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London, England, 1805-03-25 00:00:00

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the Prisoner, he went with the greatest caution of
mind, and was not prepossessed that he was the per-
son who had bought the arsenic. He said, if he had
Fern him in a crowd, he believes he should have

known him.
William Lucas said, he was apprentice to Mr.
Wilson, a surgeon, at Leeds. and was now 17 years
of age Oa the loth of November last, about six
o'cl•ir in the evening, the Prisoner came into their
shop ; they h 4.1 o,eii lighted the candles; the Pri-
soner had some in his hand, about three

or four in number ; the Prisoner said he came for
some white arsenic. The Witness said he told the

Prisoner, " we sell to persons only whom we know,
when we know what they are going to use it for."
soner then sheaved the fish,and Witnesssold him some.
Upon being asked whether the Prisoner was the man,
he said he was sure he was. He said, "1 knew him as
soon as I saw him ; I said, that is the man." He

said, " What for?" I said, " I sold you three penny-
worth of arsenic last Saturday." He then said,
" My lad, thou bast got hold of a grand mistake ;"
and asked me. " Do you know where I bought the
fishes r I answered, " I did not." The Witness

again repeated, tat he was certain the Prisoner was
the man. 4. When I said that he via, the man, I

observed that he changed countenance a good deal."
Upon being cross-examined, he said it was com-
mon to use arsenic for the destrudion of rats ; for
that they sold a great deal to a man who was a noted
rat-catcher.

Thomas Barrel, keeper of the prison at Leeds,
tid, that he was with the last Witness when he
identified the person of the Prisoner ; and that he
had acknowledged to the Witness that he had been
at Leeds that night.
Here the evidence for the prosecution closed ; and
the Prisoner, being called upon fur his defence, said
that lie had not been in a druggist's shop on the
night of which he was accused ; and that his wife
did not by tie charge to him ; neither had any thing
of the kind been proved ; for no one could say so.
He said be was completely falsely accused.
To his chaiaCrei were called Benjamin Stead,
shoemaker, at Holbeck, Robert Walker, Paul Stead,
and John 11;dgate.
The Jury were not long in returning their verdift
of Guille.
The Judge then, in a most solemn manner, pro-
nounced the sentence cf death upon the Prisoner ;
and upon pronouncing the last words " and may
God have mercy upon your soul ;"—the Prisoner
said, " I am not afraid of my soul."
Agreeably to his sentence, he was executed on
Monday last, and his body sent to the General In-
firmary at Leeds for disseCtion.
Beirjamin Ottroyd, late of the parish of Sandal-
Magna, in the county of York, labourer. was in-
dided for the wilful murder of Joseph Oldroyd, of
Sandal-Magna aforesaid.
The first Witness called was William Jagger.
lie said, that he knew the deceased Joseph Old-
rnyd, who lived at Mill Thorp Grange, and that
the Prisoner was the son of the deceased, and lived
in the house with his father and mother. That the
deceased had a small croft or close behind his house,
which be saw the Prisoner walking in, at,out half
past four o'clock, in the morning of the July
last. lie said, " I went from home that day, but
upon my return in the evening, about six o'clock,
I went to the house of the deceased, and found him
dead, and a wrinkle round his neck, which appeared
to have been made by a rope; there were also
several bruises about his back, on his thighs, private
ports, and 3 lump of clotted hood in his mouth,
and his tongue appeared to be bit through with has
teeth."
The next Witness. Sarah Jagger, wife of the last
IVitness, said, that having heard of the deceased's
death, she went to the house to see him ; and, upon
inquiring of his wile where he was, she said, " My
lass, I was not its the house when all this happened;
if I had been in the house, I could have prevented
all this; it is so sudden a thing, that folks will say
we have killed him ; he is lying dead in the garden,
with his head under the cherry-tree." The Witness
said, she went and saw the deceased ; the Prisoner
also went with her : she here described the appear-
ance of the deceased, the same as the preceding
Witness.
Lucy Key was next called. She corroborated the
two former Witnesses as to the appearance of the
deceased; and that site said to the deceased's ?Nile,
4, Oh, Betty, what a right is this!" to which she
replied, " Do not say aught about it."
George Robinson corroborated the preceding wit-
nesses, as to the appearance and situation of the de-
ceased ; but thinks it impossible for him to have
been hung upon the tree, which in the bole was but
about nine inches round, and about four feet high.
There was not a branch strong enough to hang
himself upon. Said, 44 I asked the Prisoner what
time in the morning the deceased went out of the
house ?" and he replied, about eight o'clock in the
morning. A brother of the deceased was there, who
said to the Prisoner, " You have murdered him ;
he has been hanged ; what have you done with the
rope ?" The Prisoner replied, "Do you think I
would kill my father ; I'll take care you do not fol-
low him to the grave, you grey-headed old rascal."
The witness said, he was at the funeral of the de-
ceased, and on that day found a rope over a crook
in the parlour ; that he carefully examined the tree,
and found there were no marks upon it.
Upon his cress-examination, he said he would not
swear but that it was possible for him to have been
hanged on one of the branches.
Benjamin Trueman said, he saw the deceased af-
ter his death, but he had no rope about his neck, nor
any appearance of one having been upon the tree ;
and that the deceased could not have hung himself
upon the tree without kneeling down, and the grass
did not appear to be at all trampled upon. The
Prisoner told this Witness, that the deceased was
missing about eight o'clock in the morning; but
the wite of the deceased told the Witness it was
about eleven o'clock.
John Filth, the Constable, said, he examined the
Prisoner's house, and found two ropes suspended
over a wooden pin, about five feet from the floor,
and afterwards found a collar suspended over a
strong nail, seven feet two inches, and seeing
part Of a rope which was fastened to the collar, and
which had cords tied round it, answer, particularly
at one end of it, with that part of the rope fastened
to the collar, he compared them together, and be-
lieves that the rope had been cut from that fastening
to the collar.

