NUMBER V. for the YEAR 1762.
King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery, held for the City of LONDON, &c.
BEFORE the Right Hon. Sir SAMUEL FLUDYER , Bart. Lord Mayor of the City of London; the Hon. Sir Richard Adams , Knt. one of the Barons of his Majesty's Court of Exchequer *, Sir William Moreton ++, Knt. Recorder, James Eyre ~, Esquire, Deputy Recorder; and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.
N. B. The *, ++, ~, refer to the Judges before whom the Prisoner was tried.
153. (M.) Hannah Perry , otherwise M'Laughlan , widow , was indicted was stealing one silver watch, value 20 s. one pair of silver buttons, value 2 s. and one half guinea , the property of Margaret Boyd , widow , May 16 .
Margaret Boyd . I live in Lower Gun-alley, Wapping . The prisoner was recommended to me as a lodger. She came on the 16th of May; we lay together. I had half a guinea in a little box, with a pair of silver sleeve-buttons in my pocket, before we went to bed. A young man that was at my house (who is now gone to sea) wanting to know what o'clock it was, I opened a chest which was in my room, and took out my watch and told him; I put it into the till of the chest again, locked the chest, and put the key in my pocket. At going to bed, I laid my pocket on a table hard by. The prisoner lay along with me: in the morning I found my stockings, which I had taken off my legs over night, in the chest. I had not put them there. The prisoner was then putting on her things. In looking into the chest, I missed the watch out of the till: I said, Who has been here? She said, Have you lost any thing? I said, Yes, my watch. She said
Q. Had the prisoner been out of your room before you got up?
M. Boyd. I cannot say she had; the door was bolted over night.
Q. Did you examine the prisoner's cloaths when she stripped herself?
M. Boyd. No, I was so frighted I did not touch them.
Q. When had you seen your money and buttons?
M. Boyd. I opened the box about dusk in the morning, and I saw the money and buttons there then.
Q. from Prisoner. Did you not make me and yourself drunk, and went to bed and left the door open?
M. Boyd. I was not in liquor. She shamm'd drunk.
Q. How far is that from Lower Gun alley?
Popard. I do not know where that is; if it be near Wapping Church it may be half a mile from me. On the 17th of May I was very ill; my apprentice brought up this watch to me. [Produced in court, and deposed to by prosecutrix as the same which she lost on the 16th at night, her property.]
Charles Casheere . I am apprentice to Mr. Popard. I took in this watch on the 17th of May from the prisoner at the bar. I am certain she is the woman both by her voice and face. She said it was her husband's watch, that she lived in Rosemary-lane, and that her name was Mary Daisey . I lent her a guinea and half upon it.
There was a young man who came and took the watch out of the chest, and asked her what o'clock it was. She said either three or four. He came backwards and forwards in the room. She, he, and I went out and drank together: we drank gin, and they made me drink a good large glass. We had seven or eight glasses of brandy, then we went to see him on board. We had beer also: we came home and went to bed, and got up together. The door was wide open when we got up. When she charged me with the watch, I stripped myself naked: I had nothing. Then I bade her a good morrow, and went away. I told Mrs. Knox she had lost her watch as I came down. She said she did not believe her.
Q. Is Mrs. Knox here?
Prisoner. She is.
Court. You may call her if you please.
Prisoner. She may sell her soul if she chuses it. You may examine her, if you think proper.
Court. If you desire it, we will examine her.
Prisoner. Then examine her.
Merrick Knox . I remember the prisoner's coming down to me, and saying, Mrs. Boyd says she has lost her watch. I was in bed. I said perhaps she has mislaid it; I will put on my cloaths, and help her to look for it: she may be in a flurry.
Guilty . T .
154. (M.) Mary, wife of John Charlton , was indicted for stealing two diaper table cloaths, value 3 s. one linen gown, value 5 s. and one silver table spoon, value 7 s. the property of Thomas Langford , in the dwelling-house of the said Thomas , Apr. 27 .*
Thomas Langford. I live in Earl-street, Seven Dials : the prisoner lodged in my house. Her husband moved out last Monday. I missed the things mentioned in the indictment [ mentioning them] on the 27th of April. I went to a great many pawnbrokers, and left an account of the things lost; and on the 30th one of the table-cloths was stopt by Mr. Styles in Castle-street, near Leicester-fields. That is all I have found again; the pawnbroker brought it to me. I went to get a warrant, and saw the prisoner in the street and took her. I charged her with all the things. She said, she had nothing but that table-cloth, and that, she said, she borrowed; but did not say, whether it was of my wife or me; and as she wanted money she went to pawn it.
Q. Did she borrow it.
Langford. No, she never did: she has borrowed lesser ones; but these were of a better sort, and seldom used.
Q. Where were the things missing from?
Langford. The two table-cloths were in a deal box, and the gown and spoon in another box, both in the room where I lie, that is, in a one pair of stairs room, and the prisoner lodged up two pair of stairs. The room door was generally kept lock'd, unless the maid left it open after making the bed.
Thomas Cockerill . The prisoner came to pawn the table cloth with me some time in the latter end of April; there were the letters E. L. upon it. Mrs. Langford had been with me before, and described it. I stopp'd it, and went and gave her an account of it. As I was going the prisoner desired I would not go, and acknowledged she had taken it, and that she had a large family and wanted a little money.
When I went to the pawnbroker's, I said it was my landlord's, and told him where I liv'd.
For the Prisoner.
Q. What shop do you keep?
A. Beadle. I keep a bow peep shop.
Q. What is that?
A. Beadle. I sell baked sheeps heads.
155. (M.) Jane, wife of John Sweating , was indicted for stealing one laced cap, value 12 d. one pair of worsted stockings, value 6 d. one muslin handkerchief, value 3 s. one linen shirt, value 2 s. and one cheque apron, value 9 d. the property of Ralph Lane , May 10 .*
Sarah Lane . My husband's name is Ralph; we live in Purple-lane, St. Andrew's, Holbourn . I imployed the prisoner as a washerwoman for nine or ten months. She was in my house all the same as one of my family; she was very seldom from me a day. I missed the things mentioned in the indictment, on the 7th of this instant May, at night. They used to be always in my kitchen, not locked up. The prisoner had been at my house that day, but was gone. I sent for her twice; she did not come. Then I went to her, and said I wanted to speak to her. She came with me to our house. She fell a crying, and said, I know what you want with me; you want a shirt that I have taken. Said I, Where is the cap and handkerchief, and the rest of the things? She said, she had pawn'd them to Mr. Lane, and got drunk with the money. I took her to Justice Welch, and then went to Mr. Lane's, in Purple-lane, and found the things accordingly.
John Lane. I took these things in of the prisoner at the bar; the first on the 13th of April, and the last on the 10th of this instant. I lent her 3 s. 10 d. upon them. She said the prosecutrix sent her with them.
S. Lane. I never sent her to pawn any thing in my life.
She sent me a great many times to pawn things. She has been out till one or two in the morning, and left me with the children: I pawn'd these things to maintain them. She owes me money.
S. Lane. I do not owe her a farthing: I always paid her as soon as she had done her work, and sometimes before.
For the Prisoner.
Q. Why do you believe it?
A. Mophet. Because she will get drunk.
Q. Will the prisoner get drunk?
A. Mophet. Yes, she will: they will both get drunk together. The prisoner has worked for me, I never knew that she wrong'd me.
Tomason Dodd. I have known her about ten years; she is an honest woman as far as I know.
156. (M.) Elizabeth Powell , spinster , was indicted for stealing one green silk gown, value 5 s. two stuff gowns, value 5 s. one linen bed-gown, value 1 s. four linen shifts, value 6 s. twelve pewter plates, value 6 s. and three silver tea spoons, value 3 s. the property of Abraham Gerres , Apr. 25 .*
Abraham Gerres. I am a velvet weaver , and live at Bednal Green . My wife has been ten months out of her senses, and is sent home from Bedlam incureable: I had the prisoner to keep my house, and dress my victuals. She robb'd me of linen, woollen, silver, and pewter. On the 25th of April I was eating my breakfast, and looking in the closet for a bit of cheese, I missed some pewter plates: I asked the prisoner where they were. She told me they were in the wash house foul. I looked farther, and missed my cloaths, shirts, shifts, gowns, sheets, and several things not laid in the indictment. I asked her whatMary Filane and Daniel Peacock to pay the debt. I went and found the things as she had said [the goods mentioned in the indictment produced in court, and deposed to]. There are as many other things that she has pawn'd as a man can stand under which I have not brought.
Mary Filane . The prisoner at the bar told me that the prosecutor was her husband. There were as many things that she had pawn'd as lay for 5 l. 1 s. 6 d. but the prosecutor would not prosecute her if he could help it, and have had the goods again for nothing. He said yesterday she had been his bedfellow for some time.
Daniel Peacock . Here is not an article in the indictment that was pawned with me; the prisoner has pawned several things with me. When she was committed, I heard the prosecutor say he had lan with her for nine weeks. He told Justice Berry so; and that they had cohabited together as man and wife; and that he had promised her marriage, in case his old wife, who is delirious, was dead.
The prosecutor made me his bedfellow, and promised me marriage when his wife died. I lay with him nine weeks successfully. He told me every thing in the house was as much mine as his; and if I wanted any thing that was there, to put it on.
Q. to Prosecutor. Did you say as these two witnesses have said?
Prosecutor. I was obliged to speak what I did not think of.
Q. Is it true or not?
Prosecutor. I did say I had lain with the woman nine weeks; and I have, and will not deny it.
John Thomas. The prisoner and I were drinking together I was so drunk I can't tell where I met with her.
Thomas. About a month ago. She took my money at a public house, the Rose and Crown, St. Giles's . I believe I had been at a public house with her before we went there: we came there about eight or nine in the morning beer or purl: it was brought. We sat down in a box; she sat facing of me; there I happened to go to sleep; how long I slept, I cannot tell; a man came and shook me by the shoulder and said, Chairman, awake, have you lost any thing? I counted my money, and missed five guineas.
Q. How much had you left?
Thomas. I had in the whole in my pocket 15 guineas and one 18 s. piece when I went in at that house, and then I had but 10 guineas and one 18 s. piece.
Q How long had you been drinking?
Thomas. I had been drunk the day before, and up all night.
Q. How much money had you in your pocket when you was sober?
Thomas. I had 15 guineas, an 18 s. piece, and some silver.
Q. Where did you get drunk first of all?
Thomas. I do not know.
Q How came you to carry so much money about you?
Thomas. I happened to change my breeches, and had some money to pay for my figure. When I missed the money, the people said, No body here has your money but the woman, meaning the prisoner; she was then in the tap-room, they would not let her go away; a constable was called, and he found five guineas; I did not see it found.
