The story of Mad John Leigh and the murder of his sister-in-law
John William Leigh was the illegitimate son of John William Perry Farren, then the American Consul for Pernambuco in Brazil and later the Consul of the Philippines. His mother, 15-year-old Emma Leigh, was a servant in his father’s employment. He took his mother's surname and began life with her in Brighton Sussex.
His father’s wife Eliza lived on the Cliftonville Estate in Brighton and took a considerable interest in young Leigh. She had him placed in the Brighton Proprietary School, at 7 Ship Street and he received a good education.
It was found that even in his youth, he had manifested symptoms of a violent character. Some of his old school peers said that he had exhibited more than a boyish liking for firearms at that time and that one of his main amusements was to absent himself from school to have a day’s sport with a pistol among the birds around Brighton.
As he took a fancy to the sea, he was placed as a "middy ’’ on board a merchant vessel. Subsequently, he then entered the Royal Navy. He fought in the Crimean War of 1853 and participated in the hostilities in China in 1857. It was stated that he shot one of his messmates, whether this is true or not was not confirmed. But he had deserted his ship, and it is at this time it was believed he started a pirate career, a belief which was supported, due to the many wounds he had about his body.
It was also stated that he formed one of the crews of the notorious “Alabama,”
but this is not true, as it was found that he was in England when that vessel was committing its depredations. it was also reported that he had commanded a ship of his own, whether this was true or a fiction he had made up remains unknown.
He returned to Brighton in about 1863 and was known amongst those who knew him as “Captain Leigh'',
He was described as a short, stout-built man, ashen, with round small features, wearing a thin light moustache and cropped thick hair. He would generally be dressed in a velvet monkey jacket or seal-skin coat and it was said he led a wild, dissipated life for some time, and carelessly spent money.
His father died at age 62 on 23rd August 1864 in Manilla, Philippines.
With his money running out, his next step was to take the Oddfellows Arms, Queen’s Road, Brighton but after not making it work, he left and sold his property, over the next year, the last being £7OO, the three per cent consuls.
He became acquainted with Mary Whiteman, who was two years older than himself from Dunchurch Warwickshire and against the wishes of her friends on 28 Feb 1865 at St. Anne's Church, Lewes, Sussex, they were married. (John William Perry Leigh is recorded as his father's name, possibly to hide his illegitimacy)
After idling about in Brighton for some time, he and Mary moved to Brentford, Middlesex.
John tried to take over another public house but the violence of his character became known to the magistrates of the district, so they refused to transfer the license to him and he was forced to give up the house.
This refusal angered him and broke out in rage. He knocked out the windows of the house, tore down the gas fittings, broke op the stairs, and did damage to most of the furniture. At this time, he was also made bankrupt.
Becoming a wanted man for the offence above mentioned. He avoided the police for a while, but eventually gave himself up.
He was taken before the magistrates on 21 August 1865 and committed to hard labour for three months at Coldbath Fields prison, Mount Pleasant, Clerkenwell.
On his being sent to prison his wife Mary, was left destitute and so went to reside with her sister, Harriet Harton, who had married Frederick Harton, He was the landlord of the "Jolly Fisherman,” The oldest pub in Brighton.
The marriage of John Leigh and Mary, as might have been expected, was a very unhappy one. Leigh brutally ill-treated his wife, sometimes he even threatened to shoot her, and on more than one occasion pointed a revolver at her.
On leaving prison on 21st of November. he wrote to Mary several times, requesting her to join him in London, but she refused.
On Tuesday 30th January, he wrote to her asking her to meet him at the Bedford Tap, and although she knew of his violent nature and that threats he had been made against her life, and also knowing he was in the habit of carrying loaded pistols, It was deemed impudent that she attend the meeting and see him and so Mr Hastings, a cabinet maker and friend of the family went to the Bedford Tap to see if he was there but he wasn't. He had ascertained that he had been there and it was stated that he was seen with three pistols in his possession, at that time, so Mary decided not to try to find him.
It would seem that Leigh had then entertained the idea that Mrs Harton was the cause of his wife refusing to live with him, which induced a deep animosity on his part.
The following morning he attempted to force his way into the "Jolly Fisherman,” but was unable to do so, and nothing more was heard of him till the next day.
On the night of 1st February 1866, Mary finally gave in and met up with him, and she accompanied Leigh to Payne’s Hotel, where they shared some porter. They remained there only a few minutes, and on leaving, they parted.
Just after 10 o'clock that same night, John Leigh burst into the Jolly Fisherman alone and shot Harriet Horton, from a distance of about two feet. The shot struck her on the right side and passed straight through her. As she collapsed onto a customer, Leigh fired a second shot that struck her in the spine. Two more shots were fired, one ball going right through her body, and slightly wounding the temple of a man who was sitting by her side.
Leigh was captured almost immediately by Mr Superintendent Barnden, in what was described as a courageous act, and at imminent risk to himself, as Leigh had shot at him.
Since his apprehension Leigh had taken on a sullen demeanour and on a visit from his wife, she asked him if she could visit him at Lewes, he made the brutal reply that she need not come till he was swinging from the gallows!
