David Tyrie had promised pay Maynard’s debts, and extricate him from all his troubles. Deadman, who was confined at the last assizes for horse stealing, but reprieved, was also let into the secret, and was prevaled upon to send for his brother to purchase tools for them, for which he was to be greatly rewarded. On his arrival, he received half a guinea from Tyrie, and was desired to go to some neighbouring town to buy the tools, for fear of a discovery; but he went and purchased them in the town and put them up the sink-hole of the prison, from whence they were taken by Fulker and carried into the Dungeon.—Maynard furnished them with candle, and prevailed upon the Baker, J. Godwin, to procure two center bitts, for the of boring thro’ the plank, which Maynard gave to Tyrie, with a wig, and a pair of trowsers to go off in. It was also intended to procure a quantity of oil and spirits, in order to set fire to the prison at the time they were to leave it, which horrid business, if put in execution, must have been fatal to about twenty debtors, who were confined in a room over the Dungeon, and who must have been burnt alive, had not the plot thus been fortunately discovered.

Deadman’s brother was committed to take his trial at the next assizes; a detainer was also lodged against Maynard for the same purpose, and Godwin was bound over to appear at the same time — aiding and abetting convicts to make their escape, is punishable by law with transportation for seven years.

After Tyrie was tried, and under sentence of death, no communication could be had with him by the other conspirators, as he was locked in the condemned cell, and no one suffered be with him. Maynard, however, in order to have further consultations with him, pretended it was in his power to get some very important discoveries from Tyrie, provided Mr. White, keeper of the prison, would suffer him to be alone with him: and on Mr. White’s refusing to give him leave, Maynard wrote to the Secretary of State’s Office, to the same effect, and absolutely procured an order to have as much private conversation with Tyrie as he pleased.— The above discovery being made in the mean while, when the order came down it was not complied with, as the intention was obviously to forward their escape, instead of making discoveries of such importance to the nation.

This morning at four o’clock, David Tyrie was conveyed from hence in coach and six, under a strong guard, to Portsmouth, where he was executed pursuant to his sentence. His behaviour to the last, even when surrounded by the horrible apparatus of death, used in cases such as this, was undaunted and bold to an extreme.

Although at least one person had been indicted for assisting in the escape attempt, when their trial came round some months later, they would be acquitted.

Indicted for Aiding and Abetting an Escape Attempt, January 1783

In Hampshire Chronicle, Monday 20 January 1783.

George Maynard was indicted for aiding, abetting, and procuring instruments to enable Tyrie and others to break out of his Majesty’s gaol in this city, when, after a very long and full hearing, he was acquitted.

For the other men who had aided and abetted Tyrie in his escape attempt, as well as for their other offences, they would face transportation a couple of months later.

Conducted to London…, October, 1782

In Salisbury and Winchester Journal, Monday 28 October 1782.

WINCHESTER, October 26.

…

The five following convicts were conducted to London Thursday last, in order to be put on board the ship to be sent to the coast of Africa, viz. John Fox, John Fulker, Wlliam Dedman (sic), William Marshal, and Simon Waterman.

…To Be Shipped to Africa, October 1782

In Hampshire Chronicle, Monday 28 October 1782.

Thursday last, five convicts were sent to the port of London, to be shipped for Africa, viz. John Fulker, John Fox, William Deadman, Wm. Marshall, and Simon Waterman.

Fulker would illegally return early to Britain five years later.

Fulker returned from transportation before his time, April 1787

In Cumberland Pacquet, and Ware’s Whitehaven Advertiser, Wednesday 18 April 1787.

THE PUBLIC HUE-AND-CRY

From the Police.— Public-Office, Bow-street, April, 1787.

RETURNED from transportation before the end of his term, JOHN FULKER, by trade a chair maker and turner, a native of Kingsclere, in Hants; thirty two years old, five feet eight or nine inches high, light hair, pale complexion, grey eyes, has a small scar on his lip, (supposed to be his under lip) occasioned by a cut; stout made upwards, but not quite well made in his legs, walking somewhat weak in his knees.—Five Guineas Reward.

Meanwhile, Tyrie was requesting a meeting with Mr. Vowel.

Tyrie writes to Mr. Vowel, 1782

In Manchester Mercury, Tuesday 27 August 1782.

Tyrie has written to Mr. Vowel, the Gentleman with whom he lived as a Clerk in London, requesting to see him before his Execution. We understand that Mr. V. communicated this to one of the Ministry, who expects that this unfortunate Man may make Discoveries of other Parties concerned in his late treasonable Correspondence.

The Execution of David Tyrie

The site for the execution was to be Southsea Common, close the Naval Dockyard that we might think of as being the place closest to the crime. Or at least, the place where a lesson might best me made about what penalty you might expect for divulging intelligence of the Royal Navy to a hostile power. Tyrie was being held at Winchester, 30 miles or so away, and so it was that early on the morning of his execution, he was transported from the one, to the other, his departure witnessed by a large crowd assembled at the prison gates.

A crowd people of all ranks assembled, August 24, 1782

In The Scots Magazine, August 1782.

Winchester, Aug. 24. The crowd people of all ranks assembled by four o’clock this morning at the gates of the gaol, to see Tyrie set off for the place of execution, was very great. About five o’clock he was put into a coach with six horses, attended by the ordinary, under-sheriff, gaoler, &c. and conveyed to Portsmouth, where being delivered to the Mayor and police of the town, he was drawn on a sledge to the place of execution. After praying a little time, he was turned off, and hanged till almost dead; he was then cut down, his head severed from his body, his bowels taken out, and his heart shewed to the surrounding multitude, and then thrown into a fire made for that purpose; the body was then quartered and put into coffin. The concourse of people was immense, and beyond description, and such the singular conduct of many who were near the body, that happy was he who could procure a finger, or some vestige the criminal. Tyrie supported to the last the same hardened and intrepid conduct as marked him on his condemnation, boldly leaping into the coach at his leaving Winchester; on his journey to Portsmouth, by his words and conduct expressing great indifference at his approaching fate, and even laughing at the place execution.

In another report of his final day, oit was claimed that Tyrie had made a full confession as to who else was involved in his treachery.

His body to be hung in chains, August 1782

In Stamford Mercury, Thursday 29 August 1782.

By a Gentleman who arrived in town last night from Portsmouth, we are informed that David Tyrie, who was convicted at the last Winchester assize, for holding a treasonable correspondence with the French Ministry, was taken from the prison of that city, early on Saturday morning last, to Portsmouth, where he was executed on a gibbet erected for the purpose, in the presence of an immense crowd of people. The unhappy man it is said behaved throughout with such a decent fortitude that most of the spectators seemed sensibly affected at his misfortunes, and treated him with great tenderness at the place of execution. His body is to be hung in chains at the Gosport side, near Blockhouse fort.

Tyrie, a short time before execution, made a full discovery of his accomplices, one of them is in custody, and remains to be tried; but the prisoner has discovered, that his employment was a regular and well digested system of information, in the conveying of which no pains or expence was spared. It appears, that a certain American, who lately took a trip over to Paris, has been the principal planner and conductor of the scheme, and got his neck out of the halter, by suffering La Motte, Tyrie, and others, to be apprehended and executed, when he himself was the greater culprit. By some means or other these incendiaries not only got at the Admiralty orders, but they informed the French Court of the actual force and destination of our fleets long before they were equipped, and by such means rendered their expeditions abortive.