Charles Beesley . On the 24th of April I was getting my breakfast at this alehouse. I saw the prisoner sitting by the prosecutor, in a box in the taproom; whether her hand was in his pocket or his breeches, I cannot say, but it was in one of them. After that she got up, and wanted a penyworth of gin, or something else, and said she was going to pawn something. The landlord and we would not let her go out; the man was fast asleep; we awaked him, and asked him if he had lost any thing. He took out his money, and said he missed five guineas; he said he told his money just before he came into the house, and then he had 15 guineas and an 18 s piece; he had then but ten guineas and the 18 s piece. We got a constable, and took her into the yard. She denied having the money, and abuse us very much, They stripped and searched her but could find no money; then she came again in the public house. Mr. Wilson said he saw her mu bling something in her mouth; then I took hold her throat, and she dropped five guineas out of his mouth, it lay on the right side of her cheek. The she only abused us all as much as she could; she never said a word which way she came by it.
I was first in the prosecutor's company at the Bull Head in Tyburn Road; he laid hold of me, and would not let me go till I had drank with him, he had a full pot of two-peny by him; this was about six or seven in the morning. He kept me out all day long; when he was tired of drinking, he went to the sign of the Boot, a little beyond the Founding Hospital, there we had several pints of two-peny. Then he went into the fields, and went to sleep: I sat down to watch him; we were drinking in public houses all night. About eight o'clock on Saturday morning he awaked, and said I had picked his pocket; but he had made me a present of that money for being in his company all that time; he had torn my gown all to rags, and he said that money would buy another. I had never a pocket to put it in, and I was obliged to carry it either in my mouth or my bosom, These witnesses are come here to take my life away, right or wrong.
Guilty of stealing, but not privately from his person . T .
Elizabeth Cockburn . My husband is named David, he is captain of a ship now abroad. I was in the cellar, drawing a little beer; I heard a noise above; as I was coming up, I met the prisoner at the bar coming out at my parlour door; I catch'd him by the left arm, and asked him what he had got. He said nothing, and went out at the door. I followed him, and called Stop thief. A gentleman stopt him, he was brought back to me: As soon as I got to the parlour door, I missed my salts out of the basket; I charged him with them. He denied it: he made a pretence to sit down in a chair, and one of the salts was found in the chair; and he turned himself round towards the table, then the other salt was found on the table, and the falt spoon was found on the floor.
Q. Are you sure your falts and spoon were not in a places you mention before the prisoner was bought back?
E. Cockburn. I saw none of them lying on the floor or on the table before he was brought in.
On her cross examination, she said she missed the things as soon as she went to the parlour door, and charged the prisoner with taking them: that the door was open, and she could see the beaufet where the plate used to lie: that the prisoner pretended to faint away when he sat down: that the table was behind him.
Q from Prisoner. Did not you say before the justice, you could not tell but that your children might put the things there?
E. Cockburn. I told the justice I had two children, and a third in arms; I was asked whether they in play might have put them there? I said I could not tell, but I was pretty certain they were in the beauset before the prisoner had been in the parlour.
Christopher Manning . On the 3 d of May I was coming home to dinner; Mrs. Cockburn called Stop thief, as I was at my door. Seeing the prisoner running and she after him, I ran and took him and brought him back to her. When he got into the chair, I saw one salt lying in the chair I was told there was the other salt lying on the table; the prosecutrix said they were in the beauset before; the spoon was found just within the parlour door, upon the ground. Before the justice she was asked if her children might not have been playing with the salts; and, to the best of my knowledge, she said she could not tell.
Q. from Prisoner. Had you not hold of both my hands?
Manning. No; the prisoner had his right hand in his pocket.
I had sold a sea bed to a man, and was directed by an acquaintance to call upon Christian Slane , who lodged thereabouts. I inquired at a chandler's shop; I was told, if I went into that street, there were several people took in lodgers. I went into her house; but, seeing nobody there, I inquired of a gentleman I met with. Then she called Stop thief I asked her what she had lost. She said she could not tell. I desired to be searched; the people said, here is one salt on the table, and another in a chair; she said I must have taken them. Justice Berry asked her what she brought this man for? She said, when I was brought back again, she missed her falts. He asked her when she saw them last? She said, On the Saturday night, or Sunday. Then he asked her if she had any children. She said she had three. He said, had they not put them there. She said, she could not tell.
William Dolley . I have known the prisoner about two years, he is in the brokering way; I always took him to be a very honest man, I never heard to the contrary; I have lent him money when he has been going to sea; if it had been 20 or 30 l. I would have lent it him.
William Welch . I have known him three years, his general character is extraordinary good, all the neighbours know him. I keep a bed and blanket warehouse pretty near where he lives; I have dealt with him many a time, and always regarded and respected him: As to his honest dealing with me. I believe him to be an honest man, upon my life.
*See him tried by the name of Jos. Derbin, Number 93. in Sir Matthew Blackiston's mayoralty, for a crime of the same name.
It appeared by the evidence of the prosecutor, and letters of his own hand writing, in the way of their business, that the prisoner was a partner with him in the fur trade: without calling any other witnesses, he was Acquitted .
161. (L.) William Cook was indicted for receiving, knowing them to be stolen, a communion table cloth, two napkins, two brass candle branches, and one pair of brass ditto; part of the goods stolen in St. Paul's cathedral by William Barnes , who was tried and convicted for the same last sessions .
The evidence was the same as on the trial of Barnes, to which our reader is referred. See Numb. 140.
Thomas Wootten. I live at Westminster; I lost an anchor from out of my craft, which lay under Dowgate Wharf ; I missed it last Saturday was se'nnight, it was a loose anchor that lay in the lighter, it weighed 101 lb. weight; I was informed he had taken it; I went after him; he had been servant to one Davis, but was at this time out of employ. I went to the Hermitage, where he lodged, and charged him with taking it; and he acknowledged he had taken that and another belonging to a barge at Puddledock, which belonged to Mr. Wood, and had sold them to one Browning I went to Browning's house, but could not find the anchors, and he was gone off.
Q. What was your anchor worth?
Wootten. It was worth about 30 s.
Richard Wood . After the prisoner was taken into custody by Mr. Wootten; he was brought to me to Billingsgate; I am a coal lighterman; I was told he had stolen my anchor. I asked him about it; he said he would confess before a magistrate what he knew of it; there he owned he and one Henry Pipkin took my anchor and Mr. Wootten's through bridge, and sold them both to one Browning for a guinea; and that Browning, who was a smith, had put them in the fire, and defaced them.
Pipkin said he knew of an anchor or two, and he would take them with us. I said I did not chuse to be concerned; we took them into my boat, that is all I know of it.
Guilty . T .
The prosecutor did not appear.
164. (M.) Elizabeth wife of James Rice was indicted for stealing one laced handkerchief, value 20 s. one printed cotton gown, value 4 s. one black silk cardinal, value 12 s. and one quilted gown, val. 2 s. the property of Mark Jenks , Mar. 20 *
Elizabeth Jenks . My husband's name is Mark; we live in Holborn ; the prisoner was about 6 or 7 months ago my servant ; I lost a great many things while she was with me, and the things mentioned in the indictment [ mentioning each particular]. I did not miss them till after she was gone, when she left my service, I had a great opinion of her, and had no sort of suspicion that she was the person that robbed me. She had told me her lady with whom she had lived was dead, but she had a daughter alive. I went to the house, and found the prisoner had been guilty of
Mary Hunt . I went with Mrs. Jenks to the prisoner's lodgings. When I went into the room, she asked the reason of my coming there. I said I was very sorry I came on such an errand, but we had a warrant to search for some things; then she opened the casement, and threw some things out into the street; I could see there was lace on them; they lodged in the way, and I poked them down with a broom handle, and Mrs. Jenks afterwards brought up a laced handkerchief and a pair of laced ruffles. Then the prisoner fell down on her knees, and gave the things to Mrs. Jenks, and begged forgiveness. I heard her say she took them out of Mrs. Jenks's chest. [The goods produced and deposed to.]
I did not take the things; Mrs. Jenks made it all up with me: I had a hat which I paid her seven shillings for.
Q. to Mrs. Jenks. Did you take money of the prisoner for a hat?
Mrs. Jenks. I did. This she paid me for at my house.
Prisoner. Please to examine Mr. Steel.
Steel to the question. Mrs. Jenks did omit doing any thing for sometime, on the account the prisoner said she could produce the person that she bought some holland of, but she did not produce such a person.
Q. to Prosecutrix. When did you take the prisoner up?
Prosecutrix. I did not take her up till last Saturday. Then I said, Betty, you shall have as much fair play as possible; you say the holland is yours; produce the man you bought it of
Q. Why did you not take her up before?
Prosecutrix. My husband was in trouble, and I lost a child in the mean time; and I could not be certain to it before, but I have found two marks in it since.
Guilty, 39 s. T .
John Castelli. I am an Italian ; I live in Knaves-acre, my business is stocco-work. I met with Mary Wilson in a public house in St. Giles's , the sign of the Running Horse, from thence I went to the 13 cantons.
Q. What time was it when you first met her?
Castelli. It might be about 9 o'clock.
Q. Was you in liquor?
Castelli. I was not in liquor; but I had drank a little, yet I knew what I did.
Q. How long were you at the Running Horse?
Castelli. Not above half an hour, or three quarters; there was an acquaintance of hers lived in the neighbourhood of the 13 cantons; she would call her in. She came from Lincoln's-inn-fields, and was going into her own country again; that was Jane Buckley . She called her in; then they gave me an invitation to go to Jane Buckley's apartment. I went with them, and said, if they would drink any thing, I would pay for it.
Q. What might you drink at each of these houses?
Castelli. We had but a pint of beer at each house; Buckley's apartment was in St. Giles's, not a great way from the church. I sent for a pint of beer; they gave me an invitation to stay, I was weak enough to comply with it. I asked Buckley what she wanted for her room. She asked me a shilling; a shilling I gave her, and had the liberty to stay as long as I liked. I pulled my cloaths off, and went to bed with Mary Wilson , I had lain in bed I think about half an hour.
Q. What became of Buckley?
Castelli. She went down stairs; Wilson got out of bed twice in the half-hour (I had left my cloaths upon two chairs at a distance from the bed). I saw her go that way that my cloaths were, but I cannot positively say I saw her take the money out of the cloaths.
Q. Had you a light after you went to bed?
Castelli. No, we had not.
