The Sun.
London, England, 1827-09-14 00:00:00

MURDER.

Mary Witienback,4;i7i, stood indicted for
the wilful murder of her husband, Frederick Witten-
back, on the 21st July, by administering arsenic to
dam m a pudding.
Mr. ADOLPHUS appeared for the prosecution. He
demanded merely a fair consideration of the case;
the prisoner had been the wife of the deceased for
about twenty years, by whom she had had three or
four children, one of whom was now about 19 years
of age, and all were comfortably provided for, though
the deceased had been a labouring man. On Sa-
turday the 21st, the deceased went to his home to
every person apparently in good health at about
noon ; soon afterwards he became ill after having
partaken of some pudding, avid died the same night.
The prisoner had also partaken of it but she was re-
covered.

Amelia Davis.—l am the wife of James Davis, a
scale-maker, No. 26, Brill-place, Kentish-town ; I
knew the deceased and the prisoner; they lived to-
gether in my. house; they were husband and wife;
they had three daughters, two married and one
worked out the house ; I remember on Saturday
the 21st July, the deceased coming home to dinner
at ten minutes past twelve ; he appeared then jn per-
fect good health ;at about half-past twelve the pri-
soner came to me and brought a piece of pudding
on her plate, she said Wittenback was very ill ; she
said he thought he was poisoned ; she asked me if
I thought there was any thing in it. I then went
down stairs, and when I came up again, I entreated
her to go down to her husband. The prisoner said
she could not, for she was as bad as he was. I said
I thought you said you did not eat of it ; she said
she had eat of it, while I bad been down stairs. I
said—what, eat it, when you said your husband was
poisoned ! She then said, I was a liar. She said
she had never said she had poisoned him at all. I
asked her to go down stairs; she went and then she
came up again. I saw the deceased at this time
---- coming up stairs. He appeared to be very bad in-
deed ; he could scarcely crawl up stairs. The pri-
soner was present, and could hear very plainly what
passed. I said, 0 " Mr. Wittenback, what's the
matter ?" The husband was nearest to me, though
the prisoner was present; the house is very small.
The prisoner was sitting on a chair near to the door
in her own room, and that door was close to me.
—She was about two yards from me. I was on the
landing, and he was coming up the stairs ; there are
but very few steps. He said, " 0 Mrs. Davis, lam
very bad, I think I am poisoned ;" he thought he was
cone 7or. w4s all that passed then. I saw
the prisoner several times after that. I saw her di-
rectly he was put into bed. When he came up stairs
he went to bed. I saw the prisoner first after
this still sitting on a chair near her room; the room
in which the prisoner was in bed. She said they were
very bad, that they were both poisoned, and she lay
down in bed. I saw him afterwards trying to get
out of bed to go down stairs. My husband went
for Mr. Jackson, and I believe an assistant of Mr.
J.'s came with my husband, and who administered
an emetic. My husband asked Mr. Wittenback if
he should go for a doctor, when he was down stairs
vomiting, and he said be did not care if he did. I
saw the deceased again at about a quarter before
four o'clock. Tie requested me to rub his legs,
which were in great pain. Mrs. Saunders and
his youngest daughter were present then. Char-
lotte, the daughter, went for Mr. Dillon. I bad
proposed fetching Mr. Walford, but the prisoner
objected to that, because of his charges being high.
I said I had no doubt but her father would pay him
if he got better. He was not sent for. Charlotte
went and brought two gentlemen. I was not in
the room again till about seven o'clock in the even-
ing. He was then taking some pills. I believe the
deceased and the prisoner did not live exactly on
very good terms. At the time the prisoner brought
in the pudding to me, she said it was a suet one.
I asked where she bought the flour, and she told me
at Smith's. _ _ _