In a history of the wars of Britain published in 1795, Tyrie, along with John the Painter, and a certain M. de la Motte, was one of three men who had engaged in treasonous activity in Britain associated with the American War of Independence.

Actuated by mercenary motives, 1795

Thomas Mante, Naval and military history of the wars of England: including the wars of Scotland and Ireland, 1795, vol. VII, Of the Wars of England during the Reign of George III, pp286-7.

During the whole course of the war [the American War of Independance / Revolutionry War], only one other person was detected in any act of treason; and he appears to have been actuated merely by mercenary motives, though La Motte and John the Painter probably acted from principle. This was one David Tyrie, a native of Edinburgh. Having been bred in the mercantile line, and engaged in a number of speculations with a view to gain money, in all of which he discovered considerable abilities, he at last engaged in the dangerous one of conveying intelligence to the French of the ships of war fitted out in Britain, the time of their sailing, &c. For this he was apprehended in February 1782. The discovery was made by means of one Mrs. Askew, who passed for his wife, having delivered a bundle of papers in a hurry to a school mistress, and desiring her not to show them to any body. Instead of this, however, she not only inspected them herself, but showed them to another, by whom they were sent to the Secretary at war. By this, and another packet discovered by William James, who had been employed to carry it to France, Tyrie was convicted and executed in the month of August 1782. He behaved with great resolution, and at last showed rather an indecent levity and unconcern, by laughing at the place of execution. The sentence not only took place in the dreadful manner appointed by law, but the crowd behaved with the most shameful and unexampled barbarity. “Such (says the accounts of his execution) being the singular conduct of many who were near the body, that happy was he who could procure a finger, or some vestige of the criminal!” — This unhappy man, while in prison, had, with his companions, contrived a method of effecting their escape, by working through a brick-wall three feet thick, and covering the hole with a plank coloured like the bricks; but the scheme was discovered by the imprudence of Tyrie himself asking the keeper how thick the wall was.

The Trial of De la Motte

In Leeds Intelligencer, Tuesday 24 July 1781.

TRIAL of M. DE LA MOTTE. (For HIGH Treason.)

ON Saturday morning, at nine o’clock, M. de la Motte was brought from New Prison, Clerkenwell, to the Old Bailey, and having challenged several of the Jurymen, twelve were chosen without any objection, after which his trial came on. The Counsel who attended on behalf of the Crown were, the Attorney and Solicitor General, Mr. Howarth, and Mr. Norton. For the prisoner, Mr. Dunning and Mr. Perkham. The Indictment consisted of numerous counts, the first of which charged M. de la Motte with compassing the death the King, and the others laid divers overt acts of treasonable connection with the French Court to destroy the Naval power of this country.

The first witness examined was Stephen Ratcliffe, who had a vessel constantly going Boulogn, and was frequently the carrier of packets from the prisoner to the French Commissary. His pay was 20l. for every trip to the Continent.

The next witness, Mr. Rougier, proved the engagement himself and Ratcliffe in the service of the prisoner; that he received eight guineas a month for his trouble in forwarding packets, and also all his charges from Dover to London, when he waited on the prisoner in town; that a Mr. Walter was concerned in the business with the prisoner, and letters frequently came from France directed to himself, which he never opened, but delivered to the prisoner or Mr. Walters, knowing they were for those gentlemen.

Mr. Stewart deposed to having received from Ratcliffe several packets intended for an English merchant at Boulogn, who appeared be an agent for the French Ministry, but which instead of forwarding, he stopped and communicated to Lord Hillsborough, who took copies of all, and then returned them to Mr. Stewart, who, by his Lordship’s order, sent them to Boulogn, and by this contrivance the schemes of the prisoner were frustrated by Government having a previous knowledge of the contents of the various packets.

Sir Stannyer Porteen, of Lord Hillsborough’s office, deposed, that he received a packet from Mr. Stewart, in July; that he copied one of the letters himself, and had others copied for him, and then put the originals again into the cover and delivered them to the post; another of the 2d of August, and some others after that time, received in like manner, were copied, and put into the Post Office, to be conveyed to Mr. Stewart, with orders to be forwarded to their destination.

On cross-examination, Sir Stannyer said, he delivered the papers to a Mr. Maddison, and two other gentlemen, clerks to the Poft-Office, but he could not recollect to whicb person of the three.

Here an argument arose, whether or not these copies of letters ought to be admitted as evidence; the counsel for the prosecution contending, that the copies being authemicated, were as admissible as the originals; and the counsel for the prisoner concluding that they were not, and Mr. Peckham even going so far as to contend, that if the originals themselves were produced they would not be admissible, as not being proved to have been delivered from M. de la Motte to Ratcliff, and not appearing the author of them from any hand-writing or signature; to which the last observation it was answered, that Ratcliff received the packets from Rougier, which Rougier received from De la Motte, and thus the chain was filled up; but here a doubt arose, whether the letters which were copied by Sir Stannyer Porteen were the identical letters so traceable to De la Motte through Ratcliffe, and through Rougier, in order to complete the chain necessary to make the copies admissible.

The Constable who apprehended the prisoner, proved, that he threw several papers out of his waistcoat pocket, which being read, appeared an account, comprehending all the particulars of Governor Johnttone’s squadron, and intelligence of our Marine in the different ports, their destination and condition, both with regard to victualling and strength.

