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Derek Bentley

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and fired two shots at Craig, both of which missed. Since a .32 round could not be loaded into Craig's revolver and Craig was the only armed person in the vicinity at the time of the murder, the spent .32 round could only be one of Fairfax's, fired some time subsequently. As the Court of Appeal found, 'Once the appellant had been taken down, D.C. Fairfax returned with a firearm, with which he had been issued, and went back up to the roof. He fired twice at Craig but missed, Craig having fired at him. Craig's revolver was by now empty and he jumped or dived off the roof, suffering a fractured spine, breast bone and left forearm. Notwithstanding this, he was able to tell the first police officer who reached him that he wished he had "killed the fucking lot". He later made a number of statements to police officers sitting with him in hospital, displaying a hatred of the police and a total lack of remorse at what he had done.'
862:, ruled that Lord Goddard had not made it clear to the jury that the prosecution was required to have proved Bentley had known that Craig was armed. He further ruled that Lord Goddard had failed to raise the question of Bentley's withdrawal from their joint enterprise. This would require the prosecution to prove the absence of any attempt by Bentley to signal to Craig that he wanted Craig to surrender his weapons to the police. Lord Bingham ruled that Bentley's trial had been unfair because the judge had misdirected the jury and, in his summing-up, had put unfair pressure on the jury to convict. It is possible that Lord Goddard may have been under pressure while summing up since much of the evidence was not directly relevant to Bentley's defence. Lord Bingham did not rule that Bentley was innocent, merely that there had been fundamental defects in the trial process. 775:
Yallop asserted it would have been impossible for him to use a bullet of .38 or smaller calibre. Haler did not offer in his trial evidence any estimate of the size of the bullet that had killed Miles. In July 1970, during an interview with Yallop, Craig accepted that the bullet that killed Miles came from his gun, but maintained that all of his shots were fired over the rear garden of a house adjacent to the warehouse, approximately 20 degrees to the right of Miles' location from where Craig had been firing.
538:, climbed the drainpipe to the roof and grabbed hold of Bentley, but Bentley broke free. What happened then is uncertain: police witnesses later claimed that Fairfax ordered Craig to "Hand over the gun, lad" and Bentley shouted, "Let him have it, Chris". Craig fired, striking Fairfax in the shoulder. Fairfax was nonetheless again able to restrain Bentley, who told Fairfax that Craig had further ammunition for the gun. Bentley had not used either of the weapons in his pockets. 36: 613:. Hill's report stated that Bentley was illiterate and of low intelligence, what today would be described as having learning difficulties. However, Matheson was of the opinion that whilst agreeing that Bentley was of low intelligence, he did not have epilepsy at the time of the alleged offence and he was not a "feeble-minded person" under the 853:
Though Bentley had never been accused of attacking any of the police officers, who were shot at by Craig, for him to be convicted of murder as an accessory in a joint enterprise it was necessary for the prosecution to prove that he knew that Craig had a deadly weapon when they began the break-in. The
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Secondly, there was controversy over the existence and meaning of Bentley's alleged instruction to Craig, "let him have it, Chris". Craig and Bentley denied that Bentley had said the words while the police officers testified that he had said them. Further, Bentley's counsel argued that even if he had
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Following the execution there was a public sense of unease about the decision, resulting in a long campaign to secure a posthumous pardon. The campaign was initially led by Bentley's parents until their deaths in the 1970s, after which the drive to clear Bentley's name was led by his sister Iris. In
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and the conduct of the trial. Despite Craig's gun being the only one on the roof at the moment that Miles was shot, he proposed the theory that Miles was actually killed by a bullet from a gun other than Craig's sawn-off .455 revolver. Yallop drew this conclusion from an interview in March 1971 with
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Contrary to Yallop's claims, none of the police officers present was armed at the moment when PC Miles was shot. Det Con (later Det Sgt) Fairfax, after Miles was shot and after taking Bentley to street level and putting him into a police car, returned to the roof armed with a Webley & Scott .32
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Maxwell Fyfe's autobiography, published in 1964, refers to the factors which he took into consideration: "the evidence of the trial, medical reports, family or other private circumstances ... and police reports, ... the available precedents, and ... public opinion". He went on to say that Bentley's
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Eventually, on 30 July 1998, the Court of Appeal quashed Bentley's conviction for murder. However, Bentley's sister Iris had died of cancer the year before. Her daughter, Maria Bentley-Dingwall, who was born 10 years after Derek Bentley's execution, continued the campaign after her mother's death.
