Offences: Killing > murder; Killing > murder
Verdicts: Not Guilty; Guilty; Not Guilty
Punishments: Death > death and dissection; Death > executed
404, 405, 406. (L.) James Brownrigg , Elizabeth his wife , and John their son , were indicted, for that they, not having the fear of God before their eyes, but being moved by the instigation of the devil, did wickedly, maliciously, and feloniously, from the 1st of May 1766, and divers other days and times, to the 4th of August 1767, make an assault on Mary Clifford , spinster ; that the said Elizabeth, her the said Mary, wilfully, and of malice aforethought, did make an assault, with divers large whips, canes, sticks, and staves, and did strike, beat, and whip, over the naked head, shoulders, back, and other parts of her naked body, in a cruel and in human manner, giving to her divers large wounds, swellings, and bruises; and with divers large hempen cords, and iron chains, round the neck of the said Mary, did bind and fasten, giving her thereby a large and violent swelling on the neck of her the said Mary; and in a certain place, under the stairs, leading into a cellar, in the dwelling-house of the said James, did fasten and imprison; by means of which striking, whipping, binding, fastening, confining, and imprisoning her the said Mary, she did pine and languish till the 9th of August, when the said Mary did die .
And the said James and John his son, of malice aforethought, were present, abetting, comforting, and maintaining her the said Elizabeth the said Mary to kill and murder .
And her the said Elizabeth and James her husband, stood charged on the coroner's inquest for the said murder. *
Mary Mitchel sworn.
Q. Do you know the nature of an oath?
M. Mitchel. I do, I can say my catechism.
Q. Where did you live?
Q. How long have you served of your time?
M. Mitchel. I have served two years of my time last May; I was there two months upon liking before I was bound.
M. Mitchel. She was there about a year and a half; she was there a month upon liking.
Q. How was she treated during that month?
M. Mitchel. Very well.
Q. Had she a good bed to lie upon while upon liking?
M. Mitchel. She had.
Q. When did any ill usage begin?
M. Mitchel. About a week, or a little more, after she was bound.
Q. What sort of ill usage?
Q. Did you see any body else strike her?
Q. Where did she lie after she was bound apprentice?
M. Mitchel. Sometimes on the boards in the parlour, sometimes in the passage, and very often down in the cellar.
Q. How came she to lie there?
M. Mitchel. She had the misfortune of wetting the bed; that was the reason of her being moved; at first she had a mat to lie on.
Q. Had she any thing to cover her?
M. Mitchel. Sometimes she had her own clothes, and sometimes a bit of a blanket.
Q. Was there any particular place where she used generally to lie?
M. Mitchel. Yes, in the cellar, where they used to lock us in; it goes under the kitchen stairs.
Q. How big was the place under the stairs?
M. Mitchel. It is about the bigness of a closet; it went in and turned under the stairs.
Q. Had she any bed there?
M. Mitchel. Sometimes she had a bit of a sack with some straw in it.
Q. What had she to cover her?
M. Mitchel. Sometimes she had something to cover her, and sometimes a bit of a blanket, and sometimes she was quite naked.
Q. Did she chiefly lie there?
M. Mitchel. She did.
Q. How many beds had your master in his house?
M. Mitchel. There was a bed in every room in the house.
Q. Were there any lodgers in the house?
M. Mitchel. She was an hungry for want of victuals, and she got up one night and opened the cupboard-door, thinking to get some victuals.
Q. When was that?
M. Mitchel. I cannot tell justly when it was, it may be pretty near twelve months ago.
Q. Was she found out in going to the cupboard?
M. Mitchel. My mistress I think it was that found the cupboard door broke open.
Q. What did she take out of the cupboard?
M. Mitchel. There was nothing for her to take out.
Q. Was you with her?
M. Mitchel. No, I was not.
Q. What was done to her upon this?
M. Mitchel. My mistress made her strip naked to wash, and beat her all the while at times.
Q. How long was she washing naked?
M. Mitchel. She was naked washing all the day.
Q. What time of the year was it?
M. Mitchel. I fansy it was warm weather.
Q. How many times did she beat her that day?
M. Mitchel. I cannot justly tell; she beat her every now and then.
Q. How old was she?
M. Mitchel. She was going into fifteen.
Q. Was she taller or shorter than you?
M. Mitchel. She was taller a great deal than me.
Q. What did she beat her with?
M. Mitchel. She beat her with a stump of a riding whip.
Q. On what part did she beat her?
M. Mitchel. Her head and shoulders were mostly beaten.
M. Mitchel. Down in the cellar under the stairs.
Q. Was there any window to the place where she lay?
M. Mitchel. No, there was not.
Q. Was there any hole to let in light?
Q. Who took them out?
M. Mitchel. I was employed to take them out; my mistress ordered me to shift them out into a large coal-hole; then Mary Clifford continued to be there.
Q. Was it of her own accord?
M. Mitchel. No, my mistress went down with her, and saw her locked in with a small padlock the first time she lay there; she was locked in on nights.
Q. What time had she used to be locked in?
M. Mitchel. Just before candle light.
Q. Did your mistress always lock her in?
M. Mitchel. The apprentice locked her in sometimes, sometimes I was locked in with her.
Q. Did any body else lock her in?
M. Mitchel. The youngest son (he is not here) he has locked her in, and John the eldest son has locked us in, when they have gone into the country on a Saturday night, and they have returned on the Sunday night; I used to be locked in with her from the Saturday night to the Sunday night.
Q. How often may they have gone into the country on a Saturday, and staid till Sunday night?
M. Mitchel. I believe they may six or seven times.
Q. Had you any bed to lie on in that place?
M. Mitchel. No, we used to get some rags out of the fore-garret, and sometimes we had used to put our own clothes on; sometimes we had only a boy's waistcoat; my mistress used to order us to take off our clothes.
Q. For what reason?
M. Mitchel. She never told us why; if she saw a hole in our clothes, she would say we should not wear them.
Q. Who was to provide you with clothes?
M. Mitchel. She did.
Q. When did you use to be let out?
M. Mitchel. On the Sunday night.
Q. What victuals had you to eat the time you were in?
M. Mitchel. A piece of bread, nothing but bread.
Q. Had you any thing to drink?
M. Mitchel. No.
Q. Did you not ask for water?
M. Mitchel. No, we were not a-dry when we were put in.
Q. Were you never a dry when you were there?
M. Mitchel. Yes, we were.
Q. How came it that you did not think of water after you had been locked up?
M. Mitchel. We did not use to think of any thing.
Q. Who generally locked you up on Saturday nights?
Q. Did your master ever lock you up?
M. Mitchel. I think he did no more than once; John used to stay in town after my master and mistress were gone in the country, till Sunday morning; he locked us up on Saturday nights.
