Showell's Dictionary of Birmingham. Walter Showell
imagination, that here was a weak stripling nobly aroused to avenge the death of his sister, by tendering himself to do battle against the tall strong man who was charged with her murder. The facts, as they stand are truly striking enough; but this melodramatic spectacle does not formally true part of them." A writ of "Appeal of Murder" was soon issued. It bears the date of 1st October, 1817. Under that writ Thornton was again arrested by the Sheriff of Warwick. On the first day of Michaelmas Term, in the same year, William Ashford appeared in the Court of King's Bench at Westminster, as appellant, and Abraham Thornton, brought up on writ of habeas corpus, appeared as appellee. The charge of murder was formally made by the appellant; and time to plead to this charge was granted to the appellee until Monday, 16th November.—It must have been a strange and startling scene, on the morning of that Monday, 16th November, 1817, when Abraham Thornton stood at the bar of the Court of King's Bench in Westminster Hall; a scene which that ancient Hall had not witnessed within the memory of any living man, but which must have then roused the attention of even its drowsiest haunter. "The appellee being brought into Court and placed at the bar" (I am quoting the original dry technical record of the transaction), "and the appellant being also in court, the count [charge] was again read over to him, and he [Thornton] was called upon to plead. He pleaded as follows;—'Not Guilty; and I am ready to defend the same by my body.' And thereupon, taking his glove off, he threw it on the floor of the Court." That is to say, Ashford having "appealed" Thornton of the murder, Thornton claimed the right to maintain his own innocence by "Trial of Battel;" and so his answer to the charge was a "Wager of Battel." And now the din of fight seemed near, with the Court of King's Bench at Westminster for the arena, and the grave Judges of that Court for the umpires. But the case was destined to add but another illustration to what Cicero tells us of how, oftentimes, arms yield to argument, and the swordsman's looked-for laurel vanishes before the pleader's tongue. William Ashford, of course, acting under the advice of those who really promoted the appeal, declined to accept Thornton's wager of battel. Instead of accepting it, his counsel disputed the right of Thornton to wage his battel in this case; alleging, in a very long plea, that there were presumptions of guilt so strong as to deprive him of that right. Thornton answered this plea by another, in which all the facts that had been proved on the trial at Warwick were set forth at great length. And then the case was very elaborately argued, for three days, by two eminent and able counsel, one of whom will be well remembered by most readers as the late Chief-Justice Tindal. Tindal was Thornton's counsel. Of course I cannot go here into the argument. The result was, that, on 16th April, 1881, the full Court (Lord Ellenborough, and Justices Bayley, Abbott, and Holroyd) declared themselves unanimously of opinion that the appellee (Thornton) was entitled to, wage his battel, no presumptions of guilt having been shown clear enough or strong enough to deprive him of that right. Upon this, Ashford, not having accepted the wager of battel, the "appeal" was stayed, and Thornton was discharged. Thus no reversal took place of the previous acquittal of Thornton by the Jury at Warwick Assizes. But that acquittal had nothing whatever to do with any "trial by battel;" for I have shown that the "wager of battel" arose out of a proceeding later than and consequent upon that acquittal, and that this "wager of battel" never reached the stage of a "trial by battel."
What became of Thornton is unknown, but he is supposed to have died in America, where he fled to escape the obloquoy showered upon him by an unforgiving public. The adage that "murder will out" has frequently proved correct, but in this case it has not, and the charge against Thornton is reiterated in every account of this celebrated trial that has been published, though his innocence cannot now be doubted.
Ashted, now a populous part of the town, takes its name from Dr. Ash, whose residence was transformed into Ashted Church, the estate being laid out for building in 1788.