Q. How much money had you when you went to bed?
Q. Did Buckley bring up a light with her?
Castelli. She did - I got out of bed and took my breeches in my hand, and felt the pockets, and found the silver and gold was gone: they left some half pence. I demanded my money of them, and was angry at the affair. Buckley said, it was likely Wilson might have taken my money out of my pocket; but she said, you must go out and bring the watch and a constable with you, and I'll lock her into the room, and take care that she shall not go out. I went out and called the watch; but when I came back they had both left the room, and I could not find them. The watchman and I went into a night-house in St. James's-street: there I found Buckley, and charged the watch with her. She was carried to the watch-house - She charged the watch with me. There I say Mary Wilson , and charged her; but I got none of my money again. They were searched, and about five or six shillings found upon them both. Wilson threatened to charge me with all manner of scandalous things at the Justice's, and said I had stole her handkerchief from her. Seeing such wickedness in them induced me the more to prosecute them.
He came and asked this young woman and I to drink a pint of beer: we went to her room: he asked her if she would oblige him to go of an errand to fetch him some rods. She went and got one; I have it here.
Prosecutor. This is what she threatend me she would say. It is all false.
Prisoner. After that he asked her, if she would go and fetch a pot of beer: when she came in again I was obliging him.
This gentleman met us at the Running-Horse, and asked us to drink a pint of beer. We went in and drank there. The young woman asked me, if she could go home to my room: I said she could. Then he asked me if I would oblige him with a favour to go for a peny-worth of rods. Said I, in the name of G - d, what are you going to do with them? I fetched them. As soon as I got into the room they asked me to go for a pot of beer and a peck of coals. I came again in about half an hour, and then this girl was obliging of him.
Prosecutor. This, upon my oath, is all false.
Both Acquitted .
Martha Green. I keep a public house at Ratcliff-cross . Last Tuesday was sevennight, between four and five o'clock in the afternoon, the two prisoners came into my house and called for a tankard of beer. I had known the man upwards of 20 years, the woman I never saw before to my knowlege. I drew it in a silver tankard: they were in the kitchen, and nobody there but themselves. He smoaked a pipe. I went out, and left my daughter Elizabeth Halbert at home. I was soon sent for by some of my neighbours, and when I came home I found a French plate beilied tankard, with the beer in it, and mine was gone. [She produced the French plate bellied tankard.] This is what they left, it is not like mine: mine was an old-fashioned tankard, not with a belly, but streight, with a wide bottom: it cost me nine guineas. The neighbours went some one way and some another, but could not meet with them.
Q. How long had you been gone out of your house before you was sent for?
M. Green. I had not been gone a quarter of an hour. I was not got into the house I was going to. The woman was taken in the Minories that very night, and brought to my house about nine o'clock. The man was taken over the water. I never found my tankard again. Soloman said before the Justice, that the woman had a tankard when she came into my house, and another when she went out. The woman denied knowing any thing of it.
Elizabeth Halbert . I am Mrs. Green's daughter: the two prisoners came into our house, and called for a tankard of beer: they came into the room in which I was ironing. They said they would go into a room that was cooler. There was no fire in the room I was in; but there was one in the kitchen where they went. My mother carried them a tankard of beer in a silver tankard, not at all like this French plate one. He called for a pipe: my mother carried him one. After that I went into the room they were talking together in their own language,
Q. Did any body else go into the kitchen while the prisoners were there?
E. Halbert. No; only the young man, and he went just within for his shoes.
Q. Was it this tankard?
M. Mother. No, it was not this: it was an old-fashioned tankard.
I drank part of a tankard of beer: I paid my reckoning, and went out.
We went in and call'd for a tankard of beer: there were more people in the room than us. We paid our reckoning in order to go over the water. I had bread and cheese in my lap to eat. It is a public house where one goes and another comes, and they put it upon us because we are Jews.
Both Guilty . T .
William Fabian . I am a haberdasher , and live in Fleet-street . On Monday last, in the afternoon about four or five o'clock, the prisoner came into my shop, and ask'd to see some minionet lace. I gave her a piece into her hand of six yards seven eights. There were two ladies stood close by her, to whom I gave two pieces. I saw the prisoner roll the piece I gave her up in her hand, and put it under her cloak on the right hand side. After some little time, she desired me to shew her the piece I had shewed her before, which I had told her was 3 s. 6 d. per yard. I looked into the box again, tho' I at that time knew she had got it. I shewed her a piece that was coarser, and said it was the same I shewed her before. She desired I would cut her off half a quarter. I measured it, and was going to cut it off. She said, it did not signify, it was a pity to waste it, and desired me to weigh her two drachms of 12 d. thread. Then she asked me, if I sold pins. I said I did. She desired I would weigh her an ounce. She paid me three pence halfpeny for the thread and pins, made me a courtesy, and went out of the shop. When she was out of the shop I called her back again. She readily came back. I told her she had got a piece of lace which she had not paid for, and desired her to walk into the back shop. My uncle followed her as I went before her. He pick'd up the piece of lace from off the floor. I left her and my uncle together, and went forward and got a constable; who took the woman and lace into his custody, and she was carried to Wood street Counter. She had not been a yard from the place where she stood to cheapen the lace; that was very near the door, about four yards from the place where my uncle said he pick'd up the lace. [The lace produced, and deposed to by a mark that was upon it.]
Harry Fabian . The prisoner was turned about a yard and a half out of the door when the prosecutor said, you have got some lace of mine. He brought her into the shop, and going cross the shop, to go into the back room, she dropped the lace, and I pick'd it up. Her gown drew over it: I am certain it did not lie there before.
Q. Did you see it fall?
H. Fabian. No, I did not; but, upon my oath, I believe it came from her. She was in a great tremble; a constable was sent for; she begg'd for mercy, and to be released, and said she had very great friends, and if we knew who she was we would not detain her. She owned she had taken the lace, and that there was a fate in it.
William Boddington . I am constable; I was sent for to take the prisoner in charge about four o'clock. The lace was shewn to her; she acknowleged the fact: going along she offered me 5 s. if I would let her go; and when I was taking her to Newgate, after she had been in Wood-street Counter, she said she would give me any thing in the world if I would let her make her escape.
He gave me the piece to look at, and it dropp'd down.
Thomas Reynolds , who had known her about three or four months; Robert M'Laughlin, nine or ten years; and James Olifant , twelve years; who all gave her a good character.
Guilty. Recommended . B .
169, 170. (L.) Henry Geare , and Ann Walker , spinster , were indicted for stealing one pair of silver tea tongs, value 6 s. one piece of lawn, value 5 s. two pieces of lace, value 14 s. one man's hat, value 3 s. one cloth waistcoat, value 2 s. one pair of worsted stockings, value 2 s. one pair of worsted breeches, value 7 s. one piece of cotton cloth, value 6 s. six linen handkerchiefs, value 4 s. one tea-chest, value 10 s. four yards of cotton cloth, value 10 s. four yards of shalloon, value 6 s. one silk and stuff gown, value 10 s. one silk gown, value 36 s. nine yards of camblet, value 9 s. one linen bed-gown, value 3 s. one dimity petticoat, value 2 s. one baize petticoat, value 18 d. four yards and a half of linen cloth, value 6 s. one lawn handkerchief, with thread lace, value 4 s. three silk handkerchiefs, value 4 s. one other silk handkerchief, with silk lace, value 2 s. one cotton handkerchief, value 12 d. one muslin handkerchief, value 12 d. three linen caps, value 5 s. one lawn hood, value 6 d. one gause cap, value 2 s. one muslin cap, value 6 d. one muslin apron, value 4 s. one yard and half of lawn, value 2 s. four pieces of lawn for ruffles, value 4 s. six yards and a half of thread lace, value 9 s. one pair of lawn ruffles, value 12 d. one muslin neckcloth, value 2 s. two muslin stocks, eleven yards of silk ribbon, four yards of silk lace, one tortoiseshell snuff-box, inlaid with silver, one Spanish dollar, one silk cardinal, one silver thimble, one pair of stone and silver studs, two pair of stockings, and one common prayer book , the property of Ann Wybourn , widow , and Peter Bushby .
It was a third time laid to be the goods of certain persons to the jury unknown, Apr. 28 .*
James Allen. The two prisoners at the bar came to live with Mr. Wybourn in June last, he in the capacity of a journeyman , and she as servant in the house. Mr. Wybourn was a pawnbroker in Fleet-street: he died in July last, and left his widow and Peter Bushby executors to his will. He left his whole effects to his wife and three children. Soon after his death I married the daughter. The widow being an elderly woman, and Mr. Bushby an infirm old man in the country, they gave me a power of attorney to settle their effects for them. The shop was continued on, and the two prisoners continued in their places. About a month before the 28th of April, Daniel Brown the apprentice gave me information that he suspected the prisoners were robbing of us. Upon which I immediately advertised for a journeyman: as I did not understand the business I thought proper to get a person that did before I parted with Geare. I hired one John Swinton : when he came into the shop, which was on the 28th of April, I took Geare into the parlour, and charged him with robbing me. He had by some means got information that I had hired a journeyman, and had made up his account, and delivered it to me, I think, on the 26th. He told me, he heard I had got a journeyman. and he thought I used him ill in not giving him notice of it. When in the parlour, upon his denying it, I said I would send for a constable to take him before my lord mayor; but not knowing where to find a constable I sent for Mr. Ryall, a neighbour. The prisoner down on his knees, and took me round the waist, and said, if I would spare his life he would confess all. He owned he had robb'd me of a very considerable quantity of things, and I should have them all again. I told him to be sure he was a very great rogue, and I had been informed what he had done, and only waited for an opportunity to detect him. I fetch'd him a pen and ink, and desired him to write down what he had robb'd me of. Upon which he wrote a paper: here it is [producing it.] I saw him write part of it; but was not by him all the time. I know it to be his own hand-writing. I said this is not the hundredth part of what you have robb'd me of. Then he added a little more, and so he added till it came to the whole on the paper.
The paper read.
One pair of tea-tongs, 6 s. a piece of lawn, 5 s. a piece of lace, 14 s. one hat, 3 s. a handkerchief, 18 d. a pair of stockings, 2 s. one pair of stocking breeches, 7 s. a piece of cotton, 6 s. a piece of linen, 3 l.
Allen. That linen is not in the indictment.
A waistcoat, 6 s. another ditto, 5 s.
Allen. They are not in the indictment; the linen and two waistcoats he had before agreed for, and had made himself debtor for them in his account.
Three or four pocket handkerchiefs, 9 d. each, a tea-chest half a crown.
What Nanney had.
A piece of linen, 5 s. a pair of - [it is wrote so as not to be under stood] price 5 s. a hit of stuff, half a guinea, stuff, 6 s. lace, 10 s. 6 d. a piece of cheque. 18 d. a silk gown, 18 s. a petticoat, 2 s.
