William Odell, Killing > murder, 10th September 1760.

Reference Number: t17600910-38
Offence: Killing > murder
Verdict: Guilty
Punishment: Death > hanging in chains

281. (M.) William Odell , was indicted for the wilful murder of Elizabeth his wife , by strangling her with a string about her neck , *June 17 .

William Taylor . I am 15 years old.

Q. Suppose you should say any thing that is false, would any thing happen to you?

Taylor. Yes, Sir, I should suffer in another world.

Q. Do you believe that?

Taylor. Yes, Sir, (he is sworn)

Court. Now you have call'd God to witness, you will say nothing but truth.

Q. What relation is the prisoner at the bar to you?

Taylor. He is my father-in-law, Elizabeth Odell that is dead was my own mother.

Q. Do you remember on the 17th of June, your mother going with any woman to show her the way to Hanger lane?

Taylor. Yes, Sir, I remember that, I saw my mother coming down the town with this woman, her name was Ann Dowland ; she was a servant down the lane; my mother came to the door, I ask'd her where she wa s going; she said, she was going with this woman to show her home ( the woman was with her) she went with her in Hanger lane.

Q. What door did your mother come to with the woman?

Taylor. At the door where I lodg'd at Acton, just by the Black Lion, there is only a stable parts them; I said, I would go with the woman, I went a little way, and then my mother came after me, and said she would go; I went a little way, just up the hill, then I came back, and my mother went along with her.

Q. What time of the day was this?

Taylor. This was at sun-set.

Q. Did you see your mother afterwards?

Taylor. No, I never saw her alive afterwards?

Q. What time did you go to bed?

Taylor. I did not got to bed, there were two little children in the house, and I was with them.

Q. What time did your father come home?

Taylor. I know I let my father in in the morning.

Q. Do you remember your father's coming home that evening after your mother was gone?

Taylor. I cannot say how long after my mother was gone.

Q. How long do you think?

Taylor. It may be an hour and a half, or two hours, to the best of my knowledge, I am sure I let him in about three in the morning; my father ask'd me where my mother was, and I told him.

Q. Had he ask'd you before where your mother was?

Taylor. To the best of my knowledge he had.

Q. Did he come home that evening that your mother went out.

Taylor. To the best of my knowledge he did.

Q. Who put these words in your head ( to the best of your knowledge)

Taylor. Nobody.

Q. What did he say when he came home about three in the morning?

Taylor. He asked where my mother was gone; or whether she was come in or no? and I told him where she was gone.

Q. What did he say then?

Taylor. I can't say justly; he went to bed, and bid me not go to sleep, and said he should.

Q. How long had he been married to your mother?

Taylor. I believe 13 or 14 years; I was not quite a year old then, as I have heard.

Q. How did he use to behave to your mother?

Taylor. Very sadly, he used to beat her, and would not give her hardly any money, he would spend it.

Q. What did he use to beat her with?

Taylor. With his fist, knock her down sometimes when she was not in fault, he has beat her blind almost.

Q. Have you seen him beat her more than once?

Taylor. O, he has beat her a great many times, he us'd to use her very sadly, and us too.

Prisoner. He told me when we came from burying his mother, that Mr. West would send him to justice Fielding, and he should be sent to sea, if he did not sware against his father.

Q. to Taylor. Did you say so?

Taylor. No, Sir, I did not say so.

Q. Did Mr. West ever threaten you to send you to sea, if you did not sware against your father?

Taylor. No, he never did.

Q. Did you ever tell your father he did threaten you?

Taylor. No, I never did: my fellow servant William Hose heard what I said to him, and he to me.

Prisoner. He told me, this Ann Dowland denied that she had ever seen my wife at all.

Q. to Taylor. Did you tell your father as he has said?

Taylor. I spoke of it, Sir, I don't know whether I told him.

Q. What did you say?

Taylor. I told it, that she denied it to Mr. West and Mr. Munk, that she said she was not with my mother.

