Murder or not, this was a case that helped bring the antiquated English legal system into the 19th century.
It was Whit Monday, 26th May 1817, the first holiday of the year and a favourite time for country folk to celebrate. Although the weather that May was unusually cold, it did not dampen the spirits of the young folk planning to party at the Tyburn House on the Chester Road.
One of the revellers was 20-year-old Mary Ashford, who worked as a housekeeper for her uncle, a farmer at Langley Heath near Sutton Coldfield. She had walked that day from Langley to Erdington to the home of her friend, Hannah Cox at Erdington and the two then walked on to the Tyburn.
Mary was a pretty girl with a vivacious personality and much in demand as a dance partner. However, after Mary had danced with Abraham Thornton, none of the other young men got a look in. Abraham was a well-to-do farmer’s son, whose father ran Shard End Farm and was a steward of Lord Bradford.
By midnight, Hannah Cox, who had not enjoyed the same attention as her friend, was ready to go home and after several more dances, Mary reluctantly agreed to leave.
Mary And Abraham Leave The Party
Hannah was accompanied by a young man by the name of Benjamin Carter, Mary by Abraham Thornton. Carter, however, did not stay long with them and soon went back to rejoin the party at the Tyburn Inn. And some short time later Mary and Abraham bid goodnight to the hapless Hannah who had to make her way home alone in the darkness as best she could.
Hannah reached Erdington about an hour later and went straight to bed.
But at 4 o’clock in the morning her sleep was disturbed by a knocking at the door. Looking out of the window, she was surprised hear the voice of her friend Mary Ashford calling to her in the early morning light.
Hannah let her in and Mary explained that she had slept at her grandmother’s house in Bell Lane (now Orphanage Road, Erdington) rather than go all the way back to her uncle’s farm. She had now come to Hannah’s house to change out of her party clothes before going on home.
She told Hannah what a wonderful time she had with Abraham and shortly afterwards she left for her uncle’s. What Mary did not tell Hannah was that she had not been to grandmother’s at all; she had spent the hours of darkness wandering about the country lanes and fields with Abraham Thornton.
At half past four Mary was seen making her way towards Langley Heath. This was the last time that Mary was seen alive.
Mary’s Body Found
At seven o’clock a man by the name of George Jackson was on his way to work along a path near Penn’s Mills when he noticed a bonnet, a pair of shoes and a bundle of clothes on the bank of a water-filled pit. George could see no-one about and feared the worst. He ran to the mill and called for help.
Some of the mill workers came and dragged the pit where the lifeless body of Mary Ashford was soon pulled from the water.
Thornton Arrested For Murder
News of the discovery spread quickly and later that same day, Abraham Thornton was arrested on suspicion of murder by Thomas Dale, a police officer sent from Birmingham. After being interviewed at the Tyburn House by a magistrate, Thornton was committed to be tried at the Warwick Assizes where the date was set for 8th August.
In the meantime local opinion and the popular press had already judged the accused to be guilty. Mary was portrayed as poor but honest, sweet and amiable and strictly virtuous, whereas Thornton was described as the fiendish destroyer of her virtue and life.
The Trial
On the day of the trial the public gallery at Warwick was full to capacity and a large crowd stood outside the doors of the court. The press were there in numbers for this was a trial that had provoked national excitement.
The trial was to last for over 12 hours.
The prosecution brought forward many witnesses as to the whereabouts of Mary, and others who had seen her with Abraham Thornton. The last time Mary had been seen was at half past four in the morning heading back towards her uncle’s house at Langley Heath.
However, the counsel for the defence was able to produce a witness who had seen Abraham at about the same time several miles away. One witness had a friendly conversation with him at Castle Bromwich and others, some of whom had also spoken to him, testified that his demeanour was perfectly normal. Thornton’s route could be verified as along the Chester Road, through Castle Bromwich and on to Shard End Farm and times were given.
The judge took two hours to sum up the case and concluded by emphasising to the jury that if they had any doubt, they should find the accused not guilty. It was better for a guilty man to escape the law than for an innocent man to be hanged for a crime that he had not committed.
The Verdict
After a long day in court, the jury’s deliberation lasted six minutes only. They found the farmer’s son not guilty of the murder of Mary Ashford and the judge set him free.
This verdict did not satisfy the waiting crowd, however, and Thornton was lucky to get away from the court without serious injury. Dissatisfied though the press and the public were, that should have been the end of the matter.
But the story would not lie down. Mary’s brother, William Ashford was to take the matter further as we see in Part Two of this story.
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