Allen. That is not in the indictment; he confessed he stole all these things, except them that he had put to his account. I know Mr. Wybourn consented he should have the linen for 3 l. I deducted that money and the money for the two waistcoats out of his wages. Then I went up and called Ann
On his Cross Examination, he said, Geare had a power to receive and deliver goods, and to tell them in the shop: that he apprehended the prisoner put down the figures to the goods, to shew what they lay for in the warehouse: that he never bid him to put the figures down: that he only bid him put down what he had stole from him.
John Ryall . Mr. Allen sent for me on the 28th of April in the morning; I found Geare in the room, seeming very melancholy, and cried several times. Mr. Allen said he had robbed him of a great many things, and was going to discharge him on that account; upon which he begged and prayed of me to intercede with Mr. Allen for him, and said he would make him satisfaction for any injury he had done him. I recommended to him to let Mr. Allen know of every thing that he had done amiss, and then there would be some sort of room to speak in his favour. I said I understood the maid and he had been concerned together in taking the things; and, if his account and hers agreed, it might induce me to speak to his master in his favour. I saw the prisoner begin to write this paper, saying, he would set down the things he had taken upon one side of the paper: he put down things that he said he delivered to Nanny; he said she knew nothing of his taking them without accounting with his master for them, and he said he had received a guinea and half of her, and she was to pay him the rest. His master desired him to tell him what the whole of the things amount to that she had had at different times; he said, about two guineas and a half. Upon this I desired him to shew me his master's books, wherein he had made the maid debtor for the other guinea, and then I should have a better opinion of him: He looked, but could not find such an account; then he looked over a great many tickets, and said he should find a ticket, whereon she was made debtor. After looking a great while, he said she had paid the whole, and the money was in the till. The things he set down on the other side the paper he owned he had taken out of the shop and warehouse, and the price of linen at 3 l. he had accounted for with his master; the other things he could give no account of. I am not quite certain whether he did not except an article or two besides the linen; he owned he had taken them at different times, and many of them he had given to a girl whom he had a great regard for, one Nanny Ford.
Ryall. He meant Ann Walker . I told him I was afraid there were more things that he had taken. Then he said he recollected more, and wrote down one piece of lawn, one guinea, and said that was all he recollected; he owned he had stole these things from his master, and, if he would forgive him, he would make him full satisfaction, and likewise for any thing else that he should afterwards recollect that he had taken.
Royall. When Mr. Allen examined her, and she brought her boxes down, I was present. I set down on this paper (holding a paper in his hand), from her own mouth, what she said she had from Harry Geare . She said she bought them at different times of Geare; she had paid him some, and was to pay him the surplus sums as I here put down. I don't recollect what money she said the had paid him.
Q. What is the Amount of the money that you by her direction put down?
Ryall. It amounts to about 3 l. 15 s.
Q. to Allen. How long before this happened was it that you settled accounts with Geare?
Allen. I never settled with him to this time; he delivered his account the Monday before.
Q. What wages might be due to him when this happened?
Allen. Here is his account, he says, coming to him, 8 l. 6 d.
Q. Did he in that account charge himself with any other goods besides this piece of linen?
Allen. Yes, the two waistcoats which I mentioned, that is all.
Q. What was his wages a year?
Q. How much is due to him for wages?
Allen. 17 l. 2 s. deducting the linen and waistcoats; in his account, in all, five guineas he received in cash. He has said at different times, Sir, I want a guinea, and I have given it him. I gave him a strict order never to take any money out of the till for his own use. The linen at 3 l. and two waistcoats at 11 s. the balance is 8 l. 6 d. If he had sold these goods in the shop, it was his business to have put the money into the till; and the rule of the shop is, that he should settle the shop every night, and give me the tickets; they go regularly into books after that.
Lion Marks. I know this Harry Geare to be a very honest fellow; he asked me about four months ago if I had a thickset coat for him (I keep a shop, and deal in old cloaths). I sold him one for 14 s. I come to that shop every day in my life; I came two or three times; he did not pay me; at last I bought this piece of linen cloth of him in the shop, and took it at 10 s. in part payment.
Q. to Allen. Is this in the account Geare has delivered to you?
Allen. No, it is not; I never had known of it, if the man had not discovered it.
Marks. He put it down in a little book, and said it was his own account.
Q. Was this done publicly, or in a whisper?
Allen. That Daniel is the apprentice.
Q. Do you remember this piece of linen in Mr. Allen's shop?
Brown. I remember it hanging in the shop.
Q. Was you present when Geare sold it?
Brown. I do not remember that I was.
Q. Do you remember being in the shop when Marks received any thing of Geare in part of payment for a frock?
Brown. No, I do not.
Q. to Marks. Did you not say this lad was in the shop at the time?
Marks. I think he was, but I can't safely say he was.
William Boddington . I am constable. [He produced the goods.] I was sent for, I believe on the 28th of April; there was Geare very melancholy in the room, Mr. Allen gave me charge of him. Geare wrote down several things that he said he had taken from his master.
Q. Did you hear the word steal?
Q. to Allen. Look at the things produced; do you know them, or either of them?
Allen. It is impossible I should swear to them, as the bills were taken off.
I am not guilty of any thing that is laid to my charge; I honestly paid for them all.
I never had any thing of him but what I always paid for.
Geare called Henry Adamson , William Adamson , and John Humphrys , who had known him from his birth, Robert Stone and David Spires 13 years. Thomas Brooks three years, and Ambrose Stevenson 14 years, who all gave him a good character.
Q. How long?
Trott. I believe eight or nine months.
Q. What is his character?
Trott. I know nothing of his character.
Geare Guilty . T .
Walker Acquitted .
171. (M.) Jane Sibson , Widow , was indicted for that she, not having God before her eyes, but being moved by the instigation of the devil, of malice aforethought, contriving and intending to deprive George her husband of life, feloniously and traiterously to kill and murder, did mix a great quantity of mortal poison called corrosive sublimate, or white mercury, on bread with butter, which by her persuasion he did eat and swallow down, of which he languished from the 23d of April till the 26th of the same month, and then died; by which means she the said Jane him the said George did kill and murder. *
Ann Wright . I live servant with Mrs. Martin at Longford; she is the prisoner's mother; the prisoner lived with her. Mr. Sibson, the deceased, came down to her house on Shrove Tuesday the 23d of February; he had been lately come to England; that was the first day that ever I saw him.
Q. What state of health did he appear in?
A. Wright. He did not complain that day. The next day he went to London, and staid all night; the day after he came down to Longford, and then complained of his bowels. He staid at Longford
Q. How was he on the Friday?
A. Wright. I can't say he complained that day, but he never seemed well.
Q. How was he on the Saturday?
A. Wright. I really can't recollect how he was that day. He went to London on the Monday, and Mrs. Sibson went up to him on the Tuesday, and they came back together on the Saturday following, and Mr. M'Coon came down with them. Then Mr. Sibson had a very bad cold, and looked very ill. He staid till the Monday, and then went to London again, and did not come down to Longford till the Tuesday se'nnight after. He had lodgings in Maiden-alley; when he came back, he was very bad with a cold, and coughed very much; he always said London did not agree with him. He staid then at Longford from the Tuesday till the Friday, then he returned to town again. He staid in London till the last time of his going down, which was on the 6th of April; he was then very ill.
Q. What day was the 6th of April of?
A. Wright. It was on a Tuesday; he came in between 12 and one at noon; he went and laid down on the bed before he had been in the house many minutes; then he staid there till he died.
Q. How often did Mrs. Sibson go to London with him?
A. Wright. She went twice to town, the second time of his going, and the last; but she went the day after him both times; he went on the Monday, and she the Tuesday; the last time he went on the Friday, and she on the Monday; the last time they returned they came in the stage-coach together.
Q. When did he die?
A. Wright. He died on the 26th of April.
Q. Did you attend him all the time till he died?
A. Wright. I did not attend him so much at first as towards the latter part of the time.
Q. During the time he was there, till the 26th, describe his disorder?
A. Wright. The first week he was there he complained very much of his head, sides, and stomach, and had a violent cough; he said the cough gave him pain in his sides; he coughed very much.
Q. Was he troubled with reachings?
A. Wright. I never saw him reach but once; that was about a week before he died, upon taking a medicine; I was not long together with him.
Q. Did you ever sit up with him?
A. Wright. I did one night, the last night but three before he died.
Q. Had he any bloody stools?
A. Wright. He had some, and a great purging upon him very often.
Q. Did you ever hear him complain of gripings in his bowels?
A. Wright. I can't say I ever did.
Q. What did he complain of that night you sat up with him?
A. Wright. I can't say he complained of any thing in particular that night, he was very thirsty.
Q. Did you never hear him make any complaint with respect to his mouth?
A. Wright. I never did.
Q. Do you remember any thing of a chamber-pot that had something in it?
A. Wright. That was about 10 days after he came to Longford, the first night that I sat up with him, a Thursday night, and the Friday morning I saw the chamber-pot; I sat up with him till one o'clock on Friday morning, and Mrs. Sibson sat up with him after I went to-bed. I took away the chamber-pot on the Friday morning about 7 o'clock; it was standing upon the hearth in the room. When I went to empty it, it would not come clear with cold water, and I washed it with warm water. I did not take particular notice of it, it looked to be white and greasy.
Q. Was it a greasiness swimming on the water, or sticking to the sides of the pot?
A. Wright. It stuck to the sides of the pot, and would not come off.
Q. Had you any conversation with Mrs. Sibson concerning any poison?
A. Wright. No, only on the Friday night or Saturday morning; we were all up in Mr. Sibson's room, she, Mr. Bearblock, Mrs. Martin, the brother to the deceased, and Mrs. Tooth, five of them.
Q. Can you tell what time it was?
A. Wright. About two o'clock on the Saturday morning; she was in a sit. When I thought she was going into sits, I went down stairs, and called Mr. Bearblock and his brother; she threw herself upon the bed; we got her off the bed from him, and put her on the other side to lie down. Then she said she brought some opium from London with her, and was determined to die when her husband died. After that I went to bed; she said to me after I was in bed, she went down, and cut some bread and butter, and spread opium upon it, and eat some of it, and it made her sick, and she reached in the pot, and she could not eat it all, and she put it into a bit of paper, and left it in a band-box in the window. I got from behind the bed, and went to the bandbox, because I recollected I h ad emptied the pot in the morning. I took it to the table with the candle. When I opened it, I found a bit of news-paper, in which was a bit of bread and butter. The deceased's
Q. What did he say to you?
A. Wright. He did not say a word to me, nor I to him; he put it into his pocket. Mr. Bearblock and Mrs. Martin desired to know what was the matter. I took them into another room, and related to them what Mrs. Sibson had told me. Then we went into the room, and desired Mrs. Sibson to get off the bed; we got her into another room.
