A popular street-book for “board work” is entitled “Horrible Rape and Murder!!! The affecting case of Mary Ashford, a beautiful young virgin, who was diabolically Ravished, Murdered, and thrown into a Pit, as she was returning from a Dance, including the Trial of Abraham Thornton for the Wilful Murder of the said Mary Ashford; with the whole of the Evidence, Charges to the Jury, &c., with a Correct Plan of the Spot where the Rape and Murder were Committed.”
This “street-book” is founded on a fact, and, in reality, gives the salient points of a memorable circumstance which took place in 1817, when Abraham Thornton was charged at the Warwick Assizes, before Mr. Justice Holroyd, for the murder and violation of Mary Ashford, at Erdington, near Birmingham. The prisoner was found—after a consultation of the jury of five minutes—Not Guilty, to the utmost surprise and disappointment of all persons assembled. The second charge of committing a rape on the body of the said Mary Ashford was abandoned by the prosecution. The case created the greatest possible sensation at the time, and the trial and subsequent appeal were printed and published in a separate form, and occupies 120 pages in double columns, “with a correct plan of the spot where the rape and murder were committed, and a portrait of Thornton drawn and engraved by G. Cruikshank.”
The acquittal of Thornton in the atrocious rape and murder of Mary Ashford excited the most undisguised feelings of disappointment in all classes of persons throughout the kingdom, and various provincial newspapers began to canvass the subject with vigour, freedom, and research. This aroused most of the London papers, and the Independent Whig on Sunday, August 17th after fully commenting on the case, cited several instances where individuals, who, after having been arraigned under the charge of murder and acquitted, were tried a second time for the same offence, in consequence of an appeal by the next of kin of the deceased against the verdict of the jury, and wound up their remarks by that,—“If ever there was a case of brutality, violation and murder, that had greater claims upon the sympathy of the world than another, and demands a second trial, we think it is exhibited in that of the unfortunate Mary Ashford.” This gave the “key-note,” a very large section of the press adopted the same view of the case, and a subscription was immediately set on foot—Mary’s friends being in indigent circumstances—to defray the necessary expenses. And Abraham Thornton was apprehended a second time, on a Writ of Appeal, for the murder of Mary Ashford, which excited an interest in the public mind altogether unprecedented—an interest that was heightened by the unusual recurrence of the obsolete proceedings necessary in the case by the Saxon Writ of Appeal, together with the staggering fact of Thornton having challenged his appellant—William, the eldest brother of the deceased Mary Ashford—to a solemn trial by battle, and avowing himself ready to defend his innocence with his body.
The challenge was formally given by throwing down a glove upon the floor of the Court of King’s Bench, whence the case had been removed by “Writ of Habeas Corpus,” to be heard before Lord Ellenborough. But the combat did not take place, and the prisoner escaped. An Act of Parliament was then passed abolishing the trial by battle in any suit, as a mode unfit to be used.
Mary Ashford was buried in the Churchyard of Sutton Colefield, and over her remains is placed a stone with the following inscription, written by the Rev. Luke Booker:—
“As a warning to female virtue, and a humble
Monument to female chastity,
This stone marks the grave of
MARY ASHFORD,
Who, in the 20th year of her age,