"The Wench Is Dead" - читать интересную книгу автора (Dexter Colin)

Chapter Ten

A Proven Crime

Although at the time there were a few conflicting statements about individual circumstances in the following, and fatal, sequence of events, the general pattern as presented here is – and, indeed, always has been -undisputed.

The 38-odd mile stretch of the Coventry Canal (of more interest today to the industrial archaeologist than to the lover of rural quietude) appears to have been negotiated without any untoward incident, with recorded stops at the Three Tuns Inn at Fazely, and again at the Atherstone Locks, further south. What can be asserted with well-nigh certitude is that the Barbara Bray reached Hawkesbury Junction, at the northern end of Oxford Canal, an hour or so before midnight on Monday, 20th June. Today, the distance from Hawkesbury Junction down to Oxford is some 77 miles; and in 1859 the journey was very little longer. We may therefore assume that even with one or two protracted stops along the route, the double crew of the 'fly' boat Barbara Bray should have managed the journey within about thirty-six hours. And this appears to have been the case. What now follows is a reconstruction of those crucial hours, based both upon the evidence given at the subsequent trials (for there were two of them) and upon later research, undertaken by the present author and others, into the records of the Oxford Canal Company Registers and the Pickford amp; Co. Archives. From all the available evidence, one saddening fact stands out, quite stark and incontrovertible: the body of Joanna Franks was found just after 5.30 a.m. on Wednesday, 22nd June, in the Oxford Canal – in the triangular-shaped basin of water known as 'Duke's Cut', a short passage through to the River Thames dug by the fourth Duke of Marlborough in 1796, about two and a half miles north of the (then) canal terminus at Hayfield Wharf in the city of Oxford.

For the moment, however, let us make a jump forward in time. After a Coroner's inquest at The Running Horses Inn (now demolished, but formerly standing on the corner of Upper Fisher Row by Hythe Bridge in Oxford) the four crew members of the Barbara Bray were straightly charged with the murder of Joanna Franks, and were duly committed to the nearby Oxford Gaol. In the preliminary trial, held at the Oxford Summer Assizes of August 1859, there were three indictments against these men: the wilful murder of Joanna Franks by throwing her into the canal; rape upon the said woman, with different counts charging different prisoners with being principals in the commission of the offence and the others as aiders and abettors; and the stealing of various articles, the property of her husband. To a man, the crew pleaded not guilty all charges. (Wootton, the boy, who was originally charged with them, was not named in the final indictments.)

Mr Sergeant Williams, for the prosecution, said he should first proceed on the charge of rape. However, after the completion of his case, the Judge (Mr Justice Traherne) decided that there could be no certain proof of the prisoners having committed the crime, and the Jury was therefore directed to return a verdict of 'Not Guilty' on that charge. Mr Williams then applied to the Court for a postponement of the trial under the indictment for murder, until the next Assizes, on the grounds

that a material witness, Joseph Jarnell, formerly a co-prisoner in Oxford Gaol, and previously committed for bigamy, could not be heard before the Court until he had obtained a free pardon from the Secretary of State. Oldfield, the boat's captain, was understood to have made some most important disclosure to Jarnell while the two men shared the same prison-cell. Although this request was strenuously opposed by Oldfield's Counsel. Mr Judge Traherne finally consented to the suggested postponement.

The Judge appointed for the second trial, held in April 1860, was Mr Augustus Benham. There was intense public feeling locally, and the streets leading to the Assize Court in Oxford were lined with hostile crowds. The case had also excited considerable interest among many members of the legal profession. The three prisoners appeared at the bar wearing the leather belts and sleeve waistcoats usually worn at that time by the canal boatmen, and were duly charged with "wilful murder, by casting, pushing, and throwing the said Joanna Franks into the Oxford Canal by which means she was choked, suffocated, and drowned". What exactly, we must ask, had taken place on those last few fatal miles above the stretch of water known as Duke's Cut on the Oxford Canal? The tragic story soon began to unfold itself.

There are more than adequate grounds for believing that the journey from Preston Brook down to the top of the Oxford Canal at Hawkesbury was comparatively uneventful, although it soon became known that Oldfield had sat with Joanna in the cabin while the boat was negotiated through the Northwich and Harecastle Tunnels, However, from the time the Barbara Bray reached the lonely locks of Napton Junction – 30-odd miles down from Hawkesbury, and with Oxford still some 50 miles distant – the story appears to change, and to change (as we shall see) dramatically.

William Stevens, a canal clerk employed by Pickford amp; Co., confirmed [2] that the Barbara Bray reached the Napton Locks at about 11 a.m. on Tuesday 21st June, and at the boat remained there, in all, for about an hour and half. "There was a woman passenger on board", and she complained immediately to Stevens about "the conduct of the men with whom she was driven to associate". It would, he agreed, have been proper for him to have logged the complaint (the Barbara Bray was, after all, a Pickford Co. transport); but he had not done so, confining his advice to the suggestion that the woman should report forthwith to the Company offices in Oxford, where it should be possible for her to switch to another boat on the last leg of her journey. Stevens had witnessed some shouted altercations between Joanna and a member of the crew, and remembered hearing-Joanna speak the words: "Leave me alone – I'll have nothing to do with you!" Two of the men (Oldfield and Musson, he thought) had used some utterly disgraceful language, although he agreed with Counsel for the defence that the language of almost all boatmen at these times was equally deplorable. What seemed quite obvious to Stevens was that the crew were beginning to get very much the worse for drink, and he gave it as his opinion that they were "making very free with the spirit which was the cargo". Before setting off, the woman had complained yet again about the behaviour of the men, and Stevens had repeated his advice to her to reconsider her position once the boat reached the terminus of the Oxford Canal – where a partial off-loading of the cargo was officially scheduled.

