(Elizabeth) Martha Brown Executed 9th August 1856

                             The Thomas Hardy Connection?

                             

      Image: courtesy of Shire Hall Museum (Dorchester) and Folio Creative (photographer).

Thomas Hardy 'Tess of the d'Urbevilles' (1891)  ends with the its tragic heroine being hanged for the murder of Alex d'Urbeville, a former lover. Hardy did not depict the trial or the execution of Tess in the novel, a black flag is hoisted above the prison at Wintoncester ( Winchester)  to show that the deed was done in the very last pages of the book. We learn that 'Justice' was done, and the President of the Immortals, ....had ended his sport with Tess. 

At the age of 16,Hardy was a witness to the hanging of (Elizabeth) Martha Brown on 9th August 1856, who had been tried at the law court in Dorchester on 21st July 1856 and found guilty of the murder of her husband John.  (The building is now open to the public as the excellent  Shire Hall museum and a commentary on the trial is one of the selections on the audio-guide.) There had not been a public execution in Dorchester for just over 23 years. Some two years later, Hardy, at the age of 18 watched the public execution of James Seal for murder on 10th August 1858, but at a distance of three miles, using a telescope.CHESTER : Public hanging was abolished in Britain in 1868 and for murder in 1965: The last person executed in Dorset was in 1941.

In the last two years of his life, Hardy renewed his interest in the Martha Brown case. He requested the help of a neighbour, Lady Pinney, who was a Poor Law Guardian and one time District Councillor, and lived near the village where Martha and John set up home. Lady Pinney interviewed local people to find out what they remembered about the case.

I remember what a fine figure she showed against the sky as she hung in the misty rain, and how the tight black silk gown set off her shape as she wheeled half round and back.

( Hardy in a letter to Lady Pinney, January 20th 1926) TOMALIN 

Some of Lady Pinney's research appeared as a short monograph that was republished by Toucan Press under the title of 'Thomas Hardy and the Birdsmoorgate Murder 1856'  in 1966.

A small group of individuals interested in the plight of Martha Brown formed at the end of the 20th century. Amongst them was the writer Nicola Thorne who  has written a novel titled 'My Name is Martha Brown' (first published in 2000). In the same year the author's research into the case was published as ' In Search of Martha Brown-the true story of the mysterious woman Thomas Hardy saw Hanged'. This book also contains more of Lady Pinney's work on the subject, as well Martha and John's family history, and a record of the witness statements at the trial, amongst other important source material. Over 20 years later, it is still crucial reading for anyone interested in Martha Brown's life and death.  

At least three of Hardy's short stories dealt with the question of hanging, The Withered Arm and The Three Strangers and The Winters and The Palmleys. CHESTER  On 6th January 1923 Hardy wrote a poem about Edith Thompson,convicted of aiding and abetting the murder of her husband and due to be executed titled On the Portrait of a Woman about to be Hanged.  Edith's lover,Frederick Bywaters, attacked her husband,Percy, who seemed to have been violent to her. Percy died as a result. It is possible  that Edith may have been privy to the assault, but highly unlikely that she had murder in mind.On 9th January 1923, Edith was hanged at Holloway. 

 Martha Brown, sometimes known as Elizabeth, was the last woman to be hanged in Dorset.  Her date of birth is not known but assumed to be 1811.  Nicola Thorne established that in 1831 Martha ( then Clark) married one Bernard Bearn in 1831. Bernard (born 1792)  rented orchards and fields, also worked as a butcher at one point. Martha was one of eleven children from a family of agricultural labourers. Bernard was a widower who had had a daughter Eliza (born 1822) and a son James (1823) . Martha and Bernard went on to have two sons, William (born 1832) and John (1835).THORNE

 The demise of the family was tragic. William and John were to die in a few weeks of each other early in 1835. James died in September of that year. It is not known what happened to Eliza. So far no records have been located of Bernard Bearn after 1840. THORNE Though the sheer weight of tragedy in Hardy novel's novels is sometimes mocked, it is worth considering how harsh the lives of people in rural Dorset could be. The 1830's was also a time of great economic problems in the countryside.  