the King’s messenger, deposed, that he took Mr. Lutterloh into custody at his house at Wickham, in the neighbourhood of Portsmouth; that Mr. Lutterloh made a free confession of his guilt, and, by his direction he found a bundle of papers in the garden, several which were in the hand-writing of the prisoner, directed Commandant of Brest, and others the Cadix, together with instructions to Mr. Lutterloh, from the prisoner, prescribing a mode of during their connexion in the treasonable conspiracy kingdom. Mr. was next Called, and his testimony was of serious nature, that the court in a Rate ofauonilhriient during the whole of his long e*. amtnatioti. said, that he embarked on a plot with, the the year S to furnift the French c 0^ t ‘ ec . rct intelligence the navy; for which at received only eight guineas a month the importance of his information appeared, however, clear to the prisoner, that he afttfr allowed him fifty guineas a month,- besides many valuable gifts that upon any emergency he came post town la Motte. but common occurrences relative to their treaty fent by the post. identified the papers found in his garden, and the said, we!e M. dc la Motte and well known in France. had di efti0 n of the prisoner, and was closetted with Monsieur Sartine, the French miniftcr. j«e had formed plan for capturing Governour Johnstone squadron, for which Jic demanded 8000 guineas, and a third share of the ships divided amongst the P n Cr ‘ tn his friend in a certain office, but the French court would not agree to yeilding more than an eight Chare of the squadron. After to enable the French to take the commodore, S ‘^ HO j”r r ‘ a - nd tK J/cnch, and to defeat his original project with which he had furnished the French court. Mr. Dunning was wearied out in cross-examining this and declared that he was fo. that must retire, and, after Haying ftairs time, went home ill. Mr. then, for a long time the witness. On being severely questioned by Mr Dunning, Lutteroh a his life, of which the are the most remarkable circumstances. About fifteen years since came to England upon a tojn who was Ambassador from the Duke of Brunswick; and,going to a Taylor’s ‘earn K glim, bees enamoured of that gentleman daughter, and married her, whereby he incur,red the his relations. Being reduced he engaged as a livery servant to Capt. Phil. lipj, upon quitting service he lived the same Wildman, of Lincoln’s-lnn. Being fgm Mr Wildman, he took a chandler’s shop, having accepted;the drafts V° 1 amount, was much t|ic pressing importunities of his creditors, after which returned to England, and availed himself of insolvent a£l. Being at Portsmourth during the Naval review, he earned employment the George Inn* this situation Jie projctf ed a for purchasing arms in the netty German States for the rica, and visited tfiat quarter of the globe in orcder to promote this plan, which, however, was not attended with succces, and after this commenced his connexion with the prisoner. He acknowledgqd that Aipplied the prisoner with accounts the state of the West-India fleet, the number of sick and wounded Haflat; in .lctfcr directed Mr John Tweed, London, and that ln atlo w.M unelcr cover frank if’ W* Carrington-ftreet, May-fair, Who deals in pamphlets, newspapers, He further confcfl’ed, in violation solemn engagement< with the prisoner, wherein vrat ftipu=v lated, that they should on consoderation betray each other, after being railed from a state of the moile*-< treme indigence to with pecuniary cifcumltances, hi» generofity, he-had w)tl» a.view to make the country he had been tnduftrinas injure, but with defi’ tl to communicated Whole particulars: the iniquitous in which he had been gaged. was alked by Mr Dpnnisg, whether, immediately after leaving the grand jury, when the preferred he did not say Rousseau, that there was not evidence for finding bill without the fa» to which was swear, but that his deposition would cause to be convicted, in which case mould derive This he denied but owned he had ofered lay wager that \ vou ‘ t be hanged. A great number letters which he, the wunefs, had sworn to the hand writing of Motte, relative to the date of our fleet, ratea, guns, weight metal, out-fit, commanders, destination, complement of men, &c., &c. were read, and appeared contain the moil and we presume, accurate accounts, which fully confirmed the made-by the Attorney-General on his , opening the prosecution, and which said ought rums the had to dispose enabled him to carry corruption to very great and dangerous lengths,-” Mr Rowfiau dewfed, that the day when the indictment was preferred before the grand jury, Latter, loh expressed for the melancholy ftuarion de Morte, saying time, that he would be handed Mmlftnr glad of the opportunity that of gratifying their vengeance and <<jdjng, that Sight boMgtd, fir could bet/tit wtbctU him. ~ Mr Up,l depofed, that knew Lutterloh when kept chandler ,n Wtfi-street proposed deponent a plan for 5»°°o£ a,1 | d of the use the bemg Dr. Franklin CC V 8 o,lttne »i&tt raifed. « MrJrrtdm** that 1770, or time at» •accident happened, to his bureau being broke open and of about or oet.) hot he drf had been the robber; but his suspicions, and the motives which gave birth to them, wen aatorfollvjaftify hin» ‘“k . ovv J n . co . n cl J e ?«« a charadef when difmifc4 hi»fnwn hi* finite. 1 After the exami wiosof witness collate. U and combated SSAr C e contendcd, that both in w muft fall to the f for il>at overt a€|s proved, and ? 11?? <kfc«bing the fiate o«r fleet, and the fick and wounded legmen* they .were no more than what might be «verv day r«diaa newfpap^l! ,AI0 K the ,,l^r r PoWcn, and would not call 11 nfort | gentleman brought to the bar for life tnrough the contrivance of a>wit« a* W i W^°/ n d . e . }a Wotte bad bean acq sainted, 0 W rsff CrWn roi “ PowAment, had charged the offence a. correspondence vi” C took many other liberties with Mr m the of observatrons. fa 5* # y; # that M. de la Motte had afted only a trader from England and that the prime charged was more imputa-niSrh rU” c lle4 tWo tohn- ‘ p?!of. chartftcr » foch kind of passed upon him. “To hanged but not. till to be cut down, and bowels taken off hl«h burnt before his face, his head to be” Mai c vs^. , h fi ;{ fctevsss but M. de la Motte is about fivefeet ten inches \ nortmel? ‘t 8 ‘* comr,y 000 Nuance his deportment exceedingly genteel, and his eve r preffive of strong ocnetration. He wore white cloth coat, linen waistcoat, worken in Tambour. After sentence Mr. Akerman servants prepared rs.mn. duft him to prison, but being ignorant their delien n thatin the last war. he ivai .ti regiment of Soubife, and behaved, on fevewl?ccS»» with singular gallantry Upon the conclufiw the war his regiment was broke; soon aft £ tide Baron Dcckham, with heredity S & volved to him. Having lived lS’ fortune, retired England some few vSrs r? e a t0 refid e till the Commfflii ofthat aft which i, expiate the forfeit throughout the whole this scene, exhibited a ccmibination maolinefs and mind. appearedi^tKvipolite, condescending, and unaffected; and, w 28 lume, could never have stood so firm and collected, at so awful a moment, if, while he felt himself justly convicted as a traitor to the state which gave him protection, he had not however mistakenly felt a conscious innocence within his own breast, that he had devoted his life to the service of his country.

Immediately after the trial he was conveyed in a Hackney Coach to the Tower.

De La Motte, Provider of Intelligence to the Enemy, 1795

Thomas Mante, Naval and military history of the wars of England: including the wars of Scotland and Ireland, 1795, vol. VII, Of the Wars of England during the Reign of George III, pp284-6.

Thus it appeared that the whole of this alarm of treason and American incendiaries was owing to the political enthusiasm of one man [John the Painter]. Still, however, it appeared that the French court were very well acquainted with many particulars relating to the state of this kingdom, and the movements of our squadrons, which ought by all means to have been kept secret. These treacherous proceedings were first detected in the month of June 1780. One Ratcliffe, mailer of a cutter, gave information that he had been hired by one Mr. Rogere to carry packets to France, for which he was to be paid 20l. each time, and to have 100l. besides, at a certain period. Apprehending at last, however, that he might incur some danger by continuing this employment, he gave information of what was going on to one Mr. Steward, a merchant at Sandwich, by whom his last packet was carried to the secretary of state. After being opened and sealed up again, it was returned, and he was directed to carry it to France as formerly. This was the fate of several succceding packets, though it was some time before Ratclifte saw the principal party concerned. At last this was accomplished by his complaining to Mr. Rogere that he had not been paid the 100l. according to promise. A meeting being thus procured, it was found that the person who gave intelligence to the enemy was one M. Henry de la Motte, a French gentleman then residing in London. On searching his house, no papers of any consequence were found; but on his arrival, he being absent when the messengers first arrived, he threw some out of his pocket, unperceived by any body, as he thought. The papers, however, were taken up by the messengers, and gave plain indications not only of a treasonabie correspondence with the enemy, but that he was connected with one Henry Lutterloh, Esq. a German, who then resided at Wickham near Portsmouth. This person being also apprehended, not only made a full difcovery of the treasonable correspondence with France, but gave abundant proofs of himself being one of the most depraved and hardened of all mankind, lost to every sensation excepting the desire of accumulating wealth. His evidence, however, and other strong circumstances, were sufficient to convict M. de la Motte, who was accordingly executed, thouoh the king remitted that dreadful part of his sentence of having his heart taken out alive, &c. During his trial, and on every other occasion, he behaved in such a manner as showed him to be an accomplished gentleman; and not only excited the compassion, but the admiration, oF every one who saw him.

The Memoirs of Mons. De la Motte

In Reading Mercury, Monday 30 July 1781.

