The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-03-15 00:00:00

THE WEST AUCKLAND POISONING
CASE.

At the Durham Assizes, Mary Ann Cotton was
a ialn'placed at the bar! on Friday morning in last week,
and her trial for the wilful murder of Charles Edward
Cotton, her stepson, aged eight years, at West Auck-
land. ou the 12ih of July last, which commenced the
previous morning, was resumed.
Mr. C. Russell, Q.C.' Mr. Gr-enhow, Mr. Bruce,
and Mr. Ti rter appeared for the prosecution; Mr.
Campbell Foster and Mr. Pont for the defence.
The case was opened the previ.ms day by the learned
corm el for the prosecution, and it was proved that the
deceased child was the eon of the prisoner's late hue.
baud, and was left on her hands to support; that she
made constant complaints about its being a tie and a
'ffirden upon her, and that it waa hard she should have
to maintain it. She had also an interest in its death,
as its life AM insured in the Prnuential Insurance
office, and she would, on its death, become entitled to
£410,. The child was well on the 6'h of July last --a de-
licate-looking, but active boy. On that day and pre-
viously she had been seen to use it harshly. On Monday
the sth of July, it wait taken ill, and she sent for the
doctor, who, with his iusistant, daily visited it and
prescribed for it till its death on the following Friday.
Some sumpickus circumstances led the doctor to refuse
his certificate of the cause of death, and in consequence
an inquest was held, and Mr. Kilburn, a surgeon, rued, a
hany post mortem examination. If agave hieopinionthat
the child h ail died f rom natural causes—of gastric fever—
and it was buried. Not quite satisfied in his own mind,
he experimented on some of the contents of the
stomach, bmnd traces of arsenic, and gave informa-
tion to the police. In consequence, on the 26th of
July, by an order of the Home Secretary, the body
was exhumed, and parts of the viscera and contents of
the stomach were sent to Mr. Scattergood, surgeon
and analytical chymist, of Leeds.

In the croasexamination of Mr. Kilburn it was elicited
that he had prescribed morphia. tumult: acid, mid bismuth
to the child. The child had bad lite and convulsions before
it died, and morphia had been known to produce courtil-
alone, but not, it was said, when it erat administered in
the doses which he prescribed. Prosaic acid was a dan
genius potion, but not taken in the dosee he prescribed;
and bismuth was an irritant poison which, taken In
large dome; might inflame the stomach and bowel., but he
bad only proscribed it in small quantities. Ho had sent
twelve times to the child One preparation of bismuth, the
trisuitrate, or eubcarbonate, was frequently Impure and adul-
terated with arsenic, but only in minute quantities. Ile kept
his poisons on a nest of five or ate shelves. Arsenic was on the
second shelf in a bottle, accent No. 6 prosaic acid was in
bottle next or next but one to it, about No. 6, and the sub.
carbonate of bismuth was In a bottle at the other .id.,
about No. 2 or 3. His assistant, Mr Chalmers, proved that
he mete up the preparation for the deceamed. Mere was •
liquid preparation of bismuth on the other side of the shop,
which he believed he used. Mr Kilburn was the parish
doctor, anti at two o'clock on the day when he made up the
prescription there were half-a-doom people in the surgery
waiting for their medicines, and he spoke to them and anted
them what they came for, as he was making tip his prescrip-
tions. It was proved by a charwoman named Dodds that
about six weeks before the death of the child she was sent
by the prisoner to • chy mist'. for two-pennyworth of waft
soap and arteeic, which was supplied to her mixed to-
gether. The clay inlet proved that he put In the soft soap
from four to six drachms of arsenic and mixed them.
This mixture the charwoman rubbed into the Joints
and crevices of an iron bedstead to kill bugs, and also twice
rubbed it over and between the iron cross-belie under the
bed. A 41n, mattress was placed on this, and was sometimes
turned, to prevent its wearing all on one side against the
iron crosebar• Some of the soap was also used for the
skirting-boards and near the fireplace on the floor. Nearly
all was used, and the remainder was placed In a email jar In
a lumber-room. On a search being made at the home
this Jar was not found, and nothing containieg Aramaic The
paper of the room had a bright green fluffy flower on • stone.
coloured ground. Mr. Kilburn stated he was aware that
chronic poisoning by arsenic had been caused by the use of
arsenical or green papers to walls. Ile did not think that
the fumes of arsenic could arise 'rum the arsenic used in the
room, as f times were only thrown off at a high temperature,
about 280 degrees.

