The Suicide of Andrew Turnbull

After having given his evidence, Andrew Turnbull was taken back to Carlisle Gaol by carriage. He was disappointed that he had not been allowed bail, and also expressed that "if the devil and all his angels were to meet him then, he should not care, for he had spoken the truth that day, whatever he had done before". Upon return to Carlisle Gaol around 9 o’clock that evening, Turnbull was placed back in his cell, and, according to the report at the time, he was "to all appearances in very good spirits". However, upon entering his cell the next morning, the gaoler was horrified to discover that Turnbull had hung himself using a towel which he had tied to one of the iron bars of the prison window. His body was quite cold, his bed had not been used and it was believed that he had died before midnight.

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An Inquest into his death was held shortly after at the Three Crowns Inn, with the verdict being that the "deceased committed suicide by strangulation, but in what state of mind he was at the time, there is no evidence to show". The Inquest provided further details about his death stating that he used a form to stand on, which he had kicked away. His Bible was found nearby, lying at a short distance away from his body, possibly indicating he had been holding it at the time of his death.

Perhaps an indication of Andrew Turnbull’s state of mind and the inner turmoil he was experiencing can be gained from writings he made with a burnt stick on the lime-washed walls of his cell before he died.

Below the window he had written, "The two Hoggs are guilty, I am innocent. I will not come in the hands of man", while above the fireplace were the words, "I commit my soul to God that gave it, take my body to my father’s burying place".
 

Above his bed, he left this final message for his wife, Jemimah. "My dear, you and I was lovely, but I am torn from thy breast, don’t weep for me, Jemimah, my dearest, my heart’s desire and treasure, I am innocent. I die with pleasure; we’ll meet again with pleasure. Beware of bad company. My parents are not to blame, they did their duty. Adieu! My dear friends, God bless you all".
 

The Trial

The trial of Joseph Hogg and John Nichol Hogg was held on 2nd March 1850 at the Cumberland Assizes, the charge listed as the "wilful murder of Thomas Davidson, gamewatcher to Sir James Graham, at the parish of Bewcastle".
 

It was a lengthy trial with many witnesses, including Margaret, Thomas’s widow, his daughter, Margaret, and son, Edward. Other witnesses came from many different areas of the community, including John Armstrong, a fellow gamewatcher on Graham’s estates; William Carrick, the coroner; Matthew Patterson, the surgeon who examined Thomas’s body; various police and law enforcement officers; and Jemimah Turnbull, Andrew Turnbull’s widow. Some of the evidence provided by witnesses was quite graphic in its content, particularly that of the surgeon, Matthew Patterson.

A further witness of interest was W. N. Hodgson Esq MP, who testified, "I am a magistrate of the county. On 22nd October last, Joseph Hogg was brought before Mr. Head and me for shooting without a license. He had endeavoured to establish an alibi, and afterwards he turned to Davidson and said, ‘A man like thee would swear away a man’s life, that it should be the last money he should get from him, and that it was ‘waur’ for him”, a further indication of the anger that Joseph Hogg quite obviously felt for Thomas Davidson.
 

In spite of the strong evidence from many witnesses which appeared to support a guilty conviction, the jury returned a verdict of Not Guilty. When questioned by the Judge, Mr. Baron Alderson, whether or not they were satisfied with the verdict, the jury foreman responded “We think we are satisfied that there is no evidence for a verdict against the prisoners”. The Judge had earlier raised the question that Andrew Turnbull’s original testimony may have been made under duress, creating doubt as to its validity. Without the opportunity of cross-examination, it was ruled that Turnbull’s testimony was not receivable as evidence in the trial.
 

It’s a cliché, but, while Andrew Turnbull didn't, Joseph and John Nichol Hogg really did get away with murder.

Epilogue

Did Joseph and John Nichol Hogg, and indeed the rest of their family, curb their poaching activities after this? The answer is a resounding no. In fact, it appears they quite literally picked up from where they left off as there are a number of reports listed in the courts occurring from the time of their acquittal in 1850. In every instance, the questioning was always along the lines of “is he one of the noted family of Hoggs?”; “is Hogg in the habit of poaching?” – answer “regularly”; “oh yes, he has been here frequently” – response “then he will be an old acquaintance of yours”; all of which commentary produced laughter in the courtroom.

In September 1856, an action was brought by a solicitor, Mr. R. B. Moore against Joseph and John Nichol Hogg to recover the amount of £50. Moore had been the solicitor who defended the Hoggs in 1850 “when they were indicted for wilful murder at Carlisle, and had never received one farthing”. That wilful murder was the murder of Thomas Davidson. An immediate order was granted against Joseph Hogg in relation to this matter.
 

Andrew Turnbull’s widow, Jemimah, never remarried and lived in Canonbie until her death in 1895.

John Nichol Hogg lived in Nicholforest until his death in 1880.
 

At this stage it is not known what happened to Joseph Hogg.

Thomas Davidson was buried at St Mary's Churchyard in Stapleton. His widow, Margaret, passed away in 1851, two years after he was murdered. Their fourth child and my g-g-grandfather, Robert Telford Davidson, immigrated to Australia in 1854, three years after his mother's death, and is the founder of our Davidson family in Australia.

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