Jane Arnold said, she lived near the deceased.
and about a year ago heard the prisoner say to his
father, " D—n thy foul face, I hate to see thee !"
and heard a great din in their house, as if the son
was abusing his father. The Witness said, " I
heard him say, D—n him, I could kill him as free-
ly as I ever ate a bit of bread.' " The deceased re-
plied, " I could swear my life against you." Has
often heard them quarrel.
Thomas Oldwell said, that he lives near where
the deceased lived, and that about two days before
the deceased's death, he was passing hie house, and
heard the Prisoner abusing his father, apparently in
A very great rage, and heard him repeat these words
to his father, " Thou old foul-faced rogue and thief,
I always told thee thou wart a fool and a
Mr. Strait* ird says, he lived at Wakefield; that he
took a plan of the house and premises of the de-
ceased; that the bole of the cherry-tree, against
which the deceased was found, is four feet two
inches high, and ten inches mind; one bough is six
feet and a half from the ground, but hal no appear-
ance of the bark being in the least damaged, And
thinks it impossible for the deceased to have hanged
himself upon it.
Mr. Thomas, of Wakefield, surgeon, was called.
He described the appearance of a cord having been
twitched round the neck of the deceased, and a
mark under the left ear. Upon disseffing the neck,
he found the trachea dislocated ; the wounds nu the
body appeared to have been got by struggling
against some hard substance, and could not have
been infliCted by himself; it being clear that his
death came by strangulatin.
Elizabeth Oldroyd, the 'vile of the deceased, said,
that About five o'clock in the morning of the day on
which ht r la:sband died, he a eat with far to
mik, and came jack with her ; when they had got
home, he said to the Witness, " Platen you where .
my box key is." I said, " I do not want k." He
replied, ss You do not know how soon you may want
it." He then lay down on the bed, and I went to
get berries in the garden with my son. She said
that nobody could get out of the house, or into it,
without their seeing, and must have heard any noise
or disturbance, if there had been any in the house.
When they had been about two hours in the garden,
and had got the berries, they came into the house.
Upon being asked if the Prisoner bad stopped will•
her the whole time she was in the garden ? she said
—he did. When they came into tile h..ue., trey
could not find the deceased until almost night,
when they found him with his head lying against •
the cherry tree. She said that she never said be-
fore the coroner or the magistrate•, " that she bad
left her son in tie house bleeding of a cancer, at the
time she went out to get th- Is arias." She her•
son first found him, and took the rope ;TOlll 1):'. his
neck. He was lying agairst the tree, on one side.
She said she believed somebody Ilan got the rope.
She said she had oriel taken a rofe from off !.er
11ns:sand's neck, when he has astempted to take his
life. She said, " I believe that my husband de-
stroyed himself; because he has so of ,;, t.,ld me
that he would." She said, she did not tell That to
the Coroner. •
The depositions taken before Mr. Brook, the Co-
roner, were then read, and first toe prisnner's. who
said he was akine with his father when his m.r
they went out to get berries ; and that there was no
rope about his father's neck when he found him.
Elizabeth Oldroyd's were then read, in wiiich she
said that she had left the prisoner in the house when
she went to get berries.