On Friday morning Mr. Scattergood, of Leeds, was called,
and proved having received the jars containing the visosra
of the deceased and the contents of the stomach, and also
some article, found in the house of the prisoner. bone of
these latter contained poison of any kind. lie found traces
of arsenic in the contents of the stomach, In the substance of
the stomach, In the contents of the Downie, and in the sub-
stance of the bowels, in the liver, and In the kidney—none
in the spleen. Ile estimated the total quantity at I'Bo
grains. In his judgment on these facts he thought re-
peated doses of arsenic had been administered, and that
arsenic had been given shortly before death, because it
was found In the stoonaoh. two or three grains were Guth-
client to cause death, and half that quantity for. child. In
his judgment the deceased had died from poisoning by
arsenic.

It was then proposed to ask him if he had subsequently
received several other jars centalifing the viscera of other
persons and had examined them. This question was ob-
jected to. The question was pressed. and "Keg o (learing,"
,18 L J. M. C. V 6), and Reg. v. Gardner," (3 Foslor and
foinkiron. p. 641, were relied upon as authorities for the
proposition. It was objected that to principle the evi-
dence was not admissible,.. collateral to the Issue, as red
inter alio* erne, and as p•ejudicing the fair trial of the
prisoner on the issue joined by interposing other issues or
prejudicing facts, which the prim uer would be entitled to
explain by evidence or crosa.examination in the course of
the cane an which she was being tried. This might be en.
tended to several collateral facta, each retiring • different
issue to be tried in the course of her trial. in support or this
view, Taylor on Eridence, voL 1, paragraphs 239, 38d, 298 a,
and 304, were relied upon, and Reg. v. Holt," in 30 Law
Journal, Court of Criminal Appeal, p. 11, was cited as in
principle overruling "Reg e Geering "—a ruling at the Old
Bailey by Chief Baron Pollock, Baron Alderson, and Justice
Talfourd twelve years before—and "Keg. v. Gardiaer," • de-
cision of Justice Wines at Aseses in accordance with " Rea.
o Herring" and "Rug. o. Fridge," reported in 33 Law
Journal, p. 74. in which "Keg. o Holt" was cited and
affirmed by the Court of Criminal Appeal, of which Chief
Baron Pollock and Justice WtUe4 were two of the Judges
constituting the Court

The learned Judge said he would consult Baron Pollock.

On his return he said he lad considered the point very
carefully with file learned brother Pollock, and, on the au-
thority of " Reg. r. (leering" and "Rug. v. Gardner,' he
thought he ought to receive the evidence.
Mr. Foster aiked bit Lordship to reser,. a owe for the
consideration of the Court of Criminal Appeal, as there were
conflicting authorities.

His Lord.hip said he must decline to do so, having made
up his mind ou the point.

The evidence of Mr. Scattergood was then renamed. Ile
said sift soap might be washed from the mixture of arsenic
coal to leave the arsenic pure.
-