Q. When was this?

Taylor. I can't say what time.

Q. Do you know what she meant by saying so?

Taylor. No; she said she did not see my mother.

Q. Can't you tell when, and where this was?

Taylor. No, I cannot.

Ann Dowland . On the 17th of June I lived in Hanger lane, near Acton, in the parish of Ealing, with Mr. Burk, he kept a country-house there; on that day I was going to his house; I came through Acton, it was I believe about nine in the evening I went from London; I did not know my way, I call'd at a public house, there were three women standing at a door; I ask'd the woman of the house, if there was any honest body that could show me my way to my master's door. There was a tallish woman wanted to go with me; the woman of the house said, there was a woman with a child in her arms wanted the momoney, and she would show me my way. I said, I would give her 2 d. or 3 d. that woman came along with me, I call'd for a pint of beer, she and her child drank it; she met with this Boy that has been examin'd, I believe the boy was her son; I did not mind what he call'd her, but she bid him take care of the children, as near as I can guess it was about a quarter after nine when we set out of Acton, we walk'd very hard home, it was near ten when we got home to my master's house.

Q. How far is it from Acton?

A. Dowland. It is about a couple of miles, she brought me round through lanes. Master's kitchen gate was upon the latch; there was my master's gentleman and the footboy in the kitchen. I told the gentleman, that the good woman came from Acton; we gave her 3 d. and a glass of wine.

Q. Did you know her name?

A. Dowland. I did not.

Q. Did you see the woman that was afterwards found dead?

A. Dowland. No, I did not.

Q. What time did she go from your house?

Dowland. I believe it was close upon 10 o'clock, the footboy saw her out at the gate, and lock'd the door after her.

Q. Did the boy that has been examin'd here go any part of the way with you?

A. Dowland. I believe he walk'd a little after us; I spoke to the woman when we were going along, to know why she did not let the boy go too; she said, he had the children to take care of.

Q. Did she say she was the mother of the boy?

A. Dowland. She did.

Q. Did you know her before?

A. Dowland. No, I never saw her before.

Q. Did you say the woman did not go along with you, and that you never saw her?

A. Dowland. When Mr. West came to me, I said I did not care to go, I said she went safe from our house, and I had nothing to do with it.

Mary Middleton . I live at Acton.

Q. Are you a married woman?

M. Middleton. I am; I knew Elizabeth Odell the prisoner, we lived in one house together.

Q. When did you see Elizabeth Odell last alive?

M. Middleton. I saw her on the 17th of June in the morning.

Q. Do you remember seeing the prisoner on the 17th?

M. Middleton. I saw him on the evening of that day, he said he was going to see after her; he said he heard she was gone to Ealing.

Q. What time was this?

M. Middleton. This was between 10 and 11; he said, if he met her and the other woman, he would be d - d if he did not kill them both; and I told him not to do it; I told him to consider better, to consider his own soul, and not to be so wicked a creature, as he had been all his life-time; he made no answer to that.

Q. What became of him after this?

M. Middleton. That I can't say; he went out directly, he went the way to go to Ealing.

Q. Did you see him turn that way?

M. Middleton. I did.

Q. When did you see him afterwards?

M. Middleton. I saw him the next day, I believe between 8 and 9 in the morning: I ask'd him if he had seen his wife; he said yes, he had seen her; I ask'd him where; he said he would not tell me.

Q. Had you any conversation with him about when he expected his wife coming again?

M. Middleton. Yes, I ask'd him when she would come home; he said, he knew she never would come back no more.

Q. When was this?

M. Middleton. This was not that morning.

Q. What discourse had you with him on that 18th?

M. Middleton. I ask'd him again in the evening on the 18th about her, and said, you must know where she is; he said he did know where she was, but he would be d - d if he would tell me.

