The Sun.
London, England, 1821-08-16 00:00:00

LINCOLNSHIRE.L(MOIDER OF A WIFE.)

James Cawthorne,-aged 26, late of 'Whaplode,
labourer, was indicted' for the wilful murder of
Mary his wife, at Whaplode, on the 23d of
March last, and the indictment charged that
he, Wilfully, feloniously, and of malice afore-
thought, did secretly mix and mingle with milk,
flour, and sugar, a certain deadly poison, viz. one
drachm of arsenic, which he, knowing it to be
poison, did give to his wife on the 19th of March,
intending that she should take, drink, and swal-
low it, whereof she died on the 23d, and that he
thereby wilfully and of malice aforethought did
kill and murder her. A second count charged
that he, at the place aforesaid, on the 23d of
March, did violently make an assault on the said
Mary Cawthorne, and with both his hands did
press, squeeze, and 'gripe the neck and throat of his
said wife, whereby he, feloniously and of malice
aforethought, did choke and strangle her. Mr.
FRANKLIN, for the prisoner, took an objection
to the indictment, and maintained that the Coun-
sel for the prosecution was bound to make his
selection of the count on which he would pro-
ceed, and to call evidence to that count only.
After some discussion of the point between -Mr.
Reader (for the prosecution,) Mr. Franklin, and
the Judge, his Lordship decided that it was com-

petent to the prosecutor to call evidence to bot

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charges, and, that after the evidence had been
gone into, he should make his selection of the
count which he would have to go to the Jury.
Mr. Reader abandoned the second count, and
proceeded on the charge of poisoning only. lie
then stated the case to the Jury as detailed by the
following witnesses : •
John Smith lives al Whaplode, close tothe prisoner's house ;
has known him for several years ; he had been married to the
deceased about two years ; their family consisted of the hus-
band and wife and one. child. Saw the deceased on Monday
the 19th March, in a yard close to witness's house • had some
conversation with her, and she appeared in good health. Wit-
ness saw.her again on . Thursday the 22d, m'his house, when
she seemed very ill ; her face was' much swollen, and her
eyes seemed ready to start from her head. Never saw her
alive afterwards, and at six o'clock the next morning heard she
was dead.

Cross-exaMitied—Did not see her between Monday and
Thursday ; on the latter day he inquired how she was, and
she said she.was very bad, but better than she had been.
Elizabeth Biggadike, mother of the deceased, livedat Whap-
lode, about 200 yards from the prisoner's house ; her daughter
and her husband-did not live very comfortably together for the
six months preceding her death. Saw her daughter every day
from Sunday the 18th March to Thursday the 22d. She was
not taken ill till Monday night. She complained of being very
on Tuesday and- Wednesday, and also on Thursday morn-
ing, after which time the witness never saw her alive. On this
occasion the deceased said, " her husband was so-one to Hol-
beach for more drugs ; what must she do about taking them ?"
she also complained of being in violent pain, and said, " I shall
never get over it." On being further questioned, the witness,
said-she did not remember any thing more.
JUDGE.—Were you not examined before the Coroner's In-
quest ?—A. Yes.

And do you mean to represent you have told us one-twen-
tieth part of. what you then said ?—Did not suppose she had,
but she could not recollect any more.
• Elizabeth Biggadike, the younger, is sister to the deceased;
she went to her house- at eight o'clock on Tuesday the 20th ;
deceased was very, full of pain in her stomach, was very sick,
and continued vomiting at intervals during the whole of the
day ; she became somewhat better in the afternoon, and about
five'o'clock,witness left her; was with her on the following day,
when she was still very unwell ; went to deceased on Thursday
at.g.i.n the morning and staid till eight at night ; her sistss was
worse than on the preceding day, complained of being very full
of pain, and did not' et up till 11 o'clock. •
Cross-examined—Her sister only vomited once on Wednes-
days and that was after she had eaten; never saw her-go out
of the house on Thursday, but would not swear she did not go
to Smith's.

Margaret Smith, wife of John Smith, lives about a dozen
yards from the prisoner's house ; deceased came to her house at
three o'clock in the afternoon on Thursday,.came into her ued-
room whete witness was confined by illness ; deceased looked
very ill, and her eyes appeared black. She observed to witness
that witness's husband looked at her, as though he supposed
her husband had been beating her.. Witness asked her if it
was so ? she replied, " No, he has not given me a black eye ;-
but he has done for me, and I shall never overset it." She
- said this with a -serious air, as-if-impressed with tin idea that she
should shortly die. She afterwards said, " If I live two or
three days, I will take some antimony wine." She declared,
that on the Monday afternoon her husband on coming home
complained of being unwell), and desired her to make him soine
thickened milk ;-she did so, and, her husband having eaten part
of it, desired her to go to the public-house and get him a pint
of ale; she went accordingly, and he was left alone in the house.
On her return, her husband said he did not feel inclined to eat
any more of the milk, -and she had better eat the remainder.
She did eat the rernainder, and shortly after was taken exces-
sively sick and ill.