Evidence ems then given of the death of a child named
Frederick Cotton, • troy aged 10 years, on the 10th of
November last ; of the tenth of Robert Robson Cotton, the
prisoner's infant, aged 14 mouths, on the 20th of March ;
and of a man named Mattress, on the let of April, who then
lodged with the prisoner. They were all attacked with
vomiting and purging, pains in the bowels, and convulsions,
and were all attended by the prisoner and had their food
cooked for them. tihe was kind and attentive to them
all Sf attn.. paid her lls. • week for lodging and ',Gard,
and we. engaged to be married to her. A doctor Richard-
son attended Ilettreas, and visited him seven days. Ile
thought he had disease of the kidney.—Bright's dices.,—
anti believed he died of disesee of the kidney., but gave his
certificate that he died from gastric fever. I.)r. Kilburn at-
tended the two children, and airlifted that the elder one
died from typhoid or gastric fever, and that the infant died
Irma convulaions in teething. Each of the three had been
treated for the disease it was believed he kid. Under an
r rder of the lionie Secretary their bodies were exhumed in
September and October last, and portions of the viscera of
each were mut to Mr. Scattergood, and In each he found
truee of inflammation from Irritant poison, and the presence
of arsenic. In Mattress he found 17i grains In the
stomach. Ills opinion on these facts was that each had
died from the administrhtion of arsenic. In the cause of
his or...examination in the case. Mr. Scattergood ad-
mitted that soft soap and the arsenic would dry from expo-
sure to the air, that • heated room would ambit to dry it, end
that a mattress on any portion of it would absorb molature
from the soap If dry the attrition of the cross-bars of the
bed over one another from getting in and out of bed would
be likely to coot dry particles on the floor If nearly all the
soft soap and arsenic had been used by Mrs Dodds on the
bedstead about 300 grains of arsenic most be there. 'mt.,
by trampling on the floor anti on the carpet, might be raised
as du,t floating in the air, and, like Scheele.' green wall-
papers, might cause irritation and dryness in the throat and
eyes, and, by means of the lungs, become absorbed into the
system, but could not get Into the contents of the stomach.
No doubt the quantity of amnia was much greater than
could he rubbed off any wall-paper. This wu the case for
the prosecution, when

His Lordship said there was no evidence of the posseseion
of any arsenic by the prieoner before the death of the three
persons, evidence of which had been interposed.
Mr. Russell said the witness who could prove this had Just
been conticed, 1111(1 he proposed to put in her deposition.
This had been given in Mattrass's case.

Mr. Foster objected on that ground that It could not be
put in.

-
Ilhi Llrdshlp so ruled. This olosed the case for the prose-
cution, and it being five o'clock, Mr. Russell prayed that his
Lordship's summing up might be postponed till the following
morning.

After soma conversation his Lordship agreed, and the cue
was accordingly adjourned.

The trial was again reenmed on Friday morning. The
court was densely crowded, the gallery being corn
pletely filled with ladies.

- -
The prisorer, & comely-looking, gentle-eyed woman,
was again placed in the dock, but looked very anxious.

His Lordship having taken his seat at ten o'clock,

Mr. Charles Russell, Q.C., proceeded to mum up the case
at considerable length. He Instated that the evidence
of three other cases of death by the poison of arsenic in
the prisoner's house within three months of the death of
the child which was the subject of inquiry rebutted the
Idea of accident being the cause of the deaths of the
deceased, which was set up by his learned friend for the pri-
soner. fly hia cross-examination various suggestions had been
made which were speculative and futile The prisoner had
been cruel to the child ; she complained of has being a tie to
her; it wsa in the way of her marriage with a man named
Mann; she had tried to send it to the workhouse, but It
could not be received unless she went in herself. She had
pecuniary motive to desire Its death. Its death was in-
sured for a small amount, Rt 105. She alone attended to it
In the house, she had ample opportunity, if so minded, to
adminster poison to it as medicine or food ; she had
arsenic in the house mixed with soft soap, which Dr.
Scattergood had explained could be severed from the soap
by a very simple process of washing. At an Infirmary she
had had the opportunity of gaining some acquaintance with
the nature of orugs and poisons, and how to administer
them, and it had been unque•tionably established by the
evidence of Drs. Kilburn and Scattergood that the child had
died from the poison of arsenic. Analysis had discovered 24
grains of arsenic In the contents of the stomach alone, which
coield only have been swallowed, and recently before death,
without taking into account the amount of arsenic f ound In
the substance of the various viscera. The two children and
• lodger named Matti..., who had died in her house at
Easter, and each died from the poison of arsenlc. Taking
the whole of the circumstances, although there was no proof
of the administering of poison by her, there could be no sub-
stantial doubt her hand had done it, and that she was guilty
of the charge of murder.