Q. Did he let you out on Sunday mornings?
M. Mitchel. No, he never came near us on Sunday mornings.
Q. Who used to unlock the door on Sunday nights to let you out?
M. Mitchel. The apprentice boy.
Q. Who else?
M. Mitchel. The youngest son; I do not recollect any body else.
Q. How long ago.
M. Mitchel. About half a year ago.
Q. In what manner did he beat her, and for what?
M. Mitchel. Once he beat her with a leather strap, for not turning up a parlour bed; she was trying to turn up a press bed, and could not, so he took a leather strap which my master used to put round his waist, for my mistress to lay hold by when she rode behind him.
M. Mitchel. She had on a boy's waistcoat, it was a very old rag, it did not cover her well; it came very high before, but was torn on each shoulder; it did not cover her behind.
Q. Was it buttoned?
M. Mitchel. No, it was pinned.
Counsel. He did not beat her hard?
M. Mitchel. He did, as hard as he could strike; she seemed as if she had not strength to turn up the bed; she had lifted it, but could not push it up; he said he would make her lift it up, he knew she could.
Q. Was she attempting to raise the bed when he beat her with this leather belt?
M. Mitchel. She was.
Q. Did he hurt her much?
M. Mitchel. Yes, I believe he did; her head and shoulders were not well at the time she had
Q. Which end of the belt did he strike her with?
M. Mitchel. By all appearance it seemed to be by the buckle end; I cannot say I actually saw the buckle.
Q. Was you by?
M. Mitchel. I was in the room all the time.
Q. Why do you say you believe it was the buckle end, if you did not see the buckle?
M. Mitchel. Because she bled so much.
Q. How long was he in beating her?
M. Mitchel. I cannot tell; he might be about five minutes.
Q. How many blows did he give her?
M. Mitchel. I cannot tell, he gave her a great many; he struck her eight or ten times, and then he would stop, to see if she would put up the bed; after that, he struck her again, and after he had beat her, he pushed the bed up himself.
Q. Did she bleed much?
M. Mitchel. There was a pretty deal upon the ground.
Q. Where must it come from?
M. Mitchel. Chiefly from her shoulders; her shoulders were bleeding.
M. Mitchel. I am very sure it was.
Q. What quantity do you think there was of it?
M. Mitchel. I believe there might be better than a tea-spoonful, it was a little puddle.
Q. Had she stockings and shoes on?
M. Mitchel. She might have shoes on, but stockings she seldom wore.
Q. Did you see blood upon her legs?
M. Mitchel. I do not recollect that I did.
Q. Whether the waistcoat she had on was bloody?
M. Mitchel. That I cannot justly say; there was blood upon her head.
Q. Recollect who else you saw beat her?
M. Mitchel. Once I saw James my master beat her with an old hearth-brush; I never saw that but once to my knowledge.
Q. Can you recollect the time your master beat her?
M. Mitchel. That I cannot justly say; I cannot pretend to tell, because I do not know how time passed.
Q. Where did your mistress use to beat her most?
M. Mitchel. She used to beat her in the kitchen most.
Q. Can you remember any particular time?
M. Mitchel. No, I cannot.
Q. When did you see it first?
M. Mitchel. I cannot justly say.
Q. In what manner did she use to beat her?
M. Mitchel. She used to tie her up in the kitchen; when first she began to be at her, she used to tie her up to the water-pipe, with her two hands drawed up above her head.
Q. Describe that water-pipe.
M. Mitchel. That goes across the kitchen; the hooks that hold it are fastened into a beam.
Q. Had she used to have her clothes on when your mistress tied her up in this manner to beat her?
M. Mitchel. No, no clothes at all.
Q. How came that?
M. Mitchel. It was my mistress's pleasure that she should take her clothes off.
Q. What had she used to beat her with?
M. Mitchel. She beat her most commonly with a horse-whip.
Q. How long did she use to beat her in this manner?
M. Mitchel. I cannot justly say, but she seldom left off till she had fetched blood.
Q. What sort of a whip?
M. Mitchel. It was a riding-whip, that my master used to ride with.
Q. How long was it?
M. Mitchel. I fansy it might be a yard long; she was tied to the water-pipe no longer than while my mistress was beating her.
Q. When did your mistress begin to tie her up to the water-pipe?
M. Mitchel. To the best of my remembrance it was before the warm weather began this year, but I cannot justly say; lately she has been tied up to a hook.
Q. Give an account of that hook.
M. Mitchel. There was one day talk about a hook; my mistress was angry, and asked my master why he did not put up the hook; he told her he would, and that day he did put up the hook.
Q. In what way did she express her anger?
M. Mitchel. She said she would beat us.
Q. Why did she talk of beating?
M. Mitchel. We were both to be beat.
Q. How long is that ago, since they talked about putting up the hook?
M. Mitchel. I believe it is about three months ago.
Q. Whereabout did he put up the hook?
Q. What time of the day did she ask her husband to put up the hook?
M. Mitchel. That was towards dinner-time; she was threatening us then.
Q. How was it fastened up?
M. Mitchel. There was a screw went into the beam, and the part the rope went into was like a ring.
Q. After it was up, what use was made of it?
M. Mitchel. No other than to tie us both up.
Q. After it was put up, how long was it before any body was beat?
M. Mitchel. I cannot justly say; I believe in less than a week.
M. Mitchel. No body made use of it but my mistress; we were tied with our hands over our heads, and the rope went through the ring.
Q. How was she dressed when tied up?
M. Mitchel. She was never dressed when tied up; she never was tied up but when she was quite naked.
Q. By what part was she tied?
M. Mitchel. She was only tied by her hands; she was always beat till she bled.
Q. Was she often tied up to that hook?
M. Mitchel. She was very often.
Q. How often?
M. Mitchel. About once a week.
M. Mitchel. No, there was no body to assist her; she was always beat with the whip.
Q. Did any body beat her when she was tied up to the hook besides your mistress?
M. Mitchel. No, no body else did; John came down once when my mistress had been beating her.
Q. How long was this before you were taken away?
M. Mitchel. This might be about six months before the hook was put up: my mistress told him she could not make her do any thing.
Q. Was this before John beat her about the press-bed?
M. Mitchel. I believe it was not long after that.
Q. What passed?
M. Mitchel. She had been beating her with the whip, quite naked; she was then tied up, to the best of my knowledge, to the water-pipe; she desired him to take the whip and beat her; then Mary Clifford was just let down; he took the whip, and gave her some very hard strokes, but did not continue beating her long.
Q. Was she naked then?
M. Mitchel. She was.
Q. How long had she been beating her?
M. Mitchel. She had not been beating her long; I cannot say how long.
Q. What was the condition of her body?
Q. Where was you at this time?
M. Mitchel. I was in the kitchen all the time; John beat her with the whip on her naked body.
Q. On what part did he more particular strike her?
M. Mitchel. I believe he did not strike on any part particularly.
Q. Do you know any thing of a jack-chain?
Q. Was it done very tight?
M. Mitchel. I believe it was as tight as it could be round her neck, without choaking her.
Q. How long was that put on before you were taken out of the house?
M. Mitchel. I believe it might be a month or six weeks before we were taken away.
Q. How was it fastened?
M. Mitchel. It was fastened by one ring being fixed in another.
M. Mitchel. I cannot tell whether she could or no.
Q. What was she fastened there for?
M. Mitchel. Because she was very dry in the night, and she got out, and broke some boards down; she was to scour the copper, and was chained to the yard-door all day, and loosed from the door on nights, just before dark, but sent down into the cellar with her hands tied behind her, with the chain on her neck.