[Mr. FRANKLIN objected to the deceased's declaration being
received as evidence, inasmuch as it was not proVed that she
had made it under the conviction of immediate death ; and the
Judge decided that.it could not.]
Edward Blyth :Vise; surgeon, of Holbeach, has been in prac-
tice for nine years ;' opened the • body of the deceased on the
Friday on which she died, at the prisoner's house. The exter-
nal appearances of it were, a slight purpleish• hue on the face ;
purple and livid spots on the neck, throat, loins, shoulders, and
-back ; also a small wound on 'the left leg ; -the appearances
about the throat were not such as induced him' to suppose the
deceased had,•been strangled. The omentum, which covers the
bowels, was inflamed throughout ; and the peritoneum, or co-
vering of the internal' part of the body, slightly inflamed ; •the
small-intestinegwere highly inflamed, nearly in a state of mor-
tification. His lather opened the stomach,, and witness was
present at the examination of it : the stomach was highly in-
flamed and ulcerated : the liver, heart; lungs, and spleen were
in a healthy state ;,and•he considered the deceased to have been
a very healthy subject. The stomach contained an ounce and
a half of thick mucilaginous, yellow, liquid; it was. put in a
phial; and the next day an attempt was mae to analyze the
contents ; :but nothing deleterious or poisonous could be ex-
tracted. is of opinion, that the inflamed state of the stomach
;and intestines had been produced by something deleterious or
poisonous having been • taken into them. The effects he be-
lieved might have been produced, although the poison had been
thrown 'up by sickness ; and although there was nothing poison-
ous. found in analyzing the contents of the stomach, yet suffl-
cient'might have adhered to the coats of the stomach to produee
inflammation and death. Cross-examined :—Witness would'
not swear that poison was the cause of her death, although it
was his firm belief ; yet he would not say that inflammation,
coming on with a great degree of violence, and speedily ter-
minating in mortification, might not have produced similar
appearances. • _ _ _

William Vise,_ father of the lass witness, agreed with his son
as to the externat appearances, and that death had not been pro-
duced by strangulation ; he also corroborated his statement
respecting the stomach and intestines being nearly in a state of
mortification ' • and firmly believes that poison having been
taken had produced that mortification, which terminated in her
death. Is decidedly of opinion that nothing taken into the
stomach but mineral poison could have acted so upon a healthy
subject, as the deceased was. Believes ulcers may exist without
being produced by poison, and also that they may destroy life ; but
then the general healthy state of the subject is to be taken into
consideration. Considers the ulceration in this case to have
been produced by sudden and violent inflammation, and as not
being an independent disease; if the ulceration had been an in-
dependent disease, the other parts of the body could not have
been in so healthy a state ; and if the disease had been natural
ulceration, the patient would have been suffering under it for
weeks, or months, or perhaps years, before it had reached such
a height as in the present instance'; and it certainly would not
have come on in a day or two.
Mary Sindal was called in at three o'clock on Friday morn-
ing to lay out the deceased. The prisoner followed her up
stairs, and taking hold of the hand of the corpse said, " Bless
you, I little thought your death so nigh."
Sam. Edwards, the coroner before whom the inquest on the
deceased was taken, after the-Jury had found a verdict charg.
ing the prisoner with the murder of his wife, acquainted lum
with-the verdict,. and said he 11:1USt comrait him to Lioneoln