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When Yallop telephoned Haler the day after the initial interview, he reportedly confirmed his estimate of the bullet size. Shortly before the publication of Yallop's book, Haler was provided with a transcript of the interview, and Yallop says Haler again confirmed as accurate. After the subsequent
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on Miles, who Yallop reports estimated the head wound was inflicted by a bullet of between .32 and .38 calibre fired from between six and nine feet away. Craig had been firing from a distance of just under 40 feet and had used a variety of undersized .41, and .45 calibre rounds in his revolver;
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Christopher Craig, by then aged 62 (born May 1936), issued a statement welcoming the pardon for Bentley, stating that "his innocence has now been proved". He also apologised to the families of both PC Miles and Bentley for his actions, as well as his own family for the press intrusion they had
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prevented execution of those under 18; consequently, of the two defendants, despite Craig having fired the fatal shot, only Bentley faced the death penalty if convicted. Bentley's best defence was that he was effectively under arrest when Miles was killed. There were three principal points of
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expert cast doubt on whether Craig could have hit Miles if he had shot at him deliberately. The fatal bullet was not found. Craig had used bullets of different undersized calibres, and the sawn-off barrel made it inaccurate to a degree of six feet at the range from which he fired.
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test. Kingswood staff reported Bentley to be "lazy, indifferent, voluble and of the 'wise guy' type", whilst a court described him as "indifferent, smug, self-satisfied and ready to tell tales". After his arrest in November 1952, further IQ tests were administered to him at
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pm, neighbours called police after spotting Craig and Bentley climbing over the gate and up a drainpipe to the roof of the warehouse. When police arrived, Craig and Bentley hid behind the lift-housing. Craig taunted the police. One of the officers, Detective Constable
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There was much political pressure to commute Bentley's sentence, including a memorandum signed by over 200 members of Parliament. Despite several attempts, Parliament was given no opportunity to debate the issue until the sentence had been carried out. The
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Malcolm Coulthard showed that certain patterns, such as the frequency of the word "then" and the grammatical use of "then" after the grammatical subject ("I then" rather than "then I"), were not consistent with Bentley's use of language (his
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calibre revolver, the barrel of which he had shortened so that it could be carried easily in his pocket. He also carried a number of undersized rounds for the revolver, some of which he had modified by hand to fit the gun. Bentley carried a
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case also involved the issue of the police force, since it was a police officer who was killed. Maxwell Fyfe then stresses that a reprieve would mean the Home Secretary is "intervening in the due process of the law".
353:'s interpretation of the ambiguous phrase "Let him have it", Bentley's alleged exhortation to Craig, which prosecutors argued was an order to shoot and defence counsel argued was an order to surrender; this after 429:, and in one of these incidents the house in which he lived collapsed around him, but a court did not find any indication that he was physically injured in the incident. However, Bentley was later seen to have 890:, starring Harry Miller as Bentley, was devised by the Coventry Belgrade TIE Team for fifth and sixth form students and toured from 1975. The play, with an introduction by Miller, was included in a 1980 book 604:
Thirdly, there was disagreement over whether Bentley was fit to stand trial in light of his mental capacity. The Principal Medical Officer responsible was Dr Matheson and he referred Bentley to Dr Hill, a
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Bentley was released from Kingswood school on 28 July 1950, a year early, though he was told that he would remain under the care of Kingswood until 29 September 1954, by which time he was dead. He was a
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On the night of Sunday, 2 November 1952, Bentley and a 16-year-old companion, Christopher Craig, broke into the warehouse of the Barlow & Parker confectionery company at 27–29 Tamworth Road,
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said the words, it could not be proven that Bentley had intended the words to mean the informal meaning of "shoot him, Chris" instead of the literal meaning of "give him the gun, Chris".
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Another factor in the posthumous defence was that a "confession" recorded by Bentley, which was claimed by the prosecution to be a "verbatim record of dictated monologue", was shown by
2131: 641: – where the accused is unable to distinguish right from wrong – was then the only medical defence to murder. Bentley, while he had a severe debilitation, was not insane. 878:), as evidenced in court testimony. These patterns fit better the recorded testimony of the policemen involved. This is one of the earliest uses of forensic linguistics on record. 2126: 2121: 459:. He was described there as "borderline feeble-minded", with a verbal score of 71, a performance IQ of 87 and a full scale IQ of 77. Bentley was discovered to still be "quite 817:
and starring Charles Bolton, Haler sought to deny that he had given any specific estimate of the size of the bullet that killed Miles beyond being "of large calibre". The
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In March 1951, he was employed by a furniture removal firm but was forced to leave the job after injuring his back in March 1952. In May 1952, Bentley was taken on by the
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Sidney Miles, who was immediately killed by a shot to the head. After exhausting his ammunition and being cornered, Craig jumped 30 feet (10 metres) from the roof onto a
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Bentley was sent to Kingswood Training School, Bristol, on 27 October 1948. There he was administered diagnostic tests which eventually determined, when he was
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for unsatisfactory performance. One month after that, he was sacked by the corporation. He was still unemployed at the time of his arrest in November 1952.