Q. Had you any conversation with him afterwards?

M. Middleton. Yes, about advertising her, but I was not the first that mention'd that.

Q. How long was that after she had been missing?

M. Middleton. About a week after, I said you had better have your wife advertis'd; for he went from one thing to another, we could not tell what to make of him.

Q. Did he tell one story twice over?

M. Middleton. No; he said she was not worth advertising.

Q. Was you there when Mrs. Bonney was there?

M. Middleton. She lives in the same house.

Q. Had you any discourse with the prisoner about his wife after she was found?

M. Middleton. Yes, the very night she was found, and the night after that.

Q. What was it?

M. Middleton. I was sitting at the door, he had been to see his wife, he came and sat upon the bench; I told him his wife was murder'd in a barbarous manner; he said yes, he believ'd she was; I told him, I believ'd her arms were cut with a knife; he said, they were not by God, they were cut with a sword.

Q. Had you seen the cuts on her arms?

M. Middleton. I had; I ask'd him whether he knew who killed her; he said one was a soldier, and the other was another man.

Q. What day was this that he made this answer?

M. Middleton. This was on the tuesday after she was found.

Q. When you saw the prisoner go out that night after his wife, in what manner did he go, had he any weapons?

M. Middleton. He had his sword on (he is a soldier) I am very certain of that, because I desir'd him not to take it; because he said, if he met with his wife and the other woman, he would kill them both that minute.

Q. At the time he inform'd you his wife was murder'd by a soldier and another man, did he say any thing more?

M. Middleton. He desired me never to tell any body, for if I told any body he said he should be hang'd; and if he was hang'd, he said he should walk to me again. I told him he never could.

Q. Do you know what his wife wore about her neck?

M. Middleton. She wore a black serrit about her neck.

Q. How long have you lived in the same house where the prisoner and his wife lived?

M. Middleton. About seven months.

Q. During that time how did he behave to her?

M. Middleton. He behaved very bad indeed.

Q. Explain it?

M. Middleton. He us'd to d - n her about, and give her slaps on the face, and use to swear he would kill her; I have seen him give her a slap on the face, but no otherwise.

Q. When the body of the woman was found, did the prisoner say any thing upon that?

M. Middleton. He was not at all uneasy, he was very hardened; he said, he wish'd he had been d - d before his wife was found that night.

Q. What do you mean by uneasy, do you mean afraid?

M. Middleton. He did not seem afraid at all.

Q. from prisoner. Inquire into her character; she has learned every word of this, she is tutored into this, it is not worth while to ask her any questions. She may be called a natural fool.

M. Maria Enamure . On the 17th of June last I lay in a little place belonging to Esq; Gulston, in a field behind his garden.

Q. Do you know the pond where Elizabeth Odell 's body was found?

M. Enamure. I do, that is pretty near a quarter of a mile from where I lay; I went to bed that night, something better than half an hour after 11 o'clock, I lay on bay, I had just made my bed, and had unlac'd about three holes in my stays, I heard a dismal scream out, that ever could be heard; I stood and heard it, I heard, for God's sake, for Christ's sake, will nobody come to assist me, but let my husband murder me. This cry was repeated six or seven times to the best of my remembrance, I heard her mention them same words.

Q. Did you hear the word husband mentioned?

M. Enamure. The word husband was repeated six or seven times.

Q. What space of time did the whole take up?

M. Enamure. Something better than a quarter of an hour, the next morning it was wet, and we did not go to haymaking that day.

Q. What day of the week was it?

M. Enamure. I heard this noise on a tuesday night, and on wednesday morning I spoke of it in the fields to Thomas Smith ; I said, what great cry of murder was that last night; he asked me what cry; I told him about half an hour after 11 o'clock; he said, he was at the window making of water.