On the morning of Friday 2nd February, Leigh was taken before the following magistrates:
The Mayor ( Alderman Mr Martin) The Ex-Mayor (Alderman Mr JL Bridgen) Mr A Bigge Esq, Mr J. Allfree Esq. Mr W. Alger Esq. and several gentleman friends of their Worship.
The murder had caused quite a sensation in the town and for some time previous to the usual hour of the magistrates sitting, the approaches to the court were besieged by numbers of people anxious to obtain admission, and immediately on the doors being opened strong rush was made to the court, which was quickly filled with an eager crowd, as was also the gallery above, many had to turn back after being unable to gain access.
After two trivial cases had been disposed of, Mr White, the Chief Officer, briefly stated the facts of the case. The prisoner, John William Leigh, was charged with shooting Harriett with intent to murder her. He was further charged with shooting Mr Suprintendent Barnden, with intent to do him bodily harm.
Soon after the case had commenced, Leigh requested, to be permitted to sit down, which was granted.
He was dressed wearing a very dirty bluish-grey coat and trousers, a black waistcoat and hunting boots. He was wearing a sulky expression and didn't seem the least bit interested in the proceedings.
During the examination of the first two witnesses, it was said he appeared to feel his position keenly, now and then wiping the perspiration from his forehead. Afterwards, however, he seemed sulky and comparatively indifferent to what was going on.
After each witness’s examination, when the Bench asked him if had any questions to put, he gave his replies of 'No'' in a firm but respectful tone.
It was reported by witnesses, that on Thursday night he had gone into the Jolly Fisherman, said nothing, but presented a pistol and shot Harriet. She ran to a man in the bar for protection and whilst she was in the act of doing so he shot her a second time in the back.
Dr Stephens was sent for and attended almost immediately, and had been with Harriet nearly the whole of the night. She was unable to attend this morning, and he was afraid she never would be able to attend.
The first witness to be called would be Charles Hastings, who was in the bar with Harriet Harton and went to her assistance, and who received a scratch on the forehead, from one of the bullets:
''I live at 29, Regent Street, and I am a cabinet maker. I was at the Jolly Fisherman, in Market Street, last night, sitting in the bar parlour with Mr Manuel, and Mrs Harton, the landlady, were also in the bar, Mr Manuel being near the door, and Mrs Harton was by the fire. I saw Leigh come into the bar with a revolver in his hand. As soon as Mrs Harton saw him she ran to me for protection, and while she was doing so, he shot her. The ball went through her back and struck me on the right side of the forehead. (Witness had a slight wound there.) Mrs Harton reached me and leant on my shoulder and asked me to save her. Leigh then placed the revolver within two feet of the woman's back and fired again, but I cannot say where the bullet hit her.
Mrs Harton then left the bar and went down to the cellar. Mr Harton, who has kept his bed for ten months, came downstairs and tried to seize the prisoner, but he escaped from him and ran out of the front door. Leigh said nothing. All that was said was by Mrs Harton, who exclaimed, ''he's killed me; he's killed me.'' I went as quickly as I could for Dr Stephens, and on my return, in about half an hour, I saw Leigh standing in the middle of Market Street with the revolver in his hand. Mrs Harton was lying on the sofa bleeding very fast. I found the bullet produced under the table in the bar parlour''.
Mr Bigge (to prisoner): Do you wish to ask this witness questions?
Prisoner: No.
Stephen Loveday was then sworn in:
''I live at 23, Pavilion Street, and I am a dyer. I was outside the bar of the Jolly Fisherman last night when the prisoner came in, and I was a yard of him when fired the first shot. I saw him also fire the second shot. Mrs Barton rushed out into the back and I went after her and found her lying halfway down the cellar steps, groaning. I got her up and took her into a Utility room, the taproom, at the back part of the house, and seated her down. I remained with her till the doctor came''.
After Mr Loveday was relieved as a witness, Superintendent Barnden (who was standing near the prisoner) said: ''Sir, the Prisoner wants to know, if he may have a solicitor'',
Mr Bigge: ''Certainly''.
Leigh: ''I would like to have a consultation with one. If you please, gentlemen, for it has all been done under very aggravating circumstances. Will you allow someone to go to my wife, Mrs Leigh, and ask her to write for some money, for I came here quite penniless?''
Mr Bigge: ''We have nothing to do with that. Mr White will send for anyone you want to see''.
Mr White: ''Certainly, Sir''.
Mr Bigge (addressing prisoner); ''I think you had better wait until we have taken the medical gentleman’s evidence, and then if you wish will adjourn the case for half an hour''.
Dr Joseph Stephens was then sworn in:
''l am a doctor of medicine and a member of the Royal College of Surgeons of England, and live at 5, Pavilion Parade. I was called to the Jolly Fisherman, last night. I went there and found Mrs Harton lying on a couch in the parlour. Some of her clothes were then taken off, and Mrs Wingfield was undressing her. The clothes produced were taken from her. (These were a jacket and under-clothing, which were marked with blood on one side) I examined the woman and found a wound, apparently from a pistol shot, under the right breast and a second wound, over the liver, at about the fifth dorsal vertebrae. I did not examine her closely then, because she was in a state of collapse from loss of blood. I examined her again this morning, and found that the first bullet had gone right through the woman; the second had lodged in the left arm-pit, and I extracted it this morning with forceps. The point of exit of the first bullet was in the lower part of the left side, between the navel and hip bone. I produced the bullet I extracted. It has passed through the left lung. The woman is now in a state of collapse and has suffered greatly from a haemorrhage. Her life is in imminent danger from the wounds she has received. If her examination were taken now, it might be throwing away her last chance of life. I took a statement from her last night''.
