The University of Texas at Austin

Law in Popular Culture collection

The Complete Newgate Calendar
Volume III

MAJOR JOHN ONEBY

Who murdered a Man in a Duel and cheated
the Gallows, 1729

MAJOR ONEBY was the son of an eminent attorney
at Burnwell, in Leicestershire. His father intended
him for his own honourable profession, and procured him
a marriage with the niece of the celebrated Sir Nathan
Wright, who was appointed Lord Keeper of the Great Seal
of England.
   Sir Nathan appointed him to be his train-bearer -- no in-
valuable place, but greatly inferior to what the young gentle-
man's ambition had taught him to aspire to. However he
kept his place some time, in expectation of preferment; but
failing in his views of promotion in this line he bought a
commission in the army. He served under the Duke of
Marlborough in several campaigns in Flanders, and was
promoted in the army as the reward of his military merit.
While in winter quarters at Bruges, at the close of one of
these campaigns, he had a quarrel with another officer,
which occasioned a duel, and Oneby, having killed the
other, was brought to his trial before a court martial, which
acquitted him of the murder. The regiment being soon
afterwards ordered to Jamaica, Mr Oneby went with it, and
during his residence at Port Royal fought another duel
with a brother officer, whom he wounded in so dangerous
a manner that he expired after an illness of several months ;
but as he did not instantly die, no further notice was taken
of the affair.
   The rank of Major in a regiment of dragoons had been
conferred on Mr Oneby in consequence of his services; but
on the Peace of Utrecht he returned to England, and was
reduced to half-pay. Repairing to London he frequented
the gaming-houses, and became so complete a gambler that
he commonly carried cards and dice in his pockets. Having
fallen into company with some gentlemen at a coffee-house
in Covent Garden, they all adjourned to the Castle Tavern,
in Drury Lane, where they went to cards. Mr Hawkins,

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who was of the company, having declined playing, Mr Rich
asked if anyone would bet him three half-crowns. The bet
was apparently accepted by William Gower, Esq., who, in
ridicule, laid down three halfpence. On this Major Oneby
abused Gower and threw a bottle at him; and, in return,
Gower threw a glass at the other. Swords were immediately
drawn on both sides, but Mr Rich interposing, the parties
were apparently reconciled, and sat down to their former
diversion. Gower seemed inclined to compromise the differ-
ence, saying that he was willing to adjust the affair though
the Major had been the aggressor. In answer to this Oneby
said he "would have his blood," and said to Mr Hawkins
that the mischief had been occasioned by him. Hawkins
replied he was ready to answer, if he had anything to say;
to which Oneby said: " I have another chap first."
   Mr Hawkins left the company about three o'clock in the
morning; soon after which Mr Oneby rose and said to
Gower: " Hark ye, young gentleman, a word with you ";
on which they retired to another room and shut the door.
A clashing of swords being heard by the company, the waiter
broke open the door, and on their entrance they found
Oneby holding Gower with his left hand, having his sword
in the right, and Mr Gower's sword lying on the floor.
A surgeon of eminence having examined Mr Gower's
wounds, it was found that the sword of his antagonist had
passed through his intestines, of which wound he died the
following day; on which Mr Oneby was apprehended and
lodged in Newgate.
   The circumstances above mentioned were stated on his
trial ; but some doubts arising in the minds of the jury,
they brought in a special verdict, referable to the opinion
of the twelve judges. Mr Oneby having remained in New-
gate two years, and the judges not having met to give their
opinion, he became impatient of longer confinement, and
therefore moved the Court of King's Bench that counsel
might be heard on his case. Thereupon the prisoner was
carried into court, by virtue of a writ of habeas corpus ; and
the record of the special verdict being read, the Reverend