 In January 1852 Martha married John Brown, an agricultural labourer.Martha was around 41 years of age, John was 21.  Martha seems to have savings of fifty pounds PINNEY (  worth about £4,000 in 2017 using National Archives currency converter). They settled in Birdsmoorgate,a village on the far west side of Dorset.  Martha and John ran a general stores shop together, John travelled locally with a horse and cart, working as tranter -buying supplies for the shop-but probably taking on local delivery work.

Was there a pattern of domestic violence in the marriage? The witnesses statements at Martha's trial contain references to John's drinking but this was not considered to be excssive. One witness Susan Damon- remarked that Martha had referred to one Mary Davis, who lived nearby and also ran a shop, as either an 'old wench' or an 'old bitch'. The implication was that John was interested in Mary.

It is accepted that  on 5th July 1856 John arrived home at 2 am, neighbours later recalled hearing noise from their home.It transpired that John had gone to Beaminster using his horse and cart, and had been drinking. Later a witness by the name of George Fooks, stated that he was with John who was making a delivery. They stopped off at Broadwindsor and were drinking in a public house from 3 of 4  until half past 11pm. Mary Davis was with them for some of the morning. What is particularly intriguing is that a Google map search shows that Broadwindsor to Birdsmoorgate is slightly less than 7 miles away. Had John taken a detour or been otherwise held up on the way home as the journey took him far longer than one would expect?

  Martha claimed later at her trial that she had waited up for John, and was keeping his supper warm. She had heard a noise outside their home, and found John lying on the ground  outside the window, 'insensible' and groaning the word 'horse'. Martha stated that she assisted him into the house,( which would mean going through the shop to a back room in the property). Blood was flowing from his head. John begged Martha not to leave him .Some three hours later Martha went to his cousin's house nearby for help. By the time they returned John was dead.

On 7th July 1856 an inquest was held. Martha's version of events was not really accepted, it was declared that John Brown has been willfully murdered.  If the horse had got violent with and left him with such extensive injuries , it was highly unlikely that John would have managed to reach the house. Moreover,there was no trail of blood leading to the back room. Martha was taken into custody,two days later, charged with the wilful murder of her husband John Brown. 

On 21st July 1856 the trial began at Dorchester. Martha was not permitted to give evidence as was the law at the time.  One witness, a former employer, gave evidence of her 'good character',but most witnesses cast doubt on her version of events, particularly emphasising the lack of blood anywhere but surrounding John's skull as he laid on the floor . Her defence consul,one Mr Edwards, stressed that there was in fact a book recently published which showed that there were cases of individuals with head injuries who had managed to survive for hours or even days after the initial event that caused the condition. He also argued that women who murder were most likely to use poison against their husbands SHIREHALL AUDIO GUIDE, and emphasised that Martha was a loyal wife who would not have been physically strong enough to have murdered John. Also if Martha had committed such a terrible act, she would have fled the scene. Finally Mr Edwards raised the notion that  perhaps John had been attacked on the way home and possibly robbed. THORNE 

The jury were having difficulty reaching a verdict, and received permission from the judge to ask a question to the doctor who had given evidence earlier : A point of contention was whether or not the moving of the body to the inquest venue would have damaged John's skull. The surgeon's reply swayed them enough to find Martha guilty minutes later. Martha desperately maintained her innocence. 