Cross-examined by Mr. CLARKSON---I know
Smith, of whom the prisoner said she bought the
flour, by seeing his". I don't think Dr. Dillon is
here. Mr. Jackson was not here when I was
outside of the Court. At a quarter past one
Mr. Jackson was ,first sent for. The size of the
pudding she brought to me was about half the
size of my hand. My husband was at home at the
time, but he was not so near to me when I first saw
the deceased ill, as to hear what passed ; he was in
the workshop of Mr. Saunders. Mr. Saunders is
the person who keeps the house. Mrs. Saunders
was present and assisted the deceased up stairs.—
I told Mrs. Saunders what passed between the pri-
soner and myself as soon as the deceased was put to
bed. I did not see any alarm manifested by the pri-
soner when she came up to mc. I mean to swear
that she appeared to be in no state of alarm. More
than five minutes did not elapse from the prisoner's
first coming to me, and then producing a piece of
puddiag. I never saw the deceased vomiting in the
yard, but heard him. I did not dine with the pri-
soner and the deceased that day. I was alarmed
when I first heard of what had happened. I was
confused very much, and very much frightened
when I first heard it. The prisoner did not appear
to be labouring under the effects of the poison, more
than what she said when she came up. She was
spitting in the tub, and complained of sickness. I
saw a little froth come out of her *mall. There
are two rooms on the floor on which the deceased's
bed-room was. The staircase parts them. There
is a pailing or partition that divides my room from
the prisoner's. At the time I was speaking to the
deceased on the stairs, the prisoner was sitting in
her room with the chamber utensil on her lap, and
saying she was very bad; she was in this state all
to her husband on the stairs.
the time I was speaking
She appeared then to be labouring under the effects
of the poison, and said she was ill. My husband is
here to-day. I believe the prisoner's youngest
daughter is not here.
I livedc
ilDavis--I am the husband of the last witness.
the house with the deceased. He was
always called either James or Jem. I don't know
whether he had any other Christian name. I did
net see him on the morning of Saturday. When
he was first in the yard I saw him retching. I said
to him he appeared very bad. I asked him if I
!night go for a docter, and he said I might if I liked.
I Went for Mr. Jackson, and a young man returned
with me ; we found the deceased lying on the bed.
4 administered an emetic which operated. I buried
whet Came off his stomach in the yard, but before I

I did that I taw a cat in the yard eat of it; this WU
before the emetic had been administered. I buried
it before I went to the doctor. After I administered
the emetic I went away and returned at 7 o'clock.
When I got home there was a gentleman' there ap-
plying the stomach pump. I spoke to the deceased
almost immediately after the application of the
stomach pump, and he appeared much the same as
when I had left him—very bad indeed. The medi-
cal gentleman left me a box of pills, to give him a
part of occasionally. The deceased told me his
head felt just as if he had been intoxicated. He
died about 3 o'clock on Sunday morning. I know
nothing further as to his name than that he was
always called Jem.
Hannah Saunders—l keep the house in which the
prisoner and the deceased lived. His name was
Frederick Wittenback. They lived with me for
about five months. I saw the deceased at about
half-past twelve on the Saturday. I saw him again
at about a quarter past one ; he was then retching
very violently in the yard. I asked him what was
the matter ? He said he was very ill from eating
pudding. I asked him if he had been eating any
thing before he came home ? He said no, he had
never felt better in his life than he had done that
morning. I asked him if he would have assistance
sent for, and he said he would. Mr. Davis went for
assistance ; an emetic was sent to him ; the pri-
soner was asked to make it, but she said she could
not, for she was as ill as him. I know they had
pudding for dinner. I saw it smoking hot, and
taken out of the saucepan, and put upon a plate. I
know nothing of how the pudding was made. The
prisoner's daughter had been at home in the morning.
The prisoner came into my room, and asked me, about
ten or eleven, to borrow a wash-tub; she talked
about where she had been to work during the week,
that her husband expected lOs. that night, and she
wished he might get it; she added her girl was at
home, altering her spencer, to go out the following
day with her father, but that she little knew of what
she (the prisoner) had in her hand. The prisoner
and the deceased always appeared to live very quietly
in my house ; I never heard an unpleasant word pass
between them.

