CHAPTER V.

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Some five years previous to this event, about the month of June, 1800, a circumstance occurred which created a great sensation in the town, and occupied public attention in a most remarkable degree. It seems rather out of chronological order to go back five years; but the reader who favours me with his attention must be content to obtain my information as I can impart it. My head is not so clear as it used to be in the arrangement of such matters.

In the year mentioned there was a merchant established in Liverpool of the name of Wainwright, who was one of the actors in what nearly proved to be a tragedy. At a place called Tunstall, near Burslem, in Staffordshire, resided an earthenware manufacturer named Theophilus Smith. This Smith was in difficulties and his affairs were in much disorder. His creditors were hostile to him, and he for some time had been endeavouring to obtain a settlement with them. Amongst other creditors was Mr. Wainwright. He, however, was not one of the hostile party, but was very well-disposed towards Mr. Smith. One day, in the month of June, Mr. Wainwright received an anonymous letter, requesting him to meet the writer at a small public-house near the “Olympic Circus,” which was a temporary place of amusement erected in Christian-street, then beginning to be built upon (the Adelphi Theatre in Christian-street succeeded the Circus—in fact, this place of amusement was called “the Circus” for many years). Mr. Wainwright, on carefully examining the letter, fancied he recognised Smith’s handwriting, and resolved upon keeping the appointment, supposing that Smith, fearing arrest, dared not openly wait upon him. An arrest was an easy matter then. It was only necessary to swear to a debt and take out a writ and you could arrest anybody at a moment’s notice, whether they actually owed you anything or not. There used to be tough swearing in olden times. Mr. Wainwright went to the house indicated and there, as he anticipated, found Theophilus Smith. Mr. Wainwright concluded that Smith was about to make some disclosures relative to his affairs and that was the reason he had sent for him. But Smith only produced a printed statement of his accounts, which had been previously circulated, and made no new discovery of any consequence; he, however, most strongly and earnestly entreated Mr. Wainwright to accompany him to Tunstall, where, he said, on the following afternoon, his creditors would meet, and where Mr. Wainwright’s presence would be conducive to their coming to terms. Mr. Wainwright at first refused to accede to this request, having important business of his own to attend to, but Smith was so importunate that he at length consented to accompany him, and they set out on the same afternoon in a chaise and pair. On their way, Smith was very friendly with Mr. Wainwright, and conversed with him as any man would with a friendly traveller on a long journey. On arriving within a mile of his house at Tunstall, Mr. Smith ordered the chaise to be stopped, and got out, and requested Mr. Wainwright to do the same, saying that a mile could be saved by walking across some fields adjacent. Mr. Smith at the time expressed his dread of being arrested if he were seen on the road along which the chaise would have to be driven. Mr. Wainwright, however, declined to get out; stating it was quite unnecessary to take so much precaution; but at length, in consequence of Smith’s earnest entreaty, he consented. They then proceeded across the fields on foot. As it was commencing to rain, Mr. Smith pressed on Mr. Wainwright the use of his cloak; but this Mr. Wainwright declined. Smith then led the way across the fields, by a stile path, till they arrived at length at a small thicket, through which they proceeded, when Smith stopped short, and said he knew a nearer way. Smith then led Mr. Wainwright into a meadow, and standing before him drew out a pistol. Mr. Wainwright immediately concluded that his fellow-passenger intended to put an end to his own life, and, after a sharp struggle, got the pistol from him, remonstrating with him upon the wickedness of the act. Smith, however, drew another pistol, and fired it at Mr. Wainwright, fortunately without effect. The latter instantly sprang upon Mr. Smith and got him down, uttering loud cries for assistance. Smith begged hard for mercy, and on promising not to repeat his murderous attack, was allowed to get up. He was no sooner released and on his legs than he drew a third pistol, fired, and hit Mr. Wainwright in the body. The men again closed, when Smith drew a knife and made several attempts upon his companion’s life by attempting to cut his throat, which was fortunately well protected by the thick rolls of cambric it was then the custom to tie round the neck, as well as by a thick scarf, which was cut through in several places. Mr. Wainwright, however, never left hold of Smith until they reached his house when, the door suddenly opening, he rushed in and quickly closed it. He then came to the window and ordered Mr. Wainwright away, refusing him shelter, although it was growing dark and raining heavily. Mr. Wainwright contrived to crawl to a cottage, where he was laid up for some time, but eventually recovered from the cuts and wounds inflicted upon him. Smith absconded, and a reward of £50 was offered for his capture. This was effected after some time in Pall Mall, London, by two Bow-street runners. Smith was committed for trial at Stafford assizes, where he was found guilty and sentenced to be hung. He, however, escaped that punishment by destroying both himself and his wife in his cell in Stafford gaol, while awaiting his sentence. What Smith’s motive could be for his conduct no one could conjecture. He would give no explanation on the subject though pressed to do so. It was supposed that a sudden fit of insanity had seized him, and that his violence was the result of it. During the journey the two gentlemen were on the most friendly terms, taking their meals together and acting as travellers thrown together usually do. Mr. Wainwright’s presence was most essential to Smith to allay the hostility of his creditors, and therefore, the attempts to make away with him were still more incomprehensible.

