The Trial and Execution of John Thurtell

The Elstree Murderer

© Lynda Osborne

Sep 26, 2009
Hangman's noose, Anka, Fotolia.com
The Elstree murder is not the most notorious in British history but John Thurtell has been immortalised in a wax tableau in Madame Tussaud's, a London tourist attraction.

John Thurtell wasn’t born with a silver spoon in his mouth, but his family background was comfortable to say the least. Born on December 21st 1794, John was the son of the Mayor of Norwich.

Like many gentlemen of the time, gambling played a large part in Thurtell’s life. He held a grudge against a fellow gambler, a solicitor by the name of William Weare, to whom he owed the sum of £300. This was a tidy sum by standards of the day and Thurtell alleged that it was owed as the result of a crooked card game.

The Murder of William Weare

A gentleman’s gambling weekend was planned at the home of a friend, William Probert who lived in Radlett, Hertfordshire. As it was quite a distance to travel, Thurtell invited Weare to accompany him on the journey in his gig, a light two wheeled horse drawn vehicle for 2 people, travelling on October 24th 1823.

As they neared their destination, John Thurtell confronted Weare over the allegedly crooked card game. The confrontation took place outside the Wagon and Horses Inn in Watling Street, Radlett. Although he fired a pistol at point blank range at Weare’s face, the weapon misfired and the bullet glanced off Wear’s cheekbone.

Wear’s luck was not to hold out for much longer. Undeterred, Thurtell cut his intended victim’s throat with a penknife and bludgeoned him with the pistol with such force that the muzzle of the single shot pistol was covered with blood, tissue and hair.

Aided by William Probert and Joseph Hurt, another guest for the weekend, Thurtell temporarily disposed of the body by hiding it in the pond in Probert’s garden. However the body was later moved, under the cover of darkness and hidden in a pond in Elstree.

Discovery of the Murder Weapon

A labourer working close to Probert’s cottage discovered the bloodstained pistol. Because of the location that the pistol was found, Probert was one of the first people to be questioned. He quickly ‘cut a deal’ and implicated Joseph Hunt, an actor, who lead the police to where he had help hide the body of William Weare.

Thurtell and Hunt appeared at the January sitting of the Hertfordshire assizes before Mr. Justice Park. Thurtell was charged with murder while Hunt faced the lesser charge of accessory to murder.

Thurtell's Execution

Thurtell had the distinction of being the last person in England to be tried under the 16th century principles by which the accused defended himself by making a speech after the evidence had been heard against him and did not have the right to cross examine the prosecution witnesses.

As expected, both Thurtell and Hunt were found guilty. Thurtell was sentenced to death and his body to be anatomised. The charge of accessory to murder also carried the death sentence but Hunt was lucky, his sentence was commuted to transportation for life and he was later shipped to Australia’s Botany Bay.

As hanging was relatively rare in Hertfordshire, the decision was taken to build a new gallows. An innovative design was used, removing the need for the condemned to climb ladders or clamour onto carts. The new design incorporated a ‘proper’ drop and was easy to erect and dismantle; as a result this was to become the standard design and was taken up by a number of prisons across the country.

So confident were the authorities that Thurtell was to be convicted that they gave the go-ahead for construction of the gallows to begin prior to the commencement of the trial.

James Foxon, the hangman, arrived the day before the scheduled execution. Just before noon on Friday January 9th 1824, Foxon handcuffed Thurtell. The condemned man was reported to have gone to his death ‘elegantly attired in a brown great coat with a black, velvet collar, light breeches and gaiters and a fashionable waistcoat with gilt buttons’. He was led from the cell attended by the prison chaplain to whom he had just confessed his guilt.

Thurtell climbed the 5 steps to the gallows and was allowed to finish praying before Foxon placed a white cotton hood over his head and the noose around his neck.

At 2 minutes past midday Foxon pulled back the bolts and the trapdoor opened, sending Thurtell to his death. His body was left hanging for an hour, after which in accordance with his sentence, it was taken down and transported to London for dissection.

The gallows continued to be used until the last public hanging took place in Hertfordshire in 1838.

Although William Probert was not convicted of this crime he was later convicted of horse theft and was hung by Foxen on June 25th 1825.

Sources:

  • BBC News
  • CapitalpunishmentUK.org

The copyright of the article The Trial and Execution of John Thurtell in Georgian/Victorian Britain is owned by Lynda Osborne. Permission to republish The Trial and Execution of John Thurtell in print or online must be granted by the author in writing.


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