Mary Ashford's Grave

Mary Ashford, a 20-year-old servant, was found drowned in a water-filled pit near Erdington after leaving a Whit Monday dance with Abraham Thornton. Thornton was tried and acquitted; Ashford's brother then brought a rare 'Appeal of Murder', at which Thornton demanded trial by combat - an archaic right still technically on the statute books. Ashford's brother, physically unable to fight, withdrew, and Thornton went free. The case led directly to both trial by combat and the Appeal of Murder being abolished in 1819. Unlike most entries here, this stone marks Ashford's grave in Holy Trinity Churchyard rather than the actual death site nearby. VERIFIED AGAINST A PRIMARY SOURCE: 'Thornton's Second Trial' (London: John Fairburn, [1818?]) - a contemporary pamphlet giving the full proceedings of the appeal, digitised by the Royal College of Surgeons of England and freely readable at archive.org - confirms Thornton's formal plea ('Not guilty; and I am ready to defend the same with my body') and that he threw down the gauntlet at the King's Bench hearing on 17 November 1817. CORRECTION: Ashford isn't recorded as physically unable to fight - his counsel argued his youth and slight build as grounds Thornton shouldn't be allowed to force a duel at all, the court rejected that argument and upheld Thornton's right to battle, and Ashford then simply chose not to take up the gauntlet rather than being incapable of doing so. The underlying judgment, Ashford v Thornton (1818) 1 B. & Ald. 405, 106 ER 149, is the actual King's Bench ruling; full report text not located free online (see sources_needing_access).