The National Register. — London, England, 1821-08-19 00:00:00

SlfSoig 2ntelligtnce. MURDER BY POISON. Cifer.msronn, AUG. 10.—James Emery, a well looking young man, about 2i years of age, was indicted for the wilful murder of Sarah King, on the 29th of May last, at White Nettles , , in this county, by administering to her a poison called arsenic, of which she died. This ease excited uncommon interest, from the atrocity of its circumstances—the murder of an unhappy girl who had been seduced and became pregnant by the prisoner. Mr. Knox stated the case for the prosecution. In the month of May last the prisoner came to the house one evening, and held a conversation with the deceased, which her sister, Mary King, overheard. The deceased said to the prisoner, " Emery, I am with child by you." He then said, " Is there any man you like better than me, because if there is, you may swear the child to him." She replied, " I have never been with any other man but you, and to you alone 1 will swear the child." After this it would be .hewn that the prisoner was busily making inquiries about the neighbourhood as to the mode of producing miscar riage, and one of the witnesses who would lie called very properly refused to give I any information upon the subject. It would then he sliewn that the prisoner came to Chelmsford aud went to a horse-doctor, and told him that his house was very lt infested with rats and mice, and lie wanted something to destroy them. The prisuner, it would be observed, was not a housekeeper. The man told him lie could get what he wanted at a chemist's shop, and that the articles proper fur the purpose were nos oomica and arsenic, and at his request the limn went to a citeini-t's shop in the town, and purchased half an ounce of each. The chemist very properly put a label on the parcel, with the words "Arsenic—poison," which lie did in pursuance of the requisition of a late Act of Pill'll4. meat. It would appear that when the unhappy girl went to bed in the evening she took the greatest part of the box of pills there being eleven, and site had swallowed all lint five. in a very short time after she was iii bed, she awoke in grievous pain iii her stomach. The pain at length be coming insupportable, she email nut lie in bed. She got up and sent her sister to a public-house to get some spirits. Half a quartern of gin was brought her, but finding no such from it, she said to her sister, " 'fake those phials and pill-box, and hide them, for wby should Emery be hanged ?—Emery will be hanged—they will hang Emery," or words to that effect. Her sister, frightened at her alarming state, went out again to get something to relieve her, but when she returned in about ten minutes she found the unhappy girl a cot Ilse! The above statement was fully proved by several witnesses. This was the ease for the prosecution. The prisoner being called upon for his defence, said— " I have nothing to say. I ant quite innocent. I did not do it." He had no witnesses. Mr. Justice Burrough then recapitulated all the evidence in detail, and left the Jury to decide, whether the deceased had lost her life by means of the poison administered by the prisoner; fur if she had, the prisoner was guilty of Wilful Murder. The Jury immediately found the prisoner Guilty. The learned Judge then pronounced the sentence of the law in the usual form, and ordered the prisoner to be executed on Monday. The prisoner appeared resigned to his fate, but was little affected by the dreadful situation in which lie was placed. MURDER BY STRANGULATION. William Akers was indicted fur the wilful murder of Patience Ellis, a single woman, on the 19th of June, at Wickham Bishops, in this county. After the usual preliminary forms had been gone through the Learned Counsel for the prosecnCon stated the case to the Jury, to the following effect, which was afterwards proved in evidence ; The deceased war a woman of 35, living with her mo ther; she was a perfect cripple, and very little capable of any bodily exertion. The prisoner had long lodged in the saute house, in which also there was one other lodger. On the 19th of June, the day of the commission of the al. leged offence, the deceased and the prisoner, about two o'clock, were left alone; shortly alter which lie charged a grand-daughter of the deceased's mother, who also lived in the house, not to disturb the deceased, and left the house. After some interval the grand-daughter went into the deceased's room and found her dead. She gave an alarm, upon which the prisoner and the rest came in and examined the body, which exhibited various marks of violence, which were then thought to be the effects of mortification. The prisoner soon after went into the vil lage, and communicated the death of the deceased, and, although not requested so to do, bespoke a coffin fur her, giving the size of it, and desiring that no one should men- sure or examine the bony. At his request the corpse was two days afterwards inclosed, and the coffin screwed down. Shortly after reports of a disagreeable nature becoming prevalent, the body was opened by a surgeon,' who was of opinion that she had died by violence, 41111 that she was eight months gone with child. A coroner's inquest was summoned; the prisoner saying he aliould like to be on the Jury. He afterwards declared that the deceased had hung herself; that lie hail found her sus pended, and had with his own hands cut her down. The learned Judge then recapitulated the evidence to the Jury, with very great precision and partiality, making some general observations upon it as be went along. His Lordship concluded by entreating the Jury to take the whole ease into their especial consideration, and if they had any donuts, to let those doubts operate in favour of the prisoner. The Jury instantly found the prisoner Guilty, and sen tence of Dea tit was immediately passed upon he prisoner was perfectly composed during the whole Ii ial, which lasted from nine o'clock till half past three. YOR K ASS I Z AUGUST 6.