Q. Did you see the body after it was found?

M. Enamure. I saw it three times, I saw it in about an hour after it was taken out of the pond.

Q. Do you know where the prisoner lived?

M. Enamure. I do.

Q. Whereabouts does this pond lie?

M. Enamure. It lies on the left hand of the path from Mr. Burk's house to Acton, about 200 yards from the foot path.

Q. The place where you lay and heard the outcry was that in the road.

M. Enamure. No, it was quite a different way.

Q. Did any body lie with you on the hay?

M. Enamure. No.

Q. Did you hear any answer by any person after the woman cry'd out?

M. Enamure. I did not hear any other voice but she.

Q. Did it appear to you to be a woman's voice?

M. Enamure. It did very plainly.

Rebecca Harris . I live on Ealing common, near the foot way from Mr. Burk's to Acton.

Q. Do you remember hearing any thing on the night on the 17th of June?

R. Harris. I do, it was between 11 and 12 o'clock, I heard the cry of a woman, crying murder, murder, for Christ's sake, you will murder me; twice she called out before I got off the bed, which I could not understand before I got out of my bed, I lifted up the window, and listened; my mother was in bed with me, and she heard the same, and another elderly woman.

Q. How often did you hear the cry of murder repeated?

R. Harris. I heard it three times; the last cry was not so loud by a deal as the first, I could but just hear her the last cry.

Q. Did that appear as if she was weakened, or removed farther from you?

R. Harris. I think she was weakened.

Q. By what is it that you know it to be on the night of the 17th of June?

R. Harris. When I heard a woman was murdered, after she was found I recollected it was that day of the month, and on a tuesday I am very sure.

Q. Do you remember whether the next day was a wet day?

R. Harris. No, I do not.

Jonathan Millard . On a tuesday night, a week before the fair day, which is on midsummer-day, it was about a fortnight before the woman was found, the prisoner came to our house.

Q. Where do you live?

Millard. My house is just as you go into Ealing.

Q. How near to Hanger lane?

Millard. Pretty near half a mile from it, I had been in bed, the prisoner came and knocked at the

door, and awaked me, he knocked three or four times.

Q. What time of the night was it?

Millard. It might be 11 or 12 o'clock, or later, I cannot say; I came to the window; said he, have you seen any thing of my wife, or of Mr. Fisher's housekeeper, for they were come to see some butcher at Ealing; he said, where is your man? I said, my apprentice is in bed; said he, let me see him; I call'd my boy up; he came to the window; the boy said I don't know you, nor Mr. Fisher's housekeeper, nor your wife neither, and went to bed again; then the prisoner went away, that is all I know.

Q. from prisoner. What dress was I in at that time?

Millard. He had his lac'd hat on, and soldier's cloths, to the best of my remembrance.

Q. Did you see his sword?

Millard. I did not see that, nor nothing he had in his hand, nor do I know what he knocked at the door with.

Q. What time did you go to bed that night?

Millard. I believe I went to bed a little later than 9 o'clock; I had bought a calf that very day, makes me positive to the day being tuesday.

Q. Have you a clock?

Millard. No, we have not.

Q. How far is your house from Mr. Burk's?

Millard. It is about a mile distance.

Q. How far is the pond, where the body was found from your house?

Millard. I believe it is half a mile from my house.

Elizabeth Bonney . The prisoner and his wife lived near me.

Q. How did he behave to her?

E. Bonney. But very indifferently; she loved liquor, and that I us'd to take to be the cause of their quarrels; when his wife was missing I offered him a shilling towards advertising of her.

Q. When was this?

E. Bonney. About a week before she was found.

Q. What answer did he make you.

E. Bonney. He said he had no money; I said, I did not mind it if I was at the expence of the whole money if she was found; he made little or no answer.

Jane Philbey . On the 1st of July, between two and three in the afternoon, I saw the body of Elizabeth Odell , upon the water in a pond.

Q. Where?

J. Philbey. In Hanger lane close, by the house I live in; she was cover'd with weeds, that I could not tell at first what it was; I thought it to be a heap of weeds as first; then upon looking I thought it to be a sheep; my master Mr. Sneep was coming home; I asked him to rake it; he took the drag out of my hand and touch'd it, and found it to be a woman, and got a person to take her out; I was by at the time.

