The Sun.
London, England, 1855-12-12 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.
D'URHAM, DEC. 10.
THE EXTRAORDINARY MURDER BY SLOW POISONING.
Mr. Baron Martin took his seat at nine o'clock, and
the trial was immediately proceeded with.
Police Sergeant J. Brown detailed the circumstances
of his taking possession of the prisoner's house after his
apprehension, his-receiving the medicine bottles from
Ann Taylor, and Akre and with whom the various ar-
ticles were subsequently deposited.
Police Superintendent Anthony Robson corroborated
portions of this evidence, and stated the finding of the
Indian basket of medicines on the 14th July. He
searched for, but did not find, a bottle of Fowler 's solu-
tion of arsenic.
Eleanor Middleton, of Haughton-le-Skerne, had some-
times in her visits during Mrs. Wooler's illness given her
medicines, but never was present when injections were
given. In cross-examination the witness said she had
never, during a close intimacy of 12 months, seen any-
thing but the greatest kindness between Mr. and Mrs.
Wooler. Mrs. Wooler had said that her husband was
exceedingly kind to her.
Valentine Devey, surgeon, Wolsingham, had known
Mr. and Mrs. Wooler a year and a half, and attended
her a week in October, 1854, but not again till 6th of
June last. He ascertained her treatment, and made no
alteration in it. He had conversed with Mr. Wooler on
drugs and chemica's, of which Mr. Wooler seemed to
have a knowledge, and to know the nature of some pre-
scriptions Mrs. Wooler had had some time before.
Cross-examined--The prisoner manifested the greatest
kindness for his wife, and was overwhelmed with grief
once when she was ill at Wolsingham. Mr. Henzell
mentioned no suspicions, and witness heard of none till
after the death.
Ann Breckaell, sister of Mrs. Wooler, went to visit
the deceased the Monday evening before her death. She
corroborated the evidence as to Mrs. Wooler reading
Dr. Jackson's letter on the Friday after dinner. (She
was very painfully affected in giving her evidence.)
Cross-examined—Witness had been living at Burdon
ever since the death, in consequence of a letter from
Mr. Wooler. Mr. and Mr 4. Wooler always had the
greatest affection for each other, and witness believed
Mrs. Wooler had her own way in everything. Witness
once lived three months with them at Liverpoel, and
was afterwards with them at Ramsgate. On the morn-
ing of her sister's death she saw Mr. Wooler in the
room, but witness was so confused she could not re-
member particulars ; she saw hint weeping several
time 4. During the greatest part of the night he was
reading the Bible to Mrs. Woofer.
Margaret Wooler, a niece of the prisoner, went to
stay at Burdon on the Ist June, and stayed till her aunt
died. Witness was not present when any injections
were given, but had given her aunt medicine on three
occasions.

Cross-examined—Ann Taylor cleaned the store-room
out by Miss Brecknell's directions, whilst the prisoner
was at Wolsingham. The whole house was cleaned at
that time. The prisoner and his wife were apparently
very fond of each other, and during her illness the pri-
soner appeared very attentive and anxious about her,
and very much distressed at her death.
Ann Taylor recalled—She did clean out the house after
Mrs. Wooler's death, but did not recollect finding any
bottles, or throwing any out. She catried the bottles
out of the storeroom, to clean it, and put them back
again when it was cleaned.
George Seymour Dixon, M.D., of Gateshead, had re-
ceived a letter from the prisoner about mid-day on the
11th of June, requesting him to go to Burdon to see
Mrs. Weeder, who was dangerously ill. In reply witness
wrote that he was going to Scotland next morning. On
his return, about the 15th of June, he found a letter
from the prisoner (which was put in), dated the 11th of
June, stating that the doctors had had another consulta-
tion, and maigre the incessant vomitings Mrs. \\reeler
was better than for five weeks past, and requesting him,
if he bad not set out for Burdon, not to do so.
IV. Brecknell, of Gateshead, a brother of Mrs.Wooler,
stated ths he had not been informed by the prisoner of
the time when Mrs. Wooler's funeral was to take place.
He xeceivsod no request to attend it, and was not in-
farmed beforehand that there was to be a post mortene
examination. Witness is the prosecutor in this case. He
did not go to Burden to see his sister. He had had no
misunderstanding or dispute with the prisoner or his wife.
Cross-examined —Witness bat always been on
friendly terms with them, but had not visited them for
20 years. He lives 32 or 33 miles from Burdon. Wit-
ness was at the inquest part of the time. He was the
father of Sir John Fife's pupil. He received information
of his sister's illness on the 16th of June, and had seen
Dr. Hazlewood's letter to his son.
Re-examined—Witness received a letter on the 19th
of June. Though lie had not visited the prisoner since
he married witness's sister, Mrs. Wooler was at Gates-
head five years ago, and dined with witness, and the
prisoner visited him about three years ago, took tea with
him, and they parted in a friendly way, with an invita-
tion for witness and his family to go to Burdon. Wit-
ness had never had any dispute with him, and had
known him since childhood.
Ralph Fortune, late registrar of deaths, when regis-
tering the death of Mrs. Wooler, about one o'clock on the
29th June, saw the prisoner, and asked if he had a cer-
tificate of the eauee of death, and the prisoner said "No."
Witness asked it Mrs. Wooler had had a medical man,
and prisoner stated that she had bad three—Dr. Jackson,
Dr. Hazlewood, and Mr. Henzall, the last of whom lie
said he considered "an extraordinarily clever man."