Q. Did you hear Mrs. Sibson give any account of having opium from any other place than London?
A. Wright. Mrs. Martin asked her where she had it: She said she brought it from America with her, and that she had been used to take opium in America.
Q. When was this?
A. Wright. This was a day or two after.
Q. In what condition was the prisoner as to health and senses then?
A. Wright. She was in her senses. She said she used to dissolve it in broth, before she spread it on bread and butter.
Q. In what condition was the deceased before he died?
A. Wright. He died on the Monday about a quarter after two in the afternoon. On the Saturday night and Sunday morning he was taken much with bloody stools; they continued on the Sunday; and on the Sunday night he was very much convulsed, and sometimes very restless.
Q. On the Thursday night before he died, did you leave him and her together?
A. Wright. He had been very ill, and was very ill when I left him at night, and on Friday he was very ill.
Q. How did she behave to him?
A. Wright. She behaved with a great deal of love and affection towards him; I know nobody fonder of one another.
Q. Did you go to London with the prisoner, and at what time?
A. Wright. I did, about six in the evening; we went to Bearbinders Lane, and that night we went to the Commons.
Q. Do you know any thing of her writing a letter to the undertaker?
A. Wright. She wrote a letter to the undertaker before she went to London; she wrote that about a quarter of an hour after he died.
Q. Do you know of any application made for the body to be opened?
A. Wright. Mr. Sibson, the brother, came about half an hour after two on the Monday, about a quarter of an hour after his death; he asked how his brother did. They told him he was departed. He said, Mrs. Sibson, have you a mind to have him opened?
Q. Recollect the words as near as you can?
A. Wright. She made him but very little answer. Before that, I had heard a conversation between Mrs. Martin, Mrs. Bearblock, and the prisoner. The prisoner told me she had mentioned it to Mr. Bearblock, and he had dissuaded her from it.
Q. What was that?
A. Wright. She said, that if he died, she would have him opened, and have his heart to keep.
Q. Did you never hear Mrs. Sibson, before he was so ill, talk of an intention, that whoever died first, the survivor was to have the other's heart, to be put into a silver cup, and kept in the room where they lay?
A. Wright. I have heard her speak of it.
Q. Are you now in mourning for him?
A. Wright. I am.
Q. Did not Mr. Sibson go to Windsor to be let blood?
A. Wright. He did; that was on the Wednesday or Thursday, I think the first or second day after he came the last time to Longford.
Q. Did Mr. Tyrrell come to Longford?
A. Wright. He did; he came with him the day after he went to be blooded, and Mr. Sibson's brother came also in the chaise with him.
Q. How far is Windsor from Longford?
A. Wright. It is about six miles.
Q. Did Mr. Tyrrell treat him as a person consumptive?
A. Wright. He blooded and blistered him, and gave him stuff for his cough. I heard Mrs. Sibson ask Mr. Tyrrell, if he thought his case dangerous? He said, No.
Q. How long was this before he died?
A. Wright. This was a week before. She said, Sir, I beg you will not flatter me, that I may have farther advice. He said, he was not in danger, there was no occasion for it, and he would have him come to Windsor in a day or two, and that it was want of better spirits that kept him so low. He said, if he had better spirits, he would eat and drink heartily, and would soon be well.
Q. Was he capable of eating?
A. Wright. He eat but very little, and that was spoon meat; he once eat a pigeon, that was about a fortnight before he died?
Q. How long before he died did he eat any bread and butter?
A. Wright. I don't know; when he drank a dish of tea, he did not eat any thing. I never saw him eat any thing but spoon meat (except the pigeon), and when he has had bread in it, he has left that.
A. Wright. Dr. Lucas was sent for on the Thursday night, he lives at Windsor. Mr. Tyrrell advised him to go out every day. On that day he and Mrs. Sibson went out in a chaise, and in the evening he was very deaf, and we were forced to speak very loud to him. Mrs. Sibson left word with Mrs. Martin, that if the brother came before they returned, for him to go back to Windsor to call Dr. Lucas; and if Mr. Tyrrell came, to stay till Dr. Lucas came. Mr. Tyrrell came, and he wrote a note to Dr. Lucas, and he came. Dr. Lucas came on Friday morning, and Dr. Hays on the Saturday; after that Mrs. Sibson was desirous of having Dr. Porthergill: he could not come.
Q. Was the prisoner in her senses, do you think, when she talked of the bread and butter?
A. Wright. I think she was out of her senses by reason of grief and affliction.
Q. Could you see how that bread and butter looked?
A. Wright. It did not look thin to me; it was a very little bit, about three fingers breadth. There was another piece of bread and butter produced at the same time before the coroner.
Q. Can you say it was not the same?
A. Wright. Really that bread and butter that I saw before the coroner was something thinner than what I saw in the bandbox, and seemed to be broader; I do think in myself that it could not be the bread and butter that I had seen before.
Q. Had you any talk with Mr. Sibson in the garden, of what he had done with that piece of bread and butter?
A. Wright. On the Saturday, when he was gone out at the door, I said to him, Mr. Sibson. what have you done with the bread and butter that I took out of the bandbox last night? Said he, I threw it over the wall into the water.
Q. Was you present when Mr. Sibson said he had thrown some of it into the fire, and it burnt like gunpowder?
A. Wright. On the Monday after my master died, when he came from Windsor, he inquired for me very much; he came into my room, and asked me what I wanted the bread and butter for? I said, Not for any thing, but to see what was upon it. O, said he, I kept it, it was not opium, it was white arsenic, and Mr. Tyrrell told him so. He said, when he came home, he had two little girls; he asked them, which of them will have a bit of bread and butter: that he broke a little bit of it off, and threw it into the fire, and it burnt like gunpowder: that he went to a shop, and bought some white arsenic, and threw some of that into the fire, and that burnt the same. Mr. Johnson was by; he asked him where he bought it, he refused to tell him.
Q. When did your master make his will?
A. Wright. He made his will on that same day that Mrs. Sibson mentioned the bread and butter. Mr. Bearblock and Mr. Sibson were in the room at the time; this was on the Saturday, and he died on the Monday following.
Q. Did his brother till that time say he had a suspicion that the deceased had not fair play?
A. Wright. No, not at all, but always said his brother was used very well all the time.
Counsel. Though you are the prosecutor's witness, I will ask you, had you yourself ever the least suspicion of your mistress having poisoned your master, or having used him ill in any respect?
A. Wright. No, I never had.
Q. What do you think your master died of?
A. Wright. I think he was in a very deep consumption.
Q. Do you in your conscience believe your mistress was not an affectionate good wife?
A. Wright. As affectionate and good a wife as any I ever saw in my life.
Q. Did Mr. Tyrrell ever in your hearing express any suspicion of foul play?
A. Wright No , never in his life. I heard Mr. Tyrrell say before Mr. Fielding he did not see the bread and butter till the Monday morning; and he said, For God's sake, flee away to Longford, and perhaps, if alive. we may save his life. This he said was to Mr. Sibson; and when Mr. Sibson came, he came on foot.
Q. Did you hear Mr. Tyrrell, before justice Fielding, say, that Dr. Lucas had told him your master did not die a natural death?
James Bearblock I saw the deceased I believe the day after he arrived at Longford, that day he came to my house; I was very glad to see him, and told him I never saw him look so well in my life, and it was taken notice of by all the neighbours in general. I saw him again that evening at the horse-shoe in Newgate-street; it was a general remark among all his acquaintance, how well he looked. I saw him several times afterwards; he dined at our house, it may be ten days after, and he was extremely well then I saw him two or three times a week after this, till the time he was laid up at Longford.
Q. What time did he begin to complain?
Bearblock. He began to complain about three weeks after he came here. I called at Mrs. Sibson's lodgings. She told me he was not well. I told him to go into the country for a little air, that might being him about.
Q. What did he complain of?
Bearblock. He complained that he was not well.
Q. Did he complain of any thing in particular?
Q. Did you observe him to cough?
Bearblock. I had not heard him cough since he has been over here, more than at other times.
Q. Did you see him at Longford?
Bearblock. His brother came on Friday the 23d of April, and told me he then lay a dying. I went down that afternoon. He said, They desired I would bring down Dr. Fothergill. We went there; the doctor could not go down. Then we went to the Black Bear in Piccadilly, and got to Longford about half an hour after nine o'clock; I found him very bad indeed. About one or two in the morning, as Mrs. Sibson was lying on the bed, by the side of her husband, she said, Mr. Bearblock, I'll be buried with him. I asked her the reason. She told me she had taken some poison, opium spread on bread and butter, and, if that would not do, she had more in the room, and she would take that. The maid immediately ran to a bandbox in the room, and opened it, and put her hand under some things ( caps, I believe), I did not see any thing in her hand; the brother immediately ran after her, and took it out of her hand, I believe. He came immediately after to me, and said he had got it, and jogged me by the elbow. After that, Mrs. Sibson told me, if he died, she would have him opened, and have his heart taken out to keep by her. I told her it was very idle talking, and endeavoured to persuade her to do no such thing, but she insisted upon it. She said to me, Poor Tom abroad will never forgive me for what I have done, as long as he lives (meaning the brother abroad). I said, For God's sake, Mrs. Sibson, what have you done, that Tom abroad will not forgive you? She made answer, she was sure he would never forgive her. Some time before breakfast Mrs. Sibson's mother and she both said Dr. Tyrell was a booby, for he did not understand Mr. Sibson's case, for that he never would believe he was in a consumption. On the Saturday, as we were at dinner, Mrs. Martin said, I told my daughter, the very day that I saw him at Longford, he was a dead man, for he was in a galloping consumption.
Q. Was Mrs. Sibson by at that time?
Bearblock. She was at the table. I told her I had seen him the day after she saw him, and was surprised she should think so, for he looked better than ever I saw him in my life. I went away about 6 o'clock that evening, and lay at a friend's house at Arlington, about three miles off. I said I would call again in the morning, but I was afraid I should not see him alive.
Q. You say you was informed by Mr. Sibson he had got the bread and butter, did you look at it?
Q. Did you look upon opium as poison?
Q. Did you desire him to shew it you?
Q. Nor did he not offer to shew it you?
Q. Did you ever see it?
Bearblock. I never saw it till before justice Fielding.
Q. Did you see the maid take it out of the bandbox?
Bearblock. I saw her put her hand in, and take it out again; I cannot say I saw the bread and butter in her hand. She ran away, and the brother ran after her and stopt her, and came and jogged me by the elbow, and said he had got it
Q. Did you look upon Mrs. Sibson to be in or out of her senses?
Bearblock. I thought she was in her senses. she appeared to me in a great deal of grief, yet sensible; she appeared as most women do when their husbands are ill.
