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Paul Downing and Charles Powys, aged 19 & 17 respectively, went to the gallows in front of the gatehouse of Stafford Gaol at noon on Saturday the 25th of January 1845.
The pair had been convicted at Staffordshire Assize before Mr. Justice Coltman of shooting 23 year old Mr. William Cooper who was a sawyer at Audley in Staffordshire, on Sunday the 4th of August 1844. This Sunday was Audley Wake and there was much celebration in the local pubs.
William had been drinking with a friend named Colclough in the pub owned by Enoch Wood. They left the pub at 11.30 p.m. and made their way home, parting at around midnight. William’s father heard a gunshot and a scream coming from near his back door, where he found his son dead.
Examination of the crime scene revealed two sets of foot prints. These were followed and led in the direction of Powys’ father’s home. Witnesses told police that Powys had been in possession of a gun on the Sunday afternoon and that Downing had threatened the Coopers with violence in the past.
A search of the Powys home revealed the gun, a powder flask and some blue paper that had been used as a stopper for it. Some more of this paper was discovered by William Cooper’s body.
At trial the jurors inspected the shoes and casts of the footprints and the blue paper. It took them an hour to reach a verdict. Although there was no Appeals Court at this time, the case was re-considered by a panel of 15 judges in the Court of Exchequer, that led to the execution being respited on the 2nd of January until the 25th of that month. At the original trial Mr. Justice Coltman had told the jury that it was immaterial which of the two accused had fired the single shot, under the doctrine of 1 Hale 463 (common purpose). A Mr. Huddlestone represented the pair at this second hearing, but in the end the judges ruled against them.
At 11.00 a.m. on the Saturday they received the Sacrament. Both lads maintained their innocence till the end. The Chaplain shook hands with Downing and exhorted him to tell the truth. He replied “I am not guilty.” Powys, having asked the hangman to loosen the rope, as he could not breathe, told the chaplain “We are going to die for a thing which we know nothing about.” The hoods were drawn over their heads and they continued to pray fervently until the drop fell. Powys struggled hard for several minutes, Downing seeming to die without a struggle.
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