Q. Did you see any thing of a string about her neck?

J. Philbey. No, I did not; she had a great many marks all over her body, some about her head, her nose was broke.

Q. Do you know who it was?

J. Philbey. It was the body of Elizabeth Odell .

Q. How far is the pond out of the foot-way, between Acton an d Mr. Burk's?

J. Philbey. Not a stone's throw.

Q. Did you hear on the 17th at night any cry of murder?

J. Philbey. No, I did not.

Q. How far is the pond from the place where Mary Enamure mentions to be when she heard the cry of murder?

J. Philbey. That is about a quarter of a mile from our house?

Q. How far does Mrs. Harris live from your house?

J. Philbey. About a quarter of a mile.

Q. to Taylor. Whose body was that, that was found in the pond?

Taylor. It was my mother the prisoner's wife.

Mr. Sneep. I saw the body drawn out of the pond.

Ezekel Timberlake. The deceased was a very honest hard working woman, she washed for me.

Q. How did the prisoner use her?

E. Timberlake He us'd her very bad, in such a manner, that a man should not use a woman, nor indeed a man neither; I have seen him beat her very violently; I have seen him knock her down perhaps three times one after another, as soon as she could get up again, with a swingel that we thrash corn with, I thought he would have kill'd her then, and I don't know but he would, if I had not drove him away.

Q. Did you see the body after it was found in Mr. Sneep's pond?

E. Timberlake. I did; it was the body of Elizabeth Odell ; there were enough that would swear to her cloths; I make no doubt the same woman. I saw her two or thee times after she was taken out, she lived as near me as half cross this court; the body was the same size, but the features were not to be discovered.

Mr. Sneep. She was as red as the very fire when first taken out of the pond, and in about half an hour's time, as black as a blackamoor; the prisoner came and look'd at her stockings and buckles, and I believe kiss'd her; and said, God bless her soul, it is for, and away he went.

Q. Did you see him kiss her?

Sneep. I did.

Jane Philbey . I saw the prisoner kiss her.

Q. to E. Timberlake. Was she much given to liquor.

E. Timberlake. She would get too much liquor, but I don't call her a drunken woman; I believe it was by the ill usage she had; once he had left her for dead, and carried her into a cart-house.

Q. Was she fuddled when he knock'd her down three times, as you mentioned?

E. Timberlake. I think she was not fuddled; I went out upon hearing her cry murder; if people had not went to her assistance at times, I don't know but she had been murder'd before.

Benjamin Hooker . On the 3d of July I attended the coroner's inquest on the body found in Hanger pond; I found the head was bruis'd, I made an incision in the head, and found a vast quantity of blood lay under the sculp. Immediately upon the scull the parts were very much swell'd; I examined the scull, but could find no fracture there, her nose was beat in up to her face, the bone was quite broke, her tongue very much swell'd, and three inches out of her mouth.

Q. What do you conceive that might be owing to?

Hooker. To strangling. I believe her eyes, nose, mouth, and ears were full of blood; there had been a great quantity of blood discharg'd from each of them; the strangling was from the bruises she had had; I examined her neck, and it was vastly swell'd; the prisoner assisted me in cutting off the cloths; in his cutting, I discovered a string; I ask'd him what that was; he said nothing at all; I made him take it out, I believe it was ferret; I ordered him to hang it up; he did.

Q. Was it cut from her neck?

Hooker. It was, she had it on when she was found; that had made a great dent in her neck, I was oblig'd to separate it with my finger, there was a very black mark, and a great dent in the fore part of her neck in particular, but it went all round her neck.

Q. Was that such a string that a person could be strangled with?

Hooker. It was; it had strength enough to be made use of 10 times to strangle people, it might be about an inch or more wide.

