by Harry Nankin
As the jury were being sworn in, the prisoner, who, to judge from his appearance, was entirely oblivious of his surroundings, kept his eyes fixed upon the floor of the court, occasionally casting an anxious glance at his Lordship.
The Judge, (to prisoner): “have you a counsel to defend you?”
Prisoner: “no.”
His Lordship: “I have asked a learned member of the Bar to defend you, if you wish it. Do you wish to be represented by Mr Boddam, whom I have selected?”
Prisoner: “Yes.”
His Lordship: “Very well. I am much obliged to Boddam for undertaking your defence.”
The case completed, The Clerk of Arraigns stood and asked the jury, “Gentlemen, are you all agreed upon your verdict?”
The foreman: “We are.”
The Clerk of Arraigns: “Do you find the prisoner at the bar, guilty or not guilty?”
The Foreman: “Guilty.”
The Clerk of Arraigns: “And that is the verdict of you all?”
His Lordship, having assumed the black cap, said that the prisoner had been found guilty of the wilful murder of his uncle, George Pickerill, and in his opinion, it was impossible for the jury to have arrived at any other conclusion than that which they had arrived at.
The strength of the case for the Crown was, in his judgement enormous, though the learned counsel for the defence, Mr Boddam did his best, but he, (the Judge) felt the effort was useless against the evidence of the crown, He implored the prisoner not busy himself up with false hopes. His Lordship then passed the sentence of death in the usual form.
The prisoner, who manifested the greatest unconcern throughout the trial, received the sentence with apparent indifference and calmly walked below.
He was taken to the local Shrewsbury prison to await his fate during which time the prisoner spent much time writing to relatives.
Arrowsmith was frequently visited by the prison chaplain, in this case the Rev., R. H. Barber. It is recorded the two spent many hours in contemplation.
As a result it seems that Arrowsmith eventually confessed to his crime of murder. As a result the details of the confession were sent to the Home Secretary in London by Captain Roberts the prison governor.
At that time the government had issued strict instructions to the prison governor that the details of any such confessions would not be released. As a result the confession contents were not released.
A great occasion was made of executions in those days, many hundreds of men, women and children attended. Fancy goods were sold; it was almost a carnival atmosphere especially if the condemned addressed the gathered crowd. To ensure a vast crowd the event was well publicised in the local press.
By the year 1888 things had changed. Executions were no longer in public but held within the prison walls. This did not however prevent large numbers of people attending.
On Tuesday the 27th of March 1888 Berry the executioner arrived in Shrewsbury on the 8.05am London and North Wales train. He had been in Winchester, where he had been carrying out an execution.
It was generally expected that he would have reached Shrewsbury by the 6.06am Great Western train from Reading. The railway authorities thought so too, and took steps to prevent a large crowd of spectators assembling on the platform.
This precaution however, proved to be unnecessary, for Berry did not put in an appearance then, but on the arrival of the 8.05am London and North Wales Express.
He quickly vacated his seat in the last carriage and, carrying a small black bag in his hand, slipped out of the station exactly as a fox would; if the opportunity served make his escape from his pursuers; and without being detected by more than a score of persons.
Berry had in his possession a neatly-made leather case in which he carried two or three of his own photographs, and whenever he came to the conclusion that he had met a gentleman really interested in his calling as he travelled about the country, he invariably presented the said gentleman with a photograph. Sometimes he promised to send one by return of post and instances of him doing so had been demonstrated indicating he had a very good memory.
Berry is aged between 33 and 35 years of age and is 13 stones and five pounds in weight. He stands five feet eight and half inches in height.
He has a wife and several children living in Bradford, where numerous cabs and wagons bear the name of James Berry, ply for hire.
This execution makes 119 that he carried out since his appointment including about a dozen double ones.
Berry carried three ropes with him consisting of a new rope and a second one he had used on several occasions, on which a Dr. Cross of Ireland had been executed.
