Murderer, executed at Tyburn, July 25, 1729, on an appeal, after being acquitted.
This unhappy young man was born in Clare-market, and lived as a waiter at several public-houses, in all of which he maintained an extraordinary character for diligence, obligingness, and integrity.
Mr. Payne, master of the. Green Lattice, in Holborn, hired Cluff as a servant, and during his residence there, he fell in love with Mary Green, his fellow-servant; but she being courted by another man, constantly rejected his addresses, which frequently agitated his mind in the most violent degree.
Green's other lover coming to see her, sat in the same box with her, and was received by her in an affectionate manner; but this did not seem to be much regarded by Cluff, who was then engaged in attending the customers: but when the lover was gone, Mr. Payne, perceiving that something had discomposed Cluff's mind, asked him the reason of it; but could not prevail on him to tell the cause.
While Mr. Payne and his wife were at dinner in the parlour, and the girl was eating her dinner in one of the boxes, Mrs. Payne heard a noise, as if two persons were struggling, and going into the tap-room, Cluff said, "Come hither, madam." On this she advanced, and saw the prisoner holding the deceased by the shoulders, who was sitting on the floor, and speechless, while the blood streamed from her in large quantities.
Mrs. Payne called out, "What have you been doing, James?" He said, "Nothing." He was asked if he had seen her hurt herself? He said, No; but that he had seen her bring a knife from the cellar where she had been to draw some beer for her dinner. Mr. Payne now entered the tap-room, and then went into then cellar to discover if there was any blood there; but finding none, he accused Cluff on suspicion of having committed the murder; and instantly sent for a surgeon. When the surgeon arrived, he found that a knife had been stabbed into the upper part of the thigh, and entered the body of the girl, in such a planner that she could not survive the stroke more than a minute.
A bloody knife was found in the room, and Cluff was committed to Newgate for the murder. On his trial, the surgeon deposed that the knife fitted the wound that had been made, and that he believed the woman had not killed herself: but the jury acquitted the prisoner, from what they deemed insufficiency of evidence:
A discharge of the accused party would now have followed of course; but William Green, the brother and heir of the deceased, immediately lodged an appeal in consequence of which Cluff was brought to trial at the next sessions but one, when his case was argued with the utmost ingenuity by the counsel for and against him, but this second jury found him guilty, and he was sentenced to die.
After conviction, his behaviour was the most devout and resigned that could be imagined; he exercised himself in every act of devotion, but solemnly declared his perfect innocence with respect to the murder. He was visited by his friends, who earnestly entreated him to make a sincere confession; especially as in his case it was not in the power of the king himself to grant him a pardon. In answer hereto, he freely confessed all his other crimes; but, saying he would not rush into eternity with a lie in his month, again steadily denied the perpetration of the crime of which he had been convicted. The clergyman who attended him urged him to the confession of his guilt, and even refused to administer the sacrament to him on the morning of his execution, on any other terms than those of acknowledging his crime, but nothing could shake his resolution; he still steadily persisted in his innocence.
On his way to the place of execution, he desired to stop at the door of his late master, which being granted, he called for a pint of wine, and having drank a glass of it, he addressed Mr. Payne in the following terms:
"Sir, you are not insensible that I am going to suffer an ignominious death, for a crime of which I declare I am not guilty, as I am to appear before my great Judge in a few moments to answer for all my past sins. I hope you and my good mistress will pray for my poor soul. God bless you, and all your family."
At the place of execution he behaved in the most composed, devout, and resigned manner; and seemed to possess in the consciousness of innocence. There was a great concourse of spectators to witness his fatal end; to whom he spoke in the following manner: "Good people, I am going to die for a fact I never committed, I wish all mankind well; and as I have prayed for my prosecutors, I hope my sins will be forgiven through the merits of my ever blessed redeemer. I beg you to pray for my departing soul; and as to the fact now die for, I wish I was as free from, all other sins."
He was hanged at Tyburn on the, 25th of July, 1729, exhibiting no signs of fear to his last moment.
The case of this man is very extraordinary. The evidence against him was at best but circumstantial; and this not supported with such strong corroborative proofs as have occasioned conviction in many other instances. No person was witness to his commission of the murder; nor was there any absolute proof that he did commit it; and from the steady perseverance with which he denied it, under the most awful circumstances, and at the very concluding scene of his life, charity would. tempt one to believe that he was innocent. Ought not this case to afford a lesson of caution to juries how they convict on circumstantial evidence? Is it not better that the guilty should escape, than the innocent be punished? All the decrees of mortals are liable to error; but the time will come when all mists shall be cleared from our sight; and we shall witness to the wisdom of those laws of Providence, which are now inscrutable to mortal eyes. Then shall we see that what appeared inexplicable to us was divinely right; and learn to admire that wisdom which, at present, so much exceeds our finite comprehension. In the mean time, we ought to adore that goodness we cannot comprehend, and rest satisfied with those dispensations, which are eternally and immutably just.