Mr Bigge (to Leigh): ''Do you wish to ask the witness any questions?''
Leigh: ''No, your Worship''.
The examination was then adjourned for half an hour, to enable the prisoner to consult with a solicitor.
On the prisoner being again placed in the dock, the Chief Officer said the prisoner had spoken to his solicitor, who declined to appear for him but had given his advice. The prisoner had said he would not, therefore, be represented.
Superintendent Barnden was then sworn in:
''Last night, just before eleven, from the information I received, I went to the Jolly Fisherman. I saw Mrs Harton there in a fainting state, and I was told that a doctor had been sent for. I went after the prisoner and found him at the King’s Road end of Market Street, leaning against the wall. Someone said to me, but I don’t know whether was in the prisoner’s hearing, " For God’s sake don't go near him, Barnden, or he’ll shoot you.” I said to the prisoner, “What’s all this about?" and the prisoner immediately held out a revolver from his breast and said, “ Stand off or I'll shoot you.” I said, ''Will you, by God,” and he immediately fired the pistol. I must have touched his arm and the ball, instead of striking in the breast, caught the bottom of my coat and made a hole in that and my trousers. I then closed in with the prisoner and threw him down to the ground, and several persons came up to help and we brought him to the Hall. I afterwards received the prisoner's coat from his wife at the Jolly Fisherman, and in I found in the pockets, a powder flask, a cap box with caps, and thirty bullets''.
Mr Payne then produced a revolver, a six-barrelled one, and two of the chambers were loaded and capped.
Henry Payne was next sworn in:
''I keep the Marine Hotel, Market Street. Leigh and his wife were in my bar a few minutes before the occurrence and he had a pint of Stout. He was then quite sober. He had not been gone more than five minutes when there was a noise on the street and my daughter said someone had been shot, so I went out. I saw Leigh opposite my door with a pistol in his hand, he pointed it at me and said "Standoff." I then drew back, and he went down the street to Harrison’s Hotel, where he made a stand against the wall. I saw Superintendent Barnden go up to Leigh and ask. “What’s all this noise about? Leigh said, “Stand back, or I’ll shoot you.” There was a struggle between Mr Barnden and Leigh, in the course of which Leigh dropped the pistol and I picked it up and took it to the Hall.
Leigh again when asked, said he had no questions.
The Chief Officer said this was the whole of the evidence this case had to offer for the day.
Mr Bigge (to Leigh): ''You are remanded for a week on this charge, and we hope in the meantime the woman may recover''
The second charge against the prisoner was then heard, that of attempting to shoot Superintendent Barnden. Mr Superintendent Barnden was re-sworn and repeated his former evidence. He added They were about three feet apart when Leigh shot at him.
''After I got prisoner to the Hall, Leigh said “Haven’t I shot you?” I said, “ No, you coward.” The prisoner made some reply but I did not hear what it was''
Mr Payne repeated his former statement, adding that he distinctly saw Superintendent Barnden strike the arm of the Leigh which held the revolver. When the prisoner was at the Hall, and after Mr Barnden called him a coward, he said he intended to shoot him. Mr Payne said he felt they were all indebted to Mr Barnden for the courageous way in which he disarmed Leigh.
Mr Dempster said he never saw a more courageous act. He hoped some testimonial would be presented to Mr Barnden.
Leigh was remanded for a week on this charge also.
Shortly after the court adjourned, the news came that Harriet Harton had succumbed to her injuries and died that afternoon, so it then became a murder charge.
The prisoner was told and his behaviour was one of Exultation. It was said that his behaviour after his arrest and during a visit from his wife was one unbecoming of someone in his position.
He was then transported to Lewes Gaol, later in the afternoon.
On Saturday 3rd February the inquest was held at the Town Hall before Mr David Black Esq. (the County Coroner) and a Jury with Mr G. W. Hemmings as Foreman.
Charles Hastings repeated his testimony adding that he did not attempt to get close to Leigh because there was such confusion and he was stunned for a minute over what was happening. Leigh barged past two people as he left. He went for assistance and upon his return, saw Leigh outside and pointed him out to the Police. He then heard Leigh say ''come on you Bastards, I'm ready for ya''
When asked by a Juryman what he thought it was about he replied that there had been a disagreement with Mr Harton over money owed to him by Leigh but it was established that that had been repaid last July. He then went on to say about the mistreatment between Leigh and his wife but most of these were assertions that arose from supposition, so they were not taken on record.
