Offence: Killing > murder
Punishment: Death > death and dissection
John Doleman. On the thirty-first of August about a quarter after nine at night I heard a noise, as if two men were fighting; I ran from my home in Wild-street , about thirty or forty yards, and saw the prisoner and Kendal fighting with their fists in the street, at the three tuns door, the corner of Wild-street; Lamb was in his regimentals and the other in his waistcoat; I believe I saw about six or eight blows between them, each struck; I said to Kendal, You had better leave off, there is no good got by fighting; immediately they parted, and stood, I believe, the space of five minutes; Lamb was just by the door and the other by the window, about two yards asunder, neither spoke a word; there was no lamp, but I could see them by the light of the window; Lamb's nose was broke, and some blood on his shirt; then Lamb had one foot in the door and the other out; I saw him put one foot from the door, and make a push at the deceased with his right hand about the navel, and said, D - n him, I have done for him; the deceased was standing still at the time; after this, Kendal put his hand to his belly, and said, O Lord, he has stabbed me; and went cross the way and fell on his back, on the step of another Alehouse door; as soon as Lamb had struck him thus, he turned himself and went in at the door and said nothing more; I saw nothing in his hand; I went, and with my fingers, ripp'd Kendal's shirt down, and saw his guts work out of his belly, just as if a pot was boiling, just below his navel, as near as could be; his guts covered the wound, so that I could not rightly see it; then I would have laid hold of the prisoner, but I was afraid; so I ran to Mill-Bank for George Straton , and brought him, and we took him; we searched him, but found no knife upon him; all he said, was, Do not take my money away; we had him before Justice Carkesse; there he said, he was going home and Kendal knock'd him down at the door. He was a soldier; he was taken away to the Hospital in Petty-France; he died about two o'clock the next day; I saw him that night, between five and six o'clock, but did not look at the wound.
Q. At the time that the prisoner made the push at the deceased, did she step backwards before he stepp'd forwards, or only forwards?
Doleman. Only forwards.
Susannah Frazer . I was sitting by my own fire-side in Vine-street, about 40 yards from the 3 Tuns, about 9 that night I heard murder call'd twice; I went to the 3 Tuns door, and saw the prisoner standing neither out nor in the house, and Kendal was standing about 2 yards distance, near the window; not a word past between them for 5 minutes; than I saw Lamb make a blow at Kendal's belly with his righthand, and said, D - n him, I have done for him: he push'd it with great vengeance; I know it hit him in the belly.
Q. Did you see any thing in the prisoner's hand?
Frazer. No, I did not; he made as if he put some thing in his left-hand pocket with his right-hand immediately after. Kendal turn'd round and clapp'd his hands to his belly, and stagger'd over the way, and said, I am stabb'd, I am stabb'd, and laid himself down on the step of a door. When his shirt was torn down I saw his bowels out, about the bigness of a large walnut. I saw them take Lamb away to the Justice.
Rowland Strutham . I belong to the Coldstream regiment, the prisoner belongs to the third. I live facing the three Tuns; I was smoaking my pipe by the fire, hearing a tumult in the street I went out; I saw the prisoner and the deceased standing in the street; Lamb by the three Tuns door, and the other near the window. Then there was no fighting. Presently Lamb made a push with his right-hand towards the wall at Kendall's belly, and said, D - n you, I have done for you.
Q. Did the blow hit Kendal?
Strutham. By the words that were spoke it must.
Q. Did Lamb give a step either forwards or backwards?
Strutham. I did not observe that?
Q. Did you observe any thing in Lamb's hand?
Strutham. No; it was dark at that time. Immediately Kendal clapped his hands to his belly, and turned round, and said, Lord, or Lord have mercy upon me, I am stabbed. I saw he was stabbed; his bowels were out when he lay on the step of the door, about the size of the knob of this stick (producing an oak stick, the knob about the size of a large walnut.) I helped to carry him to the hospital belonging to the soldiery. We laid him on a bed there; this was about 15 minutes after the wound was given. He died the next day about two o'clock. I saw him after he was dead. As we were coming back from the hospital we went in at the Justice's, and saw Lamb searched; there was nothing found upon him but half a guinea and some half pence in his waistcoat pocket. I said he had committed a murder. He answered, how did I know that? that was all he said.
