Lewis Hussar , of the Parish of St. Leonard Shoreditch , Labourer , was try'd upon the Appeal of Solomon Rondeau , Brother and Heir of the Deceased, for the Murder of Ann Hussar , his Wife , by cutting her Throat with a Razor , the 26th of February last.
After some considerable Debate: concerning some Preliminaries between the Counsel for the Appellant and Appellee, they agreed to join Issue upon the Prisoner's Plea, which contain'd some Matters in Bar, and others in Abatement.
The Matters contained in the Defendant's Plan, were as follows:
1. That there was another Appeal (besides that to which he now pleaded) yet depending and undetermin'd.
2. A Misnomer, that his Name was not Lewis, but Loui.
3. That the Addition of Labourer was not right, for that he was a Barber Chirurgeon , and not a Labourer.
6. That he was not guilty of the Fact charged in the Said Appeal.
The Defendant failed in the Proof of his Plea: For it appeared, as to the First, by the Records of the Court, that the former Appeal was quash'd, and so not depending, as the Defendant had pleaded.
To the Second, It was prov'd by the Prisoner's own Hand-writing, that he had used to write his Name Lewis, as set forth in the Appeal. And further it appeared by the Records of the Court, that he had owned that Name, and had before pleaded, in two former Indictments, the same for Murder, and the other for Bigamy. And besides that he had usually answered to that Name.
Thirdly, That as to the additional Title of Labourer, he had also pleaded to that Title or Addition, in two former Indictments. To this the Prisoner call'd two Evidences, the one of which depos'd, That he work'd as a Journey-man or Servant, to our Mr. Fradden, and did not carry on the Trade as a Master. The other depos'd, That he was bound Apprentice to him not long before last Christmas: By which is appear'd he was now no other than a Servant and Labourer.
Fourthly, As to that Article, That there were no such Persons in natura return, or now existing, as John Doe and Richard Roe, one Evidence depos'd in Court, That there were two such Persons now existing, and living in Middlesex, the one a Weaver, the other a Soldier.
Fifthly, To the fifth Issue, That Solomon Rondeau was not the true Appellant. Mrs. Rondean depos'd, That she had no Children but Salomon Rondean , and Ann Rondeau , whom the prisoner had murdered; And that Henry was but a Half Brother to the Deceased, he being by another Venter; and that Solomon was Brother and Heir of the Deceased.
Sixthly, As to the Plea, That the Appelles was not guilty of the Fact. To prove him guilty the following Evidences were produced.
James Ainsworth, or Hensworth , depos'd, That he was thirteen Years of Age, last Michaelmas; and that last Winter, the Night that Ann Hussar was murdered, about or between seven or eight of the Clock, as he was standing near the End of Swan Alley in Shoreditch, the Prisoner came to him, and asked him, If he would go of an Errand? That he reply'd,
Daniel Grenoe deposed, That when the Boy went to see the Prisoner in Newgate, he was led up by Mr. Reuse and another Man; and, that he would not let any Body go up that knew the Prisoner, that they might not give him the least hint; and, that there were 7 or 8 Persons in the Room. That the Boy, immediately upon seeing him, said, This is the Man. That the Prisoner said, Child, What do you mean? You don't know me. That he answered, you gave me a Penny to go to Swan Alley, and when I came out you were doing your Needs. That the Prisoner said, If I had known of your coming I would have been provided for you.
Martha Bread and Wine deposed, That that Night the Murther was committed, as she was going for a Pail of Water, she saw a man between 7 and 8 Clock; and also a Boy, and that the Boy stood looking in the Man's Face, as if he was speaking to him. That this was about 6 Doors from the House of Mrs. Rondeau. That the Man was for Person and Stature exactly like the Prisoner; and the Boy of the same Stature. She confirm'd the former Evidence, that the Man had a whitish Coat on; and, that she saw the Boy go down into Mrs. Rondeau's House.