He continued about a disagreement between Mrs Harton and Leigh, that he had witnessed:
''Between nine o’clock and eleven o’clock on Tuesday night, he tried three successive times to force himself into the house. I was here during the day Mrs Harton was chastising Leigh for his ill-treatment towards his wife, Mrs Harton's sister and would not let him in the house. Mrs Harton prevented him from coming in by shutting the door in his face. The wife had been with him during the afternoon and she was with him at the time. Mrs Harton shut and locked the door; she locked both of them out''
Foreman: ''Did she give any reason why she would not let him in?''
Hastings: ''She just said she would not have him in the house. His wife’s child was in bed at the house —not his child. The *child is nine years old. Leigh has only been married to his present wife for about 18 months. Mrs Harton made no charge against him; she only called him names, like thief, pirate, and murderer. There were two or three persons present. Mrs Harton had told me Leigh had beaten his wife and turned her out of doors. I have never heard Leigh threaten the deceased. He lived in the house about this time last year. The first grievance was when he took proceedings against her for the money. That was about 6 months ago. So far I know that was the first quarrel, and they have been ill friends ever since. Mrs Harton had not seen him since, until that Tuesday. He was not intoxicated then and his wife was with him.''
Mr Woollett: ''Was he a drinker?''
Hastings: ''He was a great spirit drinker and last year he had fits of delirium tremens over and over again. He hardly knew how that was done''.
Foreman: ''What was his behaviour like?''
Hastings: ''He was always sensible when sober. There was always a 'method in his madness'. He's a violent man in his conversations and would often strip to show the scars on his body and I believe he had been wounded in the head, when in China. I believe has a silver plate in his skull where the injury is''.
He went on to say Leigh was always a passionate, hasty man and he thought he had been among Walker's filibuster war in Nicaragua and had sided with the rebels in China when his injury happened.
*Her daughter Harriet Elizabeth Mawby Whiteman was actually 14 years old at the time, an illegitimate child she had when she was 15 by Henry Mawby age 18 from Dunchurch. She also had another illegitimate child William Lock Whiteman in 1857 but he died less than a month later.
Next heard was the Surgeon Dr Stephens who went over his testimony, as he had said in court and stated he had taken a statement from Mrs Harton in the presence of Superintendent Barnden which is as follows:
''I Harriet Harton, having been shot at and being aware that I am in danger, state that around ten past ten tonight, William Leigh came into my house and without saying a word, presented a pistol at me. I said ''oh my God'' and he then deliberately set it off at me. I then turned to get away from him and he shot again. The first time he hit me in the side, the second time was in my back. I ran towards the cellar. Mr Loveday called out ''Mrs Harton where are you'' I replied ''Here in the cellar'' I then left the cellar with the support of Mr Loveday and went into the taproom. I never saw Leigh afterwards. He came to the house on Tuesday but I would not admit him.
Signed H Harton.
The inquest was then adjourned until three o'clock in the afternoon on Friday 9th February.
At the court on Friday 9th February, Leigh was placed in the dock again. He glanced around at the crowd of people who had come to see the spectacle. It was said his behaviour throughout was unbecoming. From time to time he would nod at someone in the court and try his best to laugh but it was evident however, that this was done with great effort, for more than once he let his feelings overcome him and he would bury his head in his hand.
The evidence from the first examination was read over, and the only additional facts added were the proof of the death of Harriet Harton from the effects of the pistol shot wounds.
Leigh asked no questions to any of the witnesses and he was committed for trial on the double charge of wilfully murdering Harriet Harton and the attempted murder of Superintendent Barnden.
After Leigh was removed from the court the superintendent was ordered into the witness box. There was a round of applause by the crowd and he was complimented by the magistrates on his gallant conduct in capturing the prisoner at the risk of his own life. The Watch Committee of the Town Council were also contemplating presenting him with a testimonial, to mark their appreciation of his gallantry.
The inquest resumed in the afternoon and the evidence was a repetition of what was given before and the coroner's jury returned the verdict of wilful murder.
The trial was in March, the spring assizes before Chief Justice Erle with Mr Kemp for defence, Mr Hurst and Mr Roupell for prosecution.
The previous witnesses gave their evidence, along with the police from Brentford, explaining his behaviour and prison sentence, he had not long finished.
Then next to take the stand was Emma Motley:
''The prisoner is my son. He was brought up and educated by a lady living in Brighton. He went to the Crimean War, as a midshipman and he went to China about 5 years ago. I did not see much of him then. After he returned from China, I saw him at Birdcage Walk. He came to me suddenly, for I did not know he was in England. He seemed strange in his manner and he said he had got a stud of horses and six public houses. He came to town again and said he had gone down to Brentford and taken a house. It was before March early in 1865. I visited him in Brentford. I went down on information I had received suddenly. I did not like to go into the house from what I had heard and I sent another son to tell him I was waiting on the bridge. He drove up in a small van he had. He was standing up in it and only partially dressed. He had on a shirt dyed magenta. He went away with a gentleman who was waiting for him and returned at night and had some very bad fits. I don't know what fits, I know of him having fits frequently after that. I went to Brentford at the beginning of May and stopped there till the beginning of June. While I was staying there he never attended to his business. He used to lay about in his clothes, he slept in his clothes and would eat scarcely anything. He would sometimes take a bit of meat or a cold potato but seldom sat down for a meal. I have seen him take a handful of green gooseberries and wash them down with two or three glasses of vinegar. This would occur two or three times in the day from May until the end of June. He would have vinegar taken up to his bedroom, as well as spirits. He drank spirits and seldom in less than half pints raw, sometimes gin, rum or brandy, or gin in all. He would do this sometimes every 20 mins or a quarter of an hour. sometimes he would appear more excited but not as if he was tipsy. His wife was living with him at Brentford. They then left the house at Brentford and came up to me. that was in July 1865. They stayed with me up til the time of his apprehension and his wife stayed a fortnight or three weeks after.
