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Blog 23: Chatham 1863 - Robert Burton was Hanged for the murder

Writer's picture: Sarah  WarrenSarah Warren

Updated: Aug 31, 2024

Thomas Frederick Houghton, age 9, was said to be a happy child, who died in a horrific murder at the Chatham Lines

Thomas Frederick Houghton was born in Chatham Kent in May of 1853. The youngest child of William Aaron Cooper Houghton from Sheerness Kent. A Military man, who was a Gunner with the Royal Navy, and Lucy Hearn who William had met when stationed in Portsea. Portsmouth in Hampshire, She had run a shop in Forts Pitt Street Chatham and looked after their 5 boys. They had moved to 6 Alma Place Chatham, upon William's retirement.

Thomas would often be seen playing on the Chatham lines at the Chatham Gun Wharf



It was here he met the horrendous end of his life at the hands of Robert Alexander Burton at the young age of 9 years


Robert Alexander Burton was born in Chatham Kent on 9th February 1844 The youngest child to Thomas Burton from Scotland. A pensioner from the Convict Service (Convict Guard) who then went to work on the Chatham dockyard as a Loading man of laborers and Ann Hunt from Chatham, who stayed at home to raise their 8 children, in a home on the High Street. According to the newspaper reports, Robert's Mother has been in a Mental Asylum twice, the records for this period have been lost, so I'm unable to look at them for the reason of her confinement.


on 21st October 1855, tragedy struck the family when his sister Harriett died aged 21 from pulmonary consumption.


He had got a job as an apprentice but then decided to join the West Kent Militia but didn't last long there and deserted with his bounty money.


In 1859 when Robert was age 15, it was stated he was working for a shoemaker on the high street of Chatham by the name of Clarke and had been accused of fraudulently misappropriating money that had been entrusted to him. On the 9th of April, he was convicted of Larceny and spent one calendar month in Prison but a later paper report states, that Clarke was never his Master and that they were just companions, I have also found they were also neighbours. (so this could be related to the bounty money he deserted with and Clarke may have dobbed him in) Whatever their connection, it seems that when he was released, he was angry and looking for some revenge against him.


On the April 1861 census, he is down as a visitor to the Clarke family household, in the High Street Chatham, where just the two youngest siblings of Edward Clarke remained in the house. He was told their brother had left the area, but he was actually in lodgings within the Chatham area, so may have heard that Robert was seeking him and moved to the Brook area.


Between five and six o'clock on Wednesday evening 23rd July 1862, the body of a respectable-dressed boy, was found in one of the fields adjoining Chatham Lines, with his throat cut and his head and face much Maimed, leaving no doubt that the poor child had been cruelly murdered. The spot where the body was found was near one of the heaps of chalk thrown up from this air shaft of the railway tunnel passing under Chatham Lines in the area of Mr. Gilbert's field and close to the Lines, which during the evening is always crowded with boys and men playing cricket and other games.

The body was first seen by a lad named Albert Tree, who at once called the attention of two men who passed to the discovery, and information was immediately given to the police.


The body was removed to the Napier Arms Tavern,



it was identified as being that of Thomas Frederick Houghton, age 9, the son of William and Lucy.

The deceased left his home in the afternoon to play on the Lines, but nothing more appears to have been seen of him until the body was discovered.


From the medical examination of the body, made directly after the body was discovered, it seemed that the murder had been committed early in the afternoon and that the deceased had died, two or three hours before the body was found.

The principal wound was one of three or four, inches in length, in the throat., which was of itself, sufficient to cause death. There was also a bruise, on the mouth and cheek as if done by a blow with the fist. The place where the body was lying gave indications that a major struggle had taken place, but there was comparatively little blood to be seen.


At Nine o'clock on Thursday morning 24th July, Mr. Thomas Hills, one of the coroners for the district, opened the inquest on the body at the Napier Arms.

At the start of the inquiry, the coroner informed those attending, of his intention to only take sufficient evidence, as to the identity and finding of the body, after which he would adjourn the inquest to give the police time to endeavour to discover the perpetrator of what there was every reason to believe was a foul murder.

