On 12 November summons were issued for witnesses to appear at the next Ely Assize or General Gaol Delivery. Records exist showing that among those to receive a summons were John Hammant, John Clark, John Stona, William Benning, William Hawk, Thomas Boon, Ann Baggerley and Alice Setchells, and that failure to appear in court âand there give such evidence as one knoweth against Amey Hutchinson' would result in a £20 fine being issued upon the individual and their heirs. Of course £20 would have been a vast sum of money and these witnesses would have taken their duty very seriously.
Prudence Watson elaborated on her previous statement and claimed that Amy did not care about her husband, would like to âget shot of him' and âthat she didst not go to bed without taking a knife along with her'. Prudence also named Thomas Reed, butcher, as a regular visitor to Amy's house, although she only said that he had attempted to get in and made no mention of reports that he had moved in after John Hutchinson's death. Strangely, Thomas Reed was not called to give evidence.
Nor do there appear to be any surviving copies of Amy's own statements or the numerous appeals that were said to have taken place.
Amy was arrested and charged with petit (petty) treason, which was essentially the same as murder, but was considered to be more serious because the murderer was in a position of trust in relation to the victim. Petit treason applied to the murder by a woman of her husband or a servant of his master or a clergyman of his superior: in all these cases the victims were considered to be the killer's superiors in law. In the 1750s William Blackstone wrote the following in his
Commentaries on the Laws of England
: âThe punishment of petit treason in a man was to be drawn and hanged, and in a woman to be drawn and burnt' and later in the same publication that this âwas the usual punishment for all sorts of treasons committed by those of the female sex'.
Burning at the stake was abolished in 1790. From 1700 until this date women who were sentenced to be burned were strangled with a rope first. However, in several instances this was attempted only as the fire was kindling, the result being that the fire often started burning the unfortunate condemned before the executioner could strangle her. The last time a woman had been burnt at the stake in Ely was when Mary Bird had been executed for petit treason on 1 July 1737.
The final surviving document on the Amy Hutchinson case from the Ely Diocese Records is dated 10 October 1749, almost a year later than the other statements; it is the verdict from a trial said to have lasted for four hours at which Amy always protested her innocence. It concludes:
The said John Hutchinson not in the least suspecting any poison to have been mixed or compounded with the said potion but believing the said potion to be wholesome . . . by which taking and swallowing the said potion so as aforesaid compounded mixed vitiated and infected with the said poison called Arsenick the said John Hutchinson then and there became sick and greatly distempered in his body of which sickness and distemper the said John Hutchinson from the aforesaid fourteenth day of October in the year aforesaid until the fifteenth day of the same month of October did languish and languishing did live on which said fifteenth day of October died.
And so the jurors upon their oaths do say that the said Amey Hutchinson the said John Hutchinson her late husband in manner and form aforesaid feloniously, traitorously, wilfully and of her malice aforethought did poison kill and murder against the law of our said Lord the King his Crown and Dignity.
Ely Assizes were held only once each year, and while awaiting trial Amy was held in the Ely Gaol (now Ely Museum). The assizes were regarded as a great social event and attracted large crowds. Many assize towns in the shire counties had designated âhanging days', often market days to ensure the biggest crowd: the spectacle of the execution was intended to deter as many as possible from committing crimes.
The 1749 Assizes were a particular attraction because two people, Amy Hutchinson and John Vicars, were being tried for murder, and, as leniency in murder cases was rare, spectators had a good chance of seeing an execution. Curiously, both John Vicars and Amy Hutchinson were from Whittlesey and were on trial for the murder of their spouses. Amy had been married for just seven weeks and Vicars for about ten. But there the similarities ended, as after weeks of bad relations with his new wife, John Vicars had openly gone to the shop where she worked and cut her throat, then ran into the street and shouted for someone to arrest him. It was said that he admitted that âhe dearly loved his wife, but her provocation was so great, and she was such a damned whore that he could not let her live, nor live without her'. The verdict at his trial declared that he:
Feloniously wilfully and of his malice aforethought did make an assault and that he the said John Juckers, otherwise Vicars, with a certain knife of the value of four pound which he the said John Juckers, otherwise Vicars, then and there had and hold the said Mary Juckers, otherwise Vicars, in and upon the left side of the neck or throat ... one mortal wound of the breadth of three inches and of the depth of four inches of which said mortal wound the said Mary Juckers, otherwise Vicars, from the said twenty-fifth day of April in the year aforesaid until the twenty-seventh day of the same month of April ... of the said mortal wound died.