As I sit by my fire-side with two or three old friends—friends, indeed, for I have known them all for fifty, sixty, and seventy years—we talk over old times, faces, scenes and places, in a way that calls up the ghosts of the past to our dim eyes. If my readers could listen to our stories of the old town they would hear more about it in a night than my little amanuensis could write down in a day. Many curious anecdotes and circumstances are called to remembrance by us, and I must say we talk of old times with a regretful yet pleasant feeling. I know I often startle some of my young friends by telling them of scenes I have witnessed in the last century, and I have often noticed them in their minds putting one year and another together, or subtracting one from another so that they might ascertain whether I was telling the truth or not.

I don’t believe there is another man in Liverpool alive at this time who saw the Town Hall on fire in 1795. I saw it, I may say, almost break out, for I was in Castle-street in ten minutes after the alarm had spread through the town, and that was soon done, for Liverpool was not of the extent it is now. I believe half the inhabitants turned out into the streets to witness that awful sight, although it was at five o’clock on a frosty Sunday morning in January. For my part, I was aroused by the continuous springing of rattles by the watchmen, and the rushing sounds of people running along the street. I was soon out of bed and joined the throng of people who were hurrying to the scene of disaster. When I arrived there, a crowd had already assembled. Castle-street was then very narrow. It was quite choked up with people. Dale-street was beginning to be crowded while High-street and Water-street were quite impassable. From the windows of all the houses the terrified inmates were to be observed en dishabille, and the large inn in Water-street, the Talbot, which was nearly opposite the Town Hall, had people looking out at every window.

The smoke first made its appearance at the lower windows of the Town Hall. The doors having been forced, a party of men got into the interior of the building, and brought out for safety the books of the various departments, and some of the town’s officers having arrived, something like system took the place of the dreadful confusion which prevailed. The town records, the treasurer’s accounts, and the muniments, etc., were safely removed to a house at the end of High-street. I helped to keep order. Assisted by many other volunteers for the work we formed a lane so that there should be no impediment to a quick removal of anything that was portable. The fire was first discovered about five o’clock in the morning by the watchman on duty in the street. They were dull old fellows, those watchmen, and of but little use, for in calling the hour nine times out of ten they made a mistake. The thieves laughed them to scorn. When the watchman saw smoke issuing from the windows he gave the alarm without delay. The fire soon showed itself, when it had once got ahead. When the new Exchange was erected, after the former one had been taken down in 1748, somebody persuaded the authorities to have the woodwork and timber of the new building steeped in a composition of rosin and turpentine, so as to make the wood more durable. It may therefore be readily imagined how inflammable such a composition would make the wood, and how fiercely it burned when once ignited. There had been a perceptible odour of some sort experienced in the Exchange building for some days, and this was afterwards discovered to have arisen from the woodwork under the council-chamber having taken fire through a flue communicating from the Loan-office; and there is no doubt it had been smouldering for days before it actually made its appearance. It could not have been ten minutes after I arrived on the spot before the flames burst out in all their fury. It was an awfully grand sight. It was yet dark. What with the rushing and pushing of the anxious crowd, the roaring of the fierce flames, and the calling of distracted people, it was an event and scene never to be forgotten. The building was soon all in a blaze, and nothing on earth could have stopped that frightful conflagration. It was a mercy it was a calm frosty morning or the houses in the four streets adjacent must have caught the flame. From the age of these houses, the quantity of timber in them, the narrowness of the streets, and the absence of a copious supply of water, I am sure Liverpool would have been half consumed if a wind had sprung up. I thought the building looked like a great funeral pile as the flames roared out on all sides. It was a grand, yet dreadful sight. The whole of Castle-street was occupied by people, although, from the position of the Exchange, a full front view could not be obtained, it being almost parallel with the west side of Castle-street. The best view of it was where I stood at the top of Dale-street, by Moss’s bank. The dome, being constructed of wood, soon took fire, was burnt, and fell in. We had not then as now powerful engines, long reels of hose, and bands of active men well trained to their arduous and dangerous duties, still, everybody did his best and seemed desirous of doing something. We did that something with a will, but without much order, system, or discretion. The engines in use were not powerful, and the supply of water was not only tardy but scanty, as you may believe when I tell you it had to be brought from the town wells, the Dye-house Well in Greetham-street, the Old Fall Well in Rose-street (where Alderman’s Bennett’s ironwork warehouse stands, near the corner of Rose-street—by the way, Rose-street was called after Mr. Rose, who lived in the house next the Stork Hotel), and the wells on Shaw’s-brow; indeed, every possible source where water could be obtained, was put in requisition. The inhabitants allowed the rain-water to be taken from their water-butts in the vicinity to such liberal extent that I verily believe there was not a drop of rain-water to be got for love or money when that eventful day was out. Staid housewives for many a day after complained of the dirt the trampling of feet had made in their lobbies and yards, and deplored the loss of their stores of soft-water. At that time water was precious, every drop that could be obtained was saved, garnered, and carefully kept. Every drop of hard-water we consumed had to be brought to our doors and paid for by the “Hessian” or bucket. The water-carts were old butts upon wheels, drawn by sorry horses and driven by fat old creatures, half men half women in their attire and manners. The buckets were made of leather and the water was sold at a halfpenny per Hessian. They were so called, I believe, from their fancied resemblance to the Hessian boots. You may judge how inadequate a supply of water we had when our wants were dependent upon such aid. The water-carts came rumbling and tumbling along the streets, in many cases losing one-half of their loads by the unusual speed at which they were driven and the awkwardness of their drivers. Water was also carted from the river, and I helped with others to push the carts up Water-street. The steep ascent of this street in its badly paved condition made this work extremely laborious. But everybody helped and did what they could, and those who did nothing made up for deeds by words and shouted and bawled and told the others what they ought to do.