Mr. Campbell Forster, for the defence, commenced by
saying It was almost idle to ask the fury to dispel from their
minds all prejudice, and to form their opinion on the cattle
on the facts proved, pertinent to the issue, for not only had
every newspaper circulating in the country detailed cirzum.
stances, terrible if true, affecting the prisoner; but In the
trial of the case itself, he ventured to say, for the sole pur-
pose of prejudicing their minds, evidence had been given of
three prey I ou deaths in the prisoner's house from the poison
of arsenic, and, although not proved, it was more than Intl
mated the poison had been administered by the prisoner. Dad
she been convicted of these crimes after due Inquiry before •
jury, tholes, would not have allowed much evidence to be given,
because the law rightly supposed It would bias the minds
of the Jury in the verdict they had to give In the case they
were trying. The evidence as to the prisoner's cruelty
amounted to no more than chastisement of the child with •
leathern belt, end rested mainly on the evidence of three or
four gossiping women, every one of whom, it appeared on
cross examination, had a belt, • whip, or • taws," which
they used to their own children for the purpose of correction,
and on the examination of deceued alter his death there
was not • mark or a bruise upon him. The insurance bene-
fits, £4 les., to be derived by his death would be more than
lost by the expenses of his funeral. On the child being
taken iii she had sent immediately for Dr. Kilburn,
ted he and his assistant had attended him daily till
his death, and their evidence, and that of the char-
',omen who waited upon her and the child, all con-
cur that ehe was uniformly kind to it, and if the pri-
soner'. ...Parlance m • boopita nurse had tetteht lthrthrththit
&beat pawns it wonld most likely be that She skill of the

medical men amid detect them, and yet the two medical
men who attended her family were immediately sent for on
the child being taken ill. It had been established that the
children had died from the poison of arsenic, and it was
proved that the prisoner bad obtained, some six weeks before,
mixed with soft soap, to be rubbed into the j iinte of an Iron
Mustard in which there were bugs. Mrs. Dodd. had preyed
that she had so used nearly all that had been obtained over
the steel lathes of the bedstead and in the j quan•
tity containing about 300 grains of arsenic. It had been
proved by Dr. Scattergood that hi four or live weeks
the mixture of the soft soap no spread over the bedstead would
probably dry audit would become hard, and the attrition of
steel lathes overreach other each time a person.got in or Oct
of the bed would be likely to rub down the dry soap and
arsenic into dust, and it would fall on the floor The room
wee papered with a paper containing arsenic—all green It
was proved that this was most injurious to health, and had
been known to cause chronic arsenical poisoning. Dr. Scat-
tergood eattmated that the four walls of is small room ao
papered might have 12 grains of arsenic duet rubbed id, to
be raised in dust and minute II sting atoms, which, if in-
haled, would cause such au illness. But what were 12 grains
of arsenically poisttned dust about the room, rubned off
such • wee to some 200 grain., probably 'mattered under
the bed and over the floor, of dried arsenic powder mingled
with dried soap? Every time the child ran about the
room, played with his toys or jumped into bed a cloud of
these poisonous atoms must have arisen and been Inhaled
by hltn, as proved to be • delicate, ausceptible boy.
These atoms, inhaled into the lungs, would enter the circula-
tion of the blood, and every part of the substance of the
viscera would become tainted by arsenical poisoning. Much
of that inhaled would adhere to the tongue and moist parts
of the mouth and throat, and be swallowed with the saliva
Into the stomach, and after five days and nights, while lii in
bed, of such constant influences, was it surprising that as
much as 26 grains of arsenic had been found in the child's
stomach Niter death? But, again, it was proved the child bad
been locked in the house alone. The soap and arsenic not
used had been put away in a jug, In such & house probably
there were not many jugs, audit might well be that what re.
mained had been imperfectly rinsed out and a deposit of many
grains of arsenic left. Dr. Scattergood had proved that it re-
quired four or One rinsings to get away the remains of arsenic
perfectly If so, the child might accidentally have drunk
water or milk from the polsonom jug, and thus have becom
poisoned, was also proved that when ill • prescription
had been made up for him by Dr. Kilburn, and also by Mr.
Chalmers's assistaut, correlating of bismuth and prussic
acid, and these poisons were on the same shelf with the
arsenic bottle, and closely adjacent, and it was possible
that some unfortunate mistake had been made in the bottle
and that this arsenic might have been administered as me-
dicine. The learned counsel concluded with an appeal to
the jury to give the prisoner fair play, notwithstanding the
prejudice introduced into the case, and rather come to the
conclusion that there had, by some such accident or mis-
take as he had described, been arsenic taken by the chili
than that the prisoner, without any apparent or valid
motive, had deliberately poisoned the maid, while she
treated It kindly, sent for the doctors to cure It, and quietly
laughed to herself as she watcned day by day the agonies
which her hand had produced, aud which the doctors could
not discover lie cause of, and had then hypocritically
thrown herself into the greatest apparent distress at the
loss of her boy whom she had poisoned. Our common nature
revolted at such • picture as an imposaibility. It was far
more consistent with reasonable probability that accident
or mistake had led to the child having taken arsenic than
that • woman capable ef such conduct could mist. If there
were any doubt as to the facts they ought to lind the pri-
soner not guilty.
His Lordship having summed up the whole of the
evidence in a Most able and masterly manner,

