435. Edward Goynes, alias Joynes of Stepney , was indicted, for that he, not having GOD before his Eyes, &c. on the 15th of July , in and upon Mary his Wife did make an Assault, and with both his Hands, her upon the Throat, feloniously, maliciously, and of his Malice aforethought, did squeeze and press, giving her, by squeezing and pressing as aforesaid, a mortal Bruise, of which mortal Bruise, from the 15th to the 20th of July she languished, and languishing lived, and then died .
He was a second Time charged, by vertue of the Coroner's Inquest, for the Murder of his said Wife.
Martha Cadmore . The Prisoner and the Deceased lived at Poplar . On the 15th of July, between Ten and Eleven in the Morning, I was going by his Door, and hearing a Noise in the House, I went in, and found the Wife of the Prisoner sitting in a Chair, by the Chimney Corner, in the Ground-Room, - the Shop, as they
Prisoner. Mrs. Cadmore, did not she fall down and hurt herself? And when I asked her, whether she had any thing to lay to my Charge, did not she say, - No?
Mrs. Cadmore. About three Weeks or a Month before her Death, (as near as I can remember) she fell down and broke her Arm: I don't remember the Time exactly.
Mary Spalding . The Deceased was my Mother. The Prisoner marry'd her about a Year or 14 Months before she died, and during that time, he us'd her very barbarously. While I was at home with her, I never saw him strike her with his Hands, but he would heave Stones, Brick-bats, Pans, Pipkins, and Iron Bars at her, and bruise her in a gross Manner. Once he hit her on the Head, - on one Side of her Eye, and she frequently had black Bruises about her, tho' she did not keep up on these Occasions, because she work'd for her Bread; but on the 15th of July he struck her, and did her Business. About Ten or Eleven o'Clock that Morning, my Mother was a-dry; I went and fetched her a Pot of Beer; the Prisoner was at the Ale-house right against our House, and seeing the Beer come in, he flew over, and swore he would heave the Pot and the Beer at her: She had the Beer in her Right Hand, he beat it down, and with one Hand he caught hold of her Left Arm, which was lame, and twisted it; with his other Hand he grasped her Throat, and struck her Head against the Wall. Her Arm was very bad; but she did not feel much of that, by reason of the Misery she was in with her Throat; but when the Neighbours came in, she told them, That Rogue had broke her Arm again, - all to Pieces. About two Hours after this, he came in again, (he had been drinking) and he buffeted her in the Face with his Hat, till her Eyes ran down with Blood; and then he call'd her old Bitch, and bid her go and shew her Marks, and take him up again Tomorrow.
Prisoner. O fie upon you Mary!
Spalding. He had cut her in the Head before, (I can't tell how long it was ago) and she had him taken up for it. The last ill Usage was on Sunday the 15th of July; on the Tuesday she took to her Bed, and never came down till she was brought down; she died the 20th.
Prisoner. Why Mary, she died on the Friday.
Spalding. Well, - that was the 20th. We spoke to a Surgeon about her the same Day that she died, but he did not like the Looks of the Prisoner, and he would not go up Stairs. I did not take Notice of any Marks upon her after she was dead, so I know nothing of Them; but she complain'd to the last of her Throat; he did not hold her by the Throat above half a Minute, yet to the Day she died she could not swallow any thing. She complain'd likewise of her Back, for something better than a Month before, I saw him give her a Kick on the Back, with some Violence, when she was on the Middle of the Stairs, and she slipped down three Stairs, after which she complain'd of her Back.
Prisoner. Mary, did I kick her down Stairs?
Prisoner. No, my Dear, I never did; I only beat the Pot of Beer out of her Hand; I never did any thing else to her; - there she stands, and knows it. - She says, I buffeted her with my Hat, and made her Eyes bleed; - she always had sore Eyes.