Fortunately, only one life was lost, that of a fool-hardy young man who would press forward to see the fire better—he rushed up to the High-street door and a piece of timber fell on him. The surging of the crowd caused several persons to be struck down and trampled upon. I saved one woman’s life by beating off the people who would have crushed her. By twelve o’clock the fire had slackened considerably, and by the evening it was to all appearance subdued. But the fire in the interior remained smouldering for some time afterwards. In the churches on that day the event was alluded to in a very feeling manner, and in St. Peter’s Church the rector offered up a prayer of thanksgiving that the town had been spared from a more extensive calamity.

At this time High-street (there was a famous tavern called the “Punch-Bowl” in this street) was the communication between Castle-street and Old Hall-street, and it is a most strange circumstance that the direct line of road was not retained instead of cutting the new street called Exchange-street East through the houses and gardens between Tithebarn-street and Dale-street. It was a great mistake, and everybody said so at the time. Many great mistakes have been made in respect to our streets and public buildings, not the least of which was the blunder of filling up the Old Dock, and erecting that huge and ugly edifice, the Custom-house, thereon.

I believe if the conflagration had extended from the Exchange to some distance in the adjoining streets, we should have had some vast improvements effected. From the narrowness of Castle-street may be imagined what a scene of confusion it must have been during the fire. It is quite a wonder that many lives were not lost during that morning of terror. The inhabitants of the four streets in many cases prepared for flight, for the fire raged so fiercely at one time that the escape of the houses in the vicinity from destruction seemed miraculous. While I was helping to draw water from the yard of some people I knew in Castle-street, a burning ember or piece of timber fell into a lot of dirty paper which would in five minutes have been alight if I had not been there to extinguish it. There were many such wonderful escapes recorded.