Q. Do you believe that string was strong enough to strangle her?

Hooker. I make no doubt of that.

Q. How do you believe she came by her death?

Hooker. She had violent bruises all over her body, and cut in her lower parts by some weapon or other, but I believe she died by strangling, I firmly believe it; her private parts had an external cut.

Q. Were her cloths cut?

Hooker. Not as I saw.

Q. Was that a stab or a cut on her private parts?

Hooker. It was a cut, there was a vast quantity of blood from the wounds; she had been violently bruised about her legs; she could not die by drowning, for her mouth was full of blood; upon removing her garters, there were no black marks, as under the serretting about her neck, which confirm'd me in it that she was strangled.

Prisoner's Defence.

I was in London at the time, which is seven miles and better from the place. My wife got out of bed from me on tuesday morning about five, and I lay till about six; she went to squire Fisher's a haymaking, I came to London for my cloths, and stopp'd at St. Giles's, and drank with a companion of mine. I went from thence into the Strand, and from thence to the serjeant major's, there I continued till 10 at night, the serjeant's house is in new Tothill street, he is now in Germany; I was very much in liquor, and they would have persuaded me to come home; I came away from Tyburn turnpike, and got there to the plow on the top of Norton hill beyond the turnpike at eleven, there I had a pint of beer; then I went to the coach and horses, and drank two drams of

rum, and staid some considerable time, I imagine it to be almost 12 when I went from there; then I kept on the road, to where the two men hang in chains; I went into the penthouse at a smith's shop, where they shoe horses, and sat down there and fell asleep; I got into Acton just between day light and owl-light; when I came home, I wrapp'd at the window as usual a good while. William Taylor got up and let me in; I said, where is your mother, what is she not well? said he she is not at home, she went out in the evening with a very well dress'd woman; I said where; he said somewhere about Hanger lane; then he talk'd about some butcher's at Ealing; I said, it is very odd you cannot tell who she went with. I went to bed to him, and hearing the clock strike three, I said to him do not go to sleep, he was to go to work at four, I went to sleep. When one Oliver, that lives next door but one to us, came home to dinner the next day, I ask'd him if he had seen my wife; it past on till night, then I enquired; he said she had not been there. When the boy came home in the evening. I ask'd him again after his mother; he said, he did not know any thing but what he told me before; said I, I'll go to Ealing, and enquire at the butcher's; I went there, and ask'd him whether he knew any thing of Esquire Fisher's housekeeper; he told me he knew nothing of her, this was on the wednesday; I ask'd him, if Mr. Munk had ever a man; he said yes; Mr. Munk's man happen'd to be present, and said I am the man; then I went to this man's house, and he was in bed, he came to the door, I ask'd him if he saw Esquire Fisher's maid and my wife; he said no; then I said call your man, if he saw them, he did; he not knowing any thing of them, I went away to another house, and ask'd them, if they had seen her; then I came home, and it was near eleven when I got home; here is the serjeant major's wife to prove I was at her house at ten that night.

For the prisoner.

Mrs. Denman. My husband is a serjeant major; I remember the prisoner's coming to our house on the 17th of July last, about five in the evening

Q. How do you know it to be on the 17th of July?

Denman. Because there was a gentleman at the sign of the Bell, my husband and he was reckoning, and they set it down.

Q. What day of the week was it?

Denman. I can't tell.

Q. Recollect most clearly why you say it was on that day.

Denman. It was the 17th of July last.

Q. Are you sure it was July?

Denman. I am sure of it, because our cloathing us'd to be done sooner, by the 22d of June, and it was July when they were finish'd now, they were finish'd when my husband went away.

Q. When did your husband go away?

Denman. I can't tell the day, he has been gone 6 weeks last friday.

Q. Who had your husband a reckoning with?

Denman. He had a reckoning with Hen. Smith, I saw it to be the 17th of July, and the prisoner went over to borrow a shilling of my husband.

