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News extracts: Nov. 6, 1828: Singular Trial, Middlesex Sessions [Adolphus, Alley, Armitage, Charsley, Dowling, Holm, Phillips, Spurzheim, Williams, Wood]
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Alison Kilpatrick  
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 More options Nov 6, 8:06 am
Newsgroups: soc.genealogy.britain
From: Alison Kilpatrick <akilpatr...@ns.sympatico.ca>
Date: Fri, 06 Nov 2009 09:06:28 -0400
Local: Fri, Nov 6 2009 8:06 am
Subject: News extracts: Nov. 6, 1828: Singular Trial, Middlesex Sessions [Adolphus, Alley, Armitage, Charsley, Dowling, Holm, Phillips, Spurzheim, Williams, Wood]
Names: Adolphus, Alley, Armitage, Charsley, Dowling, Holm, Phillips,
Spurzheim, Williams, Wood.

Transcribed from the 11 November 1828 edition of The Newry Commercial
Telegraph newspaper, by permission of The British Library:

Middlesex Sessions, Nov. 6.
Singular Trial.
    Henry Haley Holm, James Wood, and Charles Charsley were indicted for
a misdemeanour, in having on the 13th of September last, unlawfully and
wilfully broken open a vault in the church of Hendon, in which certain
dead bodies were interred, and that they did unlawfully sever a head
from one of the said bodies to the outrage of public decency.
    Mr. Adolphus stated the case. The defendant Holm was a young
gentleman of the medical profession, who had devoted some attention, to
a science advocated by some, and laughed at by others, and the alleged
offence was committed with a view to solve certain doubts relative to
the system. Another of the defendants was the son of the sexton of
Hendon; and the third was a bricklayer. Mr. Adolphus then dwelt upon the
necessity of maintaining the sacred right of sepulture; and told the
Jury that he hardly durst mention to them that the defendant Holm was
charged with having cut off the head of his own mother. He understood
that the defence intended to be set up was, that immense advantages in a
scientific point of view, were to accrue from the revolting act. But
(said the Learned Counsel) if this be true, never had such a strange
idea entered into the mind of a man. Mr. Adolphus made a few other
observations; after which
    Mr. Alley took an objection to the indictment, because it did not
set forth that the defendants did the act "for gain and lucre," and,
therefore, though it was punishable by the Ecclesiastical Court, this
Court had no power to entertain it.
    Mr. Alfred Dowling followed in support of Mr. Alley's argument, and
urged several points with great ingenuity.
    Mr. Adolphus replied.
    The Chairman said, if the offence alleged in the indictment were
made out, it clearly was punishable by law.
    Mr. Phillips then called the Rev. Theodore Williams, who deposed
that he was Vicar of Hendon. On the 12th of Sept. witness saw the
defendant with a bag in his hand. Holm's father had previously requested
permission to open the vault in question, which witness refused. Holm
told witness that his son (the defendant) was a devoted admirer of
Spurzheim. Mr. Holm, sen., told witness that his only object in wishing
to have the vault opened was to collect the scattered bones; and then
witness said he would allow the vaults to be opened an hour on Saturday
morning, but could not permit the coffins to be touched. Saw the
defendant Wood on the Saturday about two o'clock, and reproved him for
breaking open a coffin. Witness asked Wood how he dared to cut off a
head; on which the latter said, it was not he who done it, but Mr. Henry
Holm.
    Cross-examined by Mr. Alley.--Gave permission for the vault to be
opened.
    John Armitage--Remembers being near the church-yard at Henden [sic]
on the 13th of September, at half-past seven in the morning, and saw a
vault open. The defendants were in the vault, and saw Holm pull down the
shroud; he was fingering about the neck part of the body; and then he
cut off the head, which he put into a bag and took away with him. Other
persons saw this as well as witness.
    Cross-examined by Mr. Alley.--Had heard something was going on, but
was passing "promiscuously."
    Some other witnesses were examined in support of the case; and the
Jury found the defendants "Guilty," but recommended them to mercy on the
ground that they had committed the offence with the idea of furthering
the interests of science.
    The Chairman said, that the Court could not pass a slight sentence
for such an offence, but would take time to consider the subject. The
defendants might be discharged on entering into recognizances to appear
next session to receive sentence.
    The case excited an extraordinary degree of interest, and the Court
was excessively crowded.

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