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.