After baying withdrawn for ahlut an hour, the
Joey returned their verduf ot--ozotte.
Upon the prisoner being asked. why sentenee of
death should not be pissed upon him ? he deciand
he WAS as innocent AS .1 child. 'rhe usui) scr ttece
WAS then pissed on him; but, in co..sequer, of
some objections, made by his Counsel, he is respited
for the present.

KENT' ASSIZES.

MAIDITONS, Id ARCO 211.
CROWN SIDE
Before Mr. Jostle, Roots.

V

MURDER
Elisabeth Barber was indided for the Murder of
John Dennis Daly.
Morgan Callagan said, he was a Pensioner at
Greenwich Hospital, and koew Daly ati.) the O-
s lner, who lived together as man and wite ; on the
11th of Otelober last, the pri.(•ner a,.d her daughter
went out; the witness staid at home with Daiy in
his room. When the prisoner came back they had
a pint of gin together. He staid with them tiet.l a
little after eight. While 11, was with them they had
a dispute about two seven shillings pieces, when she •
took a case knife from the mantle piece, and said,
she would have his life, it he did not give the moih'y
to her. Daly was at that time sitting in an arm
chair by the fire-place. When she took !he knife,
the witness said, " Good night, I shall not stay here
any longer ;" and went away. She had not at that
time laid the knife down.
Ann Ward lived in the room under the prisoner's
room at Greenwich; she heals' a trampling over her
head, as though of persons scuffling. This was
half an hour before she heard the cry of murier I
and she heard Mrs. Daly, the priso:.er, say, " I'll
do it !”—PII do it !"—I will not put up with it !"
In about half an hour afterwards she heard the pri-
soner open her doer and cry out " murder !
" bloody murder!" " My husband has stabbed him-
self, and is dead enough, will nobody come to my
assistance r' The witness called the woman who
lived underneath, in the kitzhen, and they both went
up stairs with the prisoner. When they got up, they
saw Daly sitting in a chair with his head hanging on
his left shoulder, the bosom of his shirt was open,
and the wound on his breast was washed very clean.
The prisoner was all the time smoaking her pipe,
very unconcerned indeed ; merely observing, that
he had stabbed himself. The witness being fright-
ened went down stairs, Mrs. Barber, the pris net,
followed them down, and continued smoaking at
the bottom of the stairs.
1 Ann Stoughton knew Daly, and saw the prisoner
on the 14th in the evening, before the college bell
had done ringing ; the prisoner said, " In the name
of God, Nanny, go up with me, I have done it, I
have done it !" The witness implied, "In the name
of God ! what have you done ?" She said she bad
done mischief, and mischief she was bound for. The
witness went up stairs with her, and. observing bet
hands all over blood, she asked - -- What have

.ked her, " What lave