Episode 4

Inspiration for this episode

Written by Mark Pallis (legal consultant and Story
Editor)


One case served to kick start the inspiration for Episode 4, and that was the case of Patrick Nicholson, James Ward, Joseph Shaw, James Murray. These four men were accused of murder, and the case came to the Old Bailey on 1st June 1784.

The simplest way to sum up the real case is to quote from the prosecution's opening statement to the Jury:

“I need not state to you, that the late election for Westminster was carried on, and contested, and prolonged, in a manner that scarce ever was known in that city; nor need I inform you, that the candidates were the right honourable Charles James Fox, Lord Hood, and Sir Cecil Wray, the hustings were held in the portico of the church, in St. Paul's, Covent Garden, there was a booth run up in front, and extended to the end of the church, that part next Henrietta-street was in general occupied by Mr. Fox and his friends, the other part next King-street, by the other party; during the time of the election which lasted many days, an immense croud of people assembled on the hustings, I need not till you that there was a great deal of clamour, and of noise, as there is at all elections; at one end of the hustings crying out Fox for ever, no Wray, at the other end of the hustings, crying out Hood and Wray for ever, no Fox; some of the gentlemen, friends to Mr. Fox, used the house known by the sign of the Unicorn, between Henrietta-street, and the end of the hustings; at that house likewise from time to time assembled a great body of Irish chairmen, Welch porters and others, armed with sticks and bludgeons, but especially towards the close of the poll, they several times forced their way in among the croud, and endeavoured to press through that part of the croud, which faced the part where Mr. Fox stood, up towards King-street; on one day towards the close of the poll, a body of them were increased, because some persons would not call out Fox for ever, and all at once as if in consequence of a signal given, they drew their bludgeons, and flew instantly on the people; proceedings of this kind; induced the Duke of Northumberland to write to Mr. Manwaring, to take into consideration what should be done, for the purpose of preserving the peace, particularly at the close of the poll; the magistrates met, and I understand, one of them, Sir Sampson Wright, in consequence of this wrote to Mr. Elliot, the high constable of Tower Hamlets, and requested him to attend with the constables of the divison, on Monday morning the 10th of May, to go down to Guildhall Westminster, and there receive his instructions; he attended accordingly with his constables, and among these constables was the unfortunate Nicholas Casson, who was killed on that day.”

The Judge’s summing up is also notable: “every one of the witnesses that have been examined on the part of the prisoner, and not contradicted at all, own, that the first attack was given by the constables; if so, what the people did, may be said to be in their own defence, and one of them giving an accidental blow, you cannot make it any thing but man-slaughter: but for my own part, I think on the variations and contradictions that appear on the part of the witnesses for the prosecution, it is for you to determine whether you will not acquit the prisoners.”