Mrs. Hayes, in the meanwhile, took all the pains imaginable to propagate a story of Mr. Hayes's withdrawing on account of an unlucky blow he had given to a person in a quarrel, and which made him apprehensive of a prosecution, though he was then in treaty with the widow in order to make it up. This story she at first told with many injunctions of secrecy, to persons who she had good reason to believe would, notwithstanding her injunctions, tell it again. It happened, in the interim, that one Mr. Joseph Ashby, who had been an intimate acquaintance of Mr. Hayes, came to see her. She, with a great deal of pretended concern, communicated the tale she had framed to him. Mr. Ashby asked whether the person he had killed was him to whom the head belonged; she said, No, the man who died by Mr. Hayes's blow was buried entire, and Mr. Hayes had given or was about to give, a security to pay the widow fifteen pounds per annum to hush it up. Mr. Ashby next enquired where Mr. Hayes was gone; she said to Portugal, with three or four foreign gentlemen.
He thereupon took his leave; but going from thence to Mr. Henry Longmore's, cousin of Mr. Hayes, he related to him the story Mrs. Hayes had told him and expressed a good deal of dissatisfaction thereat, desiring Mr. Longmore to go to her and make the same enquiry as he had done, but without saying they had seen one another. Mr. Longmore went thereupon directly to Mrs. Hayes's, and enquired in a peremptory tone for her husband. In answer she said that she had supposed Mr. Ashby had acquainted him with the misfortune which had befallen him. Mr. Longmore replied he had not seen Mr. Ashby for a considerable time and knew nothing of his cousin's misfortune, not judging of any that could attend him, for he believed he was not indebted to anybody. He then asked if he was in prison for debt. She answered him, No, 'twas worse than that. Mr. Longmore demanded what worse could befall him. As to any debts, he believed he had not contracted any. At which she blessed God and said that neither Mr. Hayes nor herself owed a farthing to any person in the world. Mr. Longmore again importuning her to know what he had done to occasion his absconding so, said I suppose he has not murdered anybody? To this she replied, he had, and beckoning him to come upstairs, related to him the story as before mentioned.
Mr. Longmore being inquisitive which way he was gone, she told him into Herefordshire, that Mr. Hayes had taken four pocket pistols with him for his security, viz., one under each arm, and two in his pockets. Mr. Longmore answered, 'twould be dangerous for him to travel in that manner; that any person seeing him so armed with pistols, would cause him to be apprehended on suspicion of being a highwayman. To which she assured him that it was his usual manner; the reason of it was that he had like to have been robbed coming out of the country, and that once he was apprehended on suspicion of being an highwayman, but that a gentleman who knew him, accidentally came in, and seeing him in custody, passed his word for his appearance, by which he was discharged. To that Mr. Longmore made answer that it was very improbable of his ever being stopped on suspicion of being an highwayman, and discharged upon a man's only passing his word for his appearance; he farther persisted which way he was supplied with money for his journey. She told him she had sewn twenty-six guineas into his clothes, and that he had about him seventeen shillings in new silver. She added that Springate, who lodged there, was privy to the whole transaction, for which reason she paid a quarter's rent for her at her old lodgings, and the better to maintain what she had averred, called Springate to justify the truth of it. In concluding the discourse, she reflected on the unkind usage of Mr. Hayes towards her, which surprised Mr. Longmore more than anything else she had said yet, and strengthened his suspicion, because he had often been a witness to her giving Mr. Hayes the best of characters, viz., of a most indulgent, tender husband.
Mr. Longmore then took leave of her and returned back to his friend Mr. Ashby; when, after comparing their several notes together, they judged by very apparent reasons that Mr. Hayes must have had very ill play shown him. Upon which they agreed to go to Mr. Eaton, a Life Guardman who was also an acquaintance of Mr. Hayes's, which accordingly they did, intending him to have gone to Mrs. Hayes also, to have heard what relation she would give him concerning her husband. They went and enquired at several places for him, but he was not then to be found; upon which Mr. Longmore and Mr. Ashby went down to Westminster to see the head at Mr. Westbrook's. When they came there, Mr. Westbrook told them that the head had been owned by a woman from Kingsland, who thought it to be her husband, but was not certain enough to swear it, though the circumstances were strong, because he had been missing from the day before the head was found. They desired to see it and Mr. Ashby first went upstairs to look on it, and coming down, told Mr. Longmore he really thought it to be Mr. Hayes's head, upon which Mr. Longmore went up to see it, and after examining it more particularly than Mr. Ashby, confirmed him in his suspicion. Then they returned to seek out Mr. Eaton, and finding him at home, informed him of their proceedings, with the sufficient reasons upon which their suspicions were founded, and compelled him to go with them to enquire into the affair.