The jury having viewed the body, the first witness to be examined was George Houghton. age 19, who identified the body as that of his brother. The deceased was nine years of age. and the witness last saw him alive on the previous day when he was in his usual health and spirits


Albert Tree, aged 14 who resided at Park Place in Brompton, Kent and stated that he was returning from school the previous afternoon, and went to play with other boys on Chatham Lines 'They had been playing for about three-quarters of an hour at "Hunt the hare,' and were near the mound of chalk at the air shaft in Mr. Gilbert's field. He was about to hide himself when he came across the body. He at once gave the information to two men who were passing, and they proceeded to the spot.

The coroner said he supposed the police would be able to find the two men.

The sergeant of police replied that they would be produced at the advanced inquest. The witness continued and stated that the time saw the body was between five and six o'clock. He did not get close to the body. and therefore could not say what state it was in and when the two men saw it, they sent him off to get the police.


The Coroner said that was the whole of the evidence he proposed taking that day, for it would be useless to attempt to carry the case any further until the police had an opportunity given them to investigate the matter and endeavoured to ascertain who had committed the wretched deed.

The assizes were about to commence, and thus it would be impossible to complete the case in time for them, therefore he thought that the police ought to have some time to give to them to make their investigations.

He then remarked that he would not be satisfied with taking an open verdict, and therefore it would probably be some time before he closed the inquiry and he was delirious about getting the mysterious affair cleared sp.

After consulting with the superintendent of police and the Jury, the Coroner adjourned the inquest for a week.


During the day the place where the body was discovered was visited by a large number of people with morbid curiosity.


From circumstances which had transpired on the same day, as the inquest, it was then believed the police would be enabled to throw some additional light on this mysterious murder at the adjourned inquest by the coroner.


It turned out that at a late hour on that Thursday night, a young man who stated his name, Robert Alexander Burton, had approached PC Hibbert, 469. who was on duty in Chatham. and he informed the officer that he wished to give himself up for the murder of the boy whose body was discovered. PC Hibbert questioned him and Robert stated that had murdered him, so that he might be hung, as he was tired of his life. He was then taken before Superintendent Everist and repeated the same words that he had used to the Police-constable, and informed the superintendent that he wished to tell him how the murder was committed. After receiving the usual caution, the accused voluntarily made the following extraordinary statement;


He said was weary of his life, and therefore was determined to kill someone, but did not care who it was, as he was anxious to be hung. He had been walking in the streets and met the young boy, with his mother. He then decided that the boy was going to be his victim. After following them for a distance, he saw the mother go into her house, after giving the boy permission to play on the lines. This was around two o’clock on Wednesday afternoon. He then followed the boy to the place where the body was discovered, thinking that was a favourable place for carrying his intention into effect, the unfortunate child, after accosting him, he then knocked him down and dragged him a short distance. The deceased, he states, struggled very much and made every effort to free himself, but he succeeded in getting his knife from his pocket, and with it he cut the boy's throat, severing the windpipe.


Robert then, in answer to the superintendent's remark that there were several bruises on the face of the deceased, said he only gave one cut the throat and denied doing anything else. The deceased, after receiving the wound of his throat, struggled a lot and seized Robert's hands. Robert shook him off. and as he did not die quick enough, Robert then knelt on the child and pressed his hands tightly around his throat until the blood flowed from his eyes and nose, and he was dead.

In reply to Superintendent Everist, the accused stated that the murder was committed shortly before two o'clock on Wednesday afternoon and that while he was struggling with the deceased, he said he saw two men in Mr. Gilbert's field, in which the murder was committed, but they did not see him.


After the murder, he proceeded across the Lines, where he met a gentleman dressed in black coming toward him. and, fearing that he might see his hands, which were covered with blood, he hastily thrust them into the pockets of his trousers. Before leaving the body, he had wiped off as much of the blood from his hands as he possibly could, on the front of the shirt worn by the deceased. then proceeded to the Military lathing pond, where he washed the blood off his hands, face, and clothes, and also cleaned the blood from the knife.

Afterward, he said he went into the town, and the same night hid the knife in the water closet of the house at the rear of the Dark Sun public house in the High Street. Chatham.


After receiving this statement from the prisoner, Superintendent Everist immediately searched him and examined his clothes, where considerable quantities of blood were found on them, especially on the sleeves of the coat and the legs of the trousers. There were also stains of blood in both of the side pockets of the trousers, evidently made by the prisoner’s hands after thrusting them in the manner described above.


