285.+ Samuel Badham , of St Giles in the Fields , was indicted for that he not having the Fear of God before his Eyes,&c. May.20 , in and upon Susannah, the Wife of Simon Hart , feloniously,&c. did make an Assault, and both his Hands in and upon the Throat of the said Susannah, did fix, and fasten; and with both his Hands, so fix'd and fasten'd, the Throat of the said Susannah did squeeze, and press, by reason of which squeezing and pressing, the said Susannah was choaked and strangled; of which choaking and strangling she instantly died .
He was a second Time indicted by Virtue of the Coroner's Inquest for the wilful Murder of the said Susannah.
Arabella Clark . I saw the deceas'd on Tuesday Morning, between 10 and 11 o'Clock,( I can't tell the Day of the Month) but she was alive and well, to my thinking. She spoke to me, and I thought her not to be at all in Liquor . In the Afternoon (of the same Day) between 2 and 3 o'Clock, I heard she was dead, and laid out. I saw her on the Thursday following; she had a black place on her Throat, and another on her left Temple, like a very bad Bruise.
Paul Lewis . I was employed by the Church-Wardens of St Giles's , as a Surgeon, to open the Body of the deceas'd. I found the Woman bruised all over. Her Head, Face, Hands, Back,- she was all over bruised. There was one very remarkable Bruise on her Throat. The Mark on the right Side, resembled a Man's Hand,- or Fingers; that on the left side was not so large, and was like the Print of a Thumb, and this seemed to be the Death of the Woman. I looked at these Marks, and take them to have been made by a Thumb on one side, and Fingers on the other, and that they were the Cause of her Death. One Symptom which corroborates my Opinion, is, that the Vessels seemed to have been full, and turgid; tho' that is not an absolute Symptom, for in Apoplexies they will be the same: but this, with the Bruises on the Throat, strengthens my Opinion (I think) very much.
Ann Collins . The Prisoner liv'd in the House of one Richard Booker , up 2 pair of Stairs, and I lodged up one Pair in the same House. Between 10 and 11 o'Clock in the Forenoon, one Tuesday in May,(but I can't tell the Day of the Month) I was in my own Room, and the deceas'd came into the House. I desired ( Booker ) the Landlord, to tell her I wanted to speak with her. She sent me Word, she was afraid to come up Stairs, for Fear of the Prisoner; but she sent me up a bit of Veal and Pork, for my Child. In about a quarter of an Hour, I heard her go up Stairs with the Landlord; he came down again directly, and in two Minutes after she had got up Stairs, I heard her cry out, Murder! and presently she cried out again,- Murder! Murder!- the Rogue will murder me! I called out to the Prisoner, and he called me Bitch, and bid me mind my own pocky, itchy Child. The deceased called out for Booker, and cried, Murder! Booker! Booker! the Rogue will murder me! And I heard three or four Blows which sounded loud into my Room; I can't tell whether they were given with his Hand, or what else,- they sounded like Blows with a Stick. After she had cried out three or four Times, I went out with my Child; not thinking she was murdered, because they often quarreled; and when I came home between 5 and 6 o'Clock, the Prisoner said to me, The Woman is dead,- sure enough!- What Woman, said I? my Wife, said he:- Then, you Rogue, you have murdered
Richard Booker. I can't tell the Day of the Month; but I saw the Deceased when she came in on the Tuesday.'Twas about 10 o'Clock, and she was as well then as any Woman,- what happen'd afterwards,- I can't tell. She was deadly fuddl'd, and I help'd her up Stairs because she was fuddl'd, but I did not see her into her Room: I help'd her up within 4 or 5 steps of her Chamber, and then she went up the rest herself.- I can't tell whether the Prisoner was in her Company afterwards.- She was alive some Hours after this,- before he kill'd her,- but I know nothing about it,- no I know nothing of it, I heard no Outcry, for I went out directly; to get half a Gill of Wine for my Wife who was very ill.
Kimbrow Murphey . I live in the next House to Booker's, and as they tell me, the Deceased's Room was next to the Side of mine. I heard a Woman's Voice cry out Murder, more than once or twice. This was about the Hour of 11, to the best of my Knowledge. I can't swear whether it was He or She; but it was on the Day she died.- I can't justly tell the Day of the Month, for I did not keep it in my Memory.
Margaret Wood . I heard the Woman cry Murder several Times, very low, and it was the Deceased's Voice. I went twice or thrice into the House that Afternoon, but I saw no Disaster, nor heard of any, till about 5 o'Clock; then a Woman told me she (the Deceas'd) was dead. I said,- if she was dead, I was sure she had been murdered, and I went immediately to the House, and met the Prisoner upon the Stairs; I asked the People why they did not stop him? and they replied,- why did not you stop him? When I came up into the Room, I saw her lie in her Bed: she was dead, and had a Blemish on her left Temple. To be sure she was murdered by some body; for I heard her cry out Murder, and for certain he must be in the Room, because I met him upon the Stairs about Five.
Mary Bates . About 11 o'Clock I heard the Cry of Murder , and knew her Voice: My Mother's House joins to theirs, and I was in the Entry at the same Time. While she was crying Murder, I heard the Prisoner call her ugly Names, Whore, and Bitch, a great many Times, but I did not see him that Afternoon. I was acquainted with the Prisoner, no farther than by his lodging in the Neighbourhood, but I am sure it was his Voice, and am positive to both their Voices, and that she cried out Murder 5 or 6 Times, but I heard no Blows given. This was on Tuesday about 11 o'Clock. In the Afternoon I saw the deceased, and observed a Bruise on her left Temple.
DEFENCE. Booker told me, that this Susan Hart fell down a Step in the long Entry; that he took her up, and she afterwards went into the Room where he and his Wife lay, and there they drank Liquors together an Hour and half. After this, Booker brought her up Stairs: I was a-bed and asleep, and Booker took me by the Shoulder, and wak'd me. Then I saw her so much in Liquor that she could not undress herself, so I got up and pull'd off her Cloaths, and got her in bed. After which I call'd to Booker for some Liquors; he brought some up; we drank them, and then I spy'd she was dead.
Booker. The Woman did not fall down the Step, nor did I go into his Room and wake him. I saw him awake, and he took her into the Room, when I carried her up, but I did not then go into the Room, but went out for the Wine, and staid about a Quarter of an Hour. When I came back, I heard no Noise.
Prisoner. Ask Booker if he was not in my Room?
Booker. About a Quarter of an Hour after I had helped her up Stairs, I went into their Room, and saw her with the Prisoner, very well; then I went out again, and was out about a Quarter of an Hour.
Prisoner. Did not you bring up Liquor after she was in the Room?
Booker. No, I carried up nothing.
Prisoner. He brought up Liquor, and because I had no Money, he had a Pair of Grey Stockings for it.
Ann Collins. This Booker did carry up Liquor: I saw him go by my Door with a Half-pint Pot, but I don't know what was in it.
Prisoner. Collins made oath before Mr De Veil , that she (the Deceased) had been drinking an hour, or an hour and half, before Booker brought her up to me.
Collins. She was not in Liquor to my thinking, when she went up Stairs: nor did I declare before Colonel De Veil, that she had been drinking an Hour and half before. I did not see her drink any thing, and I believe she was not in Liquor. Guilty . Death .