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In the 1870s, when the novel is set, there were five capital crimes: murder, treason, arson in a royal dockyard, espionage and piracy with violence.
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At the end of the novel, Tess is convicted of the murder of Alec D’Urberville and hanged at Wintoncester (Winchester) prison.
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Public hanging was abolished in Britain in 1868.
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When he was eighteen, Thomas Hardy witnessed the public hanging of Elizabeth Martha Brown, a working class woman who had murdered her violent husband, in 1856.