Cross-examined---I never knew that the de-
ceased's name was not Frederick. I know he used
to he called " Jem" by the workmen. He had
worked a long time with one master. At the
Coroner's Inquest, the deceased's daughter said her
father's name was Frederick. I observed then
that I thought it was James; she said no, it was
Frederick.

Charlotte Wittenback, a very pretty little girl,
apparently about 16 years old—My father's name
was Frederick. I was at home when he died. I
left the house on the Saturday at eleven o'clock. I
had no hand in making the pudding whatever.
There was nobody at home in the forenoon but my
mother and myself.—(The prisoner seemed much
agitated—who had previously been accommodated
with a seat in the dock—when her daughter passed
her.) _

Mrs. Saunders was recalled, and asked how many
rooms there were in the house, by a Juror.—lt con-
tained four; there was no kitchen common to all the
lodgers. The deceased and his wife rented one
room.

Henry P. Jackson, assistant to Mr. Jackson, sur-
geon, Brewer-street, was sent for to see the deceased.
Ile went to see him, and found him labouring under
a great deal of pain in the stomach. He sent him
an emetic, but knew nothing more.
Charles Wm. Wright, house-surgeon to St. Pan-
cras Workhouse, saw the deceased on the Saturday
evening ; found him complaining of great pain, and a
twisting about the navel. It appeared to me (con-
tinued the witness) that he had taken poison. I
saw him again on the same evening, when I applied
the stomach pump, but without any good effect. I
saw him on the next morning dead. I examined
him, but could not say what sort of poison he had
taken; from the symptoms generally, I considered
he had died from the effects of poison.
Cross-examined.—l have been in the profession
for ten years. It is probable that if I had seen the
deceased earlier on Saturday, he might have been
saved. When I first saw him, the prisoner exhi-
bited symptoms of poison also. In my judgment, if
the stomach pump had not been applied to the wo-
man she must have died also.

By the BENCH.---I could not find any trace of
arsenic, or of any sort of poison, in the stomach. I
endeavoured to obtain a part of that which had
been voided from the stomach of the deceased, but
could not. There could be no doubt but that
if death was occasioned by arsenic, the poison
must have been detected in that which was .voided
from the stomach. The stomach had been so
completely emptied before I examined the stomach
that I could not detect poison there; and it is possible
this might have happened though arsenic had been
taken on Saturday at noon. Paralysis in the legs
and blindness would result from taking poison.
Finding no trace of poison in the stomach, I cannot
swear that he died from taking poison. From all I
saw on my examination I believe he did die of poison.
By a Juror.—Had the stomach been disordered
from some natural cause, the symptoms I have de-
scribed might have been produced by taking a powerful
emetic. There are emetics that will produce inflamma-
tion of the stomach,and particularly should inflamma-
tion exist before, it would be increased. In some con-
stitutions three grains •of tartar emetic would pro-
duce the inflammation ; I understand four grains
were given, together with 16 grains of ipecacuhana ;
the specific effect of mineral posion is to produce in-
flammation, heat and pain in the stomach, and
throughout the alimentary tube. There is no rea-
son why the emetic should not have produced the
inflammation, particularly in the stomach of a hard
working and drinking man, the coats of which are
more scirrhous than those of other stomachs; the
dose of emetic the deceased got was a large dose.
Mr. Dillon, out-door surgeon of St. Pancras work-
house—Between one and two o'clock on Sunday
morning I was called to attend the prisoner and her
husband. At that time the man was in a dying
state ; he was vomiting, the pupils of his eyes were
dilated, and his extremities were very cold. I re-
mained with him till about half-past two o'clock.
From his appearance then my opinion was that he was
dying from the effects of mineral poison. I examined
the woman, and found it necessary to remove her on the
Sunday afternoon to the infirmary; the symptoms
under which she laboured were similar to what the
deceased was labouring under twelve hours before.
She did not tell me how she had_ become ill. I con-
sidered her life in imminent danger. I informed
her of my opinion of her state ; she said she would
rather die than recover. I begged her to tell me if
she had taken any poison, as it would facilitate the
means of cure. She denied that she had taken any.
My opinion is that she would have died if powerful
means had not been used to save her.
Cross-examined—When I saw the woman at two
o'clock on Sunday afternoon, I was aware that the
stomach-pump had been used : I do not think the
pump a violent remedy to have recourse to
in experienced hands. The emetic given to
deceased is considered by medical men as a
strong dose ; it is often prescribed ; it is stronger
than is used in general except in cases arising from
natural causes. In some cases the dose exhi-
bited might produce inflammation in the sto-
mach, but in the majority it would not.—
Whether the immediate subsequent use of the pump
would produce inflammation would depend on the
Previous state of the stomach, and the manner in
which the pump was used. I have not had much
experience with the pump myself.
By Mr. AHOLPHES.—In the state in which the
deceased was when the emetic was administered, the
dose was by no means too powerful.
Verdi cGuilty—
Monday. Ordered for executionon