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Bench, with great humanity, assigned him two counsel, a
solicitor and a clerk in court.
   Lord Chief Justice Raymond and three other judges
presided a few days afterwards, when the Major was again
brought up, his counsel, as well as those for the Crown, being
heard; after which the Lord Chief Justice declared that
he would take an opportunity of having the opinion of the
other judges, and then the prisoner should be informed of
the event. The Major, on his return to Newgate, gave a
handsome dinner, at the Crown and Anchor tavern, in the
Strand, to the persons who had the custody of him; and,
seeming to be in high spirits on account of the ingenious
arguments used by his counsel, entertained little doubt of
being discharged.
   After a considerable time the judges assembled at
Serjeant's Inn Hall to bring the matter to a final decision.
Counsel were heard on both sides, and the pleadings lasted
a whole day, during which the Major was carousing with
his friends in Newgate, and boasting of the certainty of his
escape, as he had only acted in conformity with the character
of a man of honour.
   The judges broke up about ten o'clock at night without
declaring their opinion.
   Not many days after this the keeper of Newgate told the
Major he must double-iron him, to prevent his making his
escape, and that he must be removed to a safer place, unless
he would pay for a man to attend him in his room. Oneby
was shocked at this news and asked the keeper's authority
for such a proceeding, but he could obtain no satisfactory
answer.
   The man appointed to attend the Major in his room was
one John Hooper (who was afterwards executioner), a fellow
of remarkable drollery, but of such a forbidding countenance
that when Oneby first saw him he exclaimed: " What the
devil do you bring this fellow here for? Whenever I look
at him I shall think of being hanged." Hooper, however,
by a knack of telling stories, soon made himself a very
agreeable companion to the Major.

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   At length the judges assembled again at Serjeant's Inn
Hall, and having declared their opinions to each other, the
Counsel for the Prosecution demanded that their Lordships
would proceed to judgment. Thereupon the sense of the
Bench was delivered to Mr Oneby by Lord Raymond, who
said that it was the unanimous opinion of the judges that
he had been guilty of murder, and that his declaring he
would " have the blood " of Gower had great weight in his
disfavour. A few days after this judgment of death was
passed against him, and he was ordered to be executed.
   On the Saturday preceding the day that he was ordered
for execution an undertaker went to Newgate and delivered
him a letter, of which the following is a copy, saying that
he would wait below for an answer:

 HONOURED SIR, -- This is to inform you that I follow the
business of an undertaker in Drury Lane, where I have lived
many years and am well known to several of your friends.
As you are to die on Monday, and have not, as I suppose,
spoken to anybody else about your funeral, if your honour
shall think fit to give me orders, I will perform it as cheap,
and in as decent a manner, as any man alive. Your honour's
unknown humble servant,                                       G. H.

   The Major had no sooner read this letter than he flew into
a violent passion, which being made known to the under-
taker he thought proper to decamp, without waiting for his
orders. When Hooper came at night to attend Mr Oneby
he told him of the letter he had received from the undertaker,
and in terms very improper for his melancholy situation
expressed his resentment for the supposed affront.
   Every hope of pardon being vanished, this unhappy man
had recourse to a dreadful method of evading the ignominy
of the gallows. On the night of the Saturday last mentioned
he went to bed at ten o'clock, and having slept till four
o'clock on Sunday morning he asked for a glass of brandy-
and-water, and pen, ink and paper, and sitting up in bed
wrote the following note: --

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Pirate


   COUSIN TURVILL,-Give Mr Akerman, the turnkey
below-stairs, half-a-guinea, and Jack, who waits in my
room, five shillings. The poor devils have had a great
deal of trouble with me since I have been here.

   Having delivered this note to his attendant, he begged to
be left to his repose, that he might be fit for the reception of
some friends who were to call.on him. He was accordingly
left, and on a gentleman coming into his apartment about
seven o'clock, and the Major's footman with him, he called
out to the latter, "Who is that, Philip?" which were the
last words he was heard to speak.
   The gentleman, approaching the bedside, found he had
.cut a deep wound in his wrist with a penknife and was
drenched in blood. A surgeon was instantly sent for, but
he was dead before his arrival.

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Newgate Calendar Vol. III Table of Contents / The Complete Newgate Calendar