Vicars readily admitted his guilt at the assizes, his only request being that he wished to see Amy Hutchinson dispatched first. This was an unusual request in that it was common for the burning of women to occur after the other condemned prisoners had been hanged; but the wish was granted. Both were executed on 7 November 1749. A sledge drew Amy Hutchinson to the execution site and âher face and hands being smeared with tar, and having a garment dawb'd with pitch, after a short prayer, the executioner strangled her, and 20 minutes after, the fire was kindled, and burnt half an hour'. Despite the spectacle of the execution, there was some disquiet in the crowd, since there had been no solid evidence against Amy and she had never admitted her guilt.
One week after Amy's death at least two publications carried her âconfessions': the
Norwich Mercury
of 9 November 1749 contained a full account, purportedly in Amy's own words. Then the November 1749 edition of the
Gentleman's Magazine
repeated most of the account in the form of a letter from an unnamed third person who had recounted the story âchiefly' from Amy's own words.
The origin of both is a document witnessed by the gaoler Mr Alday. Amy only âsigned' with a cross, and yet she had received schooling until the age of 12 so should have been able to write her name. By contrast, the words of the statement appear to have been written by someone who had received a better education than Amy.
Whether or not the confession is genuine will never be known, but it remains an interesting and enlightening document. The final sentences are typical of the reported last words of condemned prisoners; they warn the public against bad conduct and perhaps do not ring as true as the earlier reference to another prisoner she calls T.N. If the entire statement was a fabrication it seems illogical that this passage was included as it not only shows the gaol in a bad light but also elicits some sympathy for Amy.
The
Norwich Mercury
reported:
The following is the
NARRATIVE
of the life of Amy Hutchinson as taken from her own mouth:
I was born of honest and industrious parents, and my Mother still living, of whom, next to God, I ought in duty to beg forgiveness, having by the scandal of my life reflected disgrace upon her, but very undeservedly; for I was put to school and taught to read, and brought up in a sober, regular family, 'till about 12 years of age: At which time I was taken notice of by one T.R. and much in his favour; who when I grew up to 15 or 16 made his addresses to me in the way of courtship, but without my parents consent, my own father being then alive, who being acquainted by neighbours of the correspondence carried on between us, which had ripen'd into a detestable sin, absolutely forbad the continuance of it, warned T.R. not to come to the house, and wholly debarred me from him.
Apprehensive of what might follow, tho' he had promised me marriage, T.R. now pretended a great desire of seeing London first and I growing as suspicious that this might be an expedient to leave me in my shame, was as earnest to divert him from the journey, but finding I could not prevail, we parted in great wrath; and John Hutchinson coming in that evening (who likewise courted me, but to whom I had given no encouragement before) I consented to marry him the next day. I had heard that T.R. was set out on his journey to London, however he was not gone so far but a messenger overtook him, and he was at the church door when our wedding was just over.
In three or four days after I was married, my former suitor renewed his application with threatnings, that my husband and I should not live long together; and again said,
That if I did not kill my husband, he would kill me
, and advised me to poison him; and about ten or eleven o'clock one night; when I had not been married a week, my husband being abroad, T.R. having a hanger, thrust it thro' the Window, and said,
He would stab me if I did not follow his advice
; being interrupted by some neighbours going by, he went away, but never left teasing me till I promised him to undertake that abominable act, for which I now abhor myself and repent in dust and ashes.