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had described Bentley as "mentally aiding" the murder. Goddard sentenced Bentley to be hanged, despite a recommendation for mercy by the jury: under the
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evidence, Bentley's mental age and the fact that he did not fire the fatal shot. Bentley's appeal was heard on 13 January 1953 and was unsuccessful.
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Bentley had a series of health problems. His parents reported that in a childhood accident he had broken his nose and since then he had three
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The jury took 75 minutes to decide that both Craig and Bentley were guilty of Miles' murder, with a plea for mercy for Bentley. Bentley was
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in respect of the sentence of death passed upon him and carried out. However, in English law this did not quash his conviction for murder.
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Judgement of England and Wales Court of Appeal (Criminal Division) in R v. Derek William Bentley (Deceased) [1998] EWCA Crim 2516
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was not an option, as the "malicious intent" of the armed robbery was transferred to the shooting. They were tried by jury before the
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fits, including one in which they said he nearly died of choking. The family also said they were bombed out three times during the
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R.M. Coulthard (2000): "Whose text is it? On the linguistic investigation of authorship", in S. Sarangi and R.M. Coulthard:
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Firstly, the defence claimed there was ambiguity in the evidence as to how many shots were fired and by whom. A later
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assisting. There were protests outside the prison and two people were arrested and fined for damage to property.
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documented Bentley's psychiatric problems, as well as what he believed were inconsistencies in the police and
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Bentley was originally scheduled to be hanged on 30 December 1952, but this was postponed to allow for an
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A group of uniformed police officers arrived and were sent onto the roof. The first to reach the roof was
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At the time of the burglary and Miles' death, murder was a capital offence in England and Wales. The
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years old, that his mental age was estimated at ten years, four months, while he had scored 66 on an
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Both Craig and Bentley were charged with the murder of PC Miles the following day. The doctrine of
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for the rest of 1950, rarely venturing out of the house, breaking his isolation in January 1951.
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Handbook of Firearms and Ballistics: Examining and Interpreting Forensic Evidence
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In March 1966, Bentley's remains were removed from Wandsworth and re-interred in
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When his appeal was turned down, Bentley's life was placed in the hands of the
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notes that the Bentley case has reduced the support for capital punishment.
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and reburied in a family grave. On 29 July 1993, Bentley was granted a
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The jury at the trial found Bentley guilty based in large part on the
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Sub-postmasters operating the Post Office Horizon computer system
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as Craig, relates the story, as do the songs "Derek Bentley" by
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explores the inconsistencies in the police version of events.
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also refused Dr Hill permission to make his report public.
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List of miscarriage of justice cases in the United Kingdom
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List of British police officers killed in the line of duty
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Political adventure: the memoirs of the Earl of Kilmuir
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Theatre in Education – Four Secondary School Programmes
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British people convicted of murdering police officers
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Bentley (Deceased), R v [1998] EWCA Crim 2516
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London Cemeteries: An Illustrated Guide and Gazetteer
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convinced Yallop that Goddard had wanted a reprieve.