The police then proceeded to the building mentioned by Robert and the knife which he stated he murdered, was found in the place he had described. The shirt worn by the deceased was likewise examined and the marks of blood from a person's hands that had been wiped were found.


On Friday 25th July, the accused was placed before the Rev. J. Formley, Mr. J. Hulkes, and Mr. J. Foord, at the County Magistrates Justice Room, Rochester, charged on his confession, with the wilful murder of Thomas Frederick Houghton. The prisoner was described as a rather short but strong and stout-built youth, with light hair and complexion He was said to have a mild expression of countenance and during his brief examination treated the whole proceedings with the greatest indifference. His antecedents are stated to be not of the most favourable character due to his previous convictions of Larceny and desertion.


After the charge had been read over to the prisoner by Mr. Furrell, the clerk, he was asked by Mr. Formby if he had any reason to offer why he should not remanded until Monday. The prisoner replied that would rather be tried that day if he could.


The accused was then remanded until Monday 28th July, and removed from the justice room. On his way to the van waiting to convey him to the cells, he was assailed by cries of execration from a mob of women and others that had assembled around the door of the exit from the court. hearing this, Robert remarked to the police that he would as soon treat some of the women the same way he had treated the deceased, he was also said to have remarked that as the case was so clear, the magistrates could have proceeded with his examination once, without remanding him.


On the morning of Monday 28th, Robert was placed at the bar before the Rev. J. Formley at the county magistrate, Rochester, by Superintendent Everist of the Kent police. He was said to have manifested the utmost coolness, apparently being the least interested person in the court. The moment the doors were opened, a crush of both sexes, anxious to obtain a view of him, entered the space devoted to public areas and created some confusion for a short time, much to the amusement of the prisoner, who smiled and even laughed until the situation was resolved, then he resumed quickly into a composed demeanour. The prisoner had seated himself In the dock, and upon being ordered to stand, he rose with military alertness, which no doubt was due to his training the militia, and he stood to attention.


Superintendent Everist said that he did not propose taking any further evidence on the present occasion and it would be very desirable to have the prisoner be remanded to a future day at which time the case against him would be more complete.

The Magistrate - ''Well, prisoner, what have you to say why you should not again be remanded''

Robert replied ''I'm not going to object. I have nothing to say. You may remand me if you like''.

Magistrate: ''Very well, you stand remanded''

The prisoner was then removed from the dock quite unconcerned.


On Wed 30th July was the final examination and committal for the murder at the Rochester County bench.

Present was the Earl of Darnley Rev. J. Formby, Rev J. J. Marsham, and W. H. Nicholson, Esq.


Robert Alexander Burton was brought up, and seemed unconcerned at his situation and was said in fact that 'he appeared rather to glorify in his infamous deed'.

The most excellent arrangements were made by the police preventing any uncomfortable crowding of the court and during long sitting the greatest order was maintained.


The witnesses were called:

Albert Tree. 13. Park New Brompton, gave his testimony again


Thomas Everist was next to take the stand — ''l was coming from Gillingham to Chatham Line on the evening in question and was going across Gilbert's wheat field when the last witness came and told him that he had seen the body of a boy near the heap of chalk. He accompanied him to the spot and there found the body of the deceased. He felt him and found that he was dead and cold. I remained with the body until Police Sergeant Fisher came. I did not see the prisoner all that day. I knew the deceased. There was another person present until Sergeant Fisher came''.


George John Henry Houghton said he was employed in her Majesty’s dockyard Chatham, and when returning from his work the previous informed that a murder had been committed on the Lines.

''I immediately went there, and arriving at the chalk heap in Gilbert’s Field saw the dead body of my brother. He was nine years and a few months old. I have known the prisoner for three or four years but do not recollect acting him on the day when the murder was committed.


The Police gave their evidence and eventually, he was committed to the Summer Assizes but his defence requested him to be tried at the following assizes as he wished Robert to be assessed for his mental instability, due to his behaviour.

Robert

At one time while awaiting his trial, he became very violent and threatened to destroy himself, but of course, he was too closely watched to make any attempt at this.


The Assizes were opened by Justice Wightman on Monday 16th March 1863.


