“Not guilty,” replied Fleming, in a bold voice.
“John Marables—guilty or not guilty?”
“Guilty,” replied Marables—“guilty, my lord;” and he covered his face with his hands.
Fleming was indicted on three counts;—an assault, with intent to murder; having stolen goods in his possession; and for a burglary in a dwelling-house, on such a date; but I understand that they had nearly twenty more charges against him, had these failed. Marables was indicted for having been an accessary to the last charge, as receiver of stolen goods. The counsel for the crown, who opened the trial, stated that Fleming, alias Barkett, alias Wenn, with many more aliases, had for a long while been at the head of the most notorious gang of thieves which had infested the metropolis for many years; that justice had long been in search of him, but that he had disappeared, and it had been supposed that he had quitted the kingdom to avoid the penalties of the law, to which he had subjected himself by his enormities. It appeared however, that he had taken a step which not only blinded the officers of the police, but at the same time had enabled the gang to carry on their depredations with more impunity than ever. He had concealed himself in a lighter on the river, and appearing in her as one diligently performing his duty, and earning his livelihood as an honest man had by such means been enabled to extend his influence, the number of his associates, and his audacious schemes. The principal means of detection in cases of burglary was by advertising the goods, and the great difficulty on the part of such miscreants was to obtain a ready sale for them—the receivers of stolen goods being aware that the thieves were at their mercy, and must accept what was offered. Now, to obviate these difficulties, Fleming had, as we before observed, concealed himself from justice on board of a river barge, which was made the receptacle for stolen goods: those which had been nefariously obtained at one place being by him and his associates carried up and down the river in the craft, and disposed of at a great distance, by which means the goods were never brought to light, so as to enable the police to recognise or trace them. This system had now been carried on with great success for upwards of twelve months, and would, in all probability, have not been discovered even now, had it not been that a quarrel as to profits had taken place, which had induced two of his associates to give information to the officers; and these two associates had also been permitted to turn king’s evidence, in a case of burglary, in which Fleming was a principal, provided that it was considered necessary. But there was a more serious charge against the prisoner,—that of having attempted the life of a boy, named Jacob Faithful, belonging to the lighter, and who, it appeared, had suspicions of what was going on, and, in duty to his master, had carefully watched the proceedings, and given notice to others of what he had discovered from time to time. The lad was the chief evidence against the prisoner Fleming, and also against Marables, the other prisoner, of whom he could only observe, that circumstances would transpire, during the trial, in his favour, which he had no doubt would be well considered by his lordship. He would not detain the gentlemen of the jury any longer, but at once call on his witnesses.
I was then summoned, again asked the same questions as to the nature of an oath, and the judge being satisfied with my replies, I gave my evidence as before; the judge as I perceived, carefully examining my previous disposition, to ascertain if anything I now said was at variance with my former assertions. I was then cross-examined by the counsel for Fleming, but he could not make me vary in my evidence, I did, however, take the opportunity, whenever I was able, of saying all I could in favour of Marables. At last the counsel said he would ask me no more questions. I was dismissed; and the police-officer who had picked me up, and other parties who identified the various property as their own, and the manner in which they had been robbed of it, were examined. The evidence was too clear to admit of doubt. The jury immediately returned a verdict of guilty against Fleming and Marables, but strongly recommended Marables to the mercy of the crown. The judge rose, put on his black cap, and addressed the prisoners as follows. The court was so still, that a pin falling might have been heard:—
“You, William Fleming, have been tried by a jury of your countrymen, upon the charge of receiving stolen goods, to which you have added the most atrocious crime of intended murder. You have had a fair and impartial trial, and have been found guilty; and it appears that, even had you escaped in this instance, other charges, equally heavy, and which would equally consign you to condign punishment, were in readiness to be preferred against you. Your life has been one of guilt, not only in your own person, but also in abetting and stimulating others to crime; and you have wound up your shameful career by attempting the life of a fellow-creature. To hold out to you any hope of mercy is impossible. Your life is justly forfeited to the offended laws of your country; and your sentence is that you be removed from this court to the place from whence you came, and from thence to the place of execution, there to be hanged by the neck till you are dead; and may God, in his infinite goodness, have mercy on your soul!
“You, John Marables, have pleaded guilty to the charges brought against you; and it has appeared, during the evidence brought out on the trial, that, although you have been a party to these nefarious transactions, you are far from being hardened in your guilt.” (“No, no!” exclaimed Marables.) “I believe sincerely that you are not, and much regret that one who, from the evidence brought forward, appears to have been, previously to this unfortunate connection, an honest man, should now appear in so disgraceful a situation. A severe punishment is, however, demanded by the voice of justice, and by that sentence of the law you must now be condemned: at the same time I trust that an appeal to the mercy of your sovereign will not be made in vain.”
The judge then passed the sentence upon Marables, the prisoners were led out of court, and a new trial commenced; while Mr Drummond and the Dominie conducted me home. About a week after the trial, Fleming suffered the penalty of the law; while Marables was sentenced to transportation for life, which, however, previous to his sailing, was commuted to seven years.
In a few days the lighter returned. Her arrival was announced to me one fine sunny morning as I lay in bed, by a voice whose well-known notes poured into my ear as I was half dozing on my pillow:—
“Bright are the beams of the morning sky,
And sweet the dew the red blossoms sip,
But brighter the glances of dear woman’s eye—