The Sun.
London, England, 1845-08-11 00:00:00

ASSIZE INTELLIGENCE.
NORTHERN ClRCUlT.—Carlis'e, Au]. 7.
( Before Mr. Baron ROLFE. )
CHARGE OF POISONING AT KIREANDREWS.--JOhn Gra-
ham (aged 44) was placed at the bar on the charge of having,
in November last, wilfully caused the death of his wife by ad-
ministering to her arsenic mixed in some panada, or bread and
milk.

Mr. Temple stated the case to the jury.
Richard Hind, examined by Mr. Laurie, stated that he was
brother of deceased, who lived at Kirkandrews. She died on
the 27th of November last, and was interred in Kirkandrews
hurchyard. It is three miles from Carlisle. The body was
taken up in June last.
Thomas Elliot, surgeon, cf Carlisle, made the post-mortem
examination of the body. Mr. Eliot stated particularly the
appearance of the body, and his evidence left no doubt that de-
ceased died of the poison as supposed, and that in it there was
a large quantity of arsenic when exhumed.
Mary Hind said I am the sister of Margaret Graham, and
remember her death. She died on Wednesday, the 27th of
November, at seven o'clock in the evening. She had been in
good health before that, for a few months, but not very well
for a few weeks before. I saw her on the Sunday morning
before her death, and she said she was much better. 'I saw
her that day in John Graham's, her own house. She came
up to our house that morning, and stayed about an hour. I
live with my father in the same village, Kirkandrews-upon-
Eden. I saw her next after that on Monday morning, about
nine o'clock, I think. She was then very ill in bed, and
said she had been very ill all night. She complained of a
very great heat and pain in her breast. She was purged,
and vomited. 1 remained with her that morning till
past eleven o'clock. John Graham was at home during
that time, sometimes in her bedroom, and sometimes walk-
ing about. Mrs. Graham was very thirsty, and asked me to
make her some whey. I got both the milk and ale for it, and
she drank it and vomited it up again. She asked me for some
gin-and-water, and John Graham gave her it I went home
and returned afterwards. He sent for the doctor at eight
o'clock. When I returned at two o'clock, Mr. Sewell,
surgeon, had come. Mrs. Graham was rather easier, and he
gave her something amongst brandy. I left about three
o'clock, and returned between five and six. I left her for the
night about eight o'clock. She was easier then. The purging
had abated, and the vomiting had ceased. I saw her next at
eight in the morning on the Tuesday. She was in bed.
Nobody was in the room with her when I first went in. She
had been easier through the night, and said she ha' had some
sleep. Her thirst still continued. I went home, and told my
father and mother how she was, and came back again. I re-
turned about nine o'clock. About ten o'clock John
Graham made her some sago. It is what is called
panada. John prepared it. He boiled it. I was in the
kitchen when it was on the fire, and remarked to him that
it was too thick. I was near him while it was on the fire.
When he took it off, he asked Betsy Robinson, his servant, if
it would do. I had my back to him then. His servant,
Robinson, is also called Elizabeth Graham. I was in the
kitchen. I was in the kitchen all the time it was boiling,
and do not knew what he put into it after he took it
off the fire. Ido not know what be might have put in
before I was in the kitchen. We gave it to Mrs.
Graham. I did not see her partake of it. I did not
see her take anything else that morning. About an hour
after she took it she was taken very ill—the same as
the day before, but much severer ; both vomiting
and purging worse. Her thirst was very great. She said
no one could tell what she suffered that day from pain and
burning heat in her stomach and chest. Cold sweat was
upon her brow, and her hands were very cold. She did not
see well that day, but made no complaint of her sight. She
complained much of pain in her head. Dr. Sewell and John
Graham's mother came after eleven o'clock. John Graham
was present. Dr. Sewell proposed to send for Dr. Oliver,
and Jobn Graham went himself for him about an hour after.
Dr. Oliver came about two o'clock, and lie had a consultation
with Dr. Sewell, who then left. Dr. Oliver gave her some-
thing amongst brandy, and she vomited it up again. He or-
dered her a mustard plaster for her breast and bowels.
John's mother and I applied it. In the evening we had her
up a little. She seemed very weak, and trembled all over.