My late husband John Hutchinson was an Irishman, and had lived about a year and half in the town, supporting himself decently by his honest labour. His addresses to me were private, but without any indecent liberties; and when I over night consented to have him, he joyfully accepted my declaration in his favour; and procuring a licence next morning we were married; and to the time of his unhappy death, lived together about ten weeks. I must do him the justice to say, that if my behaviour had been dutiful and faithful to him, I might have lived very happily with him.
My mother and father-in-law were well reconciled to us, and every thing spoke peace and quiet, till T.R. came to me, and my husband was by my own mother and others acquainted with his frequent and public visits to me. From this discovery he grew disturbed, uneasy and peevish, and several times beat me with a belt or a stick; and tho' he never reproached me with the cause of his anger, told me I knew what it was for, and I verily believed if I could have refrained from the company of T.R. my husband would have left off his correction, which I justly deserved; and if effectual, would have prevented a sorer punishment. However, as my heart was never wholly his, and this ill treatment (as I thought it) urged me on, so it was unhappy on his part, that he seeing no amendment in me, fell into company, and took to spending his time and money abroad, and by that means left me too unguarded to the wiles of my seducer, to whom I once more abandon'd myself, forgetting all reputation, reason and humanity.
By his wicked advice I bought poison, and was directed how to use it, and to give it my husband in some warm ale, accordingly I bought some poison of Mr. Hawkins on the Thursday, and my husband happened to have two or three fits of an ague, this seemed a fit occasion to give him the fatal draught, which I did about five o'clock on the Friday morning, and about nine the same morning, going over the market place (for my mother coming in had sent me for a little wine for my husband) I told T.R. what I had done, and that my husband was yet alive, and he bid me get some more poison, as I did then of Mr. Gibbs, but there was no need of it, for my husband died the Friday about one o'clock. My mother finding that day the poison I bought last, first taxed me with a suspicion, and said,
I am afraid you have done something to your husband
, and I answered,
What makes you think so mother
, but she never gave me the reason.
My husband was buried on the Sunday evening, T.R. having never come near me for three days past, which was a longer time than he usually intermist'd his visits, came next Monday morning, and renewed his courtship, having all the time promised me marriage if my husband was dead. About noon of that day I was seized on suspicion, and my late husband's body being taken up, the coroner's inquest sat upon it, and declared he died of poison; and upon my trial at Ely, which lasted upwards of four hours and where I had the assistance of counsel as far as my case would admit, I was justly convicted of being the guilty person who administered it.
As it is the fate of wretches given over to their wickedness, to fall from one step to another, so it was my case: for being quite forsaken by T.R. who never visited me since the day I was first in custody; and being conscious that such a sentence as I deserved might pass upon me, I was partly drawn by the insinuations of one T.N. a fellow prisoner, pretending it would be a means to get me off at the assizes,
5
and partly by force, to a lewd action which I ought to have complained of as a rape; for he stopped my mouth with my apron, that I could not cry out, and it was so far my fault, that I did not make my complaint till a fortnight after; when I told the gaoler.
There are many other reports raised of a chicken poison'd, and of lewdness with other persons, which I do solemnly declare to be false. I have here truly confessed the heavy burden of my sins which has sore oppressed my mind, and hope God of his mercy will relieve that weight, and restore me, most unworthy as I am, to his grace and favour for Christ Jesus sake, who came into the World to save sinners, of whom I acknowledge myself one of the greatest.
All the Good I can now do, after my repentance and prayer to God (in which I have the assistance of Christ's Ministers) is, First, To warn all young persons to acquaint their friends when any Addresses are made to them; and above all, if any base or lewd persons dare to assault you with anything shocking to modest and chaste ears.
Second, That they should never leave a person they are engaged to in a pet, nor wed another to whom they are indifferent in spite; for if they come together without affection, the smallest matter will separate them.