Q. Are you a married man?
Bearblock. No, I am a bachelor. I went there again; she told me he was alive, but very ill, and she thought I could not bear the steach of the room. I went and asked him how he did. He looked at me, but made no answer. I could not bear the room, I went into the next room, and there I could not stay till I got fresh air from the window. Mrs. Martin came in, and said, he had voided six quarts of blood that morning. She desired I would give her daughter a little advice, for she intends to lay out a great deal of money to bury him in a pompous manner ( they talked of burying him in town, at Bow church). I told them I would have them bury him at Aimsworth the parish they lived in. Mrs. Sibson said she would have him opened, and the heart embalmed, and put in a case of silver or pewter, to open and shut, so as to look at it as she had a mind. I told her this was talking in a very idle manner, and bid her have no such thought: I told her, Your mother tells me you are going to do a very foolish thing, to bury him in a very pompous manner. Said she, Mr. Bearblock, I'll lay out a hundred pounds. I said, that will be quite out of character, pray bury him in a decent manner at Aimsworth. I did not know that my reasonings had taken effect. After that, the brother told her he was dead, and they thought he was poisoned; that is all I know of it.
Q. How often had you seen him and his wife since their return from America?
Bearblock. I believe I saw them three or four times; I dined with him and her together.
Q. How did they seem to behave towards each other?
Q. Did she appear to be fond of him?
Bearblock. She appeared like other people, as married people do.
Q. Did they appeared to live well together?
Bearblock. They did.
Q. Did you ever hear any disputes with him?
Bearblock. No; they appeared to live well; I can't say to the contrary.
Q. Do you know which was the person that had the fortune, whether he or she had the better fortune?
Bearblock. I believe she had the better fortune.
Q. At the time you heard her talk of this opium, and the maid went to the bandbox, had you any suspicion that she had opium or poison for her husband?
Bearblock. I had no suspicion, before the husband's death, that the man had been poisoned, or that she had given her husband any thing.
Q. Had the brother given you any idea that he had an apprehension that the deceased had the poison given him?
Q. Don't you imagine he would have taken some opportunity of speaking to you, if he thought his brother was poisoned?
Bearblock. I do not imagine he thought so then; if he had, he would have told me, I make no doubt.
Q. If she had given her husband poison, can you conceive she would be talking of opium, or bring up the subject of poison?
Bearblock. They might pretend to have such a regard for their husbands, as to be buried with them.
Counsel. You say you are not a married man?
Bearblock. I don't think I should have such a regard for my wife (had I one) as to be buried with her.
Q. When she told you her brother Tom would never forgive her, what had she done? was that ever explained?
Bearblock. I asked her the reason; she said he never would forgive her.
Q. What did you understand by that?
Bearblock. I could not tell what to think of it then, and know no more of it now.
Q. You say the brother said, They desired Dr. Fothergill to come down; who did you understand by They?
Bearblock. I understood Mrs. Martin and Mrs. Sibson.
John Tyrrell . I have made a narrative of Mr. Sibson's case from time to time, and I desire I may have leave to refex to it in the course of my evidence; I made remarks every day, and what I have here, I digested from my remarks.
Q. Have you your original remarks here?
Tyrrell. No, I have not.
Court. Then you cannot read what you have.
Tyrrell. I was desired to see Mr. Sibson on the 8th of April, his brother Robert came to my house for me. I went to his brother's house to him; he was there then; this was at Windsor. He appeared to me then to have fresh complaints upon him; he had a very quick pulse, and complained of his mouth being sore, and he had a very great thirst, and a total loss of appetite. I don't remember he made any other complaints to me at that time; I advised him to lose some blood.
Q. What did you take his disorder to be at that time?
Tyrrell. I could not tell. When I was inquiring into his complaints, he told me he had rode on horseback from Longford; I did not know but the fresh complaints might proceed from riding on horseback. I thought him so ill, I wondered he should come on horseback from Longford.
Court. You formed some judgment, or you would not have prescribed?
Tyrrell. I thought he had a fever, and bled him there, and gave him some medicines proper for a fever; at the same time I inquired into the nature of his case, that is, how long he had been ill. He said, Some few days. I asked him about his general state of health. He said, for near three years he had been at Halifax in Nova Scotia , and had returned to England a few weeks before; and soon after he returned he was taken with griping pains in his stomach and bowels (a flux he called it). I asked him whether it was a bloody flux, and whether it was attended with pains. He told me, Yes, very griping pains. He said the stools were sometimes bloody, not always. I told him he must not ride on horseback by any means, and begged of his brother to hire a post-chaise, and go home with him; he returned home in a post-chaise. I told him I would see him the next day, and advised him to lie in bed in the morning, and I should be a better judge of his feverish complaints when he had lain in bed. I found him much the same; his pulse was not so quick; then he made a very great complaint of his throat and his mouth. I asked him to let me took into his mouth; he did; his mouth was sore, his tongue was full of heats (little blisters); in short, I looked upon it a complaint arising from heat. Mrs. Sibson told me he had a cough; I asked him about the nature of his cough, whether he coughed or no. He said, No, Sir, I have not much of a cough, but there is such a continual dryness in my mouth, that I am always wetting my teeth with my tongue. Mrs. Sibson said,
Q. Was any thing material in that conversation?
Tyrrell. No, only Mrs. Martin thought him in a galloping consumption; I was of opinion clearly he was not.
Q. What was your opinion his illness was?
Tyrrell. His griping stools never left him a whole day, and this I could not account for, it was a singular case; he was continually talking about his drought.
Q. Would not the sever account for his drought?
Tyrrell. That in a great measure went off after my attendance; in four days his sever left him, upon my second bleeding him.
Q. Was he well after the fever left him?
Tyrrell. He was not; he complained of thirst and a sore mouth, and griping pains in stools; he always called it by the name of flux.
Q. Had he much of a fever?
Tyrrell. He had no remarkable fever.
Q. Did that loss of appetite return?
Tyrrell. Yes, so as to eat lamb steaks, by Mrs. Martin's account; she told me he had eat lamb steaks some few days before his death; I think he died on the Monday.
Q. What do you think of his distemper now?
Tyrrell. It was a singular case.
Q. I ask you as an apothecary, according to your judgment, tell us your judgment?
Tyrrell. I verily believe he died of poison; I opened him four days after his death, the first part that appeared in view was the stomach, it appeared to be very much inflamed, and towards the upper part of it, it looked darker and darker, of a putrefied colour.
Q. Was it putrefied?
Tyrrell. Certainly it was; we tied both the orifices of the stomach, in order to see if there was any thing in the stomach, or not; then I opened it with a pair of scissars, and let it in a bason.
Q. How did the outside appear?
Tyrrell. That appeared to be red, inflamed, and putrefied; the inside appeared the same, and more so.
Q. What were the contents of the stomach?
Tyrrell. They consisted only of about two or three spoonfuls of very black liquor, which was put into a vial, the internal part of the stomach, the blood-vessel, seemed to be inlarged and thick; there was a mortified stuff in one part of the stomach; it had destroyed the coats of the stomach both internally and externally; the natural solds of the stomach were totally obliterated; it was as smooth as a bit of glass, excepting one part, it was that part towards the upper end of the stomach; after we had made this experiment of the stomach, Mr. Howard took the stomach home.
Q. Who were with you?
Tyrrell. Mr. Howard and Mr. Johnson, surgeons. I said, Leave the stomach, we will examine it again. He returned the stomach to me in spirits; then I more particularly examined it; it appeared then, if the man had lived a little longer, the stuff would have come out; it appeared more plainly to be mortified.
Q. How many days after was it that the stomach was returned you?
Tyrrell. That I can't say.
Q. From the observations you made upon him when alive, and upon opening the body, joining both together, what is your opinion was the cause of his death?
Tyrrell. I apprehend it to be occasioned by poison; the whole bowels were inflamed, more or less, as the stomach; the stench was almost insupportable, so that there was no examining them; as far as they could be inspected, they appeared inflamed in the same manner; I don't know of any disease that could produce the same appearances in the stomach, but some poisonous body.
Q. Can you go so far as to say what particular kind of poison those appearances indicated?
Tyrrell. It appeared to be corrosive sublimate; many kinds of poison will produce the same effect.
Q. Do you know any thing of the bread and butter that was in the possession of the brother?
Tyrrell. Mr. Sibson came to me on Monday. the day he died, at 8 in the morning, and said, What do you think of my brother's illness? I said, Really I do not know what to think, it appears to be a very singular case. He produced some bread and
Q. How big might they be?
Tyrrell. They might be as broad as my four fingers, like common bread and butter. There was something seemed to me to be strewed on in powder, and the two butter'd parts were together.
Q. What was it that was strewed on it?
Tyrrell. Corrosive sublimate.
Q. On what part was it spread?
Tyrrell. It was on the buttered part of the bread and butter: he gave it me wrapt up in a piece of old news-paper: he told me it was in that situation when he took it from Mrs. Martin's maid. I heard the maid say her mistress had brought poison enough from London to poison forty people. She did not mention opium. This was when we came to open the body.
Q. Did she call Mrs. Sibson her mistress?
Tyrrell. She did.
Q. Did she mention her name?
Tyrrell. She said Mrs. Sibson my mistress: she ever call'd her so, my young mistress and my old mistress.
Q. Did you ever apply to Mrs. Sibson to open the body?
Tyrrell. No; Mrs. Robert Sibson applied to me: he said he was determined to have him opened let it cost him what it will, if he begg'd his bread. This was at my house on the Monday in the evening of the day he died. I said, how did you find matters? He said his brother had been dead about a quarter of an hour. I said, how came you not to go there sooner? I desired you to make particular haste. He said he had had business.
Q. How soon after he died was the body opened?
Tyrrell. The body was not opened till Friday, four days after.
Q. How came it not to be opened sooner?
Tyrrell. Mr. Howard and I waited three or four days; there was a young gentleman there, who said he was an agent from Mr. Johnson of Brentford, and he was come to be an assistant in opening of the body. He said, I desire it may not be opened now (this was on the Wednesday.) Mr. Sibson went with me on the Tuesday: Mrs. Martin said her daughter was not at home; but if she was at home it should not be opened for ten thousand pounds: however, when I put her in mind the body was not her property but her daughter's, she gave it up, and said my daughter is not at home, you must stay till she comes home.