Martha Rhubarb deposed, That she dwelling in Swan Yard, saw a Man walking to and fro about the Door Where she dwelt, to the best of her Knowledge about eight a Clock at Night: That she went in and came out again, and saw the same man standing between two Posts, over against the House where she dwelt, and afterwards saw him speaking to the Boy, saying, Which Way is she gone? and the Boy made Answer, towards Shoreditch: And he had on a two-tail'd Wig, a whitish Coat, and his Hat slapped over his Face. That the Man was of the same Stature, and Person with the Prisoner; and the Boy of the same Size or Stature with James Ainsworth, the first Evidence.
Margaret Pinet deposed, She also saw a Man in Swan Yard that Night, which ask'd her what it was a Clock, and what Country Woman she was; and was sure the Prisoner was the same man, and she knew him again in Newgate, and particularly by his Voice and his Clothes.
Mrs. Rondeau deposed, That the Boy, the first Evidence, came to her, and told her a Gentleman wanted to speak with her at the Black Dog Alehouse, and it was the very Boy that stood by her in Court. That she went to the Black Dog in Shoreditch, and found no Person there that wanted to speak with her. That when she went out, she left her Daughter, Ann Rondeau , winding Silk by the Fire-side, and the Door on the Latch; and when she return'd, found the Door open, and her Daughter's Throat cut to the very Neck-bone. Being ask'd as to the Prisoner's former Behaviour to his Wife, she answered, It was very bad, he had ruined her twice; and having been arrested, he ran away to Holland, and left her to shift for her self; and when he came back, pretending he had taken a House, he got her Goods in a Cart, and bidding her go one Way, while he want another, pretending to meet her, in Order to go and live together, he carried away the Goods, and sold them, and never came near her for a long Time afterwards. That he had given her Poison (as for believes) twice, which both Times caused her to vomit; the first Time but little, telling her, It was Marlborough Stone; but the second Time he gave her something be called Conserve of Roses, which she taking about six a Clock in the Evening, set her a writing for three Hours in the most violent Manner. That after the Vomiting was over, she lay motionless and sensless, so that she thought she had been dead, for several Hours after it, and that she was always complaining after that. Being asked concerning her Daughter's Wound in the Throat, if it was haggled, or seem'd to be done with a Sharp Instrument? She reply'd, It was but one Cut, and as if done with a sharp Instrument.
Mrs. Walbridge depos'd, that the Prisoner had a Room in her House in Swan-Alley in Coleman-street, that he came to her House as near as she could guess between 7 and 8 a Clock at Night, and desir'd a Candle, and went up Stairs to his Room, and having dress'd himself came down in about a Quarter of an Hour, and when he came down, he had on a whitish Coat under a great Coat, and also a Sword and Cane, and that the great Coat was never heard of afterwards.
That after he was taken up he sent to her, and she fetch'd a Man to him, he being then in the condemned Hold; and he sent them to pawn a Suit of Clothes, which they did, and gave him 2 Guineas, one of which she changed into Silver; and that when the Man was gone, he desir'd her not to say that he was at her House the Night the Fact was committed. That she went to him another Time, and said to him, Mr. Hussar, I wish you had been sick in your Bed when this happened, because it has caus'd so much Trouble to you, and every Body. That he reply'd, he was not sorry for it; for if it had not happened now, it would have happened at another Time. And this was after he had had his first Trial.
Mary Hill depos'd, that she liv'd with the former Evidence, and deposed to the same Purpose; adding; that both the under Coat and great Coat were whitish; that as she thinks he came there between 6 and 7, and staid there about a Quarter of an Hour.
Claudius Praddin depos'd, that the Prisoner, some considerable Time before the Murther was committed, ask'd leave of him to let him have the Use of his Shop, to make a Whig or two in, which he gave him; and in the way of Discourse, he asked him how he could give himself those Airs as he did, in pretending to court young Women, when he had a Wife already. That he reply'd, she signified nothing. That if he found one he lik'd be could prosecute her, and she could be burnt for her Religion, for she was a Socinian, and it was no more Sin to kill her, than to kill a Dog.
