Old Bailey Proceedings:
Old Bailey Proceedings: Accounts of Criminal Trials

12th December 1787

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Currently Held: Harvard University Library

LL ref: o17871212-1




HENRIETTA RADBOURNE , otherwise GIBBONS proceedingsdefend , who was tried in July Session last, and whose case was reserved for the opinion of the Judges, was set to the Bar on the first morning of this Session, when Mr. Recorder delivered the opinion of the Judges as follows:

Henrietta Radbourn < no role > , otherwise Gibbons.

You was indicted in July Session last, for petit treason, for murdering yourmistress, Hannah Morgan: many circumstances given in evidence by different witnesses, induced the Jury to find you guilty of murdering the deceased, but there was no positive witnesses to the commission of the fact; nor was there any set of circumstances in the judgement of the learned Judge who tried you, proved by two witnesses, and therefore he thought you could not be convicted of petit treason, and directed the Jury to acquit you of that part of the charge: The information of Hannah Morgan < no role > given on oath before a Justice of the peace, and authenticated by him, was offered in evidence against you; it was objected to on account of being inadmissible on an indictment for petit treason; having only one witness; and also generally, because Mrs. Morgan did not apprehend herself to be in danger of death at the time when she gave information: The learned Judge over-ruled that objection, and the evidence was submitted to the Jury, who found you guilty of murder, but acquitted you of petit treason according to the directions of that learned Judge; upon the same evidence, you was also found guilty of murder on the Coroner's inquisition, which inquisition was also for petit treason. Upon this conviction, the learned Judge thought proper to respite the judgment upon you, upon a a doubt with her you could be convicted of murder upon an indictment or inquisition for petit treason; and also, whether the information of Hannah Morgan < no role > could be legally received in evidence. The twelve Judges have reported their unanimous opinion (Lord Mansfield alone being absent) that the learned Judge did right in admitting the information of Hannah Morgan < no role > to be given in evidence, and that you was legally convicted of murder on this indictment for petit treason.

Proclamation being made, Mr. Recorder passed sentence of death, as follows:

Henrietta Radbourne < no role > , otherwise Gibbons.

It now appears that you have been duly and legally convicted of one of the most atrocious crimes that human nature can commit: and although upon the forms of law it has been thought proper to acquit you of the aggravated crime of petit treason; yet the murder of which you were convicted, was attended with circumstances that rendered it's guilt not less atrocious, and of which you must also have been convicted, if there had been competent evidence in point of law on that point. The crime that you have committed is equally an offence against the laws of God and man; it is of all others the most aggravated in it's nature, and the most dangerous to society. Bound to the unfortunate person, whose death you have been the instrument of, by every tie of duty and obedience, while you were in her service; and one of those on whom she had a right to depend for protection, you have (instigated by the most wicked motives) in the hour of rest, and when this unfortunate lady was in her own chamber, and in her own bed, where she might expect security from all, and be under the protection of her own family; you have, with murderous intention, availed yourself of an artful means to be introduced into her chamber; where you, or those with whom you have been associated, perpetrated the horrid fact. Under circumstances such as these, you can expect no mercy from your Sovereign and the Court. The judgment of the law must necessarily take its course upon you. By means of the case that has been reserved for the consideration of the Judges, a long period has been allowed to you to reflect on the enormity of your guilt. Happy will it be for you if that period has been so employed as to work a change in your obdurate heart, and to produce in you that state of mind, which from the infinite goodness of God, may procure you that mercy hereafter, which the laws of man must of necessity deny you here. It depends on your own heart whether that respite has been fortunate or unfortunate; for unless your time has been so employed, and produced thatcontrition in your mind, I fear it will be an aggravation of your guilt. It only remains for me to discharge my duty, by pronouncing upon you the dreadful sentence of the law; which is, that you be carried hence to the place from whence you came, and from thence on Friday next, to the place of execution, there to be hanged by the neck, until you be dead, and afterwards your body to be delivered to the surgeons to be dissected and anatomized, pursuant to the statute ; and the Lord have mercy on your guilty soul!

N. B. This sentence was executed upon her on the Friday following.




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