After I got her put to bed again, about six o'clock, the pri-
soner said I and John's mother had to go, and he would lie
down beside her. We then went to a neighbour's house for a
little while. When we returned we saw her again. She was
easier, John still lying on the bed beside her. Benjamin
Mitchell the elder had gone to Carlisle to tell Dr. Oliver not
to come. He was one of Juhn's servants, and was sent by the
prisoner. He had sent him before we came. Dr. Oliver
came about ten in the evening, and John seemed very much
displeased. Dr. Oliver gave her something more amongst
brandy, and she vomited it up again. He ordered a little
panada for her. Betsy Robinson made it, and my sister took it.
It remained on her stomach while I was there, and I was there
for half an hour after she took it. Mrs. Cannell is a sister of
John Graham's. She called that night. Joseph told me so.
Dr. Oliver said that Mrs. Graham was to be strictly watched,
and was to have nourishment during the night. John Graham,
was present; it was proposed in his presence, that John Gra-
ham's servant, Elizabeth, and his father's servant, Mary
Beckton, should sit up with Mrs. Graham. John did not say
anything about this while Dr. Oliver was there ; but as soon
as he went away he refused; and my brother Joseph and he
got to high words about it. My brother Joseph wanted them
to sit up, and John would not let them. When John refused
he said he would wait on her himself as well as any woman they
could get. I went home about eleven o'clock, and returned
next morning (Wednesday) at eight o'clock. She was easier,
but much weaker. I did make some beef tea that morning and
gave her it. She was very low that day, and tcok no notice
of anything. She saw less, and did not hear so well. She
died about seven o'clock that evening.
Mr. Sewell, surgeon, of Bargh, attended Mrs. Graham
during her illness, and described the symptoms as similar to
those produced by an irritating poison.
Dr. Oliver, 111,D., was also sent for, and coincided with
Mr. Sewell respecting the symptoms. The witness was of
opinion that the arsenic was taken in repeated doses. He was
inclined to think, from the re-accession of the symptoms of
irritation under which he found her labouring on the Wednes-
day, that there had been a fresh dose given in the interval
between Tuesday night and Wednesday morning.
On cross-examination, Dr. Oliver stated that he had been
fetched to decea.ed by the prisoner.
Benjamin Mitchell (by Mr. TESIFLE)—I was the servant of
John Graham, at the time of Mrs. Graham's death. I had
lived with him about two years and a quarter. On the Sunday
before Mrs. Graham died I was at home in the evening,
betwixt seven and eight o'clock. Mrs. Graham had been
rather off health, but on that evening when I came home
she was as usual. My master was out. I went to bed before
he came home. I and Betty Robinson went to bed within
a few minutes of each other ' • she went first. I saw my
mistress, before I went to bed, put some milk into a pan,
and then some bread. Just as she was doing that I went to
bed. I sleep above the kitchen. I heard the prisoner come in
a few minutes after I went to bed. After he came in I heard
her say, " John, you've never any time to spare for my com-
pany, but all will work over." When I first went to Mr. Gra-
ham, he and his wife were on very good terms. Margaret
Rickerby was living there when I went. At first her conduct
and demeanour towards her mistress was very good, proper,
and respectful. She left her service before my mistress died,
at Martinmas, last year, and Betsy Robinson came in her
place. Before she left her conduct had changed. She fre-
quently absented herself from the house in the evening, and
upon occasions, when she was absent, John Graham has been
absent also. Upon those occasions I have heard his voice in
Mary Elliot's house, which is about fifty yards from our fold-
gate. I have heard his voice more than once in that house.
I have not seen her go into the house on those occasions
when I heard his voice. I told John Graham that people
were talking about his going there. The house was blamed
for clash—sometimes people call it backbiting. I have seen
alterations in the conduct of Rickerby to Mrs. Graham in the
prisoner's presence ; she has used language that did not
become a servant. Sometimes he did and sometimes he did
not reprove her for the language she used. When he reproved
her, he said, " hold your tongue ;" nothing more. I remember
one Sunday when he had a goose for dinner. Mrs. Graham
had been at church that morning, and Margaret Rickerby
remained at home. We all sat down to dinner, John Graham
with the rest. Mrs. Graham said to Rickerby, " Margaret,
I think you have pinched us of gravy—is there no more?"
Rickerby went and provided some more, and when she brough+
back—John Graham was then sitting at the table.