When it was put to Berry, if Dr Cross was not one of the most famous to have passed through his hands he had replied, “Oh no I have had to execute a lot of good fellows in my time.
In connection with the execution of Dr Cross, Berry gave the following account of how he eluded the waiting crowd upon his arrival.
“I made myself a pair of black eyes with charcoal and grease, and bound up my head with a handkerchief as if I had got a broken skull, and I put some horse halters around my middle and I had black patches on the elbows of my coat. “
“Then, when I stepped out of the train on the platform amongst the crowd, I asked someone who they were looking for. He said, “Don’t, ye know its Berry we want to see?” I said, “I wouldn’t go two yards to see that man” and so I got away without them knowing me. I went to the prison and the next morning, I left disguised as an officer.”
But a traveller had asked if he had anything in his pocket to which Berry related this incident, “Oh yes,” rising and putting his hand to a hipster pocket whence he drew a glittering revolver. “I never go without my coomfort” (comfort) it would be a serious business if I had to struggle for life or death.”
The Wednesday morning of the execution of William Arrowsmith followed a night of heavy snow.
The breaking morning found wet and snow lying thick upon the ground which did not favour the assembly of a very large congregation of assembled of persons in the vicinity of the prison.
Soon after seven o’clock however, a crowd began to form, and, as time advanced the crowd grew eventually to 500 or 600 in number.
Crowds gathered on high evaluations such as railways sheds and the Dana Bridge.
The prisoner was reported to have had a restless night but did consume a light breakfast.
This execution was to be different than in previous years when the condemned were executed at the lodge in the front of the prison. The government had now banned public executions and so on this occasion the procedure would be within the walls and at the rear of the prison.
At 7 30am the bell of St Mary’s church in the town began to constantly toll the funeral bell. The prison bell then began to toll.
The scene of the execution was different than others, in that the gallows consisted of two upright posts with as bar across. The rope placed securely on the cross bar. Normally prisoners then mounted the scaffold. On this occasion the variation was that a hole about ten feet deep had been dug under the drop. Boards were place across for the officers to stand and then with a trap door in the middle for the prisoner to stand.
The prisoner was reported to be resigned to his fate. The Chaplain had stayed with him until about five minutes to eight when Berry, the executioner had entered the condemned cell and quickly performed the work of pinioning to which the prisoner quietly submitted.
It was a sad and depressing moment reported the press representative who was present, adding the first act in a terribly realistic drama which was shortly to be closed with a final death scene.
The poor fellow looked pallored, worn and was exceedingly nervous and having been led into the corridor the little but solemn procession was formed. It was headed by the Chaplain, behind him came the prisoner, supported by the executioner and a number of warders(officers), Dr Harries, the medical officer, the Under Sheriff, the Governor, and the representat
ives of the press following behind.
In this order the procession made its way to the scaffold, the Chaplain mean-while reading the usual service in as clear voice, and although the prisoner appeared to pay attention he did not utter a word.
It seemed a great exertion for him to walk, his gait being that of a man excessively weak and when he stood upon the trap door of the gallows he trembled severely, and seemed as though he would faint.
He was supported by three warders, whilst Berry was placing the white cap over the culprit’s head and adjusting the noose and immediately afterwards the executioner gave the sign for those about him to stand clear: he raised the lever and Arrowsmith was dead.
He died instantaneously, without giving the slightest twitch, and Berry, who allowed a drop of seven feet, remarked that it was the most sudden performance he had ever witnessed.
The instrument is of the simplest possible construction. It consists of two uprights and a cross beam, to which the rope is attached. Immediately beneath the cross beam, and on a level with the ground, is a pit about ten feet deep which is covered by a door or trap, as it is commonly called. On this the culprit stands while his legs are pinioned, the noose adjusted the knot being, as a rule placed under the left ear and the white cap, which Berry, produces in an instant from one of his coat tail pockets, placed over the head.
