The Sun. — 1821-08-16 (London, England)

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 aforethought, 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 swallow 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 Counsel for the prosecution was bound to make his selection of the count on which he would proceed, 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  -- 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 husband 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. Witness 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 Whaplode, 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 morning, after which time the witness never saw her alive. On this occasion the deceased said, " her husband was so-one to Holbeach 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.