It appears, in fact, that Stevens's advice did not go unheeded. At Banbury, some twelve miles further down the canal, Joanna made a determined effort to seek alternative transport for the remainder of her journey. Matthew Laurenson, wharfinger at Tooley's Yard, remembered most clearly Joanna's "urgent enquiries" about the times of "immediate coaches to London – and coaches from Oxford to Banbury". But nothing was convenient, and again Joanna was advised to wait until she got to Oxford – now only some 20 miles away. Laurenson put the time of this meeting as approximately 6.30-7 p.m (it is hardly surprising that times do not always coincide exactly in the court evidence – let us recall that we are almost ten months after the actual murder), and was able to give as his general impression of the unfortunate woman that she was "somewhat flushed and afeared".

As it happened, Joanna was now to have a fellow passenger, at least for a brief period, since Agnes Laurenson, the wharfinger's wife, herself travelled south on the Barbara Bray down to King's Sutton Lock (five miles distant); she, too, was called to give evidence at the trial. Recalling that there was "a fellow passenger aboard who looked very agitated", Mrs Laurenson stated that Joanna may have had a drink, but that she seemed completely sober, as far as could be judged – unlike Oldfield and Musson – and that she was clearly most concerned about her personal safety.

The tale now gathers apace towards its tragic conclusion; and it was the landlord of The Crown amp; Castle at Aynho (just below Banbury) who was able to provide some of the most telling and damning testimony of all. When Mrs Laurenson had left the boat three miles upstream at King's Sutton, it would appear that Joanna could trust herself with the drunken boatmen no longer, according to the landlord, who had encountered her at about 10 p.m. that night. She had arrived, on foot, a little earlier and confessed that she was so frightened of the lecherous drunkards on the Barbara Bray that she had determined to walk along the tow-path, even at that late hour, and to take her chances with the considerably lesser evils of foot-pads and cut-purses. She hoped (she'd said) that it would be safely possible for her to rejoin the boat later when its crew might be a few degrees the more sober. Whilst she waited for the boat to come up, the landlord offered her a glass of stout, but Joanna declined. He had kept an eye on her, however, and noticed that as she sat by the edge of the canal she appeared to be secretly sharpening a knife on the side of the lock (Musson was later found to have a cut on his left cheek, and this could have been, and probably was, made with the same knife). As the boat had drawn alongside Aynho wharf, one of the crew (the landlord was unable to say which) had "cursed the eyes of the woman and wished her in hell flames, for he loathed and detested the very sight of her". As she finally re-boarded the boat, the landlord remembered seeing Joanna being offered a drink; and, in fact, he thought she might have taken a glass. But this evidence must be discounted wholly, since Mr Bartholomew Samuels, the Oxford surgeon who conducted an immediate post-mortem, found no evidence whatsoever of any alcohol in poor Joanna's body.

George Bloxham, the captain of a northward-bound Pickford boat, testified that he had drawn alongside Oldfield's boat just below Aynho, and that a few exchanges had been made, as normal, between the two crews. Oldfield had referred to his woman passenger in terms which were completely "disgusting", vowing, in the rudest language, what he would do with her that very night" or else he would burke her". [3] Bloxham added that Oldfield was very drunk; and Musson and Towns, too, were "rather well away, the pair of 'em".

James Robson, keeper of the Somerton Deep Lock, said that he and his wife, Anna, were awakened at about midnight by a scream of terror coming from the direction of the lock. At first they had assumed it was the cry of a young child; but when they looked down from the bedroom window of the lock-house, they saw only some men by the side of the boat, and a woman seated on top of the cabin with her legs hanging down over the side. Three things the Robsons were able to recall from that grim night, their evidence proving so crucial at the trial. Joanna had called out in a terrified voice "I'll not go down! Don't attempt me!" Then one of the crew had shouted "Mind her legs! Mind her legs!" And after that the passenger had resumed her frightened screams: "What have you done with my shoes – oh! please tell me!" Anna Robson enquired who the woman was, and was told by one of the crew: "A passenger – don't worry!", the crewman adding that she was having words with her husband, who was with her aboard.

Forbidding to Joanna as the tall lock-house must have appeared that midnight, standing sentinel-like above the black waters, it presented her with her one last chance of life – had she sought asylum within its walls.

But she made no such request.

At this point, or shortly after, it appears that the terrified woman took another walk along the towpath to escape the drunken crew; but she was almost certainly back on board when the boat negotiated Gibraltar Lock. After which – and only some very short time after – she must have been out walking (yet again!) since Robert Bond, a crew-hand from the narrow-boat Isis, gave evidence that he passed her on the towpath. Bond recorded his surprise that such an attractive woman should be out walking on her own so late, and he recalled asking her if all was well. But she had only nodded, hurriedly, and passed on into the night. As he approached Gibraltar lock, Bond had met Oldfield's boat, and was asked by of its crew if he had seen a woman walking the path, the man adding, in the crudest terms, what would do to her once he had her in his clutches once again.

No one, apart from the evil boatmen on the Barbara Bray, was ever to see Joanna Franks alive again.