—Mr. Justice Buy ly went to die Guildhall at nine o'c jock this non ruing, and charged Clerk> Gamut Jury. lai the course of half an hour the Grand Jury returned true against the two prisoners in the calendar, amid the court immediately proceeded to their trial. FORGER Y.—Mr. Pollock opened the case, and Mr. Sin clair, the Recorder of Yin k btatcd the circumstances to the Jury.--Itichard Young, a private in the 19th lancers, had, on the sth of May but, called at the banking oilice of Messrs. Wilson, Tweedy, and Co. nod stated that Major Skelton, his command in; otti er, was unable to leave his room in consequence of a fall he had had ft oni his 1101'W, anti wished ass order to be dran a upon Messrs. li.eeanionl, Cos, and Co. in London, fur :RM. soil to be scot to him fur signature.— Tbla was dune, aud the primmer nwiucd iu about half uu I THE NATIONAL -REGISTER hour with "H. Skelton" signed to the order. The money was paid to the prisoner. Messrs. Greenwood, Cox, nod Co. refused to honour the order on the ground of forgery.— Tbe prisoner was apprehended in Leeds, when he confessed the forgery. The 'Prisoner Des nequilted upon the indict ment, because the hunt letter in the signature appeared to be in, and nut n, as charged in the indirtMent., PETTY TREASON AND MURDER. _ . AUGUST 10.—This trial excited much interest, and the 1 1 Court was excessively crowded in every: part long before' Mr. Justice Holroyd took his seat on the beach. The ladies formed a large majority of the spectators. Ann Barber, aged 45, the wife of James Barber, was charged by the coroner's inquest with the wilful murder of Jul. Barber, her husband, by giving loin white arsenic in also and sugar, on the 16th of March lust, of which he died next morning. Warm Maude and Hardy conducted the prosecution. Mr. Jones defended the prisoner, but lamented that he had not been applied to, or received his brief, till this moru- Mg as he was coming into court. Mr. Maude stated the following case, 'which was after wards fully proved.—The deceased had a small property of his own at Rhodes-green, in the parish of Bothwell. He had married the prisoner in 1803. They had lived very hap pily till n young man of the name of William Thomson came to live with them at Mammas last. They laid two rhildren, the younger Vor 10 years of arc. The mother of the prisoner lived very near, and was thi rc at the time of his decease. ller brother had come with another lean and prayed with the deceased on the evening bailie his death.— The prisoner would be ',Loved to have bought a penuy Mill of arsenic at Wakefield, on Ft iday, , the 16th of Maten, and to have given it to her husband that evening in tile aid sugar The motive had been a ciiminal attachment to TI son, with whom she hail lift her lams.• on the 96th of December, and lived for a week with him, in a cottage with one room, which she had taken for the purpose, ;it l'olovens, four miles distant from her husband's house. A house and cart had been bought by money lef. her as a legacy by her father. Thomson's moue was painted on th a cart, and in this cart they conveyed some furniture fur the cottage from her husband's house. The neighbour, became sn indignant, that the prisoner and Thomson were drii en with riot from their cottage. The husband received het-nolo, but Thionsou was obliged to leave her society. It would he proved that she refused to call in a medical man, and said on the night of the 16th that her husband would be dead before the morning. The medical man who opened the body would fully prove that the deceased had died by poison taken into his stamich, and the evidence which would be laid belore them would leave no doubt that the poison had been admi nistered by the prisoner ut the bar. Thomas Picton produced an extract from the register of inarriage, to prove the marriage of the deceased amid the prisoner. _ . . - - - Mr. JU•tice Holroyd summed up the evidence with great pains. and explained the various points of law connected with with the case. The Jury retired for 10 minutev, and found a verdict of Guilty. Clerk.—Ann Barber, what have you to say why sentence of death should not be passed upon you, according to law ? Prisonet.-1. am very sorry 1 should be d guilty by false swearin4. When his Lordship had covered his fiend. and was pro eeedittg to pass sentence, she shrieked tied iaupped down.— When raised, she caught fast hold of I lie iron bar before her, and looked tenants fain Lordship with a countenunce ex tremely distorted is kb horror sliver fate, acid kept making the responses within parentheses: the colour of lwr cheeks deepening as his Lordship procceded,till it hreame blood led. Air. Justice Milroy d.