Assay Marks.—These consist of the initials of the maker, the Queen's head for the duty (17/-on gold,⅙ on silver, per oz.), a letter (changed yearly) for date, an anchor for the Birmingham office mark, and the standard or value mark, which is given in figures, thus:—for gold of 22-carat fineness (in oz. of 24) a crown and 22; 18-carat, a crown and 18; 15-carat, 15.625; 12-carat, 12.5; 9-carat, 9.375. The value mark for silver of 11 oz. 10 dwts. (in lb. of 12 oz.) is the figure of Britannia; for 11 oz. 2 dwts. a lion passant. The date letter is changed in July. At present it is k. The lower standards of 15, 12, and 9-carat gold (which are not liable to duty), were authorised by an Order in Council, of December 22, 1854, since which date an immense increase has taken place in the quantity assayed in Birmingham.
Assay Office.—There are seven Assay Offices in the country, the Birmingham one being established by special Act in 1773, for the convenience of silversmiths and plateworkers. A few hours per week was sufficient for the business at that time, and it was conducted at the King's Head in New Street; afterwards, in 1782, in Bull Lane, in 1800 at a house in Little Colmore Street, and from 1816 at the old Baptist Chapel in Little Cannon Street. In 1824 the Act 5, George IV., cap 52, incorporated the assay of gold, the guardians being 36 in number, from whom are chosen the wardens. On July 14, 1877, the foundation stone was laid of the New Assay Office in Newhall Street, and it was opened for business June 24, 1878.
Assizes.—Birmingham was "proclaimed" an assize town January 14, 1859, but the first assizes were held in July, 1884.
Aston.—Eight hundred years ago, Aston filled a small space in the Domesday book of history, wherein it is stated that the estate consisted of eight hides of land, and three miles of wood, worth £5, with 44 residents (one being a priest), and 1,200 acres in cultivation. The present area of Aston Manor is 943 acres, on which are built about 14,000 houses, having a population of some 60,000 persons, and a rateable value of £140,000. In the first ten years of the existence of the Local Board (1869 to 1878) £30,000 was spent on main drainage works, £10,000 in public improvements, and £53,000 in street improvements. Aston has now its Public Buildings, Free Library, &c., as well as an energetic School Board, and, though unsuccessful in its attempt in 1876 to obtain a charter of incorporation, there can be little doubt but that it will ultimately bloom forth in all the glories of a Mayor, Aldermen, and Burgesses. Aston parish, which extends in several directions into the borough of Birmingham, has an area of 13,786 acres.
Aston Almshouses were built in 1655, according to the provisions made by Sir Thomas Holte previous to his decease.
Aston Church was probably built about the year 1170, the nave and part of chancel being added in 1231, the east end and arch of chancel in 1310, and the tower and spire in 1440. The old building, which contained an interesting collection of monuments in memory of the Holtes, the Ardens, the Erdingtons, and other county families, has been lately enlarged by the extension of the nave and aisles eastward, and widening the chancel so as to accommodate about 1,200 people, instead of 500. The whole of the monuments have been replaced in their relative positions.
Aston Cross Tavern was opened as a licensed house and tea gardens in 1775, the first landlord, Mr. Barron, dying in 1792, his widow keeping it till her death in 1817. Of late years it has been a favourite resort of all classes of athletes, though from being so closely built to it has lost much of the attraction which drew our grandfathers to its shady arbours when on country pleasure bent. The park wall extended to the corner of and along the side of Park Lane, opposite the tavern.
Aston Hall and Park.—This building was commenced by Sir Thomas Holte in April, 1618, and finished in April, 1635, Inigo Jones being accredited with the design. King Charles I., in his days of trouble, paid a short visit to the Hall, his host being punished afterwards by some of Cromwell's soldiers and the malcontents of Birmingham besieging the place in the week after Christmas, 1643. The brick wall round the park, nearly three miles long, but of which there are now few traces left, was put up by Sir Lister Holte about 1750, and tradition says it was paid for by some Staffordshire coal-masters, who, supposing that coal lay underneath, conditioned with Sir Lister that no mines should be sunk within [word missing—presume "its"] boundary. The Hall and Park were held by the various generations of the family till the death of the late Dowager Lady Holte. (For an accurate and interesting description of the edifice see Davidson's "Holtes of Aston.") The Act authorising the sale of the Aston estates received the royal sanction on July 10, 1817, and the sale of the furniture and effects in the Hall was commenced by Messrs.