Mary Wagg . I was in at the three tuns at that time serving an halfpenny worth of grey pease. There was the prisoner, a young woman, and a young lad. Kendal and another soldier came in, this was about nine o'clock. The landlady said to Kendal, Do you want any thing? he said, no, nothing. Then she said, get out of my house. She got up, and push'd him and the other soldier that came in with him out at the door with great violence. They turned in a second time, then the landlady and Lamb, and a woman that was drinking rum and water with Lamb, set upon them to turn them out again, when Kendal, and the other soldier, and Lamb, were got just by the door they gave Lamb a haul and 2 or 3 hard blows. Lamb struck again.
Q. What did Kendal's companion do?
Wagg. I believe he was upon Lamb also. Then Doleman and another man came up, and went between them, and parted them.
Q. What did they fight with when fighting?
Wagg. Nothing but their fists. After they were parted Kendal was standing by the window, Lamb turned towards the door, and went about halfway in. Kendal's companion stood in the middle of the mob; there were a pretty many people there, when they had stood some minutes -.
Q. How many minutes?
Wagg. Near two minutes; Lamb stepp'd forward and gave a push against Kendall's belly, near the navel, and said, D - n you, I have done for you. Immediately after I saw him put his right-hand a-cross his belly, to his leftside, and went in a-doors. Kendal clapp'd his hands cross his belly, and said, I am stabb'd, I am stabb'd. Then I call'd out murder. I saw the cut in Kendal's shirt, his
Q. How long was the cut in his shirt?
Wagg. It was about an inch wide. It is my opinion he designed to have gone up the steps, and in at the ale-house door cross the way, but he fell down on his back. Then I ran away for a little time; after that I came to him again, then I saw his bowels out as he lay.
Q. to Strutham. Did you see the cut in the deceased's shirt ?
Strutham. No, the shirt had been torn down when I saw it, and a woman had laid her apron on the wound.
Eliz. Upton. I was in at the 3 tuns ale-house that night. About 9 o'clock Kendal came in. There was the prisoner and one Moll Smith. Kendal said to Moll, You said I was at the Round-house last night. She said she did not say any such thing. He had a pennyworth of beer, and went out and came in again, and brought Archy Noak with him. Then he said, you did say so, Moll Smith. She said, she did not. Then they made a scuffle, and got all out at the door together. How they got out I did not see, neither did I see them in the street: I kept my place. Presently I heard the windows breaking, then my landlady ordered me to go and call her husband down stairs, and when we came down they said, The man was stabb'd, the man was stabb'd. I saw Lamb come in at the door, but I was so affrighted that I did not look about much. In about a quarter of an hour there was constable came.
Q. Did you see any weapon that Lamb had?
Upton. No, I did not. I have seen him at that publick house many a time, but I never saw any knife that he had, but what he borrowed. He was searched but none found upon him; he had been backwards before he was searched, but what he did there I do not know.
Q. to Doleman. Who searched the prisoner?
Doleman. I did: I searched his side pocket and all his other pockets, but found no knife. This was about a quarter of an hour after. He had been and washed the blood off his face and hands before that.
Charles Carson . I am a Surgeon. I saw the deceased on the first of September about the 11th in the forenoon, in the Infirmary. I was informed the accident had happened over night, and he was brought in with his bowels out; he was alive, I saw a large quantity of intestines lying on his belly, and the man in great agony. I could not see the wound then, but when I replaced the intestines I saw the wound, it was about an inch in length, about an inch to the right of the navel.
Q. Was it a cut or a blow?
Carson. A cut it must be, by the appearance of it, by a sharp-pointed instrument.
Q. Was the cut cross or up and down the belly?
Carson. It was up and down.
Q. How far had it penetrated?
Carson. It had penetrated the cavity of the belly by the intestine's making it's way.