she set it down, and said, " D—n her, -that'll grease her
guts ;" and she told her mistress on the same day that she
had no more religion than an old sow. After this language
Mrs. Graham removed her plate from the table, and went
into another room, and had her dinner. She was very
nervous at the time, all of a shake. The words had
put her out of the way. John Graham remained and
finished his dinner with me, Margaret Rickerby, and another
servant, William Richardson, who left at Martinmas. Whilst
we were at table, Rickerby said to Mrs. Graham that she was
a laughing• stock to the whole village. Mrs. Graham was in
the other room then, but John Graham heard it. During the
dinner John Graham said, " Hold your tongue," and she said,
" No, I'll not hold my tongue, she is a laughing-stock to the
whole village." I told him she behaved very badly to her mis-
tress, and he said she had a very bad tongue. I remember
Carlisle races. When John Graham came home to supper
Rickerby came in, and John told her to get herself some sup-
per. She said she would never break her fast in the house again,
because the mistress had removed the things off the table. The
prisoner asked her what she meant by taking the things from
the table. Mrs. Graham said she had removed nothing—there
was nothing to remove but a pot. I went to bed, and did not
hear any more. I first observed this sort of conduct on the part
of Rickerby towards her mistress sometime before Midsum-
mer. During the autumn, and up to the time of my mistress's
death, the prisoner was absent sometimes in the evenings,
and Margaret Rickerby was absent also. Nine o'clock was
bed time. Sometimes they came home before and some-
times after nine. I have sometimes gone to bed and left
both out, but my mistress up. I saw Rickerby, after she
left my mistress, at Candlemas hiring. I saw John Graham
go across the street where she was standing and crack his
fingers (witness cracked his finger and thumb). She crossed
over to him, and they went together into Lowther-street. Up
to the autumn Rickerby's conduct had always been very good
to her mistress.
Richard James—l am a physician in Carlisle. John Gra-
ham came to me a little after. four o'clock on the morning
of the 3d of June. I was in bed, and he called me up.
He asked me if his wife was going to be taken up that day,
and I said I did not know anything about it. I said if it had
been the case, it was most likely I should have known. He
said if it was the case that she was taken up, he would be
obliged to leave the place. He also said he had never done
injury to any person in his life. I replied I was very sorry
for him. He requested me not to mention to any one that he
had called me up. I said it was quite impossible to keep it
secret. It was broad daylight, and there were several per-
sons in the street.
John Sabbage, examined by Mr. RAMSIIAY—I am super-
intendent of Carlisle police. I saw the prisoner on Thursday,
the sth of June, about 200 yards on this side of his own
house, at Kirkandrews. He asked me if it was true that they
were going to lift his wife. I told him it was; that I was just
going over to arrange about it the next day. He said, could
they not see Mr. Carrick, and get the opinion of the doctors
without lifting her, for if they did he could not stand it ? I told
him I thought that would be no use now. He said, "If they
do find poison, I did not do it." I saw him returning, and the
same conversation was repeated. On the 9th, the Wednes-
day, about half-past three in the morning, I went to apprehend
him. Ile said, " You are come to take me ?" I told him I
had a warrant for him, and assisted to dress him. I read the
warrant to him in the yard. .
George Tinniswood, M.D.—I am a physician, p g
ractt
its Carlisle. I remember receiving from Sabbage, on the
28th of last June, a parcel purporting to contain the contents
of some pockets. They consisted of some crumbs of bread
wax, and a little woolly
and
matter,che e sseu,c
such as
eispfioeuenesdoi f se
n thaleingcorner of a pocket. There
was mixed amongst it a ehrystalline substance like fine sand.
I kept the parcel till Monday, the 30th, when it was analysed
by me in conjunction with Mr. Elliot, Dr. James, and Dr.
Cartnell. We found that it contained arsenic, by the same
experiments as were described by Mr. Elliot. It wai the
oxide of arsenic, the arsenic of csanmerce. I received, on
the 14th of last month, a waistcoat from Sabbage. Arsenic
was found in each pocket. I heard Dr. Oliver's evidence.
Judging from the symptoms described by him, and the morbid
disease found on dissection, I am of opinion that the arsenic
bad been taken in repeated doses.
After much other evidence,
Mr. WILKINS addressed the jury for the prisoner, contend-
ing that if ever there was a case in which the facts were dis-
proportioned to the rumours, it was the case that had been de-
tailed that day. There WAS hardly 4 shadow of evidence to