MEMOIRS of Mons. DE LA MOTTE

FRANCIS Henry de la Motte is a native of Alface, where his parents, though poor, lived in some degree respect. He had fortunately an uncle of the same name, who was a Professor in the University of Lyons, and a man not undistinguished in the literary world. From him De la Motte received a very genteel education; and through his interest, at the age of thirteen, obtained an ensigncy in the Ftench service where he rose gradually to the rank of Major, in a regiment of infantry; which rank attained in 1757.

But, in the following year, being charged with the defence of a bridge at the battle of Rosbach in Saxony, with orders to prevent the Prussian army from annoying the French rear, he no sooner perceived the approach of the Prussians to attack that post, than he thought proper to retreat. Most of his men were overtaken and cut to pieces by the enemy; but, being himself on horseback, he had the fortune to escape the pursuit. He was, however, brought to a court-martial, to answer for his conduct, and, by their sentence, was broke for cowardice. After this he repaired to Paris, and memorialized the ministry for some time, insisting that he had been ill used by the court-martial, and soliciting redress from their superior power; but finding every application of this kind totally ineffectual, he paid his first visit to England in the capacity of a spy; from whence he continued to furnish intelligence to the Court of France during the remainder of the late war.

At the conclusion of the war, he returned to Paris with a considerable sum of money, which enabled him to live there for some time in great splendour, but having at length consumed the whole of his acquisitions in that way, he applied to Mons. de Sartine, then Lieutenant of Police (an office coresponding in some measure with that lately held here by Sir John Fielding, but of much greater power and character) and he was accordingly admitted by that gentleman, as one of the spies of the Police.

In this fituation, Monsieur de Sartine found him exceedingly useful; for, being a dextrous gambler, and making an elegant appearance, he procured admission into the best circles; but unfortunately, one evening at the rout of Madame Montreal, he lost 100 louis dors to Chevalier Chablie, which he was unable to pay, and of course, could never after be admitted into company.

After this faux pas, his intelligence fell off remarkably, that Mons. de Sartine thought proper to make a reduction of one half in his stipend; which rendered his income so slender, that he found it insufficient for him and his mistress to live upon, and therefore took a millener’s shop, No. 47, Rue Grenvelle in Paris, where they made a shift to live in an obscure manner, till the breaking out of the present war, when he took the first opportunity to resuming his former business of collecting intelligence in England, for the French ministry; and for that purpose, returned to this country in January 1777. [This was the American Revolutionary War; France was neutral in 1777, but relations were strained; war Britian France would then be declared in 1778.]

On his return here, he assumed the name of Akerman, and took lodgings first in Fetter lane; afterwards he removed to the house of a Mrs. Cox, in Wardour-Street, and from thence till June 1778, he remitted to France all the intelligence he could procure; which it is presumed was not very considerable, as his salary till then was no more than eight guineas a month.

About this period it was, that he formed an acquaintance with Lutterloh, whose connections proved so valuable to him, that his salary was immediately raised from eight to 50 guineas a month, in consequuence of the important intelligence, which he collected through the means of his new acquaintance; finding himself now in more affluent circumstances, he discarded the temporary name of Akerman, and re-assumed that of De la Motte. He took country lodgings at Hampstead, and began to make some appearance in the world. Lutterloh introduced him to his aunt Mrs. Lutterloh, wife to General Lutterloh, formerly envoy to our court from the Duke of Brunswick, and now serving in the American army. Through the acquaintance of this lady, De la Motte had an opportunity of introducing himself into several respectable families. He even resided some time at her house, No. 1, Old Burlington-street, from whence he removed to Mr. Otley’s, in Bond-street, where he took lodgings at 1000l. a year, and lived in an elegant style till the time of his apprehension.

His behaviour, when first under examination, evinced the greatest fear. He there confessed the charge againat him. He betrayed Lutterloh as the agent at Portsmouth, from whom he had received the papers found upon him; and entreated, that he might be admitted an evidence for the crown but was told, that what he desired could not be granted.

The fortune said to made by De la Motte within the last two or three years, and since his connexion with Lutterloh, is no less than 25,000l. He never was married, but has two children by Madame Soger, with whom he formerly lived in Rue Grenvelle. He has supported her since, in very elegant apartments in Rue Notre Dame des Victoires, Paris.

TO DO

Tyrie’s head on display, June 1783

In Stamford Mercury, Thursday 26 June 1783.

Also appeared in Derby Mercury, Thursday 26 (incorrectly shown by BNO as 19) June 1783; Aberdeen Press and Journal, Monday 30 June 1783.

To the disgrace of the police of this country, the head of the unfortunate Tyrie, who was executed at Portsmouth last summer, as a spy, and whose body was dissected by the barbarous and inhuman multitude that surrounded him, is made a shew of to this very hour, by the keeper of Gosport Bridewell. The number of unthinking people that have paid one shilling for seeing it, is truly astonishing; but the dreadful accident that has happened in consequence of its being made a public will, it is hoped, be the means of its being immediately ordered to be buried, to prevent such dismal catastrophes in future.—A sailor, lately arrived from the West-Indies, hearing such a sight was to be seen, went to satisfy his curiosity, taking his girl with him without letting ber know where he was going, On their arrival at Bridewell, he called for some wine, at the same time whispering the gaoler, to bring the head, which being suddenly and unexpectedly placed upon the table before the girl, had such an effect upon the poor young creature, that she fainted away. With great difficulty she was conveyed home, and put to bed, from whence she never rose. The sailor, knowing himself to be the author of this melancholy event, has more than once endeavoured to make away with himself. It is to be hoped that the Judges at the ensuing assizes will make it their business to enquire into this shameful traffic.

TO DO

The last man to suffer the completed sentence of being hung and quartered, on Southsea Common.

Sentences of hanging, drawing and quartering thereafter

Whilst the Despard plot conspirators in 1803, the Pentridge rebels in 1817, and the Cato Street conspirators in 1820, were also sentenced to hanging, beheading and quartering, their sentences were commuted in each case by the Prince Regent to hanging until dead, and then beheading.

The life and trial of F. H. de la Motte, 1781

The life and trial of F. H. de la Motte, a French spy, for high treason, at the Sessions-House in the Old-Bailey, on Saturday the 14th of July 1781, and was hang’d, drawn, and quartered at Tyburn, on Friday the 27th following. Taken in short hand by J. Williams, 1781

See also: Complete Collection of State Trials and Proceedings for High Treason, Volume 21 Type col. 817- , De la Motte, col. 687-817

The Sinking of the Royal George, September, 1782

In Hampshire Chronicle, Monday 02 September 1782.

HOME NEWS.

PORTSMOUTH. Aug. 31.