His Lordship arrived in the town on Sunday by the 1.50 train, and at once proceeded to his lodgings, where he was afterward waited upon by the High Sheriff (Samuel Long, Esq.), the Sheriff's Chaplain (the Rev. Ollive Hollingworth. (incumbent of Christ Church, Turnham-Green), the Under Sheriff (Mr F. Scudmore, Esq.). His Lordship then proceeded to the Sessions-house, to open the commission, and his return to his lodgings was met by the Mayor (G. Edmett. Esq.), and the corporation, who accompanied his Lordship to All Saints' church where the sermon was preached from the 1st Kings x. 9 by the Rev. Ollive Hollingworth, the prayers being read by the Rev. D. D. Stewart.


Robert's case was brought before the court on the 16th but when the case was called, there was considerable difficulty in forming a jury. The counsel for the prosecution objected to Maidstone Men, on the account of the fact, that there is an association there against capital punishment, on which account a remarkable case arose a few years ago (which was carried to the Criminal Appeal) to the right of the Crown to set aside jurors without special cause assigned, so long as the number remained upon the panel to form a jury. The counsel for the Crown having that case, in like manner, desired Maidstone men to stand aside for the reason stated.


On the other hand, the counsel for the prisoner objected to Chatham or Rochester men on the account, of the impression entertained in that neighbourhood, where the prisoner had resided, as to the responsibility for his actions.

The Clerk of the Assizes. as usual, was willing, if possible, to accommodate both parties, he desired Maidstone men and the Chatham and Rochester to stand aside in the first instance, but, finding that thereby he should not be able to form a jury, he then proceeded to recall the names. putting the Crown and the prisoner alike to their rights of challenge. The result was that it happened, No Maidstone or Chatham men were called upon the panel, but several Rochester men were.


The prisoner, previous to the calling of the panel, was placed in the bar and called upon to plead. He appeared to understand the nature of the case, and he replied ''Guilty'', and upon the clerk of Assize explaining that the charge was that had wilfully and maliciously murdered the boy, He again stated that he desired to plead “Guilty.”

Mr. Ribton, counsel for the prisoner, said his delusion was that he desired to be hung


The learned Judge, with great firmness of voice and tone, at once said ''Let the prisoner understand that the charge is one of wilful murder, and that plea of not guilty did not mean denial that he might be guilty of the act, but the effect of it was no more than the desire to be put his trial; and it was far better purposed, that the prisoner should plead Not guilty to be put on trial'' and he then said with emphasis ''and warn the prisoner that the plea of Guilty will have no effect whatever upon the Court to averting the sentence the law, and I advise him, therefore, retract that plea and plead Not guilty''.


Robert, who had listened to these emphatic words with apparent intelligence, at once acceded to the suggestion, and pleaded not guilty.


The effect of this —in the presence of the persons who were being called and impanelled jurors, was a comment upon the statement of the prisoner’s counsel, that he was labouring under insane delusions, was very great.


The prisoner having pleaded, the panel was called in regular order, and it so happened that, beginning at the top. The Maidstone men happened to be at the bottom, so no Maidstone men were called; nor were there any Chatham men called; but several Rochester men, one of which was challenged by the counsel for the prisoner, and in the result a jury was formed, composed of men of the county generally, but including several Rochester men.

The jury then having been formed, the case then proceeded.


Mr. Barrow and Mr. Marshall appeared for the prosecution; Mr. Ribton and Mr. Willoughby appeared for the prisoner. The prisoner was then given charge both upon the indictment and the coroner's inquisition for the wilful murder of Frederick Houghton of Gillingham, on the 23rd of July.


Mr. Barrow stated the case for the prosecution, and in doing so adverted to the defence of insanity which he understood to be a setup but to which, he observed, it would be for the prisoner’s counsel to call and establish it, and it was not for him to anticipate what the evidence might be. It was enough for him to remind the jury that every man was presumed to be sane until the contrary was proved and that so far he could see in the circumstances of the case itself, there was nothing to indicate the presence of insanity in the mind of the prisoner. On the contrary, he gave the clearest and sensible and circumstantial account, not only of how he had committed the act but of the feelings under which he had done it, and of how he had been engaged during the day on which the deed was done.

If witnesses were called to substantiate the defence of insanity he should have an opportunity of observing the evidence, and he should content himself with proving that the prisoner had committed the act, which was one of wilful murder unless that defence was sustained.