Q. Had she her clothes or waistcoat on?
M. Mitchel. I cannot say whether she had or not; she was locked into the cellar under the stairs all night.
Q. Who tied her hands?
M. Mitchel. I saw them after they were tied; my mistress tied them.
Q. Who put the chain round her neck, and fastened her to the door?
Q. Can you say your master saw the chain put on?
M. Mitchel. I cannot, I am not certain, but he saw it on after it was on.
Q. Which part of it was about her neck?
M. Mitchel. It was the iron part.
Q. What is your mistress by profession?
M. Mitchel. She is a midwife.
Q. Had she been out a little before you were taken away?
M. Mitchel. She had been in the country from the Saturday night till Sunday night; the next week, when she came home, she said nothing to us that night; on the Monday, the day following, she looked about the house, and said she could not find we had been doing any thing since she went out: she said she should give it us as soon as she had time, but she must go out then to see a gentlewoman she had laid; she was out till Friday, and came home in the evening.
C. for Crown. Now we are come to Friday the 31st of July; what did your mistress do on that day? do you know in what state of health the child was in that whole week?
M. Mitchel. She was in a very pretty good state of health, only her head and shoulders were sore, they were scabbed over; there were very great scabs on each shoulder, and three or four on the head; them on the head were in a fair way to get well.
Q. Were there scabs any where else?
M. Mitchel. I do not know that there were.
Q. What clothes did she wear that week?
M. Mitchel. She wore her gown and petticoat that week.
Q. How did she speak?
M. Mitchel. She could speak pretty well.
M. Mitchel. About ten in the morning, after she had done breakfast, she went down in the kitchen, and tied Mary Clifford up to the screw-hook, and said she would make her remember to work when she was out.
Q. Had she done any particular offence that day?
M. Mitchel. No, not as I know of; my mistress did not charge her with any offence committed on that day, or the night before; my mistress told her she had not forgot her two or three times when she saw her at night; for two or three different nights, as she came home, she took and tied Mary Clifford 's hands, and fastened the rope to them, and put that thro' the hook; this was about ten o'clock, I was in the kitchen at the time, there was no body there but us three; she horse-whipped her very much all over her, there were drops of blood under her as she stood, she struck her with the lash when she let her down as she was at her washing, and with the butt-end of the whip over the head, as she was stooping at the tub, and complained she did not work fast enough.
Q. How many times did she strike her with the butt-end.
M. Mitchel. Two or three times.
Q. Did she beat her any more that day?
M. Mitchel. Yes, she tied her up again naked.
Q. How soon after?
M. Mitchel. I cannot justly say how soon after; to the best of my knowledge I saw her tied up five times that day, and whipped by my mistress; I think my master and John were out that day, except their coming home to dinner; Mary Clifford had not her clothes on all that day, and my mistress gave her two or three strokes every time, but not so severe as before.
M. Mitchel. I cannot say, she was either about the passage or locked in.
Q. Where were her clothes?
M. Mitchel. To the best of my knowledge they were in the kitchen, but she was charged not to put them on; she has been charged not to put them on many times by my mistress, when I have not heard it.
Q. What makes you say she was charged not to put them on if you did not hear it?
M. Mitchel. Because she would have put them on, if my mistress had not charged her to the contrary; my master or any body else would have bid her put her clothes on except my mistress.
Q. Had she her clothes on the next day?
M. Mitchel. She put them on on the Friday night, that is a gown and petticoat, and she had them on on Saturday; to the best of my memory she was not out till the Sunday in the afternoon.
Q. Where did your master and mistress dine?
M. Mitchel. They dined in the parlour.
Q. Where did the girl lie on the Saturday night?
M. Mitchel. I cannot say where she lay that night.
M. Mitchel. Yes, she was about just to sweep the room, and clean the sink in the back-parlour.
Q. Where were the family then?
M. Mitchel. I think, to the best of my knowledge, the family was all then in the back-parlour; to the best of my knowledge, my master, and John, and my mistress were there.
Q. How was the girl dressed?
M. Mitchel. She then had a boy's waistcoat on till the afternoon; I do not recollect she had any thing on her head, that was very bad then; the waistcoat was put on when she was bad, to go in to clean the room before dinner; that was between breakfast and dinner; she went about the room naked before the waistcoat was put on; her shoulders were in a very raw condition.
Q. Did no body take notice of the condition her head and shoulders were in?
M. Mitchel. No, not as I know of.
Q. Can you recollect the day you was taken away?
M. Mitchel. Yes.
Q. Who was at home before the people came?
M. Mitchel. My mistress, my master, and John were.
M. Mitchel. I believe my mistress thought she had hurt her.
Q. What day was that?
M. Mitchel. That was the Tuesday before the Friday.
Q. Was she up-stairs before any body came to enquire for her?
Q. What was the matter with her throat?
M. Mitchel. It was very much swelled, and her head also; her throat was so swelled, that her chin and cheeks and all were quite even; it begun to swell on the Friday; my mistress began to put that poultice to it on the Monday night.
Q. Who saw her in this condition?
M. Mitchel. James my master did, and John his son was at home when they came to enquire for her, and so was my mistress.
Q. How many doors is there to your master's house?
M. Mitchel. There is one that opens into Flower-de-luce court, and one into Fetter-lane, that was always double locked, and the key in the parlour; the street-door was never opened, unless somebody in particular came, so that I and Mary Clifford could not go out.
Q. Who used to lock it?
M. Mitchel. That I cannot justly say; the other door my mistress or master or apprentice kept the key of when they happened to be at home.
Q. Was there any place open by which you could tell any body your complaint?
M. Mitchel. No, the parlour and other rooms have lately been kept locked.
Q. How long have they been kept locked?
M. Mitchel. I cannot tell justly, they were all locked, except the two garrets; the bed-chambers were all kept locked, there was none but the best parlour made use of; that parlour towards Fetter-lane was never made use of.
Q. Could you not at any time go through the parlour, and out into Flower-de-luce court?
M. Mitchel. No, there was always somebody in the shop or parlour.
Q. How often was you out of that house before you was taken out?
M. Mitchel. I have been to Islington with the family three or four times.
Q. When was the last time?
M. Mitchel. That was eleven months ago.
Q. Was not Mary Clifford sent out sometimes of errands?
M. Mitchel. I do not remember she ever was since she was bound apprentice, only she has been with the family at Islington, that is a good while ago; I think I was the last that was there of us two; I do not remember she was ever sent out of the house after she was bound.