On Thursday morning, between nine and ten o’clock, the Royal George man of war of 100 guns, on board of which Admiral Kempenfelt had hoisted his flag, nearly in the center of Lord Howe’s fleet at Spithead, most unfortunately and instantaneously went to the bottom. The melancholy accident was occasioned by the being heeled upon her side, in order to have the water-pipe of her cistern repaired, at which instant of time a strong squall of wind at N. N. W. threw her further upon her side, and the lower port holes being unluckily open, she filled and went down in less than three minutes. The alarm and confusion at an event so unexpected and so horrid, is indescribable. A victualling sloop, and several wherries full of people, which had just put off in order to go ashore, were drawn down by the prodigious whirlpool and suction occasioned by the sinking of the ship. Of about fourteen hundred men, women, and boys which were on board, not more than 320 were saved; and it must give unspeakable concern to every lover of his country, as well as to the humane heart, that the brave and able veteran Admiral Kempenfelt is amongst the drowned.— Major Graham, and several other officers of marines, the surgeon, the master, three lieutenants, several midshipmen, and some ladies who had gone on board to see the ship, were also lost. Captain Waghorn, Admiral Kempenfelt’s Captain, was fortunately gone on duty for few hours on board another ship. The ship’s complement was 900 men, and she was completely manned with the best seamen, victualled and ready for sea at an hour’s notice. There were also a number of carpenters from the yard, at work in her; and several of the officers, with the whole of the marines, had only come on board from Portsmouth the preceding evening. The unspeakable distress of this fatal catastrophe has occasioned is inconceivable. The shore for a length of time exhibited scenes of the most poignant grief, being lined with persons lamenting their fathers, or their children, who had perished in this calamity. And every one will read with added concern that the brave Admiral Kempenfelt, who had hold of the same rope with a marine, was so exhausted and fatigued, that he let go but a few minutes before a boat reached the unhappy spot where he sunk, and picked up the marine alive.

Though the depth in which she now lies, about fourteen fathom, is not considerable, it seems to be the general opinion here, that she cannot be raised, as no purchase can be obtained equal to the immense weight. But if this ship, so long the pride of our navy, and so essential a part of the strength of this country, at this most critical period, could be recovered, the loss of so many brave and able seamen is irremediable, and never sufficiently to be lamented.

An accident of this kind to a capital ship, is unpredented [sic] in the annals of the Navy.

The Royal George man of war is the oldest first rate in the service; she was built at Woolwich, her keel was laid down in 1751, and she was hauled out of the dock in July 1755, it being unusual to build such large ships on slips to launch; she was pierced for 100 guns, but having lately had two additional ports, including the carronades, mounted 108 guns; she was rather short and high, as all the old first rates are, but so good a sailer, that she has had more flags on board her than any vessel in the service. Lord Anson, Admiral Boscawen, Lord Hawke, Lord Rodney, Lord Howe, and several other principal officers, have repeatedly commanded in her. Lord Hawke commanded the squadron in her which fought the French under Conflans, when the Suberb of 70 guns, was sunk by her cannon and the Soliel Royal of 84, burnt on shore: she carried the tallest masts and canvas of any English built ship in the navy, and originally the heaviest metal, viz. 52, 40, and 28 pounders, but they were lately changed, account of her age, to 40, 32, and 18 pounders.

A little further on was a report of Tyrie’s execution:

Regret for his father, September 1782

In Hampshire Chronicle, Monday 02 September 1782. WINCHESTER, Saturday, August 31.

David Tyrie, who was executed at Portsmouth on Saturday last, for carrying on a treasonable correspondence with the French, could not be prevailed upon to make any discovery of his colleagues in the above iniquitous business. A few days before his execution, he sent up an offer to the Secretary of State’s Office, to discover a person in an elevated line of life, who is caressed by the first people in the country, whose connexions and situation enable him to give our enemies the best information, and who has for some time followed this business together with several others in an inferior situation, provided Government would enter into an engagement that they should not prosecuted for any overt act up to the present time—but this offer is seems was rejected. It was hinted to him, whether, on condition of saving his own life, he would give up the above people to a due course of law; but he declined it, saying, he despised life upon any terms where that of another person was involved, and that, whether he lived died, no blood should lay at his door.—He conducted himself from the prison here to the place of execution, and during the whole of the preparation for his miserable dissolution, with the most singular composure and magnanimity,

From the time he was put upon the sledge, till he came to the gibbet, he continued an unconcerned conversation with the gaoler, in which he expressed that he thought there were not three better, sounder, or honester hearts this kingdom, than his own, which was just going to be burnt. That there was only thing which gave him concern, which was, that his father was living, and that he feared this misfortune would bring his grey hairs with sorrow to the grave. He declined saying a word to the populace, observing, that he knew not why he was to feed or gratify the idle curiosity of the multitude. He never hung his head the whole time.—When arrived at the place of execution, no halter was provided, upon which he smiled, and expressed astonishment at the inattention and neglect of his executioners; and indeed the business would have been retarded for some time, had not a rope and pulley been procured out of a lugger that lay under shore, during which time he read several passages in a bible he carried in his hand.—Before he was drawn up, he delivered a paper, setting forth, that he had authorised no person to publish any account of his life, nor was there any one who knew sufficiently of him to give any genuine particular of his transactions to the world.

After hanging exactly twenty-two minutes, he was lowered upon the sledge, and the sentence literally put in execution. His head was severed from his body, his heart taken out and burnt, his privities cut off, and his body quartered. He was then put into a coffin, and buried among the pebbles by the sea-side; hut no sooner had the officers retired, but the sailors dug up the coffin, took out the body, and cut it in a thousand pieces, every one carrying away a piece of his body to shew their messmates on board.—A more dreadful, affecting execution was perhaps never seen. It was computed by many intelligent persons on the spot, that there were not less than a hundred [sic] thousand spectators present on the occasion.

For notable trials such as this, it was common for broadsheets to be printed summarising the trial and the execution, as well life histories of those who had been condemned, either legitmately based on interviews with the subject, or unofficial ones. But Tyrie, it seems, did not want anyone to think he had officially sanctioned such a publication.

No authorised biographies, September 1782

In Hampshire Chronicle, Monday 02 September 1782.

DECLARATION of DAVID TYRIE, concerning the HISTORY of his LIFE.

“If after my death, any person should attempt to impose a HISTORY of my LIFE upon the public, leave this to serve as a declaration, that I have left neither instructions nor materials for any person to write a history from, and that no man living had my confidence so far as to be able to give any thing like a genuine account of my actions to the world. I was sincerely disposed to have done it myself, for the benefit of mankind, and my poor orphan babes; but the time allowed after my conviction was not sufficient.— I leave this therefore as a caution to the public, in the hands of Mr. John Vowell, jun. whom I request to make it publicly known, should any publications respecting me be attempted.”

Winchester Gaol, Aug. 23, Signed DAVID TYRIE.

Witnesses: Robert Serle, Under Sheriff of Hants.
J. White, jun. Deputy Keeper Winchester Gaol.

To Mr. John Vowell, jun.

From hence it becomes obvious, that the Book now advertised under the title of “A true and concise account of the Life and Trial of David Tyrie”, to be had of Messrs. Sadler and Burdon in Winchester, Collins and Johnson in Salisbury, Dawkins in Gosport, Breadhower in Portsmouth, Skelton and Mills and Baker in Southampton, is no other than a spurious publication, compiled from mere imagination, to answer mercenary purposes.

Reports of the execution depicted the gruesome scene that presented itself to the large audience who gathered on Southsea common to witness the event.

Tyrie’s Last Journey, September 1782

In Northampton Mercury, Monday 02 September 1782. Also in Leeds Intelligencer, Tuesday 03 September 1782 etc.

