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1861: Martin Doyle, the last hanged for attempted murder

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Outside Chester Prison in Cheshire on this date in 1861, Martin Doyle became the last hanged in Britain for “mere” attempted murder.

He’d battered his lover, Jane Brogine, nearly to death — but not all the way to death — on May 30th. “Jane, say no more, I intend to have your life; I came for it, and I will have it,” he incriminatingly declared during the assault, just to leave no possible doubt. If his intent was clear enough, it turned out that 21 blows from a heavy rock were not so sufficient as Doyle supposed to the execution of the deed. Brogine survived, creeping away to the aid of a passing Good Samaritan once Doyle departed the scene thinking her dead.

Great Britain in 1861 thoroughly overhauled its criminal statutes, including an Offences Against the Person Act that rejiggered a variety of punishments, setting the punishment for attempted murder at a prison sentence:

Whosoever shall administer to or cause to be administered to or to be taken by any Person any Poison or other destructive Thing, or shall by any Means whatsoever wound or cause any grievous bodily Harm to any Person, with Intent in any of the Cases aforesaid to commit Murder, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.

The above, in Section 11, and similar language in Sections 12, 13, 14, and 15, replaced the attempted murder language of the Offences Against the Person Act of 1837:

Whosoever shall administer to or cause to be taken by any Person any Poison or other destructive Thing, or shall stab, cut, or wound any Person, or shall by any Means whatsoever cause to any Person any bodily Injury dangerous to Life, with Intent in any of the Cases aforesaid to commit Murder, shall be guilty of Felony, and being convicted thereof shall suffer Death.

Unfortunately for Mr. Doyle, the Offences Against the Person Act of 1861 did not receive royal assent until August 6 … which meant that what he’d done to Jane Brogine in May still was a capital felony back when he’d done it.

On this day..