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and led to a 40-year-long campaign to win Bentley a
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Unsourced material may be challenged and removed. 1262: 1188: 869:methods to have been largely edited by policemen. 498:; one month later, in June 1952 he was demoted to 821:bullet is not considered to be of large calibre. 27:British man hanged but later pardoned (1933–1953) 1152:The Trial of Craig and Bentley - Montgomery Hyde 561:or "constructive malice" meant that a charge of 1481:Dad, Help Me Please: The Story of Derek Bentley 1479:Berry-Dee, Christopher; Odell, Robinn (1991). 1444:Reel Justice: The Courtroom Goes to the Movies 679:, who had to decide whether to recommend that 2132:People executed for murdering police officers 1612: 714:am on 28 January 1953, Bentley was hanged at 621:at the time did not recognise the concept of 8: 2127:20th-century executions by England and Wales 2122:Overturned convictions in the United Kingdom 1199:(online ed.). Oxford University Press. 1190:"Goddard, Rayner, Baron Goddard (1877–1971)" 1447:. Kansas City: Andrews McMeel. p. 47. 1283:: CS1 maint: numeric names: authors list ( 1636: 1619: 1605: 1597: 1502:. West Sussex: John Wiley & Sons Inc. 747:(the title is an acknowledged allusion to 144: 133: 834:March 1966 his remains were removed from 120:Learn how and when to remove this message 2112:History of the London Borough of Croydon 1094: 1092: 1090: 648:whilst Craig was ordered to be detained 1441:Bergman, Paul; Asimow, Michael (2006). 1196:Oxford Dictionary of National Biography 1164:Gangland: the case of Bentley and Craig 992: 346:to Bentley, were highly controversial. 1276: 1030: 1028: 1026: 1024: 1022: 387:campaign to abolish capital punishment 1326:, by Hugh Meller & Brian Parsons. 794:The Scientific Investigation of Crime 633:(it was introduced to England by the 7: 397:Derek Bentley entered Norbury Manor 58:adding citations to reliable sources 2142:Recipients of British royal pardons 2117:Murder trials in the United Kingdom 1521:. London: Robinson Publishing Ltd. 1269:. Weidenfeld and Nicolson. p.  1133:The New South Wales Bar Association 586:Children and Young Persons Act 1933 2087:1952 murders in the United Kingdom 1404:"Craig's relief at Bentley pardon" 1187:Smith, K. J. M. (September 2010). 25: 1984:West Midlands Serious Crime Squad 1824:West Midlands Serious Crime Squad 1519:The Murder Guide to Great Britain 687:to commute his death sentence to 236:Wrongful conviction and execution 2005:Criminal Cases Review Commission 1739:Guildford Four and Maguire Seven 1627:Miscarriage of justice in the UK 1578:by Ewan MacColl and Peggy Seeger 1386:"Bentley cleared after 45 years" 385:, and pivotal in the successful 34: 1473:Cited works and further reading 45:needs additional citations for 1431:, London, Longman, pp. 270–287 1299:"Efforts to save Bentley Fail" 466:Bentley was examined twice by 1: 1360:"Derek Bentley's sister dies" 1039:[1998] EWCA Crim 2516 1000:Luu, Chi (6 September 2017). 938:, and "Bentley and Craig" by 514:. 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(2011). 860:Lord Bingham of Cornhill 2092:1950s murders in London 1819:Cardiff Newsagent Three 1647:William Herbert Wallace 1483:. London: W. H. Allen. 1235:To Encourage the Others 1162:Francis Selwyn (1988). 1101:To Encourage the Others 934:, "Let Him Have It" by 811:To Encourage the Others 745:To Encourage the Others 738:To Encourage the Others 629:, though it existed in 403:eleven-plus examination 399:Secondary Modern School 389:in the United Kingdom. 2051:Southall Black Sisters 1963:Miscarriage of justice 1673:Mahmood Hussein Mattan 1536:Wynn, Douglas (1996). 1237:. Corgi. p. 266. 1233:Yallop, David (1990). 1205:10.1093/ref:odnb/31152 1099:Yallop, David (1991). 1035:R v Bentley (Deceased) 908:The 1991 feature film 899:Let Him Have It, Chris 615:Mental Deficiency Acts 478:Release from Kingswood 379:miscarriage of justice 916:Christopher Eccleston 589:contention at trial: 313:Derek William Bentley 157:Derek William Bentley 1517:Lane, Brian (1991). 