The Crowd of People of all Ranks assembled by Four o’clock this Morning at the Gates of the Gaol, to see Tyrie set off for the Place of Execution, was very great. About Five o’Clock he was put into a Coach with six Horses, attended by the Ordinary, Under-Sheriff, Gaoler, Sec. and conveyed to Portsmouth, where, being delivered up to the Mayor and Police of the Town, he was drawn on a Sledge the Place of Execution; after praying a little Time he was turned off, and hanging till almost dead, he was then cut down, his Head severed from his Body, his Bowels taken out, and his Heart shewn, to the surrounding Multitude, and then thrown into Fire made for the Purpose; the Body was then quartered and put into a Coffin.—The Concourse of People was immense, and beyond Description! and such was the Angular Avarice of many who were near the Body, that happy was he who could procure a Finger, or some Vestige of the Criminal.—Tyrie supported to the last the same hardened Conduct as marked him his Condemnation, boldly leaping into the Coach at his leaving Winchester; and on his Journey to Portsmouth, his Words and Conduct, expressing great Indifference at his approaching Fate. Liverpool, Aug. 22.

Tyrie’s Execution, September, 1782

In Chester Courant, Tuesday 03 September 1782.

Also in Hereford Journal, Thursday 29 August 1782; Caledonian Mercury, Saturday 31 August 1782 etc.

TYRIE’S EXECUTION FOR HIGH TREASON.

Saturday Morning David Tyrie was brought from Winchester Gaol in a Coach and Six, accompanied by the Sheriff of Hants and his Attendants, he was met by the Officers and Constables of Portsmouth at the Green Post, and came in solemn Procession to the White-house, when he was taken out, and immediately put on a Hurdle with a Sledge, drawn by four Horses, and proceeded to South Sea Beach, where after some little Time spent in Reading, he suffered the whole Punishment according to the dreadful Sentence pronounced upon him.—We cannot help observing the Steadiness of Behaviour throughout the Whole, even from his Trial to his last Moments. The Annals of England cannot furnish a Circumstance wherein a Criminal launched into Eternity with so much Composure, not shewing the least Timidity, but seemed to think, to the last Moment, he acted in a right Cause. He said nothing material at the Place of Execution, nor gave the least Hint that any other Person was concerned with him. The Concourse of People assembled on this Occasion was great indeed; according to moderate Calculation, there could not be less than twenty thousand Persons. After hanging 22 Minutes and a Half, he was lowered down, his Heart was taken out and held up to the Populace, and the Hangman declared it to be the Heart of a Traitor: It was then thrown into the Fire, and his Body (the little Remains of it) was put into a Coffin, and buried near the Gallows.

It astonished every Spectator to see the horrid Inhumanity that was suffered on the remaining Part of the Carcase. The Populace had the Liberty of cutting and hacking any Part they thought proper, such as Fingers, Toes, and Ribs. This abominable Shock to human Nature, must certainly have been the Neglect of the Sheriff; and what was most palpable, to suffer the Gaoler of Gosport to take away Tyrie’s Head, and which he is now making a Show of at his own Dungeon. Many of the Body-snatchers, as they are called, bid high for the Head; however, Buck——— either having more Interest, or being quicker than the Rest, whipt it into a Bag, and some of his worthy Emissaries conveyed it away. It is sincerely to be hoped that such horrid Behaviour will not pass without exemplary Punishment.

An abominable shock to human nature, September 1782

In Stamford Mercury, Thursday 05 September 1782.

Extract of a letter from Portsmouth, Aug. 24.

“A crowd of people of all ranks assembled at four o’clock in the morning at the gates of the gaol, to see Tyrie set off to the place execution, was very great. About five o’clock he was put into coach with six horses, attended by the Ordinary, Under Sheriff, Jailor, &c. and conveyed to Portsmouth, where being delivered up to the Mayor and Police of the town, he was drawn on sledge to the place of execution. After praying a little time, he was turned off, and hanged till almost dead, when he was cut down, his head severed from his body, his bowels taken out, and his heart shown to the surrounding multitude, and then thrown into a fire made for that purpose; the body was then quartered, and put into a coffin. Tyrie supported to the last the same hardened conduct as marked him on his condemnation, boldly leaping, into the coach his leaving Winchester; and on his journey to Portsmouth, by words and conduct expressing great indifference at his approaching fate.

“It astonished every spectator to see the horrid inhumanity that was suffered on the remaining part of the carcase of Tyrie. The populace had the liberty of cutting and hacking any part they thought proper, such as fingers, toes and ribs. This abominable shock to human nature must certainly have been the neglect of the sheriffs; and what was most culpable, to suffer the Jailer of Gosport to take away Tyrie’s head, and which he is now making a shew of in his own dungeon.”

Some Account of the Trial of Francis Henry de la Motte, for High Treason, July 1781

In Bath Chronicle and Weekly Gazette, Thursday 19 July 1781.

…

TO DO

Correspondence from Portsmouth, September 1782

In Stamford Mercury, Thursday 12 September 1782.

Extract of a Letter from Portsmouth, Sept. 6.

An order came down this morning for the ships to take all their stores on board directly, which is now performing in the greatest haste imaginable.

“Lord Howe has not left his command his arrival.

“The First Lord of the Admiralty is expected to see the fleet sail, and it is even said will go as far as Plymouth in the Victory, where he will take a view the Dock-yard, during the absence of the grand fleet.

“We have now 1160 men, including labourers, employed this yard, and talk of employing 200 more before the spring; Indeed so much work calls for additional hands.

“The person who is to go down into the Royal George, tried the experiment in the harbour this morning, in the machine contrived for the purpose; and I have just been informed that great hopes of success are expected from it, as he was able to continue under water near an hour.

“A clear benefit of 90l. was last night given at the Sadlers Wells Theatre, near this town, to the widows and orphans of the persons lost in the Royal George. Another will be given at the Theatre in the town this evening by the Comedians.”

A Correspondent has made the following observations respecting the Royal George.

The absolute weight of a body sinking a fluid is equal to such part of the fluid as shall be thrust away or displaced thereby.

It is now presumed, that the Royal George had all her ordnance, rigging, &c. on board and therefore by calculation she displaced, or removed, a body of sea water containing 21,965,978 pounds of water, which makes 9805 tons and upwards, which is equal to her weight. Now, supposing her to be sixteen fathom perpendicular under water, and admitting the truth of 64 pounds to be a solid foot of sea water, she sustains the weight of 20,9941/2 tons.

The ship’s weight, upon a present computation, 9805 tons.

The perpendicular weight of water over her, 20994 1/2 tons.

Total, without considering the water in her body. 30799 1/2 tons.

He concludes with asserting that he can form a machine upon a simple construction, whereby she may be unloaded of her ordnance and stores.

As Tyrie was conducting to execution, he said the gaoler, “At this place I was to have been rescued, could I have raised money enough, for the Smugglers had offered do it, but demanded a sum greater than was in my power to give.” He afterwards said, there was one man living yet, who furnished intelligence to the French, and while he lived, the navy of Great Britain would never be successful. After he was executed and buried in the sand, the sailors dug him up, pulled him to pieces, lapped his fingers and toes in rags to make tobacco-stoppers of, and carried his entrails in triumph on a stick.

A life well worth preserving, September 1782

In Caledonian Mercury, Wednesday 18 September 1782.

Notwithstanding the late David Tyrie’s seeming contempt of death, both at his trial and execution, the following letter, together with his subsequent design of escaping from Winchester goal, evidently prove that he thought life well worth preserving. This letter, in Tyrie’s hand-writing, was found on the person to whom it was addressed, who was apprehended for altering bank-notes:

As quoted previously.

## The Trial of John and Jane Graham

John and Jane Graham tried at the Old Bailey, September 1782

In Caledonian Mercury, Monday 23 September 1782.

Also in Stamford Mercury, Thursday 19 September 1782.