Questioning by Mr Kemp:
In what way did he conduct himself while with you?
''He was in and out every minute and would hardly stay in the house for ten minutes together. He would bring a number of men with him, sometimes four or five, he would get bottles of rum and drink it, then go out again. The people in the neighbourhood gave him the nickname of 'Mad Motley' my name being Motley. I visited him while he was in prison. The first time I saw him, he was tied up, without shoes or stockings''
Do you know why he was tied up?
''Yes because he thought he was commanding a ship, calling all the sailors''
Did he appear to know you?
''No sir, I did not see him for four days, when he became worse. He was in a padded room then and they would not allow me to see him. Six or seven days afterwards I saw him, he had a large blister on his head, there were marks on his forehead, where he had knocked his head about. He knew me then.
Do you know about his carrying a revolver?
''Yes he always used to carry it with him and he slept with it. He used to fire it off in his room, taking the necks off beer bottles, trying knobs of cupboards and making holes in the door. After he came out of prison on the 20th November, I met him and he returned to my house. He conducted himself then, just as before. He would drink bottles of spirits.
Do you know of him attempting his own life?
''Yes, the time he was in Brentford. There was a man named Crindling at the bar. He wished him good night, crossed over and kissed me, which was unusual for him and went out. The gentleman went out and knocked the pistol out of his hand. On one occasion he got on a portico and threw two bowls of silver among the people.
Cross-examination by Mr Hurst:
''He went to Brighton on 29th January. He met his wife with me at the prison door and she wished to be with him but he would not return with her and she followed him about all day''
''From the time he was seven years old until he went, I had him with me occasionally in the holidays and things of that sort. When he had the fits, he had a doctor. The fits were just as if he was dead. I never saw anybody in Delirium Tremens. the night previous to the 4th of August, when he was taken to prison, he had them very badly. He had been drinking then. He used to complain of thirst and then eat these gooseberries and drink raw vinegar
Mr Hurst ''Probably you may know that a person addicted to drinking, has a craving for acids?''
''I did not know that sir. At the time he was unable to plead, he was taken ill at the court and had to be removed. That was previous to the four days during which I did not see him''
You say he fired the pistol at things in your room?
''Yes, he seemed to enjoy the fun and laugh at people being frightened of him''
Re-examined by Mr Kemp:
''When in the fit, he seemed as if dead. Sometimes there was a slight twitching at the mouth and nostrils
Mr Kemp asked that the surgeon should be recalled to state, after hearing the evidence to explain what was the nature of the fit. His Lordship allowed the question and Dr Stephens was recalled
Dr Stephens: ''I have heard the evidence relating to the convulsions and they were probably epileptic in character.
Mr R Turner, the surgeon from the county Gaol was called by the prosecution and examined by Mr Hurst:
''I first saw the prisoner immediately after he came on remand from the Brighton magistrates on the 2nd of February. He has been under my care since.''
During the whole of that time, have you seen any indication of insanity about him?
''Not the slightest whatsoever''
Mr Kemp: ''Do you think a man leading the life he has would be subject to temporary insanity?''
''No, I do not, except so far as delirium tremens, which might be regarded as temporary insanity. I have been ten years in prison, five as an assistant, five as a surgeon and I have probably had around twenty cases of insanity in that time
In reply to a question from his lordship: ''Repeated attacks of Delirium tremens at intervals would weaken the brain and produce permanent insanity
In reply to Mr Kemp: ''Unless he had repeated attacks, the spirits would not have an effect of weakening the brain. Repeated drinking would produce more mischief in the brain if the brain had been weakened previously but in this case
the brain has not been weakened and I formed the opinion on the fact that although deprived of ardent spirits at once on his entrance to the gaol, he has not had the slightest return or symptoms of Delirium tremens
On that grounds then you say the brain is not diseased?
''My experience among 6000 prisoners and since I have been at the prison, is that the prisoner is particularly intelligent, clear-sighted, with all his faculties perfect.
Does not your experiences furnish you with examples of persons being insane and yet more skilful examiners have not been able to tell they were?
''I can't say it is impossible but where one sees a man and watches him daily for several weeks, it wouldn't be possible not to discover it. There are records of all kinds of cases but I have not had any such in my experience. I have seen the prisoner three or four times a week since he has been in the prison, at times he did not know I was watching him. After the life he is reputed to have lived for three or four months, I am surprised to see him so well physically, I could detect disease of the brain from any other cause.
Mr Hurst: ''Do you infer that his habits of life have been exaggerated?''
''I should not expect to find him as he is if he had drunk half a pint of spirits three or four times a day''.