The jury retired, and, in about an hour, returned
With • verdict of fiusity.

His Lordship having assumed the black cap, then
passed upon her the awful sentence of death.

The prisoner seemed to be stunned by the sentence,
and was removed in *fainting condition from the c. net.
The trial was not over till five o'clock, having occupied
the whole of three days,

The Times hats the fellowiog leader on the ablve
case:—

The specific charge on which Mary Ann Cotton was tried
was that Id having pisoned her stepson, a boy eight years
old ; but the importance of the case cannot be understood
without a brief review of the womana history. She was
born In 1832, nem•Seohatie tiartucter. After working for some
time, first as nurse and than as a dressmaker, she married a
labourer named Mowbray. With him she went to the
South of England, but returned to the North at the end
of nee years. During her absence she sail she had
had four children, who had all died. Mowbray ob
tamed employment at the South Ilettou Colliery, wad they
lived there some years. In 1. 00 another child died, and the
surgeon certified that the cope of death was gastric fever.
They then went to live at Hendon, and here, in 1864. •
sixth child, one 'ear 01.1, died. In January, 18.+6, her hus-
band died at the age of 47. and In May of the same year •
seventh child, four years if age, died. In the cases of both
these latter children the doctor assigned gastric fever as the
cease of death The nest year her mother died very suddenly,
after she had gone to attend her. Most, if sot ail, of these
persons had their lives insured, and on the death if her bus.
band she received a sum of .825. She then obtained
• situation at an Infirmary, hut soon married one of its M-
ande', named Ward. Ile died, at the age of thirty-three, in
October, 1666, and the el .ctor considered that he dropped
off very suddenly." In December of the same year she be-
came housekeeper tow nian named Robinson, and In Jane of
16,7 he married her, lie was • wilower with five children,
and also had at this time one girl, nine years of age. She
lived with Robinson tenni the latter part of December, 1867,
and during that year there died in his hotness boy ten months
old In January, • boy sin years old In April, • girl of
eight yearn in the same month, her own daughter of
nine year. in May, and another little girl in December.
Two surgeons attended these children, and both stated
that the cause of death as gastric fever. Her husband,
Robinson. however, auspected her ; he Is said to have found
out that she robbed him, and his relations did not scruple to
tell him his children had been poisoned. She absconded from
his house, and In October of 1870 we find her once mom
married, to a man named Cotton, living at Walbottle. Here
she seas accused of poisoning pigs, and became on such had
terms with her nedehbours that she aiol her reputed husband
went to live at West Auckland. The family then con-
sisted of herself, her hueband, and three stepsons.
In September, 1671, her husband died, at the age o 131; and
In March, 1672, two of her stepsons died. In each case the
death is said to have h-en sudden, and to bare been marked
by the same symptoms. After the husband's death a man
named Mattrasa came to lodge with her, and In April, 1072,
he also died, after suffering great agony for about • week.
This left her with.only one stepson, seven tears old, and he
died id what the doctor at test called gastric fever in July of
lest year.