NEW .
(Before the CommCOURTon SERGEANT. )
NEW SPECIES OF LARCENY UNDER MR. flues ACT.
Henry Barrel was indicted for stealing a stove
from an uninhabited house belonging to Mr. Sabine,
in Euston-crescent, Euston-square. By Mr. peel's
New Act the offence of tteging EAtitres, which

wire previously considered part of the freehold, Wag
made a larceny.
The prisoner was proved to have visited tile
house for the ostensible purpose of hiring it, and to
have subsequently entered it with a latch-key,. and
carried away the stove. In repeating his visit, ap-
parently for the same purpose, he was apprehended.
The Jury found the prisoner Guilty.

MIDDLESEX SESSIONS--(TINS DAY)

The Court was occupied all the morning by
assault cases of no public interest.

THE MARKETS.-(THIS DAY.)

CORN EXCHANGE•

The arrivals of all descriptions of Grain this week are
small, and the demand this day appears to be limited for
most kinds of Corn, but the prices of Oats and Beans are
rather higher than on Monday, while Wheat, Barley, and
Pease remain unalte►ed from the quotations of that day.
In Flour no variation.

ARRIVALS.
Wheat. 1 Barley.
3,450 qr 6. SOO qrs.

Oats. Flour.
80 qrs. 2,700$ cks.

English
Irish

2,900

Foreign

GENERAL AVERAGE PRICE OF BRITISH CORN
For the Week ended Sept. 7, 1527, made up from the Returns
of the Inspectors in the different Cities and Towns in England
and Wales, per Imperial Quarter.
Wheat-535. Ad. Oats 235. Ad. I Beans-- 495. 4d,
8ar1ey.,.~.,., 335. -sd. Rye 355. 114.1 435. 2d.

• _
Per Winchester Quarter.
Wheat.-- 565. 11d. Oats 255. Od. 475. 10d
Barley-325. I
325. sd. I Rye 345. 10cL Pease-- 41s. 10d
IMPERIAL AGGREGATE AVERAGLS of the SIR WEEKI PRECEDING
Wheat-- 395. Bd.-- I I Oats .......«.265. 10d. 8ean5.,.....-50s. 3d
Barley 365. 4d. Rye -38 s. ed. Pease --435. 4d

PUBLIC SALES.-(THIS DAY.)

BY kIR. SHUTTLEWORTH, AT THE MART.

A lolicy, No. 29,849, for the sum of 2,000/.,
with ecumulations, amounting to about 600/., ef-
fectedwith the Equitable Office, August, 1815, on
the lit of a gentleman now 48, annual premium
61/. 6t—knocked down at 865/.

A ttto, No. 30,598, for 1,0001., in the same
Office,with about 275/. accumulations, effected in
Septeiber, 1816, on the above-mentioned gentle-
man, anual'premium 311. Bs. 6t1.-110/.
A dr.to, No. 1,330, for 2,000/., in the same Of-
fice, of the same life, effected October, 1819, an-
imal imam 691. 165.-230/.