Mr Hurst: ''Is it fact that a sudden stoppage of spirits to an ardent spirit drinker would cause delirium tremens?''
''Yes, I should judge that the prisoner was in a state of delirium tremens when he was in Clerkenwell prison. When he was apprehended in fact. Repeated delirium tremens might produce permanent, not temporary insanity. If a person had an attack one day, a surgeon would be able to perceive the next. Sometimes they would last four or five days, other times a fortnight.
Mr Kemp on summing up the evidence, urged that it was sufficient to prove that John Leigh was not responsible for his actions and that at the time he was suffering under insanity, the effects of the life he had led.
Mr Roupell replied on the whole case and said this was the first time he had heard of the defence of insanity set up without medical evidence being called to support it.
He went on to say that the only witnesses to prove insanity were the sergeant of Brentford, who certainly detailed some strange things done by the prisoner but they were just ridiculous acts of a drunken man and the mother of the prisoner, who, no doubt fondly hoped that the statements would avert the awful doom that awaited her son but all this proved was that the prisoner was a man of grossly intemperate nature. If he was insane at the time of the acts, then the plea of insanity would have been set up when he appeared at Clerkenwell. The mother's story must be looked upon as exaggerated, for it is not possible for a man could drink a half pint of spirits every twenty minutes. there is no doubt he is a big drinker and while in Clerkenwell, he suffered from Delirium Tremens but the evidence of Mr Turner showed he was not suffering at the time of the commission of the offence, for he saw him the next morning.
The learned counsel severely criticised the evidence for the defence and called upon the jury to do their duty fearlessly and conscientiously.
The judge said that on the evidence for the prosecution alone, the jury must return a verdict of guilty unless the defence had established a case on which they could find another verdict. The defence put on a case that at the time the prisoner committed the deed, he was in a state of mind that prevented him from being accountable for the act and that was a question upon which their verdict would turn because the law had established that a man was responsible for his act unless his mind was in a diseased state at the time the act was committed and he was incapable of knowing right from wrong, incapable of knowing what he was doing was a criminal act. It was not a question of whether temporary insanity had existed before, or that he had suffered from delirium tremens at other times but whether on the 2nd of February when the act was committed, he knew what he was about. The acts detailed by the witnesses might be those of an intemperate man but did they amount to insanity? and if so, did the insanity continue?
His Lordship then reviewed the evidence, on this point, contrasting it with Mr turners evidence, dwelling on the collected manner in which the prisoner had acted, since his return to Brighton on the night of the murder and then left it to the Jury decide whether or not John Leigh was legally guilty of the crime.
The jury then considered their verdict. John Leigh spent the time in conversation with his lawyer. After a few minutes of
deliberation the foreman of the Jury, in reply to the clerk of the arraigns returned their verdict of 'GUILTY'
John Leigh, who was sitting reading some paperwork in his hands, seemed unmoved by the verdict.
The Clerk of the Arraigns called upon the prisoner to know if he had anything to say why the sentence of death should not be passed upon him
John Leigh replied in a firm voice ''I have nothing to say to justify myself but I was not accountable for my actions''
His Lordship then donned the black cap, addressed John Leigh and said:
''You stand convicted upon very clear evidence to my mind, and very clear evidence to the minds of the Jury, of this atrocious murder. The sentence I am about to pronounce, and is one that the law of humanity demands on a person against whom such a crime has been proved, is one that should be an example, and a warning against the repetition of such crimes. I pray you use the time you have remaining on this earth, to endeavour to obtain mercy from the source above and my only duty now is to pass the sentence of the law'' His lordship then passed the sentence of death, in the usual form and John Leigh was taken away to await his fateful day ahead.
It was reported later, that during his time in the Crimean War, he was aboard the Tyrone, one of the government transport vessels during a storm in the black sea and it was wrecked, along with many others. John Leigh had a narrow escape from drowning that night.
This strangely verified an old adage that ''those born to be hanged, will never drown''
A memorial was sent to the Home Secretary Sir G Grey, praying for the respite of John Leigh, following the grounds of diminished responsibility and a communication was made by Sir Grey to Chief Justice Erle regarding the matter and he expressed that the matter had been dealt with and he was satisfied with the verdict and that even the prisoner had failed to provide any evidence of insanity. So Sir Grey sent his reply to the memorialists, that he could not see any reason for him to interfere with the course of the law.
During Leigh's incarceration, he appeared very penitent and quite sensible to the awful nature of his past behaviour, which he didn't try and justify.
The newspaper Sussex Advertiser received a letter from Captain Helby, governor of Lewes gaol, which read as follows:
County Gaol, Lewes,
April 7th, 1866.
Sir,
As statements have appeared in some of the local papers respecting the conduct of John William Leigh, now awaiting execution in this gaol, which are calculated to give a false impression as to his present state of mind I think it is due to the unhappy man to say, that from the time of his conviction, he has been most seriously and intelligently attending to the instructions of the Chaplain, and earnestly endeavouring to prepare himself to meet his death in a penitent frame of mind. It is possible that on one or two occasions he may have yielded, in a moment of forgetfulness, to the influence of old habits, and spoken with apparent levity to the officer attending on him, but those who have had the best opportunity of judging of his true feelings, are persuaded that a most marked change has been wrought in him since his first confinement here, and I may mention that yesterday he had an interview with three of his former acquaintances, boatmen of Brighton and that the time was occupied by him in explaining to them his altered state of mind, and in exhorting them to take his fate as a warning against the pernicious principles he formerly professed. I shall feel much obliged by your inserting this in your next issue.
