The University of Texas at Austin

Law in Popular Culture collection

The Complete Newgate Calendar
Volume IV

MARTIN CLENCH AND JAMES MACKLEY

Believed to be innocent of a Charge of Murder, they
were executed before Newgate, 5th of June, 1797, after
the Gallows collapsed

THIS is another case wherein, it was believed, the
unfortunate men died innocent of the crime alleged
against them.
   Sydney Fryer, Esq., a gentleman of considerable property,
on Sunday, 7th of May, 1797, called, by appointment, on
his cousin, Miss Ann Fryer, who resided in Shepherd
Street, Oxford Street, in order to take a walk with her into
the environs of London, to pay a visit to their aunt. When
they had proceeded across the fields to the back part of
Islington Workhouse they heard, as they thought, a female
voice in distress; upon which Mr Fryer, contrary to his
cousin's advice, leaped over the hedge into the field whence
the voice seemed to proceed, but instead of seeing a woman
he met with three men, who, upon his rashly drawing his
tuck-stick (the sword of which dropped out), fired, and
wounded him a little above the left eye, and he fell into a
small pond. One of the villains took the watch out of his
pocket and a purse from the lady, and another took her
cloak, Mr Fryer died two hours after.
   Several were taken up on suspicion and strictly examined,
in the presence of Miss Fryer, but dismissed for want of
evidence. On the 27th of May the Worship Street officers
apprehended Clench, Mackley and one Smith, a chip-hat
maker; but no criminality appearing in the latter, he was
discharged, and the other two fully committed.
   The prisoners were most impartially tried by Mr Justice

223


Grose. They had four counsel: Messrs Const, Knapp,
Alley and Gurney; so that no ingenuity was wanting to
plead their case effectually to the jury. Indeed there was
no positive evidence except Miss Fryer's, who swore to the
identity of the two prisoners' persons.
   The jury, having retired for half-an-hour, returned with
a verdict of guilty.
   These two men were accordingly executed, and their
bodies were publicly exposed in a stable, in Little Bridge
Street, near Apothecaries' Hall, Surgeons' Hall.
   A short time before their caps were drawn over their eyes
the platform, by some improper management, suddenly went
down, with the two clergymen, the executioner and his man.
The Catholic priest who attended Clench, being very lusty,
suffered most, but fortunately not materially. When the
two men died, most of the people were of opinion that
their fate was just ; but soon after the confessions of three
separate criminals, who could have had no interest in taking
the crime upon themselves, threw a different light upon the
transaction, and recalled to mind the strong assertions which
Clench and Mackley had made of their innocence; for
Clench, upon retiring from the bar, returned thanks to the
Court for the fairness of his trial, but observed (though in
a rough way) that, though they were condemned to die,
and be teased afterwards, alluding to their dissection, they
were no more guilty of murder than their prosecutrix.
One Burton Wood, who was afterwards executed at
Kennington Common, and another, while under sentence
of death, wrote a letter to Carpenter Smith, Esq., magistrate
of Surrey, declaring the innocence of Clench and Mackley,
for that they were, with another not then in custody, the
murderers. Soon after the third man suffered for another
offence at Reading gallows, and made the same confession.
His name was Timms.

[224]


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