The boy was 9 years of age and was described as a cheerful little fellow, always singing. was playing on the Lines in Chatham, when the prisoner seized him The attitude in which he was found (with his arms held up) and the state of his dress showed that he had struggled hard for his life. The braces that fastened his trousers were torn. his trousers pulled down, and his shirt out, which showed he had suffered extreme violence. The neck, too, was much discoloured as if with pressure.

The surgeon stated this as the last fact and described it as the tightening of the boy's neckerchief.

Mr. Ribton elicited that before the magistrates that the prisoner had corrected his evidence on that point, saying “You are wrong in that respect, it was not the handkerchief by which it was done; I did it with my hands''.

The prisoner was proved to have said, ''I murdered the boy on the Lines;” that he stuck him in the neck, and ! threw him down, grasped him by the neck, and squeezed him until the blood gushed out of his nose and mouth: then he knelt upon his belly, and trampled upon his face and neck.


The Police Superintendent stated that when he gave the prisoner the usual caution, he said ''I have made up my mind, to tell the truth, and to tell you all about it,” and then went on to say, “ I saw the boy on the Lines and asked him to round the Chalk, and that was the place where I did it.” On its being said in his presence that the boy was stabbed on the left side of the throat,


Robert said, “No, it was on the right," and added, “He struggled and fought very hard with me to the last. He Caught hold of me several times on the arms, and once the necktie, and perhaps you will find blood upon it.” he added, that he knew the boy and knew his mother, but I had no particular ill feelings against the boy, I had only had made mind to murder somebody and then showed where the knife was with which he had done it, and which he had secreted in a certain place; and observed, seeing the policeman examining it, “it’s of no use looking for blood about it, for I I cleaned it by jobbing it into the ground.” He afterward said, ''When I had the boy was down, and while I was on him, I saw a man twice by the place, and another man some distance off.”


On a subsequent occasion, he said to the Superintendent, “ I want to tell you some more particulars. I don’t want to see the mother the the boy. That is the only thing that touches me. You see her and ask her if she does not recollect being with the boy about 1 o’clock, the lower end of Chatham. That’s the first time I saw him. She’d recollect it if you asked her.

After I killed him my hands were wet with blood, and I wiped them on the ‘boy’s shirt he then described how had washed his hands in the pond, and afterward went to the place where he had a job to do. Afterward, the prisoner said it was for Mr. Clark (whom he referred to) who had prosecuted him, and (the prisoner) had made plans to murder him when came out of gaol, but that he had left the place.


Mr. Ribton elicited, in cross-examination of the superintendent, that when the prisoner said he had made up his mind to murder somebody he said he was tired of life.” Pressed to whether he had not said he was determined to be hanged,’’ the witness said he was not certain about that but did not recollect it. He had said he “should give no trouble about it, and should plead ‘guilty,’ and further that ''he was sorry for the poor mother.’’


The mother was the next witness called. She was overwhelmed with grief and was hardly able to answer the one or two questions proposed to her. The effect of her evidence was merely to show that the poor boy had been with her on the day and the time mentioned by the prisoner.


Robert throughout the evidence had seemed to follow with perfect intelligence, although at first he was indifferent, and now and then smiled at some casual detail, he appeared to be aware of its importance.

When his counsel rose to address the jury on his behalf he disposed himself to listen to him with an aspect of the most earnest attention.


Mr. Ribton addressed the jury at some length on his behalf. He was not disputing the facts that he had been proved, but opening and enforcing the defence on the grounds of insanity.

On concluding a very lengthened address the learned counsel implored the jury not to send to the gallows, the victim was of a distempered fancy and a disordered mind.


Evidence for the defence was then gone into:

A person named Andrews, to whom the prisoner was his apprentice in 1859, stated that he “had a very vacant; look” and “no set purpose,’ and when told to do anything he would often run about, looking up the sky as if he were a maniac. Very often he would drop his tools run out of the shop, and pace back and forward as if absent of mind. In May 1860, he went away. and returned in a few days looking in a most wretched state as if he had been surfeited he said he had been in Canterbury to try enlist as a soldier and had been in the barracks and that he had run the whole way back. He remained for several months and then went away again for a few days. The witness took him back, but in the early part of 1861 went away to Portsmouth and back after ten days The witness however would not let him back, and, with permission from the father, burnt the indenture. The boy was not like any other and could not be depended on.