Q. Did you stay till her daughter came home?
Tyrrell. I did: her daughter came in the evening. I asked her. She said, no. It shall not be opened by any means in the world. Then I said, there is a reason for our requesting it so strong, we suspect the body is poisoned. Oh! Sir, said she, if that be the case, by all means the body shall be opened. Then Mr. Howard and I went on the Wednesday, by Mrs. Martin's appointment, to open the body, by the general consent of parties. This young gentleman said he was assistant to Mr. Johnson of Brentford: he said as there are but four of us, that was he, Mr. Howard, myself, and Mr. Sibson, if poison should be found in the stomach we shall never be able to satisfy the ladies but that we had brought it in our pockets. Upon which I said, I shall certainly have nothing more to say to you, and called him dirty fellow. We waited till dark, and I said the weather is very hot, we shall meet with difficulty if it remains in this state.
Q. What did prevent its being opened?
Tyrrell. Mrs. Martin said the body was in her house, and would not permit us to go up stairs. She said, if I have not a right to resuse the opening the body, this is my right, it shall not be done here. Then, said I, we must have the body out of the house. On the Thursday we went again: then Mr. Sibson, the prosecutor, determined to apply to the Middlesex coroner. He was applied to; but he could not attend. Mr. Howard, Mr. Johnson, of Brentford, and myself opened the body, and it appeared as I have mentioned.
Q. Did you communicate your opinion to one another?
Tyrrell. There was a great deal of talk. When we had examined the other internal parts, the lungs appeared to be extremely healthy, and so did every other internal part, except the stomach.
Q. Did you all sign a certificate?
Tyrrell. We all four did; it was drawn up by the coroner.
Q. Was this after you had inspected the body?
Tyrrell. It was.
It is read to this purpose:
From the present appearance of the parts there is no reason to think his death proceeded from any cause occasioned by poison; but do agree at the same time the parts appeared in a putrid state, and a judgment cannot be formed, as if the inspection had been made sooner before the body was infected.
Tyrrell. The smell was extremely offensive. We examined it in a cursory way: every body was liable to catch a putrid fever.
Q. At the time you signed this, did you think his death appeared from any cause occasioned by poison? The certificate says, there is no reason to think
Tyrrell. Upon my oath there was no certain judgment to be formed because of the stench. I objected to the signing any thing for three hours.
Q. Did they never convince you of it?
Tyrrell. No, they did not.
Q. Then do you say you signed this certificate unadvisedly? - It does not contain your opinion.
Tyrrell. I signed, that the stench of the stomach was insupportable.
Q. What was your opinion when you signed it?
Tyrrell. I was in that opinion in general at the time I signed it.
Q. Then you had seen the corrosive sublimate on the bread and butter?
Q. from coroner. Who dictated the certificate?
Tyrrell. Mr. Pitt, I believe. After the stomach was clean'd from filth then these evident marks of poison appeared very plain.
Q. Did the marks appear in a greater degree after put in spirits than before?
Tyrrell. They did, and made me alter my opinion.
Q. What was your opinion of this gentleman's disorder, when you considered it as a feverish complaint, and had been told by Mrs. Martin he was in a galloping consumption, upon which you gave him some medicines proper for a cough, and had blistered him?
Tyrrell. I did not consider him consumptive.
Q. What did you then think his case to be?
Tyrrell. I acknowledge my ignorance; I did not know.
Q. Point out the singularity of it?
Tyrrell. The insatiable thirst that he complained of, and no other feverish complaints, and no feverish pulse to support an opinion that the thirst was occasioned by a fever.
Q. Then you think when a man with a flux upon him, a strong purging, and no feverish complaint, it is singular a man should be very thirsty?
Tyrrell. I think it is singular that a man who has a diarrhoea should be thirsty; but here is another case, he had a sore mouth. I ordered things to be applied to his mouth to relieve that soreness.
Q. Did the case that you speak of ever leave him?
Q. In such a very singular case, did you advise a physician?
Tyrrell. I did, and they refused it.
Q. Did they never desire it, and you refuse it?
Tyrrell. No never, that I recollect.
Q. When did you recommend it?
Tyrrell. The third day of his illness I very strongly recommended it.
Q. Whether you was not desired by the wife and mother to call in a physician the Monday before he died, and you said there was no occasion, or at any other time, perhaps you may not remember to a day? and did not Mrs. Sibson say to you, if you apprehend my husband to be in a very dangerous condition, for God's sake do not deceive me, let me have the assistance of a physician?
Tyrrell. I do not remember that; there did not appear to me to be any danger.
Q. Did not you, upon your oath, endeavour to perswade them from having a physician?
Tyrrell. I remember I said his illness was a lowness of spirits, and if he would eat and drink heartily he would do well.
Q. Whether it was your indispensible duty, if you can have a physician, for your own character, as the case was unaccountable, to have recommended one?
Tyrrell. I did insist upon a physician the Thursday before he died: then I first apprehended danger.
Q. How came you 17 days before he died to say the case was very singular, and you did not know what his disorder was?
Tyrrell. That was through weakness.
Q. What alteration was there on the Thursday?
Tyrrell. A very great alteration; he was in a very stupid state. I was a good while making him understand that I had sent for a physician.
Q. Was he free from pain?
Tyrrell. He was very far from being free from pain: he held his hand upon his stomach, and groan'd grievously.
Q. Was he stupid and sensible of pain?
Tyrrell. He was.
Q. Did you advise this gentleman to go abroad in the chaise?
Tyrrell. I did.
Q. When was the last time?
Tyrrell. It was the Monday before his death.
Q. When did Dr. Lucas see him?
Tyrrell. He saw him on the Friday before his death. I saw him in the garden walking by himself, and congratulated him upon the prospect of his being better.
Counsel. You signed this certificate, and gave it upon oath to the coroner upon his inquest, according to your judgement, and you are still of that opinion, so far as the then inspection of the body could lead you; what did you think of the corrosive sublimate that you saw upon the bread and butter?
Tyrrell. I know it was poison. I disputed it with the surgeons, and shewed it them.
Q. Did you dispute it with the surgeons, in order to bring them over to any opinion that you had formed?
Tyrrell. I argued it with them.
Q. Did you argue with them, that you imagined the man died of poison?
Q. At the time you signed the certificate you said you was of opinion the man did not die of poison; had you any reason to think he had taken any of the corrosive sublimate?
Tyrrell. I did not know what to think then.
Q. Did you ever see an animal that had been poisoned by corrosive sublimate?
Q. Do not you know the animal that has taken corrosive sublimate is in strong convulsive pains within an hour or two after, and continues so till it dies?
Tyrrell. I have no doubt of that at all.
Q. Had the deceased these symptoms?
Tyrrell. No, he had not.
Q. Is there a quantity that will let a man live four days after taken, and then kill him?
Tyrrell. Yes, I believe, four months.
Q. Have you read in Dr. Mead, that an animal can linger under it four weeks?
Tyrrell. Four months; I give my opinion.
Q. Do not you know, that if a quantity of poisonous matter is given, so small as not to give a high inflammation to cause immediate death, will not nature discharge itself?
Tyrrell. That is all matter of uncertainty.
Tyrrell. I did.
Q. Was Mr. Pitt, the surgeon, there at that time?
Tyrrell. He was.
Q. Do you remember Dr. Lucas's name being mentioned, and Sir John's wishing the physicians had been there to put it beyond all doubt?
Tyrrell. I do not remember that.
Q. Do not you remember your telling him, that if Dr. Lucas was there he would put it beyond all doubt; for he was of opinion the man died of poison?
Q. Did Dr. Lucas tell you so?
Tyrrell. No, he never did.
Q. Did not you swear, that Dr. Lucas did say so? Do not you remember you said Dr. Lucas had never seen Mr. Johnson, and there was a long conversation about it?
Tyrrell. Upon my oath, I do not remember it.
Q. Did you see Dr. Lucas before he saw the patient?
Tyrrell. No; Mr. Sibson went for him.
Q. Was you there when the doctor visited him?
Tyrrell. I was.
Q. What was his opinion of him?
Tyrrell. He looked upon him as a dying man.
Q. At the time of your opening the body, do you remember taking out the lungs, and saying, Brave lungs, gentlemen, here is no consumption; this is not the illness the man died of?
Tyrrell. I did; I remember that.
Counsel. You had seen the bread and butter, knowing the corrosive sublimate to be poison: you was alarmed with suspicious, yet when you saw the stomach you did not believe he died of poison. The certificate that you signed says,
"We have carefully
"unanimous of opinion that his death could not be
"occasioned by poison."
Q. Who was it that you told you would bring to the Old Bailey?
Tyrrell. I don't remember that I mentioned such a word.
Counsel. I'll put you in mind of it - Here is a brave inflammation, Mr. Howard, we are in the right now; come and look at this inflammation, you young rogue, you shall go with us to the Old Bailey. Did not you say this?
Tyrrell. I swear I did not say so.
Q. Will you swear you did not say before Justice Fielding, that Dr. Lucas had informed you, it was his judgement that Mr. Sibson died of poison?
Tyrrell. I never said so.
Q. Upon your oath did you not?
Tyrrell. Upon my oath, I do not remember it.
Robert Sibson . On the 23d of February last, my brother (the deceased) called upon me; he was just arrived from North America: he appeared to be in as good health as ever I saw him in my life. About three weeks after he came to Windsor, and dined with me; he appeared to be then very well. I saw him on the Friday following. I came to London, and called upon him at his lodgings in Maiden-lane. He complained of some little gripings, and the bloody-flux. I think, on the Thursday following, he came to Windsor, and was ill. I fetched Mr. Tyrrell to him: he complained of a bloody-flux or purging, a pain in his neck, and a reaching. He complained all along of a violent pain in his head. Mr. Tyrrell let him blood. About the 23d of April I came to town at the desire of Mrs. Sibson to fetch Dr. Fothergill; but he could not attend. I went to Windsor for Dr. Hays and Dr. Lucas to attend: at night Mrs. Sibson seemed to be in a great deal of grief, and said, if he died she would be buried with him; she had taken opium or some other poison, and if that would not do she would take more, she would be buried with him; but before that she said she would have him opened, and have his heart to keep. She said also, poor Tom (meaning my brother) would never forgive her. Mr. Bearblock said, why will he never forgive you? She made answer, I am sure he never will for what I have done.
Q. How did you understand that?
Sibson. Upon my word I can't tell whether they had any quarrel or what. The maid went from her
Q. How long did you stay at Longford after?
Sibson. I believe the best part of the day.
Q. What time of the day did you take the bread and butter from the maid?
Sibson. In the morning, and I believe I left Longford about six in the evening.
Q. Did you tell any body of it till you came to Windsor?
Sibson. No, I did not.
Q. Nor shew it to any body?
Sibson. No; the maid asked me what I had done with it, and I said I threw it over the garden-wall.