Q. Did not she cry when her mistress whipped her?
Q. Describe whereabouts the kitchen is.
M. Mitchel. The kitchen is next to Fetter-lane, under ground.
Q. Do you think what you have said is strictly true?
M. Mitchel. I think it is.
Q. Did you, when before the coroner, say that your master had never given this girl one blow?
M. Mitchel. I did not say one blow, but I said he had not stript her in the manner my mistress did.
Counsel. I think you said he never beat her
Q. Whether you did not say your master never did strike you?
M. Mitchel. No, I do not think I did say so; I think I was asked whether my master ever struck me with my clothes off.
M. Mitchel. No, my master and mistress were at their lodgings at Islington.
Q. Do you know that the cupboard-door was broke open?
M. Mitchel. It was broke open to be sure, the nails were almost out; that was the time when my mistress set her to washing naked.
Q. What had used to be in that cupboard?
M. Mitchel. There used to be bread and meat, and earthen plates, and such things.
Q. Did your master ever lock the deceased in under the stairs?
M. Mitchel. Once I think he locked us in.
Q. Are you sure of that?
M. Mitchel. I am, but I cannot justly say how long it is ago, it was on a Sunday.
Q. How long before you got out?
M. Mitchel. I believe about a month before, then my mistress was down in Hertfordshire.
Q. How long did you stay in that place when your master put the lock upon the door?
M. Mitchel. We did not stay there above half an hour.
Q. Who let you out?
M. Mitchel. The apprentice did.
Q. Who generally locked you up?
Q. Who gave you the bread there?
Q. How many times did he beat her?
M. Mitchel. I do not remember he beat her more than twice.
Q. When was the last time?
M. Mitchel. That might be two or three months before we got out.
Q. Can you say you saw a tea-spoonful of blood upon the ground?
M. Mitchel. It did not seem like drops, it was more like a puddle.
Q. Did you see any part of the waistcoat bloody?
M. Mitchel. That I cannot say.
Q. Can you recollect whether the old scabs were broke at that time?
M. Mitchel. I think that must have been the case.
Q. Whether there were any marks at that time of the old sores by the beating of the son, or were they well?
M. Mitchel. Her head and shoulders were never quite well from the first time of beating.
Q. Was there not a hook which they run the spits through in the cellar?
M. Mitchel. There were two very large hooks, they were there when I was taken away.
C. for Crown. I saw them there two or three days ago.
Q. Can you give a reason why you was not tied up to them as well as to the other hook?
M. Mitchel. We were tied up to the other, because my mistress chose we should not have any thing to save ourselves by; they two hooks are put over the grate, the other was nearer towards the wall.
M. Mitchel. That was a great while before we were taken away.
C. for Crown. We do not look upon it that any blow given by the husband was the occasion of her death.
Q. Were you both locked up?
M. Mitchel. We were.
Q. When you was tied up, was your master at home?
M. Mitchel. It was most commonly when he was not at home.
Q. Do you remember any thing of the deceased's falling down stairs?
M. Mitchel. I think that was one day that week when we were taken away before the Friday.
Q. Did she say any thing to you about it?
M. Mitchel. She told me the saucepan handle had hit her, and hurt her somewhere about the face.
Q. What was she carrying when she fell down?
M. Mitchel. I think she was carrying a saucepan down stairs.
Q. Do you remember any thing of a pail of water?
M. Mitchel. She had been scouring the stairs, and I think the pail catched her, and occasioned the fall.
Q. Was she much hurt?
M. Mitchel. She told me she had hurt herself very much with the saucepan on one side of her face.
M. Mitchel. No, she did not.
Q. How many stairs did she fall down?
M. Mitchel. She fell down near all, I believe about eight or nine.
Q. How does the kitchen receive light?
M. Mitchel. From a sash-window with iron rails before it.
Q. Could not you throw the sash up?
M. Mitchel. We might; but if we did, some of them would hear us.
Q. Was you very often with the apprentice?
M. Mitchel. I was.
Q. Did you never complain to him?
M. Mitchel. Sometimes I did.
Q. Did you never desire him to apply to any body.
M. Mitchel. No.
M. Mitchel. I cannot say he ever did, sometimes he has taken the whip out of the house, and carried it to the stable.
Q. For what has he done that?
M. Mitchel. I cannot tell; he used to ride out.
Q. Did he not carry it there before riding out?
M. Mitchel. No, he did not.
M. Mitchel. Yes, she has been beat with a walking cane.
Q. Had she not a scald head?
M. Mitchel. No, she had not.
Q. Was not her head shaved?
M. Mitchel. I never remember her head being shaved till she came to the hospital.
M. Mitchel. Yes, I did.
Q. Did not she and you quarrel and fight?
M. Mitchel. We never fought. I have quarrelled with her when she has quarrelled with me, but we never fought.
Q. Do you not believe your master carried the whip from the house to prevent your mistress making use of it upon you?
M. Mitchel. I cannot tell that, he has come home and left it at the stable, and my mistress has sent the apprentice boy for it.
Q. Did you never complain to your master o your being tied up?
M. Mitchel. Once I did.
Q. What did he say to it?
M. Mitchel. He said he was sorry, but I should mind my business; I complained that time when the whip was carried to the stable on the evening; the next morning my mistress wanted it; I had been beat, and was very sore.
M. Mitchel. I cannot justly say how long it may be ago, I believe it may be about eight months; we used to be in that hole since the coals were out.
Q. from James. Was there nothing put into that place?
M. Mitchel. There were some chips and shavings put in it about a month ago, but there were no chips and shavings in it when we were confined in it.
Q. Was you never bid by your master and mistress, not to go to the coal-hole, fearing you should set fire to the shavings?
M. Mitchel. No.
Q. from Elizabeth. Have I not sent down to you and the other girl, when you have been sitting with your clothes over your heads, to come up; and have I not beat you for lying there and neglecting your business?
M. Mitchel. No. We have often chose to go up into the shop and grind the white lead, rather than stay in the coal hole; we never went there without we were sent there, and fastened in.
Q. from James. Was you ever at Islington; and did you walk or ride there?
M. Mitchel. I rode there once, behind my master's youngest son, when the other was sick there, and once I walked there.
Q. from James. Do you remember riding in a coach there?
M. Mitchel. We had lodgings in Frog-lane, and I went there in a coach once.
Q. from Elizabeth. How long is it since you went with the other girl, to carry coals under your arm?
M. Mitchel. That was a great while before any of this cruelty begun.
Q. from James. Can you remember how long it is ago, since Mrs. Jones and her grand-daughter were at Islington, and you was there?
C. for Crown. They were taken out of the house the 4th of August.
George Benham sworn.
Q. When was you bound?
Q. Were there any other servants there besides them?
Benham. No, there was not.
Q. How long after you came into the house was it that you saw your mistress beat her?
Benham. In about two months after I was bound.
Q. What did she beat her with?
Benham. She beat her with the end of a horsewhip, or stick, or any thing that came in her hand as she ran by.
Q. Did you ever see her tied up?
Benham. No, I never did.
Q. Had she clothes on when she was beat?
Benham. She had her own clothes on, a light camblet gown.
Q. Did you never see her naked?
Benham. No, I never did, to my knowledge.
Q. How had you used to spend your Sundays?
Benham. I used to go to church in the forenoon, and sometimes in the afternoon I used to go and see my sister.