—Ann Barber, yea have heen t I guilty of the dreadful crime of murder, and a insider of very aggravated nature, inasmuch as it was the murder of your husband, whom by your marriage vow, you were homed to love and cherish. (•r It is all false swearing.") You have been convicted on w hat has appeared to me the-cleare s t evidence. (" No, Sir.") Nu reasonable creature ran has e a doubt of your guilt from the clearness of the proof. (" I am very sorry.") Your defence has been conducted very ably, and all the objections in point of law which could be made were urged by your counsel. It hat been represented in the evidence, as if your husband hail got rid of himself from pain and anxiety arising from your conduct. But other eircuinsiatiaces show completely that the poison was eilmi. nisteied by yoursill (" NW%) and on the %err day on elocb you bou,rlat it, (•• I never was in that shop in my life, my Lord.") so determined were you on his destruction. that you said it was not necessary to scud for a medical man, for that lie wunlil be dead before morning. This effect you expected Iron the deadly poison you had given him.— " No, my Lord, no.'') It is deplorable, and i lament to say that the obduracy of your heart continued even when you saw your husband in agony under the pain of the poison you gave. You are a dreadtul example et* the con sequences of giving way to dissolute inclioations. It was your dissolute inclinations that brought you into the nose• rahle and ignominious situation in which you now stood.— It is impossible, in consistency with rue security of so ciety, or with the laws of God and man, that mercy can be extended to you. 'the very short time that remains for you it is necessary that you employ in the most complete repentance. (Here the prisoner cried and wept in the bitterest manner.)—llumble yoursell before God, that you may receive that mercy hereafter which 1 rept t is impos sible to be shown to yon here. It now remains that I pro 11011111Ce upon you the sentence of death. (Alter sentence, she clung to the person who stood uext her Mid Cried—. 0 save me, save me.") She was asked whether she knew any reason why exe clothe' of the sentence should be delayed, and answered in the negative. 'Plus unhappy woman has the appearance of having been a sober, grave, thoughtful, and most industrious pi anon. She was meanly clad, and looked considerably older than the calendar tele ',ems. Erall, AL GUST 1 3. L - 7 1 . 111;;71:1;3,ion for IVO county was upond on Saturday, which is eat lit r than usul, it havinv, beer found necessary finiti the loess of btisiness on lengthen the assizes; and t before, as the Judges :mewled divine service yesterday at the Cathedral, both emit ts were opened at on curly hour. On the crown 51.1 e there sv.oe 71 prisoners; but their trials eat lie but little inters st, and per. hops nes er did that court create so little rurntiun. Ou the civil side causes are entered, II or w6n b ire seerial juries. Mi. Baron Graham, who presided :al isi divosed of 17 muses, the greatest parr Jr h:eh, 11.,,%c%cr, were undefended; at all events the paiwi is ex.,' ell of its rubbish. 'l' he inily trials of interest are the t'olloss tin; : BR6wEI U. NO0111:. The iu tlii case wits uii;;;;;;; and laud su re) ur, r w~; ywr.. and had been called in to look over some property at Churl leigh, in this county; and the cause of complaint was a libel contained in a letter written by the defendant, a landed pro prietor in that parish, reflecting upon the plaintiff's character. The letter was as follows : " Sta,—l understand that • person, by name Brewer, has been to apply to you so show him something that you rent ; I am informed be wishes a turnkey's situation, but it requires security. which I fear he will nut be able to obtain, unless Mr. Turner will be bound for his good behaviou►.— " Your humble servant, " J. H. MOORL." "(Turn over.) " The vagabond says he shall receive a guinea a day ; he des. ryes a b—ter ; do give the fellow a glass of grog, amid he will do what pm wish, if it is a fair thingonit other n ise." It appeared that the defendant had shown this letter about to s I people as a piece of fun, and boasted that the law could not touch him, as he had pill the n•sae Newer and not eraser, and had omitted vowels In the words vagabond and halter. _ _ _ _ _ . _ _ Mr. Casberd, for the defendant, admitted the hand. writing, but contended that It was a case in which the smallest do. images would suffice, as the whole appeared to be a joke, nod us no proof had been given that the plaintiff's character hail been in the slightest degree injured—Verdict fur the plaintitl—Duutages 405., COSI! 401. BOON V. BOON. This was a complete " brotherly" quarrel. The plaintiff and defendant are brothers, as well as Ibe principll %Barbs. The parties reside at •Lyme, near Axminster, and the cause of complaint was all assault committed by the drfeu dant, under the following eh cumstanees ; —The plaintiff had placed his cart in the halter or bridle way of the de. fendant ; and upon his bring desired to 11.111.1 cc it a quarrel arose, mid the cttrt,to prevent a dispiite,u as tentnvrd by Ibe third