Sia teen deaths hail thussOccurred in the woman's succes-
sive households, not to mention the four In the South of Eng-
land Even in the cue of the last child, actor making a post-
mortsm examination, the doctor gave an opinion that the
death was due to natural causes, and he ape el tied gastric fever
ma the fatal complaint. But, on reflection, hie mind mis
gave him, and upon examining some of the contents
of the stomach he tonsil traces of arsenic, and come
munlcated with the Police. The body was then fully
examined, and an amount of arsenic was discoveriol in
it suff eient to have'killed an adult. Upon this the bodies of
others who had recently died in the woman's house were ex-
humed, and arsenic was found In them. In the holy of the
lodger Statism!e as much as seventeen and a half grains were
detected. The only onestion which the prisoner's counsel
could raise on her behalf was whether It was proved that the
arsenic of which the child died had been administered by
her. Sine had bought, indeed, six weeks before the
child'. death, • mixture of soft soap and anemic contain-
ing as much as 300 grains of the poison. This hail been
used to clean a bedstead, and it was !suggested that wouan-
tity of the arsenic might have dropped on the floor and
have been afterward. inhaled In the dust There WaS also
mid to be • paper of arsenical green colour, the fume. of
which might have had • poisonous effect. It is also suggested
that some of the mixture might have been left in a Jug from
which the child might have drunk. But these far-fetched
euppnaltions could not possibly over-weigh the heavy au
cumulation of circumeteditial evidence; and the Jury, in
about an hour, returned a verdict of "Guilty," and the
woman is left for execution.

As she has not been tried on any of the other charges
alleged against her, it may be hoped she is not responsible
for the whole of the long catalogue of deaths we have enu-
merated. Two or three other suspicions at first entertained
against her have since been dissipated ; Malt haw ly admit.
of moral doubt that the crime of which she has been con.
skied was but one of aunts, and that for years she has
lived the life of a systematic poisoner. The history of the
other cases lain precisely similar to that of the present
that one is only surprised no do ,tor should have pre-
viously suspected foul play. The neighbours, as we have
seen, did suspect it in tne case of the children of the woman's
third husband, but successive cases of "gastric fever" ap-
pear to have occurred in tits woman's household without
aroueing any misgiving in the minds of skilled observers.
That the three persons whose bodies were examined, besides
the boy, were poisoned by arsenic seems to &unit of no doubt,
hut their deaths were duly certified, and it was supposed, so
far as medical observation went, that they died from natural
cause.. Ave the symptoms of arsenical poisoning so subtle
that trained doctors cannot be expected to notice them 1 Is
it creditable to medical science that a man should he allowed
to die with seventeen and a half grains of arsenic in his
stomach without foul play being su•pected / But perhaps the
greatest wonder is that a woman could success/ ally practise
torso many years a system of y oisonisg without betraying
her dreadful secret of awakening more than once material
dietrust among her neighbours. She had to abscond from
the house of one husband ; but she had no difficulty In
getting four men to marry her, and ills said to have been
one of her reasons for wishing to get rid of her stepson
that the child wits an obstaee to her marriage with
a fifth. Successful poisoning, perhaps, has a fascination of
its own. Our American Correspondent recently reported
the conviction of a woman who is known as the Connecti-
cut Borg* on account of the wholesale poisoning of which
she had been guilty. She has only been convicted of man
slaughter, and is sentenced to imprisonment for life; hut she
confesses to having murdered two husbands, four of her own
children by her first husband, slid a etepson and step-
daughter, children of her third husband, Such crimes are
far more hideous than murders committed In the heat of pu-
lion ; and it is strange and torrinle that persons capable of
committing them can maintain the quiet decencies of
ordinary life. So far as any motive can in the instance of
the West Auckland poisoner be netected, It was simply a
desire to secure the small Insurances which might fall due
on the death of the woman'e victims. There wss no hatred
or passion to the cue, but a sort of diabolical inhumanity
which male the woman absolutely indifferent to everything
except the attainment of her own paltry ends. Nothing hut a
sterner law than seems terprevail in C mnecticut can act sus •
counter-irritant strong enough to check the cruel impulses
of such natures.