Crime & Punishment

[Brie]

Hello all,

I've just been reading the court proceedings relating to a dwellinghouse burglary in 1834. The victim was an ancestor of mine and lost between £4 and £5 worth of money/goods. No violence.

The burglar was a boy, aged 16. He was fatherless and had previously lived with the victim for a couple of years.

As I was reading I was wondering whether he would be convicted and if found guilty go to prison or be transported - but no - sentence Death.

Well that shocked me. It wasn't a mandatory sentence. Does anybody have any idea why the sentence was so harsh? Surely if they wanted to throw the book at him he could have been transported? Anyway, I wondered if there was any way of finding out if the sentence was carried out. As if it was commuted I would love to know what happened to him.

And how must my ancestor have felt, having had him apprehended. He had known him well.

Brie

[stanmapstone]

Apparently most death sentences were commuted. In the years 1800-1834 91.03% of those sentenced to death were reprieved http://www.capitalpunishmentuk.org/reprieve.html
In the years up to 1826, there were over 200 crimes which carried a mandatory death sentence and because of that, (as it says on the site) there had to be a means of stopping the wholesale judicial slaughter of minor criminals, if only to prevent a revolution.
Stan

[Billyblue]

In 1834, that was a fair amount of money.
People were transported to Australia for 7 or 14 years for what we today consider minor thefts.
Three of my lot stole a cloak (between them) and all got 7 years transportation. another stole a ribbon and a petticoat and got 7 years.
Some say it was a way of clearing the prisons, and populating the 'new land'

If you can give us a name, maybe he can be found in the convict lists.

Dawn M

[Brie]

Thank you for your replies. Stan, I'm glad that the vast majority were commuted - I seem to remember from history lessons that the harsh sentencing had led to people being acquitted and so the penalties were eventually reduced - I think that was why I was so surprised.

Billyblue, I do hope he was transported and mad good or given a prison sentence instead. His name was Charles Moore and he was 16 when convicted in Nov 1834 at The Old Bailey.

Brie

[Brie]

Stan,

Thanks for that site. An interesting read.

[Ellenmai]

There is a Charles Moore sentenced to death for stealing a watch, key and £2 2s 6d from a John W Lesingham 24th November 1834. His sentence was respited to transportation for life from Newgate Prison. Is this the same young man ?

[Brie]

Yes, it is. John W Lessingham/Lesingham was my gggg grandfather. He appears to have kept a small school and Charles Moore had been a pupil and then had subsequently lived with him for a couple of years. Unfortunately that and his age is all I know about the boy - I'm hoping he does turn up on a passenger list!

Brie

[Brie]

There is a list of everybody who was hanged in England on the website that Stan gave and I can't find Charles on it 

So possibly transported or imprisoned. If got 7 years or more might be able to spot him on the 1841 so off to have a look.

Brie

[Ellenmai]

On the Prison Ship Hulk Registers he was received on the Euralus from Newgate Prison 20th March 1835. He was then sent to van Dieman's Land, pr Asia 31 October 1835.