Yours faithfully,
A. P. HELBY,
Governor.
As written above, Leigh was reported to have said when asked why a sentence should not be passed on him " I have nothing to say, except that I was unaccountable for my actions." An authority, who sat close to the prisoner, asserts that what Leigh actually said was to the effect that he wished to account for his actions, and had written a statement on paper that he was about to read; ( this would be the paper he was holding in his hands, at that time) but the learned judge, misunderstanding what he said, proceeded to pass sentence, and thus prevented him from giving the explanation he had wished to make about the dreadful act he had committed.
He did not once during his confinement in the gaol deny his sanity, and it was not by his wish that such defence was set up on his behalf; he merely allowed his legal advisers to defend him as they liked.
The executioner, William Calcraft, had arrived at the gaol on the afternoon of Monday 9th April, and on that day the scaffold was erected on the east side of the County Gaol.
In the evening there were numbers of lookers-on at the scaffold, watching the men giving the finishing strokes to the woodwork, and listening to the sound of the hammer, the nails were, as it were, being driven into Leigh's coffin. That hammering would grate harshly on his ear!
From an early hour on Tuesday 10th of April people began to assemble in the neighbourhood of the gaol. The weather was said to be a fine day and a market day, so that circumstance affected the number of spectators.
At half-past 10 o'clock, the numbers began to increase and Men, women and children took up positions where they could get a good view of the exhibition.
Vendors of nuts, cakes, fried fish, ginger beer, etc. bawled out their wares and prepared themselves for a large sale. Many of the people listened attentively to the exhortations of a band of Evangelists from London, who delivered short, pointed addresses in an earnest tone. Mr Beney, the well-known missionary, and others distributed amongst them several tracts published by the Religious Tract Society, whilst others, of a different bent, whiled away their time in cracking coarse jokes, and indulging in a variety of speculations as to how Leigh would conduct himself when on the scaffold.
Eleven o'clock came, and the roads near the gaol were taken possession as swarm of bees. At half-past eleven there was a great swell in the tide of human beings, most of those present being, no doubt, from Brighton, the scene of the horrid murder.
The majority of the crowd were of the labouring class, and, of course, at such scene as this, there were many youths of the short-pipe, closemouthed school, who delight in lounging about and indulging in language which it was said ''even heathens would be ashamed of''. Among the crowd, however, were some people of the middle and upper classes.
The tide of people kept rolling on. In all directions the eye rested on a dense mass of heads, vehicles of various kinds were loaded with their living cargoes, and from every place, where a good sight could be obtained, hundreds of eyes were peering on one central point, the structure of the strangulation!
Photographs of the murderer were offered for sale. Some watchers had come prepared with opera and field glasses to enable them better to observe the agony of the dying man!
The crowd rapidly increased, from half-past eleven to twelve o'clock the 20 minutes past eleven trains bringing a large number from Brighton. The numbers present were variously estimated, but it was thought that around 5,000 attended. About 28 policemen, under Mr. Supt. Jenner and Sergeant Baldwin were on duty, but the crowd were orderly, and did not, as on many occasions of this kind, give trouble to the police force.
At five minutes to twelve, the mournful procession ascended the scaffold and comprised of (besides Leigh, and Calcraft, the executioner) Captain Helby, the governor of the gaol, the Rev. R. Burnett, and the Under-sheriff, Mr. Bull (of the firm of Palmer and Bull, of London).
The unhappy John Leigh, on reaching the platform, faced the crowd, and stood firmly under the drop, with scarcely a movement of his body. He was dressed in a light coat, the same he had worn at the trial and appeared perfectly calm and resigned.
Calcraft immediately proceeded to adjust the rope around his neck, securing it to the beam above. The white cap was then put on his head and drawn over his eyes, Calcraft shook hands with him and hastened below to complete his task. In a moment or two the drop fell with an exceedingly loud noise, and the body descended with a dull heavy thud, scarcely a movement of the limbs seen, due to the black drapery which had been nailed to the front of the scaffold.
The execution was over before the clock struck twelve, and the crowd, who were very orderly in their behaviour, soon began to make their way homeward.
"Life! What would a man not give for life?"
The wretched man who has experienced his dreadful crime on the scaffold would have given everything for his life, but it could not be. Day by day, since his condemnation, his life ebbed away. Every hour left him nearer face to face with eternity. The sands of time dropped and the last one came, with a writhing, senseless form; no longer a man, but a corpse, whose spirit in a moment fled to meet that Judge who can neither be deceived nor withstood.
The sight witnessed would leave an indelible impression on the minds of the crowd who stood with up-turned faces and bated breath to witness that punishment which the law of England at that time imperatively demanded " blood for blood."