1390:www.derekbentley.com 1259:Kilmuir, 1st Earl of 1051:Murder in Cold Blood 975:R v Betts and Ridley 867:forensic linguistics 770:who carried out the 627:retarded development 342:'s failure to grant 319:for the murder of a 206:Execution by hanging 54:improve this article 2152:Wrongful executions 2137:People from Croydon 1538:On Trial for Murder 1041: (30 July 1998) 780:Metropolitan Police 594:forensic ballistics 579:Christmas Humphreys 492:Croydon Corporation 202:Cause of death 1689:Jonathan Rosenhead 1562:Derek Bentley Page 945:In the 2013 novel 882:In popular culture 856:Lord Chief Justice 720:Albert 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383:Timothy Evans 380: 376: 373: 369: 368: 367:cause célèbre 362: 360: 356: 352: 347: 345: 341: 338: 334: 331:principle of 330: 326: 322: 318: 314: 305: 301: 295: 292: 289: 285: 281: 278: 275: 274:Conviction(s) 270: 266: 259: 256: 253: 250: 249: 247: 243: 239: 235: 231: 224: 220: 217: 216: 214: 212:Resting place 210: 207: 204: 200: 195: 185: 181: 176: 172: 155: 151: 147: 142: 138:Derek Bentley 135: 132: 124: 121: 113: 102: 99: 95: 92: 88: 85: 81: 78: 74: 71: –  70: 66: 65:Find sources: 59: 55: 49: 48: 43:This article 41: 37: 32: 31: 19: 2036:Chris Mullin 2031:Sarah Conlon 2026:Sarah Clarke 2021:Julie Bindel 1977:Institutions 1923:Barry George 1887:Siôn Jenkins 1855:Raphael Rowe 1792:Sean Hodgson 1761:Robert Brown 1744:Gerry Conlon 1709:Andrew Evans 1592:Find a Grave 1575: 1537: 1518: 1499: 1480: 1458:. Retrieved 1443: 1436: 1428: 1423: 1411:. Retrieved 1407: 1398: 1389: 1380: 1368:. Retrieved 1363: 1354: 1345:28 September 1343:, retrieved 1337: 1331: 1323: 1319: 1307:. Retrieved 1303:The Guardian 1302: 1293: 1264: 1253: 1234: 1228: 1208:. Retrieved 1194: 1182: 1163: 1157: 1148: 1138:28 September 1136:. Retrieved 1132: 1119: 1100: 1079:28 September 1077:. Retrieved 1073: 1064: 1050: 1046: 1034: 1009:. 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J. Trow 575:Old Bailey 547:greenhouse 461:illiterate 393:Early life 372:posthumous 298:Partner(s) 252:Posthumous 163:1933-06-30 80:newspapers 1872:Lee Clegg 1850:M25 Three 1704:Oval Four 1408:bbc.co.uk 1279:cite book 1210:16 August 790:automatic 681:the Queen 661:ballistic 573:, at the 323:during a 321:policeman 221:Reburied 177:, England 171:Southwark 1261:(1964). 1011:18 April 963:See also 876:idiolect 871:Linguist 749:Voltaire 431:epilepsy 344:clemency 325:burglary 246:Executed 2014:Related 1633:Accused 1583:YouTube 888:Example 886:A play 819:.32 ACP 772:autopsy 754:Candide 722:, with 625:due to 609:at the 512:Croydon 485:recluse 445:⁄ 423:seizure 411:Bristol 248:(1953) 94:scholar 1998:Review 1956:Issues 1570:, 1998 1544:  1525:  1506:  1487:  1451:  1241:  1216: 1170:  1107:  1056:  787:Webley 712:  657:appeal 531:  375:pardon 317:hanged 280:Murder 257:(1993) 255:pardon 225:(1966) 175:London 96:  89:  82:  75:  67:  1911:2000s 1843:1990s 1785:1980s 1682:1970s 1656:1950s 1640:1930s 1413:8 May 1370:8 May 1309:8 May 1129:(PDF) 1037: 930:" by 553:Trial 506:Crime 494:as a 409:near 101:JSTOR 87:books 1542:ISBN 1523:ISBN 1504:ISBN 1485:ISBN 1462:2012 1449:ISBN 1415:2015 1372:2015 1347:2020 1311:2015 1285:link 1239:ISBN 1212:2014 1168:ISBN 1140:2020 1105:ISBN 1081:2020 1054:ISBN 1013:2024 710:At 9 183:Died 153:Born 73:news 1590:at 1581:on 1271:206 1201:doi 951:by 802:BBC 757:), 751:'s 637:). 468:EEG 56:by 2073:: 1406:. 1388:. 1362:. 1301:. 1281:}} 1277:{{ 1193:. 1131:. 1089:^ 1072:. 1021:^ 1004:. 894:. 858:, 733:. 675:, 569:, 452:IQ 438:15 433:. 173:, 1620:e 1613:t 1606:v 1550:. 1531:. 1512:. 1493:. 1464:. 1417:. 1392:. 1374:. 1313:. 1287:) 1273:. 1247:. 1214:. 1203:: 1176:. 1142:. 1113:. 1083:. 1015:. 447:2 443:1 440:+ 165:) 161:( 123:) 117:( 112:) 108:( 98:· 91:· 84:· 77:· 50:. 20:)

Index

Christopher Craig

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Southwark
London
Wandsworth Prison
Execution by hanging
Croydon Cemetery
Executed
Posthumous
pardon
Conviction(s)
Murder
Death by hanging
hanged
policeman
burglary
English law
joint enterprise
Home Secretary

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