Another witness who knew the prisoner while under apprenticeship said he was deeply concerned with the belief that he was of unsound mind on account of his vacant mind and at times showed violent behaviour

On one occasion he found him in the storehouse with his eyes fixed was a glaring stare upon the ground, as if unaware of the presence of the witness. He was remarkable with incoherent thought and expression. on one occasion he had begun singing a hymn but then broke out into one of those lighter airs that were heard at the debased concerts of the day. He showed sudden changes from seriousness to levity, which the witness said, one who had not witnessed it could feel the depth of the impression it had on the human mind.


Another witness stated that he had known the prisoner for some years and described him as “ flighty and had strange ways''. He had been known to eat soap and to bite a candle. On other occasions, however seemed sensible enough and said he liked his trade.

Being asked whether last year he had observed anything eccentric in his behaviour, the witness said he had not except that on one occasion he saw him eat something—what it was he did not know, but heard about a cat


Another witness was called to prove what had been stated about a cat. A lad. said, he wanted a cat killed, and after it was killed the prisoner said he would eat a piece of it. and he cut a piece off the hind quarter and ate it. then Being asked what had become of the cat the witness said it was sent to the bakehouse. being asked whom it was sent, he said, “ We all put it in pie and sent it.” (This answer, which had the effect, of course, of implying the imputed conduct to himself and the other boys, as well as the other prisoner, seemed to take the prisoners counsel by surprise, and was not expected). When pie came back from the bakehouse the prisoner ate some of it.


Mr Barrow declined to cross-examine these witnesses


A Surgeon practicing at Chatham was then called and stated that had attended to Robert's family and had sent his mother on two occasions to a lunatic asylum. The prisoner's brother, too, was of weak intellect peculiar-looking, was dissipated and answered in monosyllables and used silly expressions. All these aberrations had their origin in functional organ derangement of the brain, which could not always detected even in dissection after death, and which was necessarily a matter of speculative opinion. On two occasions, however, he had attended the prisoner himself.

Mr Ribton —What is your opinion as to his sanity?

Witness- l believe he is labouring under what in the profession would be considered as 'moral insanity— that is, he knows perfectly well what he is doing, but has no control over himself.

Ribton.—l presume that by moral insanity you mean a disease of the moral feelings distinguished by intelligence? By the moral feelings, I mean the propensities. May they be diseased while the intellectual faculties are sound?

Witness.— Yes, as a matter of science, I should say so.


The learned Judge.—As a matter of science? It is hardly necessary to have recourse to science to learn that the moral faculties may be diseased while the intellectual faculties are sound. no doubt, there may be a disease of the moral feelings while a man is in perfect possession of his senses.

This closed the evidence for the defence.


Witnesses were then called In reply on the part of the prosecution to rebut the defence of insanity set up.


A witness who had known the prisoner for some years and had never known him to say anything about killing a cat, and never saw anything in him which showed that he was not in his right mind, quite the contrary, he was an intelligent lad. and never saw delusions in him.


Mr Joy, the surgeon of the prison, was then called and stated that he had observed the prisoner ever since he was put in confinement, and, in his opinion, Robert was perfectly sane, nor did he ever observe that he was under any delusion.


Another of the medical attendants was called and gave similar evidence as to his belief in Robert's Sanity.

He was cross-examined the same way, and the same question was put as to the supposed case of a man with the desire to be hanged and to which he said that no doubt such a man was under delusion.


The learned Judge.— What is the delusion under which you propose he would be labouring?

The witness appeared perplexed by this question, paused for some time, hesitated, and at last said it was hard to define it, but he should suppose there must be conceptions.


Mr. Ribton, in summing up the evidence for the defence, insisted that his client, the prisoner, had a vehement desire to be hanged, and urged that this was the strongest proof of insanity.


Mr. Barrow then replied on the part of the prosecution and he began saying that he had observed the judges and juries often bad painful duties cast upon them, from the performance of which they must not shrink. The question in this case was whether the prisoner, at the time of the act he committed, was in such a state of mind as not to be responsible for his actions. The argument for the defence came to this—that defect in the moral faculties was tantamount to insanity, and, in short, the defence went wholly to confound depravity with insanity. So according to this theory of insanity, there could be no such thing as criminality, or crime I would easily secure perfect impunity.