Spalding. When he buffeted her with his Hat, he cut the inside of her Eyes, with the Edge of it. I am sure the Blood came from the Inside; for her Eyes were afterwards wash'd, and the
Catherina Lutolph . I am very sorry I did come to the Place; I rather had been in Bed, sick, than (have) seen such a Sight. The Deceased and I were very great; she had nobody but me, she could tell her Secrets to; so on the Tuesday after he had done this Damage, she sent for me. I saw her in a dangerous Condition, and she told me she was very bad; her Neck was very sore, and she complained very much of her Back. I told her she had catched Cold, - no, no, (she said) my Husband came home in a drunken Manner, and pinch'd my Throat, and struck my Head against the Brick-wall, and it has been my Death. She was a poor Woman, like myself, and she used to go a Shoring (picking up what she could find upon the Shores, when the Tide was down, for Firing) and about a Week before this Hurt was done her, she fell down on the Shore, and hurt her Arm, and was very bad with it then, but she now complain'd of nothing but her Back and her Throat.
Prisoner. Mind what you say, Mrs. Dutchwoman.
Lutolph. I saw the Deceased on the Wednesday and on the Thursday before she died, and the Prisoner then shew'd all Love and Kindness to her, and spoke to her as a Husband should speak to a Wife. She bid him go to Work; but he would make much of her, and sit by her; then she bid him go away: She did not like to see him, and told him he had done what he should not have done to her.
Prisoner. O fie upon you!
Lutolph. On the Day she died he came to her again; and said, Gammer, Mrs. Fox and Mrs. Poor want to come and see you; she told him, she did not care to see them; but I persuaded her to bear no Malice; so they came with the Prisoner to the Side of the Bed, and he said to the Deceased, - People say I killed you, and that I shall be hanged for you, now tell before Mrs. Fox and Mrs. Poor if I killed you: He took her by the Shoulder to raise her up, and she fell in a Convulsion Fit; when she came to herself, he asked her Forgiveness; how can you (said she) ask Forgiveness of me? I will forgive you if the World will.
Prisoner. O mind what you say.
Lutolph. Yes, I do. - After she said she would forgive him, he turned himself round on his Foot, and said, - a T-rd for you all, that is all I wanted. Before she died, she desired me and another to lay her out, and then we should see (she said) what she had gone through; She died that Day; we laid her out about Ten o'Clock that Night, and only observ'd that her Neck was swelled; but next Morning it was very black a Hand's Breadth, and as far(we imagin'd) as he had grasp'd. While she was alive, her Throat was so swell'd that she could not swallow a Quarter of a Tea-spoonful, nor could she pin her Cap.
Prisoner. Did I ever take her by the Throat? Indeed I did not.
Elizabeth Nash . I saw the Deceased about Five in the Morning before she died: She would have eaten a little Milk Porrage, but her Throat was so swell'd, she could not get a Tea-spoonful down. She told us the Prisoner had pinch'd her Throat in such a Manner, that it was the Occasion of her Death. Mrs Lutolph and I laid her out, when she was dead; and I observ'd several black and blue Marks upon her Legs and her Back; her Throat was very much swell'd, and was very black.
Prisoner. What did I say to you, when my Dame said, - Gaffer, I am very bad?
Nash. He asked her several Times to forgive him, and she said, she would forgive him, if the World would. She was disturbed at the Sight of him, and did not care to see him.
John Clarkson , Surgeon. I view'd the Body of the Deceased three Days after her Death; she was terribly bruised all over her Body, from Head to Foot, her Sides and her Back in particular; and there was a large Tumor on the Left Side of her Throat, which was very black, and which, I imagine, was occasioned by pinching or strangling. The Coats of the Gullet were putrify'd, and in the Passage into the Stomach there was extravasated Blood, which had turn'd into Pus or Matter; and this occasioned the Soreness which prevented her swallowing, and, in my Opinion, was the Cause of her Death. On her Back, between her Shoulders, were some black Places, as broad as the Palm of my Hand, which I imagin'd were made by beating or kicking. On her left Side, and just under her Breast were great Marks of Violence; but I did not find her Arm fractur'd, I believe the Disorder in her Throat might occasion her Death, and that the other ill Usage she had received might hasten it.
Prisoner. I must leave it to him and you, my Lord. I have nothing to say, - but I know what I did; and I only heav'd the Pot of Beer