Q. What time did he go away?

Denman. At almost ten o'clock, it did not want a quarter of an hour.

Q. Was he drunk or sober?

Denman. He was very much in liquor sure.

Q. Did you know where he liv'd?

Denman. He liv'd at Acton for what I know.

Q. Once more, are you sure it was the 17th of July?

Denman. Yes, Sir, I am sure we never cloath'd before the 22d of June, and this year it was later.

Q. Are you sure this was the man that was at your house on the 17th of July?

Denman. Yes, Sir, I am quite sure of that.

Q. Was his wife living or dead?

Denman. I never heard whether she was living or dead, I never heard nothing of her, only when he was first inlisted, then she came to our house.

Court. Here have been a dozen witnesses who have sworn to the 1th of June to be the day, and the body was found on the 1st of July, and the surgeon examin'd the body on the 3 d, so that if you speak to the 17th of July, you see it was long after the woman's death.

Denman. Sir, it was the 17th of July when the prisoner was at our house.

Court. It is impossible, he was committed on the 9th of July to Newgate.

Denman. At the night that the murder was suppos'd to be done this man was at our house, at that time.

A messenger is sent for Henry Smith .

George Atkinson . I am a publican, and live in Purple lane, Hatton Garden; the prisoner was quartered at my house, he came for his money on a tuesday, he did not lie in my house, he was paid out of his quarters; I married the widow, he had been quartered upon her ever since he has been a soldier, I never saw him in my life before, I came there, which is about five months ago, his money was 9 d per week.

Q. Do you know any thing of him on the 17th of June?

Atkinson. No, I believe he came the week before he was committed, or that same week, it was not above a week or a fortnight before he was taken up, he came into the house with the corporal about 11 in the morning.

Q. Did you see him in the evening?

Atkinson. I know nothing what became of him in the evening; I know he behav'd very well in his quarters.

Prisoner. I was there only in the morning, and went to dinner in the Strand.

Charles Tompson . I keep the Plough at Kensington gravel pits; I never saw the prisoner till a day or two before he was committed, I am not certain as to the day; I remember his calling one evening lateish, and had a pint of beer, I don't know the day of the week, nor can be positive to the time, I believe it might be betwixt 10 and 11 at night.

Q. Was he fuddled?

Tompson. He did not appear to be fuddled; when he was carried by by the officers to go before Mr. Fielding, said he, don't you remember I had a pint of beer at your house one night; I said I do, but I can't tell what night.

Q. Was it a fortnight, or more or less, before he was committed?

Tompson. I believe it might be a fortnight, but I cannot any way be positive.

Q. How was he dress'd?

Tompson. He had on an old ragged frock, and a new regimental hat in his hand, I had some suspicion he had stole it, he said he was going to Acton, and wished he was there; he had no clothing that seemed regimental like; I took the hat in my hand, and said it was the lightest I ever felt.

John O I live at Cowley in Middlesex; I hearing the boy Taylor had given evidence against the prisoner. I happened to go that way, I asked him the question; he told me he could do him no harm, but the woman would do him most harm; he did not say what woman. I told him I heard the prisoner come home twice; he said he came home once he was sure, and that was in the morning.

Thomas Thornhill . I live at Uxbridge, I went with the prisoner's brother (the last witness) to the son in-law, I heard the boy say he could do him no harm, but the woman could do him most harm; and when he was asked, whether he came home more than once, he said he came home once he was sure, and that was in the morning.

Henry Smith comes into court (he is sworn)

Henry Smith . I am a labourer, and live with a corn chandler.

Q. Do you know serjeant Denman?

Smith. I do.

Q. Do you remember settling any account with him at the Bell alehouse?

Smith. No other than drinking a glass of punch with him; I never settled any account at all, I never had any account with him.

Q. Had he any dealings with your master?

Smith. No, none at all.

