Newspaper Extract
Fire at home of John Oxley
August, 1832The trial was held at York, on Wednesday, March 6th, 1833, before Mr. Baron Gurney for The Crown.
Ebenezer Wright was put to the bar, charged with having, on the night between the 13th and 14th days of August last, feloniously set fire to a stack of straw and a stack of hay, at the township of Whiston, in the West Riding, the property of John Oxley.
Mr. Maude, with Mr. Milner, conducted the prosecution, and Mr. Dundas the defence.
Hannah Beckett swore that she lived at a place called Moorgate, about half a mile from the town of Rotherham, at a farm of Mr. Oxley's, the prosecutor. It was her custom to look out, the last thing every night, to see that all was safe, and on the night of the 13th August, a little after 11 p.m., she did so, and then there was no fire, nor apparently anything that was likely to cause it. Very early on the morning of the 14th, about 1 a.m., they were alarmed, and on going out, found that a stack of wheat straw was on fire, and a stack of hay was also on fire. An alarm was given, but the stack of straw was all consumed before any effectual assistance could be given. Part of the stack of hay was saved.
Cross-examined: The hay was new hay that year. It was made of grass. There might be some clover in it. It was hay; many things will make hay. The stack of straw was all wheat straw; neither barley straw nor stubble was in it.
George Hayland was a miner. He saw the prisoners. They said that Oxley was a lawyer, and had served out Wright for an assault at the last sessions, and they would serve him out.
A witness named Cooper deposed to having seen a man, on the morning of the 14th, running along the top of the street calling fire! fire! He also saw the prosecutor, who lived near, go to his own door and take the key out of his waistcoat pocket, unlock the door and walk in, shut to the door, and make it fast inside.
Cross-examined: The prisoner had lived there for a great many years; there had been no cast out between him and the prisoner. They never quarrelled. There had been a little difference between them once.
The prosecutor stated that he received information of the perpetrators of the act first from a person named Jackson, and afterwards from a prisoner named Samuel Norburn, and who was also under an indictment for this offence. A fortnight elapsed from the time of the fire before any discovery was made, and £50 reward was offered by the Secretary of State for the Home Department, and another £50 was offered by him. Was an attorney, and in the business of his profession he had conducted a prosecution against Wright at the last Rotherham sessions. Not an assault against himself. The prisoner's turning King's evidence had been mentioned, but not to him, and no inducement had been held out to him to confess.
A written confession was then put in, which stated that the prisoner and Norburn, after leaving the public-house on the night of the 13th, went to Moorgate farm; that they there struck a light, both of them blew the tinder, and the prisoner then set the straw stack, and Norburn the hay stack on fire; that the prisoner fired the straw in two places, and Norburn the hay in five. It made a great light, and they then went away, and were afraid of being seen by the light.
The Judge summed up the case to the jury, who immediately found the prisoner guilty.
Trial of Samuel Norburn
His Lordship then directed a new jury to be called, when Samuel Norburn was put to the bar, charged with the same offence. A great part of the evidence was the same in this as in the preceding case, but it appeared that their guilt first became known by Norburn going to the house of a witness named Jackson, where he confessed to having been with Wright, and stated that he (Norburn) had the week before quarrelled with his wife, and they had been parted before the magistrates, and he was to allow her 5s. a week.
On their leaving the public-house on the night of the 19th, Wright told him, "Let us go up to Moorgate; there are two girls will meet us there; they are waiting by now." Norburn said, "I'll go, I am a single man now." That they went out. When they got to the farm, Wright jumped over the wall, and while Norburn was standing by a hedge in the road, Wright set fire to both stacks. Norburn said, "What hast thou done?" Wright said, "I have served that d... d.... out now for what he did to me at the sessions, but don't you tell; if you do, we shall both be hung; and if I thought thou would, I could stab thee this minute," and pulled out his knife.
They went away, and being afraid of being seen by the light, jumped over a wall, and struck across a field. Wright said, "They burnt well," and again threatened Norburn. On the Saturday after Norburn was walking up and down the street in hopes of meeting his wife, when he saw the door of the house opened where she lived, and on looking in, Wright was there at play with her. This exasperated him and made him think that all the difference between him and his wife had been occasioned by Wright. He went to Jackson and asked his advice what to do. Jackson said he would go and consult his friends, and went out of the house for that purpose, but in fact went to the prosecutor and gave evidence.
During the trial Jackson added some particulars to the confession, which had not been taken down before the magistrate, and which he said he did not then divulge through fear. In these parts of his story, he gave in some measure confirmed by his wife and a son about 14 years of age, but he admitted that Norburn had said he would himself go and tell Oxley, and that prisoner said that he had been to Oxley's, who was from home in Cumberland at the time. Oxley said he was then in Cumberland.
The Learned Judge, in summing up the case, said it was a very improbable story that a man who intended to set stacks on fire should take a witness with him, unless they were both first agreed about the act.
The jury retired for a short time, and brought in a verdict of Guilty, but recommended the prisoner to mercy.
Judgement of death was recorded.
Execution of Ebenezer Wright
Ebenezer Wright, a Joiner, aged 29, of Rotherham, was executed at York Castle on 30th March, 1833.
At twelve o'clock he suffered the extreme penalty of the law, behind York Castle, persuant to his sentencing at the last assizes.
When in his cell he was urged to pray, and prepare for another state of existence, he treated those who gave him such advice with the greatest sarcasm.
In a letter which he wrote to his friends a few days ago, he declared that he did not repent what he had done, as his prosecutor richly deserved it.
At twelve o'clock the Under Sheriff. W. Gray, Jun. Esq. demanded the body of Ebenezer Wright, and he was led to the fatal scaffold.
Wright walked with a firm step and indeed appeared careless and indifferent; he never spoke to anyone since leaving his cell.
The ordinary then offered up the accustomed prayers. Wright seemed to exhibit upon his countenance a malicious grin. The prayers having been concluded, the executioner immediately commenced his awful duty.
Before Wright had a cap put over his face, he kicked off his shoes, which fell into the garden, but he never spoke a word. Being ready, the bolt was drawn and he was launched into eternity, he was a tall fine looking man, and seemed to