On Saturday, 19 prisoners were tried at the Old Bailey, four of whom were capitally convicted, viz. John Graham and Jane Graham, for forging, counterfeiting, and publishing as true, knowing it to be forged, a certain promissory note for payment of money, viz. for 15l. thereby, purporting to be the promissory note of John Boult, for the Governor and Company of the Bank of England, for payment of 50l. to Mr Allan Cowper, or bearer, on demand, with intent to defraud Christopher Alderson. …

On the trial of John Graham, and Jane his wife, the first for altering and forging a letter in a bank-note, and the latter for uttering the said note, knowing it to be forged. It appeared from the evidence produced in support of the prosecution, that Mr Graham had applied to Mr Huxton, to cut him the letter Y in wood, suitable to a specimen which he gave him; not liking the impression which it made, he desired to have some more cut a smaller sort, this was done, and the woman at the bar came and took them away. He was shewn some wooden letters that were found in the possession of the prisoners, and was of opinion they were the same which they had from him. A bank-note was produced, and being proved to have been tendered by Mrs Graham, in payment of some goods, for which she received the difference; this note; and others found upon Graham when he was taken, were produced, and appeared to have been originally struck for fifteen pounds, but by the help of a liquid, the letters below the T had been erased, and the letter Y being added, the notes were, to all appearance, for 50 l. each. A variety of different implements, evidently of use in this iniquitous purpose, were produced, and proved to have belonged to the prisoners. Being called upon for their defence, they complained bitterly that their witnesses had been sent out of the way, to prevent them from having the benefit of their testimony. A witness was examined to prove that the prisoners had been married many years; and Mr Morgan their counsel objected, that, in point of law, the Jury could not convict the prisoner, even if they believed they evidence proved; because, in all cases short of treason or murder, where it appeared that a criminal action had been performed by a man and his wife, the woman was acquitted, from a presumption, that what she had done was by the influence and direction of the husband. The Judge summed up the evidence with great accuracy and precision; and, in regard to the point of law, he told the Jury, that in all such cases as where the husband and wife acted in coercion, then, indeed, the law was so tender in behalf of the woman as to presume she acted under an influence and compulsive force from the husband; but then she had no such advantage in the present case; what she had done appeared to have been a voluntary act; her husband was not present; and although he might have commanded her to utter the note in question, yet as soon as she was out of his sight she was out of his power; and might have claimed the protection of the Magistrate to defend herself.— The Jury withdrew a few minutes, and returned a verdict that the prisoners were guilty, but in consideration of a most pathetic address, made to them by the prisoners, representing their being the unhappy parents of nine children, the Jury was pleased to recommend the woman to his Majesty’s mercy.

TO DO

TH: worth bearing the above in mind wrt Mrs Tyrie; also implied threat (to support her defence?) re taking his name etc?

Ordered for execution, respited during His Majesty’s Pleasure, October, 1782

In Northampton Mercury, Monday 14 October 1782.

Yesterday the Report was made to His Majesty in Council of the Prisoners under Sentence of Death at Newgate, convicted last September Session, when the following were ordered for Execution on Tuesday next, viz … John Graham, for forging and publishing as true, knowing it to be forged, a Promissory Note for 15l. purporting to be the Promissory Note of John Boult, for the Governor and Company of the Bank of England, for Payment of 50l. to Mr. Allen Cowper, Bearer, on Demand, with Intent to defraud Chr. Anderson. …

The following are respited during His Majesty’s Pleasure, viz. … Jane Graham, for being concerned with John Graham in the Forgery above-mentioned. …

Sentenced to death; and respited, October 1782

In Stamford Mercury, Thursday 17 October 1782.

Yesterday the report was made to his Majesty in Council of the prisoners under sentence of death in Newgate, convicted last September session, when the following were ordered tor execution on Tuesday next, viz. … John Graham for forgery; …

The following are respited during his Majesty’s pleasure, viz. … Jane Graham (wife of Graham ordered for execution) …

John Graham et al. executed, October 1782

In Derby Mercury, Thursday 17 October 1782 (in BNA, given as 10 October).

This Day the ten following convicts were executed pursuant to their Sentence, viz. Charlotte Goodhail, John Edmonds, and John Graham, who went in the first Cart.— Wm. Odom, Thomas Claddenboul, P. Verrier, and John Price, in the Second. — In the Third, Wm Jones, alias Parker, alias Filch, a Jew. Wm. Weatherby, and John Lyfee, being for Coining, were drawn on a Sledge. They all behaved with Decency, and were attended by the Sheriffs and under Sheriff, the City Marshall, &c.

At the fatal Tree Charlotte Goodhall swooned away Twice, so that she was obliged to be supported by the Executioner till she was turned off: A Scaffold broke down whh upwards of 200 People upon it; and Two Pickpockets were detected, who were left to the Mercy of the Mob.

Executed at Tyburn, October, 1782

In Ipswich Journal, Saturday 19 October 1782.

This morning John Graham, Charlotte Goodall, John Edmonds, Henry Berthaud, Wm. Jones, Peter Verrier, Wm. Odem, Tho. Claddenboul, Charles Woollet, John Weatherby, and John Lafee, were, executed at Tyburn.

Carried from Newgate to Tyburn, October 1782

In Salisbury and Winchester Journal, Monday 21 October 1782.

London, Tuesday Ocober 15.

This morning the following convicts were carried from Newgate to Tyburn, and there executed, pursuant to their sentences. John Graham, Charlotte Goodall, and John Edmonds, in the first cart; Henry Berthaud, William Jones, and Peter Verrier, in the second; Wm. Odem, Thomas Claddenboul, and Charles Woollett, in the third cart. John Weatherby, and John Lafee, tor coining, were drawn on a sledge. They all behaved very penitently.

The Tragic Last Meeting of Graham and His Wife, October, 1782

In Hampshire Chronicle, Monday 21 October 1782.

A correspondent who was present at the interview between the unhappy Graham and his wife, the evening previous to his execution on Tuesday last, declares he never saw or heard a more affecting spectacle. Callous as the sight of frequent scenes of human woe might be supposed to make the people Newgate, there was not one of them who beheld the wretched husband take his last farewell of his disconsolate wife, who did not join in the lamentations of the woman. As for the man, his deportment beggared description. They have nine children, the eldest not fifteen. Reflection on this circumstance, more than on his own approaching fate, had reduced him to a skeleton. He had kept an academy, but that business not succeeding, unhappily, his tenderness for his children is said to have drove him to the measure that ended in his condemnation. At the interview with his wife, he seemed to have made up all his earthly accounts. There was an awful composure in his manner, a thousand times more moving than the looks of desperation and shrieks of the miserable woman. He soothed her in the most affectionate manner; he very tenderly charged her not to give way to grief, but to take care of her health for the sake of their poor little ones, who shortly—(here the unhappy man paused—a tear trickled down his cheek—he could proceed no farther.) His wife fainted, and in that condition was carried off, while the husband resigned himself solemn silence into the hands of the keepers.

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Graham Previously a Schoolmaster, October 1782

In Newcastle Chronicle, Saturday 12 October 1782.

Graham, the forger, convicted last sessions at the Old Bailey, was a schoolmaster at Kilmarnock; and, prior to his settlement there, had kept an English school at Douglas in Ayrshire; he was reputed a man of nobility; but his conduct never procured respect.

