On the day following the receipt of this communication, at a Privy Council which was held, it was determined that the lives of the convicts must be forfeited to the laws of the country, and the following letter was transmitted to Monmouth:—
“Whitehall, January 29, 1840.
“Sir—I am to signify to you the Queen’s commands that the execution of the sentence of Death, passed upon Zephaniah Williams, John Frost, and William Jones, now in the jail at Monmouth, be respited until Thursday the 6th day of February next. But the prisoners are to be distinctly informed that the sentence of the law will then be carried into effect.
“I am, sir, your obedient humble servant,
“Normanby.
“To the High Sheriff of the County of Monmouth.”
The governor of the jail, in obedience to these instructions, delivered a copy of this letter to each of the prisoners, and they appeared perfectly composed, and as if they had never entertained any hopes of mercy being extended to them. Every exertion had been made in the metropolis in the meantime with a view to procure the mitigation of the sentence of the prisoners. Petitions from all classes poured in to the Home Office; but all were declared to be of no avail, and it was not until Friday evening, the 31st of January, at a late hour, that her majesty’s ministers came to a resolution to spare their lives. Sir Frederick Pollock used his greatest efforts to procure this desirable end; and having had no fewer than six interviews with Viscount Melbourne upon the subject, he had given up his task in despair, when, urged by Lord Brougham once again to see the premier, the learned and indefatigable advocate retired with the promise of her majesty’s ministers, that the crimes of Frost and his two wretched partners in guilt should not be expiated on the scaffold.
On the following evening an express was sent off to Monmouth, bearing intelligence of this decision on the part of the government; and on Sunday night it arrived in that place. The reprieve, however, was accompanied by an order for the immediate removal of the prisoners to the hulks; and a military escort having been procured, at half-past one o’clock on Monday morning, the prisoners were roused from their beds, informed for the first time of their altered fortunes, and ordered instantly to prepare themselves for their removal. The wretched men had already taken leave of their families, supposing death to be inevitable, and their first feelings at their escape can be well imagined. They were now supplied with refreshments: and at two o’clock they were hurried into the prison van, and, escorted by a troop of lancers, were conveyed to Chepstow, and there put on board the Usk steamer, to be carried to Portsmouth, from whence they were to be transported for life.
In the course of the time during which the prisoners lay at Portsmouth awaiting the sailing of a vessel for New South Wales, renewed attempts were made to procure their freedom. Petitions from many districts, numerously signed, were presented, in which the impolicy of tarnishing the annals of a month in which the nuptials of the young queen were to be celebrated was urged; and even parliament was occupied with the discussion of the propriety of the steps taken by the government. In the House of Commons and in the House of Lords motions were made with a view to obtaining the pardon of the prisoners, but the ministers of the Crown, in a wise exercise of the duties of their office, strengthened in their opinion upon the case by that of the learned judges, before whom the prisoners were tried, declined to recommend that Her Majesty should make any farther alteration in the sentence of the prisoners. The following letter, conveying the sentiments of the judges upon this occasion, was produced in both Houses of Parliament:—
“Westminster-hall, January 31st, 1840.
“My Lord—As to the law, the uniform practice has been, so far back as we have any means of knowledge, that if the judge upon the trial of an indictment feels any serious doubt as to an objection that occurs in point of law, he decides the point against the prisoner, and allows the trial to proceed, reserving such point of law, in order that he may take the advice and opinion of all the other judges thereon. After consulting them, and hearing argument thereon (if thought necessary) the opinion of the judges is taken, and that of the majority binds the judge who has reserved the question. If that opinion should be against the prisoner, the law is suffered to take its course, and the sentence which has been passed remains. If the opinion of the judges is in favour of the prisoner, the constant course is for the judge who tried the prisoner, and passed the sentence, to apply to the Secretary of State for a free pardon. And this course in no way depends on any consent, express or implied, on the part of the prisoner; the judge pursues it at his own discretion, and decides the point for the present against the prisoner, giving him the benefit of further consideration and advice with the other judges. And this course is pursued for the manifest purpose of preventing a failure of justice; inasmuch as if the judge decided under his immediate impression, supposing it to be in favour of the prisoner, and directed an acquittal, there could be no new trial, although upon reference to the other judges his own opinion was held to be wrong. On the other hand, if the opinion of the judge is at the time unfavourable to the prisoner, it can be reserved by that course, and if erroneous set right.