JP Wightman then addressed himself, to the summing up of the case. and did so amid intense interest on the part of a densely crowded audience. In concluding his address, after referring to the plea on insanity, set up by the prisoner's counsel, the learned judge said It was urged that the prisoner did the act, as he wanted to be hanged and so was under an insane delusion; but what delusion was he under? So far from it, it showed that was quite conscious of the nature of the act and its consequences. He was supposed to have the desire to be hanged, and to attain that he had to commit murder. That might show a morbid state of mind, but not a delusion. Homicidal mania, again, showed no delusion. It merely showed a morbid desire for blood. Delusion meant the belief in what did not exist. The question for the jury was whether the prisoner at the time he committed the act was labouring under insanity as to be unaware of the nature, the character, or the consequences of the act he committed. In other words, whether he was incapable of knowing that what he did was wrong. If so, they should acquit him otherwise they should find a verdict of Guilty.


The jury retired to consider their verdict but were not gone long and returned to court where they pronounced him Guilty

This verdict seemed to give general satisfaction.

After a brief pause the clerk of assize called upon the usual form, Have you got anything to say on why your sentence of death should not be passed upon the prisoner merely said, ''No, my Lord"


Justice Wightman then put the black cap, and, addressing the prisoner, said that the jury, who were the proper judges of the facts, after most careful consideration of his case, had found him guilty of the crime of wilful murder; and could not help observing that it was one of the most barbarous and inhuman murders that he had ever come under his cognizance during judicial experience of 20 years. His victim was a poor little boy, not ten years of age, who was described as an intelligent, harmless boy, who had never given him the slightest offense, and who had been murdered under circumstances so cruel that would forbear from making any further allusion to them. was said that he was labouring under morbid desire and anxiety to die at the hands of justice and that he committed the murder with that object. This morbid desire to part with his own life could hardly be called a delusion, but it showed that was perfectly well able to appreciate the consequences of his act, and that he was committing a crime that was punishable by law with death, and this, as it appeared to him, was an aggravation of his offense. For such crime, there could be no hope of mercy for him in this world, and he must, therefore, exhort him to cast his thoughts beyond the grave, and endeavour to silicate repentance to obtain that mercy from Heaven which he could not expect here. His lordship concluded by passing a sentence of death in the usual form.


Robert heard the sentence of death, which was said by the newspapers to have been given most impressively and earnestly by the learned judge, with the utmost indifference. It was said he was laughing, nearly the whole time his lordship was addressing him. and when he concluded Robert put his finger up to his forehead and called out with a big smile and said "Thank you, my lord," and then stepped down the stairs leading from the dock state of perfect unconcern.

This was followed by almost a cry of horror from the densely packed courtroom.


The day after his conviction, he was taken to the Chapel and he conducted himself in such a violent manner, it was deemed necessary to have him removed.

The chaplain was unceasing in his efforts to bring him to a better frame of mind, but he remained most hardened and impenitent.

The chaplain had previously remarked to him that, after how he had rejected his exhortations, he should not visit him anymore, except as a matter of duty, until he sent a request to see him.


He maintained this recklessness of conduct up to Wednesday 8th April, when he was visited by his sister and an aunt, who besought him to think of the dreadful position in which he stood, but without making any apparent effect upon him. In the evening, however, his manner became much altered, and he read some verses which had been forwarded to him by a nephew (who he was said to be very fond of), with great attention.


On the evening of the above day, Robert then sent the following letter to the Chaplain:—


“T am heartily sorry to think of the way in which I spoke to you yesterday, and in the way in which I slighted your good advice lately, but by the blessing of God, from this time forward, with your kind assistance, I will try and humble myself to the Almighty for forgiveness of my former sins, which are very many. And you will greatly oblige your humble servant by coming tonight to pray with me''.

Robert A. Burton.


From this time he displayed the utmost desire to prepare himself for the fate which awaited him and expressed deep contrition for the crime of which he had been guilty. The culprit was particularly anxious to obtain the forgiveness of the mother of the murdered boy, and on the afternoon of Friday 10th April, he wrote a very penitent letter to her, to which he received the following reply:—


6 Alma-terrace, Friday Evening, 6'oclock

''Robert Burton, I, the mother of the poor murdered boy, whose fate has caused great distress in the family. It has caused the death of his poor father, and I, myself am very much distressed in mind, I have four dear boys left. I hope the Almighty God will be their guide and comfort to me, and your loss our gains; and may it be a warning to mine and to those whom you were acquainted with. Robert, I really must say I feel for your dear mother, When she comes to hear that you are exposed for the crime you have committed, her distress of mind I fear will be great. You must think I, myself feel it very much, he, being my youngest and such a lively child. God bless him. Robert, with a heart full of grief, I forgive you, and may the Almighty God receive your soul into rest, is the sincere prayer of a bereaved mother. Lucy Houghton.”


