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Victorian Crime. Heat of the Moment

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His relatives however could remember his story and how he had suffered, and as they gave evidence his story came to light. When Robert was 17 years old he joined the army, the 16th Regiment of Infantry, then transferred to the Horse Artillery, the while in India he suffered sunstroke.

Then in the most badly run campaign of British Army history, Robert served as a gunner in the Crimean War in 1854. Due to badly planned attacks against the Russians thousands of British soldiers lost their lives, thousands more died because of lack of food, medical supplies and appalling conditions which caused cholera. The war office sent a letter to the court telling how, Robert had suffered head injuries when an artillery shell had exploded close to him. His family also explained during a Russian attack a bayonet had been stabbed in his forehead. Before the war his brother said Robert was a very steady young man and told of the depression and agony he had suffered after the war.

It was at this point Dr Mathew Francis a surgeon was called in to see what level Robert’s sanity had been affected by his injuries.He was to say if the injuries were 24 years old they were severe enough to cause loss of sanity in hot conditions, and the day he killed the pilot was the hottest day of the year well over 90 degrees. The prosecution disagreed, they said what he did was due to alcohol, but no one had seen Robert drinking and all the alcohol still had the seals on the bottles.On the same day Friday 12th July the jury’s verdict was Guilty, but with a strong recommendation to mercy. The jury hoped he would be sent to Broadmoor Criminal Lunatic Asylum instead of the gallows, but they were wrong. Judge Justice Baggally, with the black cap on his head told Robert: The law imposes on me the duty of passing sentence of death upon every person convicted before me of the crime of wilful murder. I have no discretion in the matter.

The jury have recommended you strongly to mercy,. It will be my duty to forward that recommendation to the proper place where it will receive the very fullest consideration. But I most earnestly emplore you not to rely upon that recommendation to mercy leading to your sentence being commuted but to endeavour from this moment to make your peace with God. It remains with me only to pass the sentence upon you in the terms of the law and that is, that you be taken to the place from whence you came and from thence to the place of execution and shall there be hanged by the neck until you are dead. And that your body shall be afterwards buried in the prison in which you shall be last confined after this your conviction. And may the Lord have mercy on your soul!.

Immediately names were collected from people in Sunderland, Durham, Chester-le-Street and Seaham to form a petition and save Robert’s life, and money collected for his wife and five daughters who were to be left in poor circumstances. Dr Smith of Sedgefield backed by Reverend Blunt of Chester-le-Street lead a campaign for a detailed inquiry into Robert’s mental condition, but it would do no good. The newspapers gave a detailed record that on 30th July 1878 about how Robert Tears fell down his cheeks while his eyes were red and swollen showing he had passed an uneasy night. As the hangman went to tie Robert’s arms and legs together, he begged him to wait until he had shaken hands with everyone there. He then turned to the chaplain as the hood and noose were placed over his head and said: I’ll pray for you in Heaven. Then the trapdoor opened and Robert fell to his death.

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