After hanging an hour the body was cut down, and in the evening it was buried within the precincts of the gaol,
After the execution, the representatives of the press were admitted to the gaol, and through the kindness of the Governor and Chaplain, we are enabled to supply the following interesting particulars :
''On Monday evening the Holy Communion, of which the prisoner had never been a partaker, was privately administered to him in the presence of the Governor, he had fully confessed his crime and declared his repentance, and his faith in Christ and his charity with all men.
Leigh retired to rest shortly after 10 o'clock but was restless during the early part of the night. About two in the morning of his execution, he awoke and complained of feeling rather faint, when the officer in attendance gave him some coffee, after which he lay down and had several more hours of sleep, arising at eight, and ate some breakfast. He appeared composed and collected, fully realising his position and resigned to it. There was no " condemned sermon," as it is called, nor any allusion made to the prisoner in his presence before the congregation but on the morning of the execution, he was purposely kept away. The Rev. R. Burnett, the chaplain, the usual chapel service, after a fitting allusion to the case, and when the solemn event was about to happen, He commended the unhappy man to the prayers of the congregation.
After the chapel service, the chaplain (whose kindness to the unhappy convict and whose endeavours to impress him with a due sense of his awful position had been unremitting) proceeded to the condemned man's cell, and remained with him, except for slight intervals, until the last moment.
When the fatal hour had arrived, Leigh was conducted to the pinioning room, Calcraft being in attendance, and during the process of pinioning, texts of holy scripture were read by the chaplain; on the way to the scaffold, where., as usual, only the opening sentences of the Funeral Service were read, the prisoner all the time conducting himself with remarkable firmness.
During the whole day, after morning service, the prisoners were kept locked in their cells, and an awful silence, not soon to be forgotten, prevailed through the prison.
Leigh's career was one of no ordinary character, and in the statements made at various times to the Chaplain, he has, we understand, given some interesting particulars as to his past life. While in China, where he went out as an officer on board a commercial vessel, he joined himself to a knot of infidels and pirates, and out of eleven reckless characters they banded together four, he stated, had come to an untimely end. They joined the body of Taepings, and on being taken prisoner by another party of insurgents, he was led out for execution, but his time had not yet come, and he escaped.
Though a man of wonderful nerve, the interviews with friends seemed too much for him, and he preferred sending letters to his wife and mother, rather than having a final interview with them.
Letters were entrusted to the Chaplain for delivery to his nearest relatives, and he seemed to appreciate the constant and kind attentions of the Rev. On one occasion he remarked to the chaplain, " I can face death as well as any sane man, but cannot face eternity."
Earnest and repeated appeals, however, appeared to produce the desired effect, and the wretched man more than once admitted the justice of his sentence, while at the same time, he diligently prepared himself for the dreaded end of his life''.
His name went down in the history books as the last public hanging , to occur outside the Lewes prison gates.
Life After
His mother Emma, at age 34, had married widower John Henry Motley a painter from Somerset on 12th December 1858. He died in 1879, ending up in a workhouse following an order of removal from his residence in 1875. Emma lived until 1900, at the age of 75 and is buried at Newham London
Harriet's Husband Frederick Harton, who was sick at the time of his wife's death, succumbed to his illness in March 1866, so he never got to see the trial or John hang for his wife's murder.
John's Wife, Mary Whiteman. I have found an 1871 census with her daughter. She is going under the name Mary Hewitt, residing with Henry Hewitt, as his wife but I have not found any marriage details for Hewitt, and her mother's maiden name is Hewitt, so she may have married a relative. They also had two children Henry Charles Hewitt (b) 1869 & Alfred Edward Hewitt (b) 1870
She is found in a 1901 census living with her son Henry Charles, his wife and family. There are several Mary Hewitts, within the London area, so cannot be clear on her death date but she was still alive, age 74 living with her son at 7 Broughton St, Queens Rd, Battersea London, according to the 1911 census.
Mary Whitemans illegitimate daughter, Harriet Elizabeth Mawby Whiteman, daughter of Henry Mawby, who was with her at the time of the Murder, was living with her in the 1871 census, she married in 1875 to Samuel Warner from Windsor Berks and they moved to the Isle of man. They had one daughter named Lilian Mary in 1886. Her husband became a Master at the House of Industry in Douglas, Isle of Man and Harriet became the Matron and they remained there until her death Death on 20 Mar 1895 at the House of Industry. Age 43.
SOURCES
1. Sussex Advertiser (1866) EXECUTION OF LEIGH, THE BRIGHTON MURDERER 11 April pg 2
2. Chichester Express and West Sussex Journal (1866) -'' The Brighton Murder'' 27 March pg 3-4
3. Brighton Guardian (1866) ''Terrible tragedy in Brighton'' 07 February pg 7
4. Eastbourne Chronicle (1866) ''committed for trial'' 10 February pg 2
5. Bring your backstory to lifeTM (no date) Ancestry® | Genealogy, Family Trees & Family History Records. Available at: http://www.ancestry.co.uk/
6. Archive, T.B.N. (no date) History’s colourful stories in black and white, Home | Search the archive | British Newspaper Archive. Available at: https://www.britishnewspaperarchive.co.uk/
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