Q. Where had your master and mistress used to go on Sundays?
Benham. Sometimes they used to go out on the Sunday into the country, and sometimes they went on Saturday nights, and returned on the Sunday night.
Benham. I do not know; I went out with my master sometimes on a Saturday night, when they went into the country.
Benham. Sometimes in the coal-hole, and sometimes in the passage.
Q. Why did she lie there?
Benham. My mistress used to say, she befouled herself sadly, and rotted the beds to pieces; that was the reason she did not lie in a bed.
Q. Did both the girls hurt the bed?
Benham. I thought the other girl used to lie most commonly in my mistress's room.
Benham. Once I did.
Q. By whose order did you do that?
Benham. By my mistress's order.
Q. What time of the evening did you lock her up?
Benham. It may be about nine or ten o'clock.
Q. Was she let out again the next morning?
Benham. She was.
Q. Was she locked up alone?
Benham. She was.
Q. Had she her clothes on when you locked her up?
Benham. No, she had no clothes on, only shoes and stockings.
Q. How came she to be naked?
Benham. I do not know.
Q. Had you seen her lately on that day?
Benham. I had.
Q. Had she her clothes on then?
Benham. She had.
Q. When were they taken off, and upon what occasion?
Benham. I do not know: she asked me to get her some clothes to cover her, and said, she knew where the clothes were. I bid her go and take them in with her: she took in some old pieces of blanket, a piece of an old rug, and such things to lie on, and cover her. I was opening the door for her to go in when she asked me.
Q. Did your mistress give you any reason why this was done?
Benham. No, she did not, that made my heart ach to lock her up so naked.
Q. Did you not ask your mistress why she did this?
Benham. No, I did not.
Q. Have you seen her so naked since?
Benham. I never saw her so naked before or since.
Q. Did your mistress hit her with a whip or stick often?
Benham. It may be once a week.
Q. Did you look at her back when she was naked, to see if she had any wounds upon her?
Benham. No, I turned my head away, and would not look at her.
Q. Why so?
Benham. I thought she might have some cuts by being beat, and my heart ached.
Benham. I did, the day after.
Q. Did your master send you on any errand from thence to his house?
Benham. He bid me go and take down the hook which was fastened up to a beam in the kitchen.
Q. Did he give you any reason for so doing?
Q. Did you take it down?
Benham. I did, and put it into the top of a drawer in the shop.
Q. Did he not mention a whip?
Benham. He did not; he ordered me to burn all the sticks I could find. There was a piece of a rattan, a cane about a yard long, and a piece or two more of cane and the handle of a whip.
Q. How long was the handle of a whip?
Benham. That was about four inches long.
Q. Had you any particular reason for burning the handle of a whip as well as the sticks?
Benham. No, no more than the sticks.
Q. Did you know that when it was a whip?
Benham. I did, but that was not the riding whip.
Q. What became of the riding whip?
Benham. I do not know, that is in the country.
Q. How do you know that?
Benham. I rode with it, with the horse into the country, about a fortnight or three weeks ago, after my master was in the Compter.
Q. Where was the whip when your master went to the Compter?
Benham. It was at the Bell inn, in Holbourn.
Q. Did you ever see a chain round Mary Clifford's neck.
Benham. I do not recollect it was put round her neck; there was a chain; I saw her go into this coal-hole with a chain on.
Q. How long ago is that?
Benham. That may be four or five months ago. I cannot tell whether it was fastened, or whether she had it in her hand or not.
Q. Were her hands tied behind her?
Benham. No, they were not.
Q. Had she her clothes on, or naked, when she had the chain on.
Benham. She had a camblet gown on then?
Benham. I do; I have known her about three months; she came to our house, and asked for her daughter.
Q. How long was that before the girls were taken a way?
Benham. It may be about two months before.
Q. Was her daughter in the house then?
Benham. She was.
Q. Did she see her daughter?
Benham. No, I told her her daughter was not within.
Q. Did you not know she was within?
Benham. I knew she was within.
Q. Why did you tell her that falsity?
Benham. My mistress gave me orders, that when she came, to tell her she was not at home, or was gone out.
Q. Did she give you any reason why you was to tell her this?
Benham. She said the girl's mother was a bad woman, and might teach bad things to her daughter; she had never come before, as I know of. I did not know whether Mary Clifford had a mother or not, before my mistress gave me these orders.
Q. How long before the time of her mother's coming, did your mistress give you these orders?
Benham. It may be a month before, or more.
Q. Was the mother satisfied with this answer?
Benham. She was, and went away. I told her she was gone out with my master.
Q. Was your master or John by at the time you gave her this answer?
Benham. No, they were not.
Q. Did the mother come again after that?
Benham. She did in about a week, or not so much; my master gave her an answer that time, but I do not know what answer it was.
Q. Did she see her daughter?
Benham. No, she did not.
Q. Did the mother come at the time the overseers were there?
Benham. She was, I had seen her that morning standing on the foot of the stairs about nine o'clock.
Q. What time of the day did the overseers come?
Benham. About two or three in the afternoon.
Q. How was the girl dressed then?
Benham. She had a light camblet-gown on.
Q. In what condition was she?
Benham. Her face was swelled, she had a cap on, and a handkerchief put all round her neck; I fancy she had on a poultice.
Benham. I have.
Q. How often?
Benham. Once or twice a week the sores used to run I believe.
Q. For how many weeks?
Benham. For the last fortnight I have seen it bloody many times.
Counsel. Ten times?
Benham. I am not sure.
Q. Have you not seen her cap bloody before the last fortnight?
Benham. I have.
Q. When was the first time?
Benham. That I cannot recollect.
Benham. I was with him about a month or six weeks.
Q. Do you mean two months after you was there or two months after you was bound, that you saw your mistress beat her?
Benham. I mean two months after I was bound.
Q. How many blows might she receive when she has been beat?
Benham. Two or three blows.
Q. Did you master James ever do any thing to her?
Benham. I have heard him say to the girl, go along about your business, and push her along the parlour, when my mistress was going to beat her. My master met me once going home with the whip in my hand; my mistress had sent me for it; he asked me what I was going to do with it; I said, to take it home; he said, take it back with you, and go and dress the horse.
Benham. Never but once, to the best of my knowledge.
Q. Was the camblet gown her usual dress?
Benham. Sometimes she used to have a bit of a waistcoat on.
Q. Where did the other girl, Mary Mitchel lie?
Benham. To the best of my knowledge, she used to lie in the parlour with my master and mistress.
Q. When any body was at the door, who went to open it?
Benham. Sometimes me, sometimes my master's youngest son.
Q. Where was the key of the street-door kept?
Benham. That hung up by the side of the door.
Q. Have you ever seen either of the girls out of the house?
Benham. Yes, I have, she that is now alive.
Q. When was that?
Benham. About a fortnight or three weeks before my master was taken up; it was on a Sunday in the afternoon; she walked to Islington.
Q. How long did she stay there?
Benham. I cannot recollect that; my master's youngest son and I followed her.
Q. How often has she gone to Islington?
Benham. She has gone there twice.
