When his lordship went to bed, which was between eleven and twelve, he told Mr. Kirkland that he knew he could, if he would, set the affair in such a light as to prevent his being seized, desiring that he might see him before he went away in the morning, and declaring that he would rise at any hour.
Mr. Kirkland, however, was very solicitous to get Mr. Johnson removed; and as soon as the earl was gone, he set about carrying his object into effect. He in consequence went to Lount, and having fitted up an easy-chair with poles, by way of a sedan, and procured a guard, he returned at about two o’clock, and carried Mr. Johnson to his house, where he expired at about nine o’clock on the following morning.
The neighbours now began to take measures to secure the murderer, and a few of them having armed themselves, set out for Stanton; and as they entered the yard, they saw his lordship, partly undressed, going towards the stable, as if to take out a horse. One of them, named Springthorpe, then advancing towards his lordship with a pistol in his hand, required him to surrender; but the latter, putting his hand towards his pocket, his assailant, imagining that he was feeling for some weapon of offence, stopped short and allowed him to escape into the house. A great concourse of people by this time had come to the spot, and they cried out loudly that the earl should come forth. Two hours elapsed, however, before anything was seen of him, and then he came to the garret window and called out, “How is Johnson?” He was answered that he was dead; but he said it was a lie, and desired that the people should disperse; but then he gave orders that they should be let in and be furnished with victuals and drink, and finally he went away from the window swearing that no man should take him. The mob still remained on the spot, and in about two hours the earl was descried by a collier, named Curtis, walking on the bowling-green, armed with a blunderbuss, a brace of pistols, and a dagger. Curtis, however, so far from being intimidated by his bold appearance, walked up to him; and his lordship, struck with the resolution he displayed, immediately surrendered himself, and gave up his arms, but directly afterwards declared that he had killed the villain, and gloried in the act. He was instantly conveyed in custody to a public-house at Ashby, kept by a man named Kinsey; and a coroner’s jury having brought in a verdict of wilful murder against him, he was on the following Monday committed to the custody of the keeper of the jail at Leicester. Being entitled, however, by his rank to be tried before his peers, he was in about a fortnight afterwards conveyed to London, in his landau, drawn by six horses, under a strong guard; and being carried before the House of Lords, he was committed to the custody of the Black Rod, and ordered to the Tower, where he arrived at about six o’clock in the evening of the 14th February. He is reported to have behaved, during the whole journey and at his commitment, with great calmness and propriety. He was confined in the Round Tower, near the drawbridge: two wardens were constantly in the room with him, and one at the door; two sentinels were posted at the bottom of the stairs, and one upon the drawbridge, with their bayonets fixed; and from this time the gates were ordered to be shut an hour sooner than usual.
During his confinement he was moderate both in eating and drinking; his breakfast was a half-pint basin of tea, with a small spoonful of brandy in it, and a muffin; with his dinner he generally drank a pint of wine and a pint of water, and another pint of each with his supper. In general his behaviour was decent and quiet, except that he would sometimes suddenly start, tear open his waistcoat, and use other gestures, which showed that his mind was disturbed.
Mrs. Clifford and the four young ladies, who had come up with him from Leicestershire, took a lodging in Tower-street, and for some time a servant was continually passing with letters between them: but afterwards this correspondence was permitted only once a day.
Mrs. Clifford came three times to the Tower to see him, but was not admitted; but his children were suffered to be with him some time.
On the 16th of April, having been a prisoner in the Tower two months and two days, he was brought to his trial, which continued till the 18th, before the House of Lords, assembled for that purpose; Lord Henley, keeper of the great seal, having been created lord high steward upon the occasion.
The murder was easily proved to have been committed in the manner we have described; and his lordship then proceeded to enter upon his defence.
He called several witnesses, the object of whose testimony was to show that the earl was not of sound mind, but none of them proved such an insanity as made him not accountable for his conduct. His lordship managed his defence himself, in such a manner as showed an uncommon understanding; he mentioned the fact of his being reduced to the necessity of attempting to prove himself a lunatic, that he might not be deemed a murderer, with the most delicate and affecting sensibility; and, when he found that his plea could not avail him, he confessed that he made it only to gratify his friends; that he was always averse to it himself; and that it had prevented what he had proposed, and what perhaps might have taken off the malignity at least of the accusation.
The peers having in the usual form delivered their verdict of Guilty, his lordship received sentence to be hanged on Monday the 21st of April, and then to be anatomized; but, in consideration of his rank, the execution of this sentence was respited till Monday the 5th of May.