,
Castle. The prisoner said his Wife was taken ill ill the night]
, of Thursday the 23d, and he got up and fetched her some rain'
and water : he also said he hoped the laws'of his countrywould
protect the poor as well as the rich.
Mr. Vise was re-called by the judge and asked, whether,
supposing a glass of rum and water to have been ,drank by the
deceased on the Thursday night, it could have' prodieced such
appearances.—Witness replied, it certainly would not, as the
inflammation must at that time have done its -Work.
. Robert Collins, constable of Whaplode, received the pris' oner
into his custody to take him to Lincoln on the coroner's war-
rant. Just before setting out from Whaplode on. the' Monday
morning, the priiorter desired to see his child ; it was brought
to him, and he took it in his' arms dila-burst-into tears, . Wit-
ness said-to him, "Oh ! James, how came you to deprive that
poor child of its mother?" prisonei replied," It's done now,
and I cannot help, it :" he then fainted Way, and the child fell
from his arms, and witness caught it. On their arrival at
Spalding, at the White Lion; the prisoner requested permission
to write a letter, Which was granted and he wrote one ac-
cordingly (the first of the two beneath), and addressed it to
" Charlotte Tomlinson, ,Whaplode, Lincolnshire ;" the con-
stable was to return that same night to Whaplode, and to
rejoin the prisoner at Spalding the next morning; and .Caw-
thorne requested him to deliver the letter to Charlotte -Tomlin-
son. Witness took 'the letter, bait did not deliver it, Hy told
the prisoner next morning that he did not deliver it ; notwith-
standing this, when they reached the 'White Hart, Boston. he -
wrote another to Charlotte Tomlinson (the second one beneath),
and gave it to the constable. Prisoner requested that they Alight
be given to the magistrate,-and that the magistrate would force her to come. In his way from Spalding to Boston prisoner held
a conversation with -witness respecting Tomlinson: he said "
wish to God I had gone away with Charlotte Tomlinson—the
fault was mine—the girl was willing% but I was not." Witness
went on the Wednesday by the packet from Boston to Lincoln,
and delivered.up.his prisoner. The letters Were given to a ma-.
gistrate, and by him opened' and read.
Charles Copping, constable, • assisted in taking -prisoner to
Lincoln. In their way from palding to Boston, the prisoner
said, " The gentlemen of the inquest sat a long while over the
. body ;" witness sad, " they had, and he thought. they. had'
taken great pains':" prisoner observed, if I had spoken one.
word, -I could have made her appear as bad its myself ; ' witness
asked who he meant; he replied, " Charlotte Tombnson." fri-,
saner also observed, that " his cloek had strucketwerity-right
instead of twelve, " witness said, " James, was ttiat when 3'o
:4
were doing the horrid deed ?" Priionef •-‘'ret aid'
say so; but I'll say no more—l'll pay the debt for ha.- —Ur:
was very much agitated on the whole tourney.
• The following is the letter written,at Spalding—. .
" March 26, 180.
" Dear Charlotte--I.for the love of you a desOlate death nit:
go through. I hope you will have a good christian heart in
you for to come up this afternoon, my dee,, and let'ine bid
you adieu. Love, don't feel. yourself unhappy, I pay the, debt
for you. Come up to-day, love, for I sure to be put to death-
-0 ! Charlotte, what must I go through.
" JAMES C.AWTHORNE."
" For Charlotte Tomlinson, Whaplode, Lincolnshire:",
The•following is the letter written at Boston :
Mareh
" Dear Charlotte--I the love for you a dismal death must go
thMngh. I 'alWays thought you my best fiiend, but now, tow'',
you proved my violent foe; but, Charlotte, you really ay ,
bosom friend ; you have gotten my heart with you, Love, Pir
I have left it with you. I would not put the real thing in,
Love, for I did not know who would open it. You know wt'
has been done between us, Love, but I never will rliscoee
but, Love, I really must see you, my dear, before I can (iL6
happy—l must see you, Love, really. I shall always be. I,'
trouble and torment, so pray, Charlotte, come and let nie ee.se
my mind before I die. Love, come to Lincoln, by some means
or another, as soon as you can. The turnkey will let voil
me ; 'so, Love, be sure come, for I, must see you beiVre r vtE
happy. I want to ease my mind; ,so adieu, ailieu,-MV
friend. Die I muste Love, but let me see you first, LoYe
I can die happy.. 0 ! Charlotte, our last meethoe—l harel
you my heart, Love. " JAMES CANIP.NIORN
" For Charlotte Tomlinson, Whaplode, Lincolnshire."
The prisoner, in his defence, declared he was not guilt a "nJ
that the two constables had persuaded him to write t.
letters. The constables, being recalled by•the Judge,-Po•-'
swore that no persuasion, suggestion, orintreaty of any rte
ae
was used : but that the writing was quite voluntary, FA ,
he had expressed a desire to write.

