The battle was thus begun, and the combatants were bound to fight till the stars appeared in the evening.
If the appellee were so far vanquished that he could not or would not fight any longer, he was adjudged to be hanged immediately: and then, as well as if he were killed in battle, Providence was deemed to have determined in favour of the truth, and his blood was declared attainted. But if he killed the appellant, or could maintain the fight from sun-rising till the stars appeared in the evening, he was acquitted. So also, if the appellant became recreant, and pronounced the word _craven_, he lost his _liberam legem_, and became infamous; and the appellee recovered his damages and was for ever quit, not only of the appeal, but of all indictments likewise of the same offence. There were cases where the appellant might counterplead, and oust the appellee from his trial by battle: these were vehement presumption or sufficient proof that the appeal was true: or where the appellant was under fourteen, or above sixty years of age, or was a woman or a priest, or a peer, or, lastly, a citizen of London, because the peaceful habits of the citizens were supposed to unfit them for battle.
It is almost needless to add, that this remnant of barbarity has now ceased to exist, an act of parliament, the introduction of which was attributable to the above case, having removed it from the pages of the lawbooks by which our courts are governed.
The murders of the Marrs and the Williamsons were not yet forgotten, when others of a nature equally atrocious and mysterious were committed upon the persons of Mr. Bird, a retired tallow-chandler, who lived at Greenwich, and who was eighty-three years of age, and his housekeeper Mary Simmons, aged forty-four, on the 8th February 1818.
Mr. Bird, it appears, had amassed a considerable fortune by his exertions in trade, and had retired to live on the competency which he had secured for himself at a house at Greenwich, where, his wife having died about two years before, a poor woman named Simmons lived with him in the capacity of housekeeper. The fact of the murder was discovered under circumstances of a curious nature. Mr. Bird and his housekeeper, it appears, had been in the habit of attending Greenwich church regularly, always making it a point to be in their pew before the commencement of the service. On Sunday morning the 9th February, it was remarked that they were not in the church as usual; and at the conclusion of the service, the alarm which had been by this time excited was increased by the discovery of the fact that the house in which they lived had not yet been opened. The beadle of the parish, in consequence, conceived that he was bound to make some inquiries; and having knocked at the door without receiving any answer, he forced an entrance at the back of the premises. On his entering the house, a most shocking spectacle presented itself to his eyes. The body of the housekeeper was found lying in the passage, presenting a most fearful appearance, the skull being frightfully fractured, apparently with a blunt instrument. In a parlour adjoining the passage was found the body of the unfortunate Mr. Bird, lying on the ground, with his arms stretched out, and his skull also fractured in the same manner as that of his housekeeper, and with the same weapon. On the other rooms of the house being examined, it became obvious that plunder was the object of the murderer; and it was found that the pockets of the deceased had been rifled of the keys of the various drawers and boxes, which were found above-stairs marked with blood. Some silver spoons, &c. had been stolen, for it was known that such articles were in the possession of the deceased, but it was unknown what other property had been carried off; although the only money found in the house was 3_l._, which were in a secret drawer, and which had apparently escaped the attention of the murderer. On more minute inquiry being made into the probabilities of the case, it was ascertained that Mr. Bird and his housekeeper were in the habit of retiring to rest at about ten o'clock on every night; but from both of them being dressed, it was obvious that the murders had been effected before that time. Mr. Bird, it appeared, had been reading, as a book was found open on the table, and a pair of spectacles was clenched in his hand as he lay. The murderer, it was supposed, must have obtained admission by the backdoor, as it was known that the front-door was always kept chained, and was found to be still in the same condition.