Witness could not remember what the prisoner stated was
the cause of death. [The registrar's book being pro-
duced, the entry was read—" Ulceration of stomach and
bowels—not certified."]
Various letters of the prisoner were then put in and
read. In one letter to Mrs. Rjrner, after the death of
his wife, the prisoner refers to the allegation of poison
having been administered, and says—" There is n'o ques-
tion that Jane's case was improperly treated, and I told
the doctors so in no mild terms." " A host of lies are
afloat." "It is all malice • but my time will come."
" If it was poison, it must have been given in their me-
dicine ; for in no other way could it have access t > her."
Jas. Fothergill, surgeon, had practised five years in
Darlington. Had attended Dr. Christison's lectures in
Edinburgh. About a week before the death the prisoner
desired witness to lend him a syringe, which witness did.
[The[remains of this syringe were produced and identified.]
. The syringe was not r,ew. His ilea was that the tube
was now. Witness found it in the surgery, wrapped in
paper, a day or two after Mrs. Wooler's death. He tried
to pump water through it, but it was stopped up, and
he put it away. It afterwards struck him that it might
contain arsenic, and he took the tube and found it con-
tained arsenic. He used muriatic acid in testing, and
tested the acid both before and afterwards ; on the
latter occasion he found arsenic in the acid.
Cross-examined—Witness discovered the test was im-
pure tke day after giving evidence before the magis-
trates, and told Mr. Henzell, but never agreed not to
divulge it till the assizes. Witness went to the magis-
trates to give evidence in c n•rection of his former state-
ment about a fortnight after his first evidence.
Reexamined—Witness discovered his error before lie
had any communication with Professor Taylor, or any of
the medical men. After the discovery witness took the
earliest stops to rectify the analysis. Mr. Henzell did not
advise him to conceal it.
By the Judge—Witness assisted in examining a por-
tion of the liver. Mr. Henzell and Dr. Hazlewood acted
along with witness.
Dr. Jos. Andrews stated that he gave everything to
Dr. Taylor he had received from Superintendenty Robson.
Professor Taylor recalled—l have
to the symptoms select, had listened attentively
prevaieledii during the illness
of Mrs. Wooler down to the time of heru eaith. I am
not aware of any other cause to which all
toms before death could be attributed, excerptoLoo‘asie,rigeßFevpai
poisoning. I have examined 125 cases of
arsenic, during an experience of a quarter of a century,
The earlier symptoms, anterior to the tingling, might
indicate other causes than poisoning by arsenic. I heard
and attended to the evidence which was given as to the
character of the urine on the 23d of June, and the urine
examined before and afterwards. From the evidence I
heard I should consider that urine did not come from
the same per Son. I attended to the description given
by Dr. Hazlewood of the pest motion examination. Tee
appearances indicated poisoning by arsenic. I believe
that the deceased died from arsenic, and no other cause,
administered in small doses. I tested the three syringes.
The two brass ones were first tested. There was no arcen.c
in the syringe without the tube (Fothergill's). There was
no arsenic in the other brass syringe. In the pewter one
I found arsenic. In the pewter itself there was no arsenic.
It consisted of tin and bismuth. There was no arsenic in
the metal which could be extracted by the process that
produced arsenic from the tube. There were two bottles
mis-labelled. There were 70 varieties of medicine.
The case for the prosecution having closed,
Mr. Serjeant *Wilkins addressed the jury for the de-
fence in a powerful and eloquent speech. I will endea-
vour, said the learned serjeant, to lay before you the
merits of the case, and I may venture to say that the pri-
soner is the last man in the world who ought to have stood
before you on this charge ; and, but for the •l• prejuc ice
which hag surrounded this case, I should have addressed
you with but little anxiety for the result. Had education
obtained the height one could have wished in this coun-
try, there would not have been published and circulated
such malignant le rn
iirnd slanderous reports calculated to de-
stroy a
When I observed a man in court so
far forget his
position as to indulge in the exhibition of
his feelings as if at a theatre I was ashamed. I will
show you that it is impossible that the prisoner can be
guilty of this charge. v.
—very
ge ground except one upon
which Mcm
Mr. James rested his has broken down. But
for the infamous conduct of the medical witnesses that
poor woman might not have died. When you find a
gentleman has been applauded for the manner in which
thought
theyth ebya should
o(esi dis-
covered
d
he gave his evidence, asking Dr. Taylor his advice upon
a question of morals whether he thou
make known to the magistrates that
covered that Dr. Fothergill's test was worthless, do -
u
think him a man of good sense and right feelinisori
[While the learned serjeant was here referring in pathetic
terms to the mental sufferings the prisoner had under.
gone, particularly by reason of the repeated examinetione
of the deceased's body, a painful scene took place is
court. The prisoner was attacked with a violent hysteri-
cal fit of sobbing, which lasted some time. He shortly
recovered.] recov
eI will say as little as I can to increase the
sufferings of that poor man. When, in addition to the
conduct of MH 11
r. enz e , I draw your attention to Dr.
Jackson's and the prosecutor's, you will not wonder that
prejudice has
gone
dnneaihroad. I have observed your atten-
tion, and I
w
through your foreman,
at the request you made,
sta he allowed to attend a place
of worship. I trust that
you did then supplicate that
God who disposes and turns
the hearts of men as seems
best to his unerring wisdom for
that guidance and in-
struction and influence, so as t
you to come
tojuet conclusion. Mrs. Weeder enerwabe
as la
lady.having.,
The prosecu- I
perfect control over her own household.