“The Bill of Rights people that have spirited her up”
The brothers’ death sentence was changed to transportation to the American colonies. Matthew, convicted of fatally striking a watchman named George Bigby, was to stay out of Britain for life; Patrick for fourteen years.
One of the members of Parliament who championed the Kennedys’ cause, the Earl of Fife, wrote to another, George Selwyn, on 28 April:
Just after I wrote to you this morning, I went to Mr. Stuart, on Tower Hill. I settled the free passage for Kennedy, for which I gave him fifteen guineas, and I got a letter of credit for ten, in order that the poor fellow might have something in his pocket; I also got a letter of recommendation to a person in Maryland, who will be vastly good to him.Presumably the other four “dreadful creatures” remained chained together. Neither they nor the fifty-plus other people in that hold had a sister who was a popular courtesan. Only for Kitty Kennedy would Fife have bribed John Stewart, the Contractors of Transports, to obtain special treatment.
Mr. Stuart told me he believed the ship was sailed; however, I resolved to spare no pains to relieve the poor man, and therefore directly set out for Blackwall, and very luckily found the ship not gone.
I went on board, and, to be sure, all the states of horror I ever had an idea of are much short of what I saw this poor man in; chained to a board, in a hole not above sixteen feet long; more than fifty with him; a collar and padlock about his neck, and chained to five of the most dreadful creatures I ever looked on.
What pleasure I had to see all the irons taken off, and to put him under the care of a very humane captain, one Macdougal, who luckily is my countryman, and connected with people I have done some little service to! He will be of great service to Kennedy; in short, I left this poor creature who has suffered so much, in a perfect state of happiness.
Some people in London didn’t like that. They viewed the commutation of the Kennedys’ sentences when so many other people were being hanged for lesser crimes than murder as an example of government corruption.
In 1770 the Londoners most concerned with government corruption were the Bill of Rights Society, radical activists gathered (at least for a few more months) around John Wilkes.
Prominent among those men was the Rev. John Horne (shown above). He was also active in the case of McQuirk and Balfe, the printers’ case, and even a state trial turning on who fired first at the Battle of Lexington and Concord.
Those radicals found an unusual way to restore the possibility of executing the Kennedys. As Horace Walpole later wrote:
Horne, the clergyman, and other discontented persons complained of the pardon, and not only complained of it to blacken the King, but, horrible spirit of faction! instigated the watchman’s widow to appeal against it, which, if sentence should again follow, would bar all pardon; nor could the King do more than reprieve from time to time. The woman did prosecute; and the young man was again remanded to his gaol and terrors, a second punishment, unjustly inflicted; for, though probably guilty, he had satisfied the law.The Hon. John St. John, one of the lovers and patrons of the Kennedys’ sister Kitty, told Selwyn about the widow Ann Bigby: “It is certainly the Bill of Rights people that have spirited her up.” According to the author Horace Bleackley, the recorder of London didn’t want to issue this writ for the widow, but the Wilkesite lord mayor, Sir William Beckford, insisted he do so.
This dispute reverses stances we might normally expect. Radicals interested in limiting government and guarding personal liberties were demanding the death penalty be applied without mercy. Aristocrats who wouldn’t have intervened to help any other young Irishmen convicted of a drunken murder were bending all the rules they could to preserve Kitty Kennedy’s brothers.
TOMORROW: The resolution of the case.
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