Mr. Eaton pressed them to stay to dinner with him, which at first they agreed to, but afterwards altering their minds, went all down to Mr. Longmore's house and there renewed the reasons of their suspicions, not only of Mr. Hayes's being murdered (being satisfied with seeing the head) but also that his wife was privy to the same. But in order to be more fully satisfied they agreed that Mr. Eaton should in a day or two's time go and enquire for Mr. Hayes, but withal taking no notice of his having seen Mr. Longmore and Mr. Ashby. In the meantime Mr. Longmore's brother interfered, saying, that it seemed apparent to him that his cousin (Mr. Hayes) had been murdered, and that Mrs. Hayes appeared very suspicious to him of being guilty with some other persons, viz., Wood and Billings (who she told him, had drunk with him the night before his journey). He added, moreover, that he thought time was not to be delayed, because they might remove from their lodgings upon the least apprehensions of a discovery.
His opinion prevailed as the most reasonable, and Mr. Longmore said they would go about it immediately. Accordingly he immediately applied to Mr. Justice Lambert and acquainted him with the grounds of their suspicions and their desire of his granting a warrant for the apprehension of the parties. On hearing the story the justice not only readily agreed with them in their suspicions, and complied with their demand, but said also he would get proper officers to execute it in the evening, about nine o'clock, putting Mrs. Hayes, Thomas Wood, Thomas Billings, and Mary Springate into a special warrant for that purpose.
At the hour appointed they met, and Mr. Eaton bringing two officers of the Guards along with them, they went altogether to the house where Mrs. Hayes lodged. They went directly in and upstairs, at which Mr. Jones, who kept the house, demanded who and what they were. He was answered that they were sufficiently authorised in all they did, desiring him at the same time to bring candles and he should see on what occasion they came. Light being thereupon brought they went all upstairs together. Justice Lambert rapped at Mrs. Hayes's door with his cane; she demanded who was there, for that she was in bed, on which she was bid to get up and open it, or they would break it open.
After some time taken to put on her clothes, she came and opened it. As soon as they were in the room they seized her and Billings, who was sitting upon her bedside, without either shoes or stockings on. The justice asked whether he had been in bed with her. She said no, but that he sat there to mend his stockings. Why, then, replied Mr. Lambert, he has very good eyes to see to do it without fire or candle, whereupon they seized him too. And leaving persons below to guard them, they went up and apprehended Springate. After an examination in which they would confess nothing, they committed Billings to New Prison, Springate to the Gate House, and Mrs. Hayes to Tothill Fields Bridewell.
The consciousness of her own guilt made Mrs. Hayes very assiduous in contriving such a method of behaviour as might carry the greatest appearance of innocence. In the first place, therefore, she entreated Mr. Longmore that she might be admitted to see the head, in which request she was indulged by Mr. Lambert, who ordered her to have a sight of it as she came from Tothill Fields Bridewell to her examination. Accordingly Mr. Longmore attending the officers to bring Mrs. Hayes from thence the next day to Mr. Lambert's, ordered the coach to stop at Mr. Westbrook's door. And as soon as he entered the house, being admitted into the room, she threw herself down upon her knees, crying out in great agonies, Oh, it is my dear husband's head! It is my dear husband's head! and embracing the glass in her arms kissed the outside of it several times. In the meantime Mr. Westbrook coming in, told her that if it was his head she should have a plainer view of it, that he would take it out of the glass for her to have a full sight of it, which he did, by lifting it up by the hair and brought it to her. Taking it in her arms, she kissed it, and seemed in great confusion, withal begging to have a lock of his hair; but Mr. Westbrook replied that he was afraid she had had too much of his blood already. At which she fainted away, and after recovering, was carried to Mr. Lambert's, to be examined before him and some other Justices of the Peace. While these things were in agitation, one Mr. Huddle and his servant walking in Marylebone Fields in the evening, espied something lying in one of the ponds in the fields, which after they had examined it they found to be the legs, thighs, and arms of a man. They, being very much surprised at this, determined to search farther, and the next morning getting assistance drained the pond, where to their great astonishment they pulled out the body of a man wrapped up in a blanket; with the news of which, while Mrs. Hayes was under examination, Mr. Crosby, a constable, came down to the justices, not doubting but this was the body of Mr. Hayes which he had found thus mangled and dismembered.
Yet, though she was somewhat confounded at the new discovery made hereby of the cruelty with which her late husband had been treated, she could not, however, be prevailed on to make any discovery or acknowledgment of her knowing anything of the fact; whereupon the justices who examined her, committed her that afternoon to Newgate, the mob attending her thither with loud acclamations of joy at her commitment, and ardent wishes of her coming to a just punishment, as if they were already convinced of her guilt.