Q. Do you call it a mortal wound?
Carson. It is my opinion that was the cause of his death; he lived about an hour and a half after I saw him.
Q. Is there not always a Surgeon there to attend upon people that are brought in?
Carson. Yes, there is.
Q. Was not the intestine replaced before you saw him?
Q. Could this man's life have been saved had the intestines been replaced at his first being brought in?
Carson. It is impossible to say that.
Q. What is the Surgeon of the Regiment's name that took him in?
Carson. His name is Davis.
Q. Did you find no bandage upon the wound?
Carson. No, but a vast quantity of intestine out, which then had not mortified but it was pretty near it.
Q. Are you an appointed Surgeon to this Infirmary?
Carson. I am.
Court. It is your duty to advise your superiours of this neglect of Mr Davis's. You will not do your duty to the publick if you do not.
Q. from the Prisoner. Did Kendal refuse to have his wound enlarged?
Carson. He did not when I was there.
Q. Suppose the wound had been enlarged, what would have been the consequence of that?
Carson. That was the only way to have him do well; that would have been the proper treatment of it, so to return the intestine, had that
Q. Was the intestine wounded?
Carson. No, not as I saw.
Court. We hope you think as we do, that the superior officers of that regiment should be informed of the treatment that poor man met with, from that Surgeon belonging to the Infirmary.
Q. to Mr Martin. You have heard the description of the wound, and that it is supposed to be given at 9 at night, and that at 11 the next morning there was a great quantity of intestine came out; if proper care had been taken of him at half an hour or an hour after the wound was given, whether or not there was not a probability of his doing well?
Mr Martin. If the wound had been enlarged immediately, and the intestine returned as it was not wounded, it is very probably the man might have done well.
Q. Is it more than probable?
Mr Martin. It is, he might.
Q. Do you belong to the army?
Mr Martin. No.
Q. Do you know Mr Davis.
Mr Martin. I do not.
I was drinking in that publick-house; there came two men in and dragged me out, and knocked me down once or twice, one of them I never saw before to my knowledge, the other I have known a long time. I do not know how the affair happened that the man was stabbed, what I did was in my own defence. I know nothing of any weapon that I had about me; the landlord of the house knows I had been dragged out of the house by them.
For the Prisoner.
John Harret . I keep the Three Tuns in Wild-street. I was on the bed when this terrible affair was; the window being broke, the woman came and called me. When I came to the bottom of the stairs, there was a woman came with great surprize, and said, Lamb has stabbed Kendal. I saw no instrument that Lamb had; he came into my house just afterwards, and asked for a bason of water, and went backwards, and washed himself, for his face was very bloody, and his nose cut. I never saw him with a knife of his own in my life; he has used my house two years; he always behaved well in my house as any man need to do, never made any wrangle, but paid for what he had. I do not look upon him to be a quarrelsome man. I do not remember I ever heard him swear twice in my life. Serjeant Noaks that came into my house with the deceased, has made riots, and I believe did bear the prisoner a grudge concerning the woman.
Q. Had Kendal any grudge against him as you know of.
Harret. I do not know that he had.
John Kemp . I am a Watchman. About half an hour after nine I was at the Three Tuns. In came Kendal, and said to Mary Smith , D - n your eyes, you bitch, how could you tell Noak you put me into the watch-house; said she, I said no such thing; he said, I'll knock your head off, and your cull's too; then he called for a penny-worth of beer and drank it, and began to repeat the same words again; and the woman of the house desired him to go out; he paid for his beer and went out and, fetched Serjeant Noak, and they took Lamb by the collar, and had not patience to take him out, but between the two doors they fell to beating him. I went for a constable and when I came back the thing was done. The prisoner was searched, but no knife found upon him before the Justice. He was eating some oysters when they came in, but I saw no knife in his hand. I have seen him many a time at that house, but never saw him quarrelsome.
Guilty . Death .
He received sentence immediately (this being Friday) to be executed on the Monday following, and his body dissected and anatomized.