Mr. Justice PARK inadaiitiQnous charge to the .1111 *-,:t
The only question for them to decide was,' whether the dece-3!c
_came to, her death by poison, and whether the t poison 'v9`ministered by the prisoner, ie Learned Coims2lfor the prle7;
tiou hiving abandoned the aaree of strangling''cenitained t"-
second count. The Jury would dismiss from their conside.Ts
tion the evidence respecting the declarations of the deceased, fa
it was not positively proved that they had been inieleUnder.,_t
awful impression of speedily dying. The _ firsj.-questiontil.%
had to determine was, whether the death of thin deceasett
occasioned by poison ; ant this -,dirt rested th
the respectable Surgeons veho had been (Ailed, the illWs-7
Gentlemen who had displayed considerable skill and jtn.lo.l.
in their profession. If, on their evidence, the-Jury wtero
fled of the cause of her death, they would next. consider
administered such poison-, and on this point, 'Oh:, clecleiv".f
of the deceased being inadmissible), the various expressick" ~;$
the prisoner when in custody of the constable were it:reorient,
well as the-two letters -written by him to Charlotte oraliTr
'in which he evinced a consciousness of having committed
clime for which he deserved death. It, was a very singuhr
cumstance that the prisoner should have revested the Atag
trate would read these letters, which on a first view Made
Strongly against him ' • and the • only reason. that could
posed to have actuated bias to therequest, was the wish
pressed that the Magistrate would coMpel Charlotte.l7crlinse
to come to see him.
'llll
This cage, like all other cases of murder, and of pei!ieenn•
particular, was supported by circumstantial evidence oily'
Lordship then recapitulated' that evidence, and hinires='
the Jury the awful importance of the duty-they had to•Pcri°",e
He called upon them, if they had the least daubtin
to acquit the prisoner • but, if, upon deliberate and seriouaa:e?',
sideration of the evidence the should fit'cei've in these t!,,-`e
cumstances the finger of 'God pointing. at the prisoner pR
murderer of his wife as plainly as if they' had seen the e
re
committed with their mortal eyes, then they would. tIW-1)?
their duty and their oaths,_ .and convict fle 'prisoner.
retiring for a few minutes, the Jury returned a verdict 4(311",
Mr. JUSTICE PARK then, in.a most impressive and effecl-b'`:j
manner, passed sentence' of death on the Primer. 11- e.
been convicted, after a full. and setiefactory trial;bf qi,
der, and that of a most aggravated nature—the murder-of ea
wife, of the mother of his child, of her who ovelit to have been
most dear to him, whose life should have .teen his recl,sae
care, and whom at the altar of - his Con he hid sworn to, ft-jil,
and cherish.- He had been drawn into :the ctimnussion et thee
dreadful crime by a wicked and guilty pAssien for .3' the
woman, and had pronounced. judgment against hiniself .ity
letters which he had written to het. Be - also gle.
of a wicked mockery, in regularly attending at church,
in
ing to appear.at the altar cif GOD, with these wicked,actionl3t
' his life and passions in .hiS heart. The'sCiipttire.Sdeclaied2Pee
" the-earth could only be cleansed from the blood-that 1014(
shed, by the blood of the shedder." " You have answered
your crime," said his Lordship, " at an earthly tribunal
you must shortly answer for it at the tribunal ofyour G°
He made these observations that the prisoner migtit not:eeeof
any " flattering unction to his soul." .He made then; re'
Christian feeling,- to induce him to an irnme,..iiate and 4Q pyrite
pentance, to apply with au earnest' contrition Ter: eel('
whom is " plenteous redemption ;" and that ne Too'
it his Lordship most sincerely prayed. He .aincluded b y.ippo
ing the prisoner for exectition'on Thursday.(this day), l $
to be afterwards delivered-for dissection. •
The address of the Judge-made a great .ienpressien.ll;
very crowded Court, Many' being affected tO tears ati,:tiCy,
Lordship himself was so overpowered . by hi§ 9.0
was obliged to pause before he could finis:hr.
prisoner, however, remained wholly uttereavc

ced ':ore this day, at the Castle,
hearing DivineY
The above Assizes co RlcriAßl9o,ll
before Chief JNll:inceNSDri.etril.L:AsTencan:gsx::rite'r;"iiGere.: I.
who arrived the preceding' rani
and entered the city, ---...,-17.---.-inmen
Arelptearired to the Castle. Chief l'isti(°
sl.cenlas.:.--
amied by. the High sheriff D,..*tscteir
The calendar contains the names of sissy prisoners; the grate.;
part are charged with Vital offenct.T., and many cases P4)ssje
considerablecathedrt
I, ien t
Judges
gt.es
0
DALLAs presided in the Crown Court and iv - B;c14"
Aunsosvon the Civil side, where ' t,lr. Justice , , en"
t..red fcr trial. ... a number of causes 'tr-
.

MAIDSTONE, Aug. 14.
I,f
The Summer Assizes for this county commenced here ,Alriiee
before Mr. Baron WOOD on the Civil Side, anti Mr• , to
BunnouGri on the Crown Side. The business in both
is inconsiderable,' compared with any :'issues during the 13't-
--
er'seven -Years. In the. Gaol Calendar there are 8;i cocor
ments,and in the cause paper there are 21 cases .entero:l-
trial, of which four are Special Juries. In the, Crown "
to-day there was nothing of general interest.

,„ot
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7.1
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