Q. Was she ever out at the door upon any other business?
Benham. To the best of my knowledge she never was.
Q. Do you know how often Mary Clifford changed her cap?
Benham. I do not.
Q. Was it the same cap, or different caps, that you saw bloody?
Benham. Indeed I cannot tell.
Q. How was it, clean or dirty, when you first saw it?
Benham. It was a clean cap.
Q. At the latter end of your seeing it, what was it then?
Benham. It was dirty.
Q. Did it not appear as if it had been worn a fortnight?
Benham. No, it did not.
C. for Crown. Do you mean to be understood, that the cap was only bloody once, or do you mean you saw it bloody at different times?
Benham. At different times.
Q. Do you mean the same blood, or different bleedings?
Benham. I cannot tell that.
Benham. I have.
Q. How many times?
Benham. Once or twice she has bid her put her things off.
Q. What time of the day or night was this?
Benham. I believe it was in the day-time.
Q. Did she give a reason why?
Benham. Not to my knowledge.
Benham. No, never to my knowledge.
Q. from Elizabeth. Do you remember both the girls lying together in my room?
Benham. No, I do not.
Q. The girls both being named Mary, what name was the deceased called by?
Benham. By the name of Nanny, and Mitchel was called Mary.
Q. When the deceased's mother came, what name did she mention?
Q. Did you know who she was enquiring after?
Benham. I did.
Benham. She used to lie sleeping about the dust-hole, or any where.
Q. At wha t time of the day?
Benham. Sometimes in the middle of the day, and the afternoon.
Q. Would she go there of her own accord?
Benham. Yes, no body ordered her to go there to my knowledge.
Q. Was it after she had any anger from her master or mistress?
Benham. That I cannot say; I have been sent to stand on the stairs to call her.
Q. In what condition did you find her?
Benham. She has had her gown on, much the same as she used to be.
Q. Did she never complain to you?
Benham. No, never to my knowledge.
Q. from Elizabeth. Do you remember her being sick, and her lying about on that occasion?
Benham. No, I do not.
Q. from Elizabeth. Was there ever a door to the coal-hole?
Benham. No, there was not.
C. for Crown. Was there a door to the little place under the stairs?
Benham. Yes, there was.
Q. from James. In what condition was the coal-hole?
Benham. It was fouled all over, all upon the top of the coals.
Q. How long had that hook been up, that you took down by your master's order?
Benham. That I do not know.
Q. Do you know what it was put up for?
Benham. No, I do not.
Q. Do you know what use was made of it?
Benham. I saw this girl that is now alive done up to it; she had a rope rope round her hands; but whether she was tied to the water-pipe or not, that I do not know.
Mary Clifford . I married the father to the deceased girl, seven years ago last May; she was with me about four years; her father went away and left me, and I delivered her up to the parish, and went into Cambridgeshire, and returned here again last Midsummer day; I went to the prisoner's house in Flower-de-luce court, to enquire for the deceased; there a boy answered me, and said there was no such person lived there, so I went away; then I went to the beadle of the parish, and asked if my girl was apprentice there; he said she was; then I went again, and asked for her again, and the boy denied her again.
Q. Who did you see at the house?
M. Clifford. I saw none, but the boy; he said there was no such person there; I went away, and let it alone a little while, and sent another person; they received the same answer; then I went again, then James the father opened the door; I asked for the gentlewoman of the house; he said, what did I want with her? I said, I wanted to see Mary Clifford their girl; he said there was no such person lived there; he threatened, if I came to breed any disturbance there, he would have me before my Lord-Mayor; then I went home: after that a baker's journeyman and apprentice that lives near them, came and told me the girl was there, and sadly used; I went up to the parish-officers, and told them of it; I went with them to the prisoners house; this was about a fortnight after the other time of going; the officers went in first; they denied the girl to the officers; they said there was no such girl there; then they beckoned to me, and I went in; then they said the girl was gone into Hertfordshire.
Q. Who said that?
M. Clifford. That was Mr. Brownrigg; Mrs. Brownrigg came out of the parlour into the shop, and did not speak a word, but ran away directly; I saw John the son at the time, but he did not speak a word.
Q. Do you think the woman heard you ask for the girl?
M. Clifford. She was in the house, and I think must hear me; the parish-officers said they would see the girl, and the man denied all the time that she was in his house, but that she was in Hertfordshire; they brought Mary Mitchel to us: then the officers searched for my girl, but could not find her; and when Mr. Brownrigg found he must go
Q. Who produced her?
M. Clifford. The son John did, there was a good deal of trouble first; the officers said they would make him produce her, or they would make him suffer; then Mr. Brownrigg sent for a lawyer; he told the lawyer he was charged on suspicion of murder, that they had threatened to send him to the Compter, and when they were going to do it, he produced her.
Q. What condition was she in?
M. Clifford. She was in a sad condition indeed, her face was swelled as big as two, her mouth was so swelled she could not shut it, and she was cut all under her throat, as if it had been with a cane, she could not speak; all her shoulders had sores all in one, she had two bits of rags upon them.
Q. Did you see where they fetched the girl from?
M. Clifford. No, I did not.
Q. What do you mean by all in one?
M. Clifford. Her shoulders were all cut to pieces.
Q. What do you imagine they were cut by?
M. Clifford. I suppose they were cut by whips or sticks, they had that appearance; her head was cut, she had a great many wounds upon it, and cuts all about her back and her legs; when I pulled her shoes and stockings off at the workhouse, I found her legs cut cross and cross, as if done with a thin end of a whip, and her back worse than her legs, and a very bad wound upon one of her hips.
Q. Did they appear as if any care had been taken of them?
M. Clifford. No, they did not.
Q. Was any thing applied to her throat?
M. Clifford. No, there was not.
Q. How often had you seen the husband before that time you went with the officers?
M. Clifford. I saw him but once before, and that might be a fortnight before.
Q. What answer did he make you?
M. Clifford. I said I wanted to see the girl; he said she wanted for nothing, and she did not want to see me.
Q. Had you told him who you was?
M. Clifford. I had, I said I was her mother-in-law.
Q. Did the wounds appear to be fresh done?
M. Clifford. Some seemed to be old, and some fresh done.
William Clipson . I am apprentice to Mr. Deacon, a baker in Flower-de-luce court, the next door to Mr. Brownrigg; my master and mistress both to'd me Mr. Brownrigg had apprentices there; there are leads cover his yard and my master's, and skylights to each: on Monday the 3d of August I was up at a two pair of stairs window, on the stair-case that commands Mr. Brownrigg's skylight; the sky-light window being taken off, I saw through that down into the yard; there I saw Mary Clifford , her back and shoulders were cut in a very shocking manner, and likewise her head; I observed her hair was red, she had no cap on, I saw blood and wounds on her head.
Q. Did you know her before?
Clipson. I had never seen her before as I know of; then I went down to the one pair of stairs, and crawled out at a window upon the leads; I crept on my belly to the sky-light, and laid myself cross it; I looked down, there I had a full view of her; I spoke to her two or three times, but could get no answer; I tossed down two or three pieces of mortar, and the third piece fell upon her head; then she looked up in my face, I saw her eyes black, and her face very much swelled; she made a noise something like a long Oh; and then drew herself backwards; I heard Mrs. Brownrigg speak to her in a very sharp manner, and asked what was the matter with her.