The trial of Mr. Charles Angus for the alleged murder of Miss Margaret Burns (who was his late wife’s half-sister) in 1808, may be considered as one of the causes celebres of the time. It took place at Lancaster, on the 2nd of September, before Sir Alan Chambre. Sergeant Cockle, and Messrs. Holroyd, Raine and Clark, were for the Crown; Mr. T. Statham, attorney. Messrs. Topping, Scarlett, and Cross for the prisoner; Mr. Atkinson, attorney. Mr. Angus was a gentleman of Scotch birth, and resided in Liverpool—in King-street, I think. He had been at one time an assistant to a druggist, where he was supposed to have obtained a knowledge of the properties of poisons, and he was charged with putting this knowledge to account in attempting to produce abortion in the case of Miss Burns, who was suspected of being pregnant by him, and thereby causing her death. Miss Burns was Mr. Angus’s housekeeper, and governess to his three children. The case rested entirely on circumstantial evidence, made out against the prisoner by his conduct previous to the supposed commission of the deed, by his conduct at the time and afterwards. At the time the strongest prejudice ran against Mr. Angus, and it must be said that the public were not satisfied with the verdict of the jury; but at this distance of time, those who had an opportunity of looking over the evidence, and remembering the case in all its bearings, will at once say dispassionately that there was not a shadow of evidence against Mr. Angus. Miss Burns, who had been unwell for some time, was noticed previous to the 23rd of March, 1808, to be ailing, and that her size had materially enlarged; and it was suspected, as adduced by several witnesses, that she was enceinte. On the 23rd of March she complained of being very unwell, and went to lie down on a sofa in the breakfast-room where she remained the whole of the day, thirsting and vomiting. Mr. Angus would not allow his servants to sit up with Miss Burns, but remained in the room with her the whole of that night, the next day, and the following night. On the 25th Miss Burns said she felt better. A servant on that morning was sent to Henry-street for some Madeira that Miss Burns fancied. On her return, not seeing the lady on the sofa, where an hour previous she had left her, she looked round the room and discovered her doubled up in a corner of the room with her face towards the wainscot, while Mr. Angus was asleep sitting in a chair covered by a counterpane. The evidence was most conflicting. Several witnesses declared Miss Burns was not pregnant, others that they believed she was. The medical evidence was also of a most bewildering and diverse nature. Some of the most eminent surgeons in Liverpool were examined, and none of them agreed on the case. This fact came out that no signs of childbirth were visible as having taken place—no dead infant was discovered. The room in which Miss Burns and Mr. Angus were, was at all times accessible to the servants, and no cries of parturition were heard during the lady’s illness. The fact of the matter was, Miss Burns had suffered from an internal complaint, and died from natural causes. This was shown by Dr. Carson, then a young and rising physician at the time, and who afterwards published a pamphlet in which he utterly demolished the medical evidence given at the trial for the crown.

The jury, after a few minutes’ deliberation, returned a verdict, finding the prisoner “Not Guilty,” on grounds as unimpeachable as the trial. In some of the circumstances attending and resulting from it, it was disgraceful, especially on the part of the medical witnesses for the crown, in their conduct towards the one for the defence—Dr. Carson. I have before me an authentic “Report of the Trial,” “A Vindication of their Opinions,” published by those witnesses, and Dr. Carson’s “Remarks” on that publication, in which he exposes their shortcomings with a master’s hand, in a style as terse as it is bold, and as elegant as it is severe; never were the weapons of irony, satire, and invective more effectively used; his impeachment is as withering as his victory at the trial was complete. The authors of the “Vindications” had not only done what in them lay to ruin him in every conceivable way, public and private, but they had exposed themselves to his “Remarks,” all-pungent as they were, by going into court and giving opinions founded upon “the most disgracefully deficient dissection ever made.” The sore which they had inflicted upon themselves at the trial did not heal under the caustic of the “Remarks”; and so the doctor became a victim to local prejudice, passion, and persecution. But he gained to himself a world-wide reputation which outlived them all; the honours of the French Academy were bestowed upon him, and he took his stand among the literary and scientific magnates of the day. As to the trial, the theory of the prosecution was that the prisoner caused the lady’s death by administering a poison to procure abortion, and it was based upon a hole in the coats of the stomach, and a peculiar mark in the uterus; the medical witnesses for the crown affirming that the former could not have arisen from any other known cause than poison, and the latter a sure sign of recent delivery. No poison was found in the stomach or intestines, nor were the supposed contents of the uterus ever found, and no other part of the body was examined. The hole in the stomach presented the same appearance, and was described in the same terms as those which John Hunter had called attention to as occurring in certain cases of sudden death, where there was no suspicion of poisoning, and caused by the action of the gastric juice. Doctor Carson accepted Hunter’s facts, but propounded a theory of his own, being guided to his conclusions by the experiments of Sir John Pringle and Dr. Bride, in reference to water at the temperature of 90 degrees dissolving animal substances. He successfully combated the notion about poisoning from another point of view, namely, the symptoms during life, the comparative mildness of which did not correspond with the usual effects of the poison fixed upon. As to the mark in the uterus, he gave his opinion that it might have arisen from other causes than the one alleged; two phenomena were absent, and upon this fact he asserted it to be physically impossible that there could have been a recent delivery; and, moreover, in his “Remarks,” he proved mathematically that the mark was four times the size it ought to have been on that hypothesis. Miss Burns had not been attended professionally by any one as she was averse to doctors. Mr. Angus in his defence ascribed the whole of the legal proceedings against him to the malevolence of two interested parties, and had it not now been for their influence, the circumstance of Miss Burns’ death would have passed over without remark. Mr. Angus, so far from desiring to harm Miss Burns, expressed himself as deeply indebted to her for her care of his children and the affection and attention to his comforts she had always manifested, and emphatically declared he “loved and respected her too well to dream of doing her any harm.”

                                                                                                                                                                                                                                                                                                           

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