On reading this, he was said to have been much affected by it and said he should now die happy.

The holy communion was administered to him, at his request the same evening. He did not retire to rest until near midnight, when he slept till about half-past one, at which time he got up, and remained in prayer for about three-quarters of an hour. He then lay down to sleep again, requesting the warder in attendance to call him at 4 o’clock. At that hour he again rose, dressed himself, and was occupied till seven, writing letters to his friends and acquaintances,


Rev Woolmer visited him at eight o’clock and stayed with him till the time of service at the chapel. After the service, the prisoner engaged in devotion, partly with the chaplain and partly in private, until shortly before noon.


Proceeding to his cell was the Under Sheriff (Mr. Scudamore), the Sheriff’s agent (Mr. Palmer), and the usual officials,  followed by William Chalcraft (the executioner)


He received them without the least sign of trepidation, and quietly submitted himself to the process of pinioning, remarking to the executioner, ''I am quite ready''


He then walked to the place where the gallows had been erected and ascended the steps leading to it with a firm step. The chaplain and under-chaplain remained in prayer with the culprit for a short time in the room adjoining the scaffold, and at about ten minutes past 12, he came out upon the drop.


He took no notice whatever of the vast crowd below, but at once placed himself under the fatal beam, clasping his hands in an attitude of prayer. At the concluding sentence of the burial service, the culprit exclaimed in an audible voice, “ O Lord, remember me'' In another moment the bolt was withdrawn, and his life ended on 11th April 1863.


Calcraft afterward observed that in all the time he had been at this horrid work, he had never seen one die so quickly. According to the usual practice, the body remained hanging for an hour, when it was buried within the precincts of the gaol.


It was stated that there were upwards of 6,000 people present, with many females and children but the crowd was very orderly and after the execution quietly dispersed.



LIFE AFTER

Robert's crime was kept from his Mother, for fear of it affecting her mind again, which was why she never visited him in prison. Both his parents ended up in Chatham Workhouse and his Father died, age 67, on 28th Oct 1864, after suffering for two days from 'Paralysis'. His mother died, age 63, on 24th Feb 1866 from 'Old age', also at the workhouse.


William Houghton, the father of victim Thomas, as you read in his wife's letter to Robert, never lived to see his son's murderer hang, he died of Dropsy and gangrene on 6th Jan 1863 age 68 at his home in Alma Terrace, his wife Lucy was present at his death. She died on 11th Dec 1863 at age 50, also at their home in Alma Terrace. She had never recovered from the horrific murder of her child and the loss of her husband. She had been suffering from a disease of the heart and had also suffered from Dropsy for 6 months before her death.

If Lucy hadn't died then, she would have had more heartbreak, All their children followed their father and went into the Royal Navy, and on 14th December 1865, her second youngest son, Aaron Chanock, age 18, who was serving on the HMS Bombay was killed when the ship caught fire in Montevideo, Uruguay. It is believed the onboard Rum caught fire. The rest of her children lived into old age.


SOURCES

  1. Bring your backstory to lifeTM (no date) Ancestry® | Genealogy, Family Trees & Family History Records. Available at: https://www.ancestry.co.uk/

  2. General Register Office (no date) General Register Office - Online Ordering Service - Login. Available at: https://www.gro.gov.uk/gro/content/certificates/ (Accessed: 16 MAY 2024)Archive, T.B.N. (no date) History’s colorful stories in black and white, Home | Search the archive | British Newspaper Archive. Available at: https://www.britishnewspaperarchive.co.uk/

  3. Kentish Mercury (1863) 'The Chatham murder' pg 6-Faversham Times and Mercury and North-East Kent Journal (1862) 'Mysterious murder at Chatham' pg 2

  4. Kentish Chronicle - (1863) 'EXECUTION OF THE MURDERER BURTON' pg 4

  5. Pictures and historical info from Wikipedia https://www.wikipedia.org/

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