Clipson. I knew her voice, I had heard her scold at them several times before; then I went down and told my mistress what I had seen, and what a shocking condition the girl was in; then a watchmaker's wife, that lives opposite to us, went and found out the girl's mother-in-law, and she came to our house; we told her what I had seen, and what a condition the girl was in; she cried and went the next day to the overseers of the parish; they came on Tuesday the 4th with her; they went into the house; James, the father, said the girl was at Stanstead in Hertfordshire, and had been there a fortnight; I went in, and said I would take my oath I saw her the day before, which was the third; he said, she was looking after his daughter that had the hooping cough; I said, according to the description Mrs. Clifford gave of her, I believed it was she, and that she was in a very deplorable, bloody and shocking condition, with several wounds upon her; he swore by G - d she was not in the house; when Mr. Grundy insisted upon seeing the girl, I justBrownrigg; she turned about, and shut the door, and went off; we were in the house about half an hour, arguing with Mr. Brownrigg; he produced Mary Mitchel , and said, by G - d, that was all the girls he had in his house; our maid. was standing at the door; she went in and said to Mary Mitchel , what is the matter with your cap; she pulled off her cap and handkerchief; then I said I would take my oath that was not the girl that I saw, for the other girl was worse than the, a great deal, both on her head and back, as far as I could see; (I could see her shoulders, and near half way down her back when she stooped;) besides, the other girl had red hair cut short. When Mr. Grundy saw Mary Mitchel , he said, is this usage! and took the girl out into the court; Mr. Brownrigg then desired he would not expose him; then Mr. Grundy sent for Mr. Hughes, the constable, from Brown's coffee-house; when he came, we searched the house from top to bottom; and could not find the girl in the house; we searched every, where, where we thought any body possibly could be; the key of the garret could not be found, and Mr. Brownrigg broke that door open for us to search there; then they took Mary Mitchel away to the workhouse; in about half an hour after they came back again, and searched the house again, and could not find her; then they called a coach to take Mr. Brownrigg to the Compter; he then, when he found he must go, gave the coachman a shilling, and said he would produce the girl; I was then standing at the door, presently the girl was brought.
Q. Which way did she come from?
Clipson. I do not know, from some where in the house; she was in the house, I was on the outside the door; she was brought out to the door; I took hold of one of her arms, and the porter the other, and we led her away to the workhouse.
Q. Where was the father then, in or out of the house?
Clipson. He was not out of the house when he said he would produce the girl, he was at the door on Fetter-lane side; then I was shoved out of the house with others; there were many people there.
Q. Where did he go when he said he would produce the girl?
Clipson. He then went into the kitchen.
William Grundy . I am one of the overseers of the parish of St. Dunstan's; the mother-in-law of the deceased came to me at my house on Tuesday the 4th of August, and complained they had denied her child, and she had been used ill; I went with her to the house of Mr. Brownrigg, there was Mr. Elsdale the overseer of White-Friars precinct; there were Mr. Brownrigg; his wife and son John, at the door; Mr. Elsdale asked for Mary Clifford , because he knew her; he asked for both the girls, they being both bound out from his parish; the man denied them; he made a hesitation at first, when the name was mentioned; they had changed the name of one of them, they had called one Nanny; he owned to the name Mary, and said she was at Stanstead in Hertfordshire, nursing his daughter.
Q. Were the prisoners then present?
Grundy. They were all there, the father gave that answer, that was all I could get out of him for two hours I believe; I was there four hours in the whole; then the other overseer asked for the other child; he was answered by the father, she was not at home; upon that a neighbour knocked at the window and said the children were in the house, and desired me to insist upon seeing them; then I insisted upon seeing the other girl; in about half an hour I got sight of Mitchel, she was brought down stairs; I seeing what a bad condition she was in, asked her after Mary Clifford ; she said Mary Clifford was at Stanstead in Hertfordshire, as her master had said; I said to her, my dear, you shall never come here any more, if you will tell the truth where Mary Clifford is; it was some time before I could get it out of her; at last she said she left her upon the garret-stairs; still Mr. Brownrigg said she was at Stanstead in Hertfordshire; then I took Mary Mitchel to the workhouse, and said she should never come to her master's house any more; when we came back to Mr. Brownrigg's house, he still insisted upon it that she was at Stanstead, and some of the neighbour insisted she was in the house; after an hour and a half I sent for a constable, and gave him charge of Mr. Brownrigg; he still persisted in it she was at Stanstead; then one Mr. Coulson, a neighbour of his, said to me, Mr. Grundy, you do not know what you are doing, to take a man out of his house, and offered 500 l. bail for his appearance on the morrow morning; I said there is no bail for this, for here is the appearance of murder; I believe I was there between two and three hours before. I called a coach; when I called a coach, and was going to put him in, Mr. Coulson interfered; I thought I should have no friends to assist me; he desired to send for a lawyer; the lawyer came, and ordered us all out of the house; they talked of sending for a constable, we could get nothing else out of him; then I charged theBrownrigg will produce this child in half an hour; then we discharged the coach, and staid; I was sent for home; the other overseer was in the house when the child was produced.
Counsel. To save time, take it up at the time the coach was proposed to be called.
Elsdale. When Mr. Brownrigg was informed he should go to prison, and the coach was waiting at the door, he desired leave to go into his house to speak to two or three friends; I said he should not go without the constable; I told the constable, I should look upon him to see him forth coming; he went in with him, and in a little time after, the constable came out again, and said there were some creditable neighbours there, that would see him forth coming; then I told the constable, he might stay in the room where I was, which was between the shop and the stair-case; they staid there, I believe half an hour; then the door opened: I then asked if he was ready to go; then he said we might come into that room; he said he would agree to produce the girl, provided that would satisfy us; I told him we should be satisfied, provided he would produce the girl, and asked him how long he would be before he would produce her, because he had told us, she was at Stanstead in Hertfordshire, and had been there a fortnight; he brought out a bottle of red wine, and handed round a glass a piece for us to drink, and, I think, in about half an hour after he said he would produce her; she was led in by a tallish young man, about such another as the son at the bar, but I cannot swear it was he, not taking much notice of his person; I went up to the girl, and asked her how she did; she could not speak, her mouth was extended; she could not shut her lips, her face was very much swelled; I thought the best method I could do, was to take her away to the workhouse; there was a surgeon came; he said she was in very great danger.
Q. Was the prisoner in the room all the time till the child was produced?
Elsdale, He was the greatest part of the time, if not all the time; he only went into another room for the bottle of wine.
Thomas Coulson . I was present at the time Mary Clifford was produced; I told Mr. Brownrigg, it was reported there was another girl in the house, and I desired he would inform me whether there was one or no; he said, he had been informed by his wife there was never a one; he turned round to his son that is now at the bar, and then soon after he said he would produce her.
