He was no sooner at liberty but he fell to his old trade, and was just as unlucky as he was before; for taking it into his head to rub off with a firkin of butter, which he saw standing in a cheesemonger's shop, he was again taken in the fact, and in the space of a few weeks recommitted to his old lodging. At first he apprehended the crime to be so trivial that he was not in the least afraid of death, and therefore his amazement was the greater when he was capitally convicted. During the first day after sentence had been pronounced, the extremity of grief and fear made him behave like one distracted; as he came a little to himself, and was instructed by those who charitably visited him, he owned the justice of his sentence, which had been passed upon him, and the notorious wickedness of his misspent life. He behaved with great decency at chapel, and as well as a mean capacity and a small education would give him leave, prayed in the place of his confinement.
As there is little remarkable in this malefactor's life, permit me to add an observation or two concerning the nature of crimes punished with death in England, and the reasonableness of any project which would answer the same end as death, viz., securing the public from any of their future rapines, without sending the poor wretches to the gallows, and pushing them headlong into the other world for every little offence. The galleys in other nations serve for this purpose and the punishment seems very well suited to the crime; for his life is preserved, and he, notwithstanding, effectually deprived of all means of doing further mischief. We have no galleys, it is true, in the service of the crown of Britain, but there are many other laborious works to which they might be put so as to be useful to their country. As to transportation, though it may at first sight seem intended for their purpose, yet if we look into it with ever so little attention, we shall see that it does not at all answer the end; for we find by experience that in a year's time, many of them are here again, and are ten times more dangerous rogues than they were before; and in the plantations they generally behave themselves so ill that many of them have refused to receive them, and have even laid penalties on the captains who shall land them within the bounds of their jurisdiction. It were certainly therefore, more advantageous to the public that they worked hard here, than either forced upon the planters abroad, or left in a capacity to return to their villainies at home, where the punishment being capital, serves only to make them less merciful and more resolute. This I propose only, and pretend not to dictate.
But it is now time we return to the last mentioned criminal, Richard Scurrier, and inform ye that at the time he suffered, he was scarce eighteen years of age, dying with the malefactors Hamp, Bird, Austin and Foster, before-mentioned, on the 22nd of December, 1725, at Tyburn.
The Life of FRANCIS BAILEY, a notorious Highwayman
That bad company and an habitual course of indulging vicious inclinations, though of a nature not punishable by human laws, should at last lead men to the commission of such crimes as from the injury done to society require capital sufferings to be inflicted, is a thing we so often meet with, that its frequency alone is sufficient to instruct men of the danger there is in becoming acquainted, much more of conversing familiarly, with wicked and debauched persons.
This criminal, Francis Bailey, was one of the number of those examples from whence this observation arises. He was born of parents of the lowest degree, in Worcestershire, who were either incapable of giving him any education, or took so little care about it that at the time he went out into the world he could neither read or write. However, they bound him apprentice to a baker, and his master took so much care of him that he was in a fair way of doing well if he would have been industrious; but instead of that he quitted his employment to fall into that sink of vice and laziness, the entering into a regiment as a common soldier. However, it were, he behaved himself in this state so well that he became a corporal and serjeant, which last, though a preferment of small value, is seldom given to persons of no education. But it seems Bailey had address enough to get that passed by, and lived with a good reputation in the army near twenty years. During this space, with whatever cover of honesty he appeared abroad, yet he failed not to make up whatever deficiencies the irregular course of life might occasion, by robbing upon the highway, though he had the good luck never to be apprehended, or indeed suspected till the fact which brought him to his end.
His first attempt in this kind happened thus. The regiment in which he served was quartered at a great road town; Bailey having no employment for the greatest part of his time, and being incapable of diverting himself by reading or innocent conversation, knew not therefore how to employ his hours. It happened one evening, that among his idle companions there was one who had been formerly intimate with a famous highwayman. This fellow entertained the company with the relation of abundance of adventures which had befallen the robber on the road, till he had saved about seven hundred pounds, wherewith he retired (as this man said) to Jamaica, and lived there in great splendour, having set up a tavern, and by his facetious conversation, acquired more custom thereto than any other public house had in the Island.
As Bailey listened with great attention to this story, so it ran in his head that night that this was the easiest method of obtaining money, and that with prudence there was no great danger of being detected. Money at that time ran low, and he resolved the next day to make the experiment. Accordingly he procured a horse and arms in the evening and at dusk sallied out, with an intent of stopping the first passenger he should meet. A country clergyman happened to be the man. No sooner had Bailey approached him with the usual salutation of Stand and Deliver, but putting his hand in his pocket, and taking out some silver, he, in a great fright, and as it were trembling, put it into Bailey's hat, who thereupon carelessly let go the reins of his horse, and went to put the money up in his own pocket. The parson upon seeing that, clapped spurs to his horse, and thrust his right elbow with all his force under Bailey's left breast, and gave him such a blow as made him tumble backwards off his horse, the parson riding off as hard as he could with a good watch and near forty pounds in gold in his purse.