Mrs. Sprags depos'd, she dwelt in Bishopsgate street near the Work-house, and that Elizabeth Hern his present Wife, being her Acquaintance, came to pay her a Visit the Night the Murther was committed, and her Apprentice came with her, and that after they had been there sometime and supp'd, she having given the Apprentice a Plate of Victuals, he had just eaten it up, when the Prisoner came to her House. That it was then betwixt 8 and 9 a Clock, by this Token, that the Maid came and ask'd her, if she might not shut up the Shop, for her Neighbour had, and it was past 8 a Clock. That as the Prisoner was sitting musing and melancholy, she took notice of it, and said to him, You seem to be uneasy; and that soon after, he catched up his Cane which stood by him, and started up in a sort of Surprize, which was so visible, that she desir'd to know the Reason of it. To which he reply'd, he was much Surpris'd, left Mr. Sprags her Husband should come in, and see him in that Pickle. To which she made answer, he was very well; And told the Court that he then was dress'd as well, and she thought better, than when she had seen him before.
Charles Cotterel depos'd, that he having some Acquaintance with the Prisoner, they having been Neighbours, went to see him in Newgate: He sent for him by a Porter twice, about 3 Sessions ago, and treated with him concerning being an Evidence for him, and desired him to swear that he was drinking with him in an Alehouse in Newgate-street, at the Time when the Murther was committed. That the Prisoner owned to him, that he had given a Boy a Penny to call her Mother out, and had indeed given her a Touch with his Razor, not thinking of killing her. And that he sent to him another time, and then promised him, if he would be an Evidence for him as before proposed, he would give him a new Suit of Clothes, a new Shirt, and 20 Guineas, and that this was the Day before the Sessions began. That he objecting against doing it, the Prisoner reply'd, there was no more Harm in taking a false Oath, than in common Cursing and Swearing.
This being the Sum of the Evidence for the King, the Prisoner in his Defence call'd the following Evidences.
Edward Satchwel depos'd, that he met the Prisoner about half an Hour after 6 a Clock the Evening that the Murther was commited, and said he was going to Grey Friars, and he saw him about 7 a Clock, and left him about half an Hour after 7.
William Bradley depos'd that on the 26th of February, he saw the Prisoner about 7 a Clock just by the Exchange. The Prisoner desir'd this Evidence to be ask'd if he did not ask him then to give him a Pint of Wine for Socket Money. He answer'd it was the Drawer at the Vine Tavern that did.
Elizabeth How depos'd, that Charles Cotterel , the Evidence before mentioned, was a sorry drunken Fellow, and she had heard him in several Tales concerning Mr. Hussar, as that he had given him half a Guinea to go to a House, and offered him 10 Guineas. and 20 Guineas, and the Like.
The Prisoner call'd some Persons to his Reputation.
The Prisoner was out of Temper with some of his Evidences, and would persuade them they depos'd more to his Advantage at his former Tryal; but his Displeasure had no influence on them to say what he would have them, nor could his Counsel, nor Solicitor, give him Satisfaction, as to the Management of his Cause. Neither did he behave himself, at the Bar, with that Temper and Humility it became him. However, after the Evidence had been impartially summoned up, the Jury went out, and after a short Stay, brought their Verdict in as follows.
As to the Questions.
1. Being ask'd, if the Prisoner's Name was Lewis, Whether they found for the Appellant or Appellee? they found for the Appellant.
2. As to the Addition of Labourer? they answer'd, they found for the Appellant.
3. If there were such Persons, as John Doe and Richard Roe? they answer'd, they found for the Appellant.
4. As to Solomon Rondeau's being the true Heir of the Deceased? they answer'd, they found for the Appellant.
5. Whether the Prisoner was guilty of the Murther laid to his Charge, or not? they answer'd, Guilty .