brother. This interference, however, hail not the desired effect, for soon after the defeadmit's tiw paid a visit to the plaintiff's breech, the effect of a hich a as, iveurding to one of the witnesses, to deprive the plaiittiff of hie" hear ing," lie haying subsequently become deaf. In addition to that, the defendant pulled (ruin the hedge a blackthorn stick, with which lie threatened to belabour the sides of the plain tiff, which rote latter dared him In do by saying'' 0--n you, wallop away as long as you lake, you shall pay for it." Ihr defendant complied with this brotherly advice, and in the opera • broke the crab stick. At the rime' the plain tiff said," You have endeavoured to do me all the injury in your power, and I will bed—d if you shall nut pay for :ill." The *Assault being too clearly proved, Mr. Sergeant L'ell liar the defendant, idilressed himself only in the reduction of damages and to the license which the halt 'ff had given 10 the defendant to " wallop" him. But as it seemed to be the opinion of the learned Judge, that the licence was bad in law, but that Ille " walloping" was giiiid in law, the ques tion aas left to the jury, upon the simple point of damages, and they returned a verdict for live shillings. LINCOLNSHIRE. MURDER OF A WlFE.—James Cawthorn, aced 26, late of laiploile, labourer, wits indicted for the wilful murder of Mary his wife, at IVhaplude, on the 23il of March last. and the indictment charged that he, wilfully, te;oniously, and of malice afore.thought did secretly mix and mingle with milk, Ilaur, and sugar, la certain deadly poison, sir. - osie drachm of arsenic, is hich he, knowing it to be poison, did give to his wife on the 19th of March, intruding that she should take, drink, and swilluw it, a hereof she died on the 23d, and that he thereby wilfully and of wither aforethought did murder her. .I. second count charged that he, at the place aforesaid, on the 23d of March, did violently make an iisratili on the said Mary Cawthorn, and a ith his hands did aierge, nod cr:pe the neck and throat of his mid a ife, whereby lie, feloniously and of malice aforethought, did choke mil still owe her. Mr. Franklin, for the prisoner, took an objection to the indictment, and maintained that the counsel' for the proses cutout aas bound to make his select ttttt of the count oil which he would proceed, and to call evidence to tliut count _ . . After some discussion of the p t between Mr. Reader (for the prosecution), Mr. Franklin, and the Judge, his Lordship decided that it wns competent to the prosecutor to call evidence to both charges, and that after the evidence bad been gone into, he should make his selection of the aunt ou which he would hove to go the jury. Mr. Reader ahan dune(' the second count, and proceeded un the charge of • pan-ening only. Witnesses having been examined, the fact of poisoning his wife was brought home to the prisoner. Mr. Justice Park, in his charge to the Jury, observed that this ease, like rill other eases of murder. and poisoning in particular, was supported by circumstantial evidence only. .a Lor d ship then recnpitulated that evidence, and impres sed on the Jury the awful unpin tante of the duty they had to perform. He called upou them, if they had the least doubt, in (rod's mime to acquit the prisoner; bat if, upon deliberate and serious consideratiun ut the evidence, they should perceive the tinge, of Guu pointing at the prisoner as • the murderer of his wife, as ;shindy as if they had seen the clime committed wills their mortal e) es, then they a mild discharge their duty and their Oct IN ilattl convict the prisoner. . . . . Ariel retiring for a few minutes, the jury returned a verdict Of guilty. Mr. Justice Park then, in a moat impressive and af fecting manner, pei.se,l sentence of &nth oil the prisoner. He had Leen convicted, aft. r a rullund isfamory trial, of wilful murder, and that of a most agigtavitteil nature.— the monies of Isis wile, of the moot err of his child, of her . , who ought to be most dear to him, whose lie.: should have been his peculiar care, and whom at the altar of his God lie bad sworn to love and cherish. tie had been drawn into the commission of this dreadful crime by a w icked passion for another woman, and had pronounced judgment against I • self in lime letters which by had mitt( mm to her. . . lle had ako been guilty of a wicked inockety, iu regn• larly attending at t.hisrch, in dating to nitprar at the altar of God, with the +e widsc.l actions in hit. Cite and pas-ions in Dii heart. •l•he s.•iiptnre deciated that " the earn► • could only be demist d the Wood that had been shed, by the blood of the ' Von have noiswrred fur your crime," said his Lordship, " at au 51rtkly teibutial, and you ninst shot tly answer for it at tile tribunal of your mule throe UIINVIrS a WU, that the pi nuttier might out apply any "flattering hoetion to hi. made them with a Christian reeling, to induce hint to an tttttt editVe and deep repentance, to apply u•lii it earnest contrition to Hitt with u11..111 is .6 pil:111111/1IS re. drUlptiOn ;" null that lie iniot at yr lye it his Lot dslilp must siheriely played. He einichnl.,l by ordering the pi ninny' for exestution on Thursday; his budy lu be after %%arils ElLlncitAl fur dmvutiuu. „. - 1