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The Sinking of the Royal Goerge recalled, 1839

In Surrey Mercury, Monday 07 September 1846.

THE ROYAL GEORGE.

The loss of this vessel, which sunk at Spithead in 1762, has been so often related, that some apology is requisite in recurring to the story. But we are induced to do so, from finding the following brief though graphic description of the accident in a book just published, “the Naval Life and services of Sir P.Durhant,” who was one of the parties saved.

“The Royal George was under orders to sail for the relief of Gibraltar. During her last cruize she had made rather more water than usual, and, after a short survey, the carpenters discovered a leak, and they stopped it. It was likewise observed that the pipe which admitted the water into the hold for cleansing the ship was out of repair. This pipe is usually placed atout three feet below the surface of the water. To remove the old pipe, therefore, and to insert a new one, it became necessary to heel the Royal George on one side, so as to raise the mouth of the pipe out of the water. This operation brought the larboard porthole sills even with the water. A lighter came on the lower side of the ship, and put her cargo of rum on board, the weight of which, with that of the men engaged in hoisting the casks, cased the Royal George to heel considerably more, ‘and brought the lower deck port-holes under water, which now dashed in such quantities to the hold that she began gradually to settle down.’ The carpenter twice warned the first lieutenant (Sandon) of the danger the ship was in, but he would not listen to him, and delayed giving the order to right the ship till it was too late; and a slight breeze springing up, ‘heeled her completely on her broadside, when guns shot, and every thing moveable fell to leeward, and rendered it an impossibility to right her. She sank almost immediately.’ The watch on deck, consisting of 230 men, were saved by running up the rigging and were taken off by the boats which came to their assistance, and which likewise succeeded in picking up about seventy, who had escaped by swimming. Amongst the latter were the Captain Waghorn, and, two acting lieutenants, Durham and Richardson. By this calamity about 200 persons met with a watery grave, among whom was the brave old Admiral Kempenfelt, who at the time was sitting writing in his cabin. He was in the 70th year of his age. When the Royal George settled down finally the masts stood tupright, the cap of her bowsprit appeared above water, and the admiral’s flag remained flying at the mizen topmast head,” &c.

It is a curious fact that during Colonel Pasley’s operations of 1841 a relic of the wreck was discovered which Sir P. Durham identified as having been his property. It is a stamp he employed for marking his books, linen, &c. The types were in perfect preservation, though they had been in the great deep for nearly 60 years.

The Raising of the Royal George

Awaiting an attempt to raise the Royal George, June 1783

In Hampshire Chronicle, [Monday 23 June 1783]https://britishnewspaperarchive.co.uk/viewer/BL/0000230/17830623/016/0003?browse=true).

PORTSMOUTH AND CHICHESTER POST

PORTSMOUTH, Saturday, June 12.

…

The Diligente, one of the ships appointed to weigh the Royal George, has been at Spithead some days past, to be ready against the attempt is made, which will take place as soon as she is joined by the Royal William, now fitting for that service.

The diving-bell, poised with lead, and which is to sink full of air, is to be situated as near as possible parallel to the horizon, so as to close with the water’s surface all at once, at the operation of raising the Royal George.

A short lived mutiny, June 1783

In Hampshire Chronicle, Monday 23 June 1783.

A very alarming mutiny has happened this week on board the Raisonable man of war at Spithead, the crew of which, on being ordered to sail for the River, in company with the Anson, Ruby, and Polyphemus, to be paid off there, absolutely refused to sail; but on the contrary prepared to bring the ship into harbour, insisting she should be paid off at this place. Information of these proceedings being sent to Admiral Montague, who commands at this port, he immediately gave orders for the men of war at Spithead bear up and lay their broadsides towards her, and the guns from South Sea Battery, the platform, and Block house, to bear upon her, that, in case the crew attempted to bring her into harbour, they should, the moment they got under weigh, fire upon, and sink her; notice of which orders he previously sent on board the Raisonable, to inform the crew of their inevitable destiny, if they persisted in their unwarrantable proceedings. This resolute and decisive conduct in the Admiralty, had its proper effect. The ship’s company were to man struck with the danger that awaited them, and were soon brought to a sense of their indiscretion and imprudence. Very happily no further opposition or mischief ensued, nor did any of the sailors in other ships join the mutiny, the expectation of which was so great, that orders were sent to the regiments quartered in the neighbouring towns, to hold themselves in readiness to march to the aid of the Commander in Chief here, on a few minuets notice, in case they should be wanted. The crew thus brought to a proper sense of their duty, have since weighed anchor, and sailed for the River, where they are to be paid off.

https://britishnewspaperarchive.co.uk/viewer/bl/0000080/18390908/009/0003 London Dispatch - Sunday 08 September 1839

https://britishnewspaperarchive.co.uk/viewer/bl/0000846/18410925/006/0001 Waterford Mail - Saturday 25 September 1841

https://britishnewspaperarchive.co.uk/viewer/bl/0000045/18410710/008/0002 Caledonian Mercury - Saturday 10 July 1841

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In Hampshire Telegraph, Monday 08 June 1840.

ROYAL GEORGE.

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Since our last notice of the oplerations on the hull of the Royal George, much wreck has been brought on shore, among which are entire deck beams, the stanchions or wooden standards of the orlop deck which rested on the keelson, some fragments of the after part qf the keel with the dead wood teamed into them), attached nlto whiuvli aire strong connecting plates of brass, die ho tanhins f ithe pumip wyell or- shot locker at the main ‘~bulkheads connlected with it where iinsertd,all thisshows Lti that the wreck from thle Stern pi at to the main hatchw;ay lie is completely tihrown abiroadi, anti that little now rentaitis t to do buit tto pi ck Itip t I e fragn ient Is. B esid esL ?? woI d ivertL; d-Geo. Hall anti Fuhlager; two othersof’the corps ?? id fappers and Mliners teave commenced with considerable pronistii~-one, a private, Andrew D)uncau, who distinguished hinmself betore he entered the service, by saviing evrllives by swimmingl, tor wrhich lie received pep;;- itams troit the Royal Humane Society, to this iall, C liawevrr, a trilling accident, luckily attended with no rd owrinou consequence happened on Thursday morning, wn WJ’11 t ODO O. theriggers, w IIo alal charge of the I ite tiS hue, having allowed it to becatie too slack. in conic- )u ayto hau lila tilt), as his helmet was full of water, tl and he had become senseless, or nearly so, but lie soot; ‘lie recovered, and this spitrited young soldier is ready to far dive again, it was only the second time he had beet; M. dlown, the first time lie got up a beam. Corporal David to Iltirris tins also beet; diving for several days with greati St. activity and success. This morning an iron 32-pounder t1tS and two Ittn-carriages were got up, and about two dozen bottles of wine, but the quantity at’ wreck recovered during the last two days lots beeit rather smaller, thati nij- tistal, So that CJul. Pasley has directed two charges to Le Ir of’ired on Monday next, nen ot’26iflbs. the other of 471be., ers ait the mid~day slack-title, avid it is probable that a large chtorge of olpwrtrds, at’ 2,000~lbs., will he tired itt the next De eep titles, that is in about a, fortnight tramt this, pro- left bab 1n th 2ind inst. Severatl small charges have bieet er, tird during the week, RS the moth hats beet; more trait- oes blesomoe tit an usual, anid will continue so, as long its a;;y le, ?? Otweec~k prevents the ?? carryitig la; it efi sillier by the flood or ebb tide.