Q. Had you no dealings with him that required the day of the month to be sat down?

Smith. No

Q. Do you remember settling any account when his wife was by?

Smith. No, I had no other account to settle than when I was sent for; I am a soldier in the same company to which he belongs, that account is no other than delivering my old coat when I have a new one, there is no writing to that.

Q. Do you recollect when it was the company had new cloathing at the serjeant major's?

Smith. Sometimes one time and sometimes another, this year they have been considerably later than the former year.

Q. Was it in June, July, or August?

Smith. They do not all receive them regularly; this year it was in July, and some of the men had them delivered out in August, I had not mine till just the troops went abroad.

Q. Can you recollect whether any of them had their in June?

Smith. I cannot take upon me to say whether they had or not, I don't know that there were any so early as June.

Q. to Mrs. Denman. You have heard these questions ask'd, tell me what you would have me ask him, to make him recollect what account he was at the settling?

Denman. I cannot say what the account was, but my husband was reckoning up some account, I can't remember any particular thing.

Q. Was any other person there at the time?

Denman. There was another man nam'd Carver.

Smith. I know Carver, he was a soldier in the same company, he had no more account with the serjeant than I had.

Q. Do you remember being at the Bell with Carver, and the serjeant major?

Smith. I believe I was drinking some punch with them, it might be some time in July before the troops went abroad.

Q. to Mrs. Denman. Have you had time to recollect yourself, what was the day of the month that the prisoner was at your husband's house?

Denman. It was the 17th of July, I am quite sure of it, this man and Carver were both there when he came to borrow a shilling.

Q. to Smith. Do you remember this man coming to borrow a shilling.?

Smith. I remember there was a soldier came to borrow a shilling, but whether this is the man I can't say, neither can I tell whether Carver was there at the time; I did not know the prisoner before.

Henry Randal . I live at the Coach and horses at Norton hill; I remember the prisoner called at my house on a tuesday night, but what tuesday really I cannot say, nor what day of the month, I know it was on a tuesday, for I had been at Acton that day to buy a mare, it was some time in June.

Q. Was it before or after Midsummer?

Randal. I can't tell, he went away from our house between ten and eleven, as near as I can guess, but don't know whether he went either up or down the road.

Q. How was he dress'd?

Randal. He had a sort of a brownish sustian waistcoat on, and a hat that he came to town for in his hand, a new lac'd one.

Q. Had he a coat on?

Randal. I don't know whether he had or not, he had an old hat on.

Q. What do you say you know the day to be on a tuesday by?

Randal. I had been with an acquaintance buying a mare at the George at Acton.

Q. Can't you tell whether the prisoner had any thing over his waistcoat?

Randal. I really cannot.

Q. Who is that acquaintance you bought your horse of?

Randal. He is the man that keeps the George.

Q. Is he here?

Randal. No, he is not.

Q. Was the prisoner drunk or sober?

Randal. He did not seem to be much elevated in Liquor.

Q. What did he drink at your house?

Randal. He had two three halfpenny glasses of rum.

Q. Had you heard of the murder then?

Randal. No, I had not.

Q. How long after this was it, that you heard of the murder?

Randal. Upon my word I cannot tell how long after; I remember I heard by people that came into the house, that a soldier's wife was murder'd, but I can't recollect the first time I heard it.

Q. How far is your house from Mr. Thompson's house at the Plough?

Randal. It is about 400 yards.

Mr. Bristow. I live at Acton; I know Mary Middleton .

Q. What is her character?

Bristow. I never heard a good one of her; I heard she was a naughty woman before her husband marry'd her.

Q. Did you hear her give her evidence at Mr. Fielding's?

Bristow. I did; I think there she differ'd from what she has said here.

Q. Wherein?

Bristow. There she said, she had seen the prisoner between the eighth and ninth at night, on the 17th of June.

Q. What has been h er character since she has been married?

Bristow. I never heard any thing ill of her since.

Guilty . Death .


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