On 31st July 1856 a petition was drawn up asking for clemency. The main concern was that Martha had killed John in a fit of passion and that there was no evidence to suggest that the murder was premeditated THORNE

On 7th August 1856 Martha finally made a confession to the prison chaplain. Stating that on the night in question, John was drunk, abusive and violent. She finally snapped and killed him with a hatchet.It's possible that Martha feared being severely assaulted or even killed by John.  Her confession state how John hit her across the head and then struck her across the shoulders three times with a whip:

Every time I screamed out I said "If you strike me again, I will cry murder." He replied "If you do ,I will knock your brains through the window, and said hoped he should find me dead in the morning, and then kicked me on the left side, which caused me much pain. He immediately stooped down to unlace his boots, and being much enraged, and in an ungovernable passion I seized a hatchet..........and struck him several violent blows on the head. ( Appendix 3)  THORNE

The chaplain rushed to London in a bid to ask the current Home Secretary Sir George Gray to grant Martha a reprieve but Sir George Gray was absent at the time. Martha's execution went ahead on 9th August 1856 outside Dorchester Prison, the notorious William Calcraft was the hangman. Mary Davis was said to have attempted the trip to Dorchester to watch Martha being hanged but was recognised and given such a hostile response that she turned back PINNEY Martha was buried in an unmarked grave. 

Modern commentators seem sympathetic to Martha. As well as the aforementioned works by Nicola Thorne, a short film was made by Nicholas Gilbey titled Martha The Tranter's Wife   ( not sure of the date), that explores the possibility of third party assaulting John on the way home. 

A theatre company called Angel Exit toured a play titled 'The Ballad of Martha Brown' with some success in 2014. 

In 2016 the remains of Martha Brown were discovered due to excavation work at Dorchester Prison. 

The BBC series 'Murder, Mystery, and My Family',series 4, episode 9, screened on 6th August 2020, discussed the case.

My personal view for what it's worth.Martha's defence and  Mr Gilbey's film certainly deserves some attention. I don't think that Martha was guilty of premeditated or wilful murder. It is also possible that something happened to John -a third party attack,the horse being frightened, or perhaps a drunken fall, on the way back to the village which caused an injury to his head. John's behaviour was enough to terrify Martha into assaulting him in self defence, leading to more than one particular cause of death. This is pure speculation on my part. 

Michael Bully

Brighton, 13th June 2023.

Please note that any errors or schoolboy howlers contained in the post above are for me to own and can not be attributed to any of the sources that I have cited. 

Sources 

Shire Hall Museum  Historic Court Museum, Dorchester, The court room where Martha Brown was tried, open to the public. 

Books

'Elizabeth Mary Brown' entry by Kate Clarke, from 'The A-Z of Victorian Crime', Neil R.A.Bell/Trevor N. Bond/Kate Clarke/M.W.Oldridge , Amberley Publishing, 2019

'Thomas Hardy and the Birdsmoorgate Murder 1856, Lady Hester Pinney, Toucan Press 1966. 

'In Search of Martha Brown-The true Story of the mysterious woman Thomas Hardy saw hanged' Nicola Thorne , Dashwood Press, 2000

'Thomas Hardy-The Time Torn Man' , Claire Tomalin, Viking Publishing, 2006

Article:  ' Hardy, Martha Brown and HMP Dorchester'  G A Chester, Thomas Hardy Journal Summer 2016

Articles on Line 

Down My Way-Thomas Hardy and Martha Brown  Fanny Brown. 'Dorset Life' , May 2014 

Capital Punishment UK entry for 'Martha Brown' 

The Mystery of Martha Brown 'The Dorset Echo' 11th November 2000 

Shire Hall Museum-Raising Voices  webpage on Martha Brown  

 Edith Jessie Thompson    Website presenting quite a convincing case for Edith's innocence. 

The Thomas Hardy Society  Dorset based literary society. 

You Tube 

The Brutal & Tragic Case of Martha Brown  'Brief Case' Channel ( contains adverts) Accessed 28th May 2023 

Trailer: The Ballad of Martha Brown   Play by Angel Exit Theatre Company. Accessed on 11th June 2023 

Vimeo 

Martha The Tranter's Wife    Short film by Dorset Film Maker Nick Gilbey 

Other executions featured on this blog

Peppermint Billy to go on trial again

Hortense, Maria Manning and Dickens's Women in Black

James Pratt and John Smith hanged for sodomy    

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