Then at the signal from Berry, the warders stand clear of the scaffold, the bolt is drawn, the door falls to one side of the pit, and the body falls, the neck, of course being dislocated by the sudden jerk which takes place as soon as the rope, which is about twelve feet long is used up.
A six feet drop gives a pressure of 26cwt 3qrs 2lbs in the fall. Berry is said to be able to guess the length of drop required in every case with wonderful accuracy, and he himself states that it is done on a scale from his own experience. He can tell within four inches what drop ought to have for each person executed. He does not judge altogether from a man’s weight as generally supposed, but makes his calculation on the general build and strength of the neck.
Meanwhile outside the prison the waiting crowd clearly heard the trap door open and then saw the prison black flag being hoisted and flown as was the practice.
Arrowsmith was then left to hang for one hour the designated time laid down by Parliament.
When this had been done his body was removed to another part of the prison.
On the afternoon Wednesday the 28th of March 1888 William Arrowsmith was buried within the prison walls near his place of execution.
The Reverend Chaplain R. H. Barber officiated. Several of the warders acted s pall bearers, and the service used was that of the Church of England.
He finished by saying as you are all police officers and governed by the Official Secrets Act it goes without saying the revelation of this story comes within that category and must not be repeated out of this room.
He concluded his story but there remained silence.
CHAPTER EIGHT
DOUBLE JEOPARDY
“I will leave you” said Jack “With a question,”
“Many years ago at the time when capital punishment had just been discontinued, the penalty for murder was life imprisonment. The normal sentence was serving twenty one years in prison. In those days there was no time off, the sentence imposed was served.”
“One night, there was celebrating of the New Year in the various pubs which were all packed.”
“Suddenly two men decided to settle an old score. They first of all argued, the proceedings became more heated and eventually the two men began to fight.”
“The landlord with the assistance of customers managed to eject the fighters from the pub to the outside. Both men continued to fight. Eventually both men were badly beaten and unable to fight anymore; they were left lying in the street.”
“The following day the men met once again in the town and immediately began to fight once again. On this occasion the fighting continued to such a degree that when one man ran away the other followed. The two men ran into a multi-storey car park.”
“Minutes later the crowd below including two police officers witnessed the men still fighting on top of the car park. One man Mike Fritz was seen to hit the other, Tom Phillips a massive blow causing him to fall off the roof and disappear.”
“Fritz was arrested and detained by the police. A search was made but Tom Phillips was never found. A massive further search was made but Phillips never returned home nor to his work. In fact he was never seen again. As a result he was eventually pronounced dead.”
“Mike Fritz was charged with the murder of Phillips but pleaded not guilty alleging he had seen Phillips fall into the rear of a lorry containing foam and when last seen he was fit and well.”
“Fritz was not believed and was sentenced to life in prison by Lord Justice Stevens.”
“Twenty one years passed Mike Fritz having served his sentence was released from prison.”
“A year later Chester Crown Court was sitting Lord Justice Stevens was still the presiding Judge. The end of day in court, the last case finished, the door opened and in walked two men.”
All heads turned, one of the men said, “My Lord my name is Mike Fritz. Twenty two years ago you sentenced me to life in prison for killing this man Tom Phillips. I told you, the jury and all who would listen, I was innocent but no one believed me.”
“In complete silence and consternation Fritz continued.”
“My life has been ruined. Phillips, my Lord, has been dead for twenty two years; all official records will confirm it.”
“With that in a flash he cut the throat of Phillips who fell dead.”
“Fritz stood and waited for the police, you in fact. Fritz said nothing more but the facts were clear even witnessed by a High Court Judge and a string of lawyers.”
“The question I pose detectives is this.” “Phillips was officially dead and had been for twenty two years. Fritz had already served the mandatory sentence of twenty one years for killing him, he was officially dead.”
“What, if any action would you take against Fritz?”
“And, of course what action would you expect the Court to take against him?”
After all Phillips was already dead, the price of killing him had already been paid.
Jack put on his hat and said, “I bid you good day and farewell.” He walked away from a silent room.
The End