Q. Did you see her produced, and which way she came?
Coulson. She was brought down stairs into the room.
Q. How soon after he said he would produce her?
Coulson. In about eight or ten minutes from his speaking to her; she was set down in a chair by me; I asked her who it was that beat her? she shook her head; I asked her again, and said, was it your master; she said, by pronouncing it very incorrect and long, n - o; I asked her, if it was her mistress; she, in that same way, answered y-e-s; she could only say no and yes.
Q. How long have you known the husband?
Coulson. I have known him between three and four years.
Q. What is his character?
Coulson. I know him to be a sober industrious man from three years observation, and I believe him to be a humane good-natured man.
Q. Can you account for it, how it should happen that he did not prevent this?
Coulson. No, I cannot, I did not know there was a maid-servant in the house; I have never been with his wife, I have been with him often; I have invited him to my house to spend an hour or two with me, but I never was at his house; I know nothing of his family business.
Counsel. Confine yourself to the deceased.
Denbeigh. The top of her head and shoulders and back, appeared very bloody; I turned down the sheet, and found from the bottom of her feet to the top of her head almost one continued sore, scars that seemed as if cut with an instrument upon the body, legs, and thighs; upon one hip
Q. What kind of an instrument do you think they were made by?
Denbeigh. That I cannot say, there was no dressing made use of; I was obliged to draw the shift from the wounds; her head was almost one continued fore, there were five or six wounds on her head.
Q. How long was her hair?
Denbeigh. I believe it was almost an inch or two long about the middle of her head; they might whip her from head to foot, but the repetition of that might occasion the wounds to be larger.
Q. Were they like wounds that might be occasioned by a horse-whip, often repeated before the old ones were healed?
Denbeigh. They might; I put four or five pledgets upon her, and took some blood from her; she had a fever upon her; her neck was swelled a great deal, to such a degree that she could not speak nor swallow; she was in a most shocking condition, I never saw such an object in my life; I dressed them both (that is the two girls) that night; when I came home, I told the gentleman that I lived with the case; it was requested they should be removed to the hospital, because we did not practise surgery. I got up the next morning, and told the officers of the parish, the sooner they were removed to the hospital the better; they were removed.
Q. Did the wounds bleed;
Denbeigh. They did; I was obliged to draw the shift from the wounds, which occasioned them to bleed.
Mr. Young sworn.
Mr. Young. I am surgeon to St. Bartholomew's hospital; the deceased was brought there the 5th of August, I saw her on the 6th.
Q. Give an account of what condition you saw her in.
Young. I found upon her head six wounds, three of them very large, and three small; they appeared to be bruised wounds, such as might be given by the butt-end of a whip; her head and throat extremely swelled, she could not speak or swallow; from her head to her toes was wounded, in such a manner as was impossible to number them, but particularly upon her hip; the other wounds appeared to have been done by the lash of a whip, that is, from the head to the toes; and they appeared to be in a state of mortification from neglect.
Q. Are you able to form a judgement of what these wounds were, whether of a few days before or from a former distance of time?
Young. They did not appear to be given a great while before.
Q. What do you call a great while?
Young. That is three or four months; they seemed to be of no longer standing than about a week.
Q. When did she die?
Young. She died on Sunday the 9th.
Q. What is your opinion was the cause of her death?
Young. The wounds were the cause of her death.
Q. To what do you impute the swelling on her neck?
Young. There was on her neck a sort of ring as if something had been tied tight about her.
Q. If a jack-chain had been fastened tight about her neck, might that occasion such a sort of a swelling?
Young. It might; when I saw her on the Friday, the swelling on the head and neck did a good deal subside, and she was able to swallow; after that, she was in a high fever and delirium, and died.
Q. Could she speak after the swelling was abated?
Young. She spoke very inarticulately, and was in so much pain, we did not think proper to make her speak.
Q. Was any thing said as to the present enquiry?
Young. No, there was not.
Here are several witnesses I can call, that have brought me word of the deceased girl's saying that I never beat her, nor suffered her to be beat. With regard to denying this girl, my dear partner for life, whom I have had sixteen children by, and the girl alive, they have always deceived me; I have been most bitterly deceived; they told me, the deceased was out of the house; my wife told me herself the girl was gone to Stanstead; the last time we were there, we agreed she should go there. I hope my attorney has got the examination that passed concerning me before the sitting Alderman: the woman that keeps the house where my lodgings were at Islington, can prove the girls used to go there by turns.
I did give her several lashes, but with no design of killing her; the fall of the saucepan with the handle against her neck, occasioned her face and neck to swell; I poulticed her neck three times, and bathed the place, and put three plaisters to her shoulders.
John the son's defence.
I am not capable of recollecting any thing, so I leave it to our counsel.
Q. to Mr. Young. You hear what the woman has mentioned as to the saucepan, was it possible the wound on the deceased's neck might be occasioned by that?
Mr. Young. I believe not.
For father and son.
John Manton . I asked the girl that is now living, where her master and the rest of the family were when she was beat; she said they were out; I asked her whether her master beat her or the other girl; she said he never did to hurt them, but he would give them a stroke or two.
Eleanor Peirce . I live in Fetter-lane, I was to see the deceased girl on the Wednesday before the Sunday that she ed; she could not speak, only just to let me understand yes and no; the Alderman asked her if her master ever beat her; she said n - o; he asked her if her mistress ever beat her; she said y - e - s, plain enough to be understood; this was as she sat in the sedan at Guildhall; the Alderman said it did not signify to ask her any more questions, as it put her in pain to speak; I never heard any ill on the characters of all three of them in my life before this fact.
Q. Was any thing asked the deceased about the son?
E. Peirce. I think she was asked if the son ever beat her, and I think she said, y - e - s; I think the girl now living, said the sons used now and then to correct her, but not so severe as the mistress did.
John Williams . On the 8th of August I went into the hospital to see a young woman that had broke her leg; after that my curiosity led me to go up to see these two girls; I asked the surviving girl how she did; she said she was very indifferent, and but indifferent; I said, did your master ever beat-you in your life; she said, no, he never did; I said, did he ever whip you; she said he might hit her a tap on the head or so; I said, I heard you have been starved, had you bread and cheese; she said we had bread and cheese, but no butter.
Francis Norton . I live at Islington, the prisoners lodged at my house over-against Cannonbury-lane; I did not know Mary Clifford , I never saw her, I saw the girl that is alive at Islington about three weeks before this unfortunate affair; I believe I have seen her there about three or four times with her master and mistress; I never saw any ill of Mr. and Mrs. Brownrigg.
C. for Crown. The neighbours in general give the man and woman the best of characters, he as a sober, industrious, good-natured man, and she deserving the same character.
Q. Who had the principal management at home, he or she?
Reeves. That I cannot tell.
Q. Did he leave the management of things at home to his wife?
Reeves. I never saw any thing of that.
James Acquitted .
Elizabeth Guilty . Death .
John the son Acquitted .
Elizabeth received sentence immediately, to be executed on the Monday following, and her body to be dissected and anatomized; and was executed accordingly .