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Jean-Yves Gilg

Editor, Solicitors Journal

For whom the bell tolls not

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For whom the bell tolls not

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Andrew Lugger kicks off his new series on the glory and gore of our legal history

Suicides were traditionally denied burial in a church cemetery as 'self murder' was contrary to the moral law. Instead, a crossroads was the place of final rest for such unfortunate people and a stake through the heart was said to prevent the lost soul from wandering.

It is believed that the entrance to Victoria bus station is the site of the last crossroads suicide burial in Britain. A change in the law came about in 1823 when the King's carriage was held up by a morbid crowd watching the burial of Abel Griffiths, and after this Act of parliament was passed suicides were granted admission to graveyards. But with no ceremonies allowed, the bell did not toll and interment could only take place between the hours of 9pm and midnight.

The taking of one's own life was a felony at common law, and, because the poor accused was beyond the reach of the long arm of the law, all worldly possessions would be forfeited. Where self-destruction failed, he or she would be charged with the misdemeanour of attempted suicide (as the felony of self murder had been attempted).

Public eye

The curious case of Mary Furley in the 1840s brought this unsavory subject to public attention. The desperate 40-year-old single mother threw herself into the stinking waters of the Regent's Canal on a cold evening in 1844 with her child in arms.

On 20 March 1844, she left the Bethnal Green workhouse to make a living sewing shirts, but after spending her last six shillings she made up her mind that they should both share a watery grave rather than return to the harsh workhouse. The child, 18-month-old George Furley, sadly drowned but Mary was pulled from the water and subsequently charged with murder and attempted suicide.

On 17 April 1844, Justice Maule put on his black cap and Furley's execution was set for 6 May at eight o'clock. Charles Dickens attended her trial and wrote about the plight of downtrodden women like Mary Furley, and the poet, Thomas Hood, penned his famous poem The Bridge of Sighs. Such writings and art work of the time forced a change in public attitude, and there was a happy ending to the Mary Furley story. Her life was saved by a reprieve shortly before the scheduled execution '“ but transportation was ordered in its stead.

In 1955, suicide according to Lord Goddard (French 39 Cr App Rep 192) was regarded as 'not a very serious crime' and the offence was finally abolished by the Suicide Act 1961. Attempted suicide also ceased to be a crime but of course the law is still in a state of flux with respect to assisted suicides, mercy killings and euthanasia.