Q. How came you to tell her so?
Sibson. I was willing to examine it to see what it was, and not to let her have it again. I had no thought of any thing at that time. I was resolved Mrs. Sibson should never have it again; for I really thought she intended to destroy herself.
Q. Did you throw it over the garden wall?
Sibson. I did not.
Q. Was Mr. Bearblock there all that day?
Sibson. He was.
Q. What day was this?
Sibson. This was on Saturday.
Q. to Tyrrell. Was you there on that Saturday?
Tyrrell. I was not.
Q. What was the reason you never look'd at it yourself, nor produced it the whole day?
Sibson. Upon my word I had no suspicion.
Q. Then why did you not throw it away?
Sibson. I was willing to look at it; but being so much fatigued in fetching the gentlemen, first I went for Dr. Fothergill, then to Windsor, sitting up all night, and having a dying brother before my eyes, I had no thought of looking at it. I wish I had looked at it then, as Dr. Lucas and Dr. Hays were both there. On the Saturday I waited on my brother again, and on my return to Windsor I waited on Dr. Lucas, and told him of it; He said it was impossible to spread opium on bread and butter. This was the day before my brother died: then hearing the maid say her, mistress had brought as much poison as would poison 40 people, and Mrs. Sibson say she would have my brother's heart, the thing struck me about poison, and never before.
Q. What time did you look at the bread and butter?
Sibson. I looked at it as soon as I came home to Windsor on the Saturday night.
Q. Did you tell Dr. Lucas how it appear'd?
Sibson. To the best of my knowledge I told him it appeared white. I went to Longford on the Monday; then my brother had been dead about a quarter of an hour.
Q. What was Mrs. Sibson doing?
Sibson. She was then writing a letter to an undertaker. She desired me to read it; but I can't give the particulars of it. I staid till she sent the boy with it. I desired of her that my brother might be opened. She waved it off by talking about his funeral. I told her I would wait upon her the next day with Mr. Tyrrell; which I did. After that Mrs. Martin said no such thing should be done in her house.
Q. Did Mrs. Sibson consent to have him opened when she heard it was poison?
Sibson. To the best of my knowledge she did. I know they refused his being opened, till I came to town to fetch the coroner. It was on the Thursday that the coroner had notice of it.
Q. How long had your brother been had before the bread and butter was found?
Sibson. Very near a fortnight.
Q. What was Mr. Tyrrell's opinion of his disorder?
Sibson. Mr. Tyrrell never look'd upon it as a consumption. I heard him say he never thought it a consumption in his life-time.
Q. What did he recommend to your brother?
Sibson. He recommended exercise to him. In short, my brother seemed rather hypocondriac or low-spirited.
Q. How did your brother and his wife agree together?
Sibson. In short, I never saw any two more affectionate to each other.
Q. Which had the fortune, she or your brother?
Sibson. I don't know that my brother had five shillings or five pounds. They were married abroad; I believe at Halifax.
Q. Did he ever inform you of his reason for coming to England?
Sibson. No, he never did.
Q. Did your brother make a will?
Sibson. I believe my brother's will was made on the Saturday: I was in the room.
Q. By that will, who did he give his effects to?
Sibson. He gave all to his wife.
Q. Was he sensible?
Sibson. I cant say he was totally sensible: he was not so at all times; but he was better then than he had been all the day.
Q. At the time he made his will, did you look upon him as a man capable of knowing what he did?
Q. What were the contents of it?
Sibson. I really cannot say. I remember he directed the gentleman to make over every thing to his wife.
Q. Did you shew the bread and butter to Dr. Lucas when you returned to Windsor?
Sibson. I did. he said it was no more capable of being spread than a board. It was these things that struck me with suspicion that my brother was not fairly dealt by.
Q. What powder did you yourself conceive it to be?
Sibson. That I cannot say.
Q. Did you buy any powder?
Sibson. I bought no powder any way in the world.
Q. Did you ever ask your children to eat a bit?
Sibson. When I got home on the Saturday night, it appeared then as white as white sugar. I broke a bit and threw it into the fire. It appeared to burn blue like saltpetre, or whether the paper might make that I don't know.
Q. Did you buy any in order to try?
Sibson. I did not: I had a little from Mr. Tyrrell to try the experiment two or three days after. I shewed it to Mr. Tyrrell the next morning after. I brought it home.
Q. What did he call it?
Sibson. He called it corrosive sublimate. He gave me some white powder.
Q. Did you tell him it burnt blue?
Sibson. I might tell him so.
Q. Did that stuff burn blue that he gave you for corrosive sublimate.
Sibson. I can't tell that.
Q. Did you never say, when you went home on the Saturday, to your little girls, do you love bread and butter, and a little bit fell off, and you threw it in the fire, and it burnt like gunpowder?
Sibson. I never said it burnt like gunpowder.
Q. Did you never say you went and bought some white arsnick?
Q. What experiment did Mr. Tyrrell order you to make with that stuff he gave you?
Sibson. Nothing at all. I did nothing but of my own imagination; he gave me no directions about it. Then I had suspicions my brother was poisoned, and never before. This was on Monday morning about 8 o'clock. I then communicated my suspicions to Mr. Tyrrell.
Q. Did Mr. Tyrrell tell you it was poison?
Sibson. He did.
Q. How came Mr. Tyrrell to send you to Longford to see a poisoned man, instead of going himself?
Sibson. I can't tell that: according to his desire I went. He desired me to make all the speed possible.
Counsel. Then it did not occur to you to think it would be more proper to take this piece of bread and butter to those men who are skilled in it; for no time is to be lost in cases of poison?
Sibson. I can't tell why Mr. Tyrrell did not do it?
Sibson. I was.
Q. Do you remember the doctors of physick being mentioned by Mr. Fielding; that it would have been more proper for the physicians to have been there?
Sibson. I do.
Q. Do you remember what Mr. Tyrrell said was the opinion of Dr. Lucas as to the occasion of your brother's death? don't you remember Mr. Tyrrell told the justice Dr. Lucas told him over and over what had been the occasion of his death?
Sibson. I can't tell that: I can't recollect it: I was in too much confusion a great deal.
Q. Do you recollect that Mr. Tyrrell told Sir John that Dr. Lucas told him he had never seen Mr. Johnson?
Sibson. I do not recollect any such conversation as that.
Q. As soon as there was a declaration from you to have your brother opened, was not Mrs. Sibson consenting to it?
Q. Do you remember Mr. Martin's proposing to send for Dr. Hays?
Sibson. No, I do not. I sent for both the physicians myself by the desire of the family.
Of what I am accused I am quite innocent; as to bread and butter I took some opium upon it. I put it into water, and it would not melt; then I put it into broth, and it did, and I put it on bread and butter. The first time I ever saw my brother Sibson, he carried my husband to his house, and gave him some warm alder wine, and that brought the flux upon him.
For the Prisoner.
Mr. Howard. I went with Mr. Tyrrell to the opening of Mr. Sibson's body: he opened the body. It was all in a putrid state. After that I said, there is a notion this gentleman has been poisoned, I desired to see the stomach, the lower parts of which were all mortified. We closed the mouth of the orifice. I said, cut the stomach out, and bring it to me in a bason. We laid it open and took the contents
Q. Did you see the stomach afterwards?
Howard. I did.
Q. What observations did you make on it?
Howard. It looked of a dingy livid colour; the man had been dead five days, and the body stunk in such a manner that we could not bear the room.
Q. From any appearance you saw, do you judge he came by his death by poison?
Howard. No, I can't say he did, I could see no poison; I don't believe he died of poison: I poured water in the stomach, and saw no poison in the contents of the stomach.
Q. What would have been the effect, if it had been sublimate?
Howard. I did that to clear it, that I might see the mercury?
Q. If he had been poisoned four days before he died, by corrosive sublimate, would you have found it in the body?
Howard. There would have been some of it left, to be sure.
Dr. Lucas. On Friday morning, the 25th of April, I first attended the deceased; I was called in by Mr. Sibson the brother; he came to me on Thursday evening; he brought this note to me from Mr. Tyrrell [producing a paper.]
Q. Does that mention any thing of the disorder?
Howard. It does: Mr. Sibson told me his brother was at Longford, and was very ill, and he apprehended he was very near dying. I asked him what he apprehended to be the case? He told me he apprehended it was a consumption, as all the family were consumptive. He pressed me very much to go; he said his brother and sister were then gone out in the chaise, he thought as far as Hounslow. Then I said, If he is able to go out, there can't be any necessity for my going now. I had rather come to morrow morning, then I can stay two or three hours, and hear the whole of his complaints. He said he would go back again, and let him know. Then I said, if they are not satisfied, if you call on me, I will go along with you. He returned and said, they had put him to bed, and they were very well satisfied with my coming in the morning. I went in the morning: I had a messenger from Mr. Tyrrell to hasten, he being very ill. I expected to meet Mr. Tyrrell there. I went, and Mr. Tyrrell came after me; we got off our horses, and walked through the yard together. I said it is very unserviceable to be sent for to close people's eyes; I wish you had sent for me sooner, or not at all. He said he had pressed a physician very much, but they never would be prevailed upon to have one. I went up stairs, and found the man in bed, in all appearance dying, in the last stage of a consumption, his cheek bones rose up, and he had every appearance of a man in the last stage of a consumption, totally emaciated as a man could be to be alive. There was a very hard and quick pulse, such as always attends a hectic fever, it appeared to me to be a true hectic; the man seemed very deaf, and did not appear to me sensible of his own condition. I thought it unreasonable to ask him any thing; I sat down, and asked the women how long he had been ill. They said to weeks: that he had gone over from England three years ago, to America, in a consumption, and the air agreed with him there, and he grew better. I asked if he was very well the three years he was there. They said, he had something of a barking cough that he never got clear of: that he was very well, as in general he was, on going on board; but from that instant of going on board, till he arrived in England, during the time of extreme cold weather, and catching cold upon cold he became in that manner that I saw him. The next morning we went again with Mr. Hayes; we found him much in the same state, only more like a dying man. Mr. Tyrrell and the brother were both in the room at the time. They never contradicted the women in one single article; I had no reason to suspect they said one single word that was not true.
Q. What do you think this man died of?
Dr. Lucas. There was no symptom that I could impute to poison in the least.
Q. Are these symptoms of poison?
Dr. Lucas. No, none at all. There were symptoms of a dying man, there must have been other symptoms to give a suspicion of poison; if that had been the case, I should have expected very great pain, tormenting pain in the stomach and bowels, a complaint of burning pains in the bowels, and pain in the jaws; but there was not a single symptom of it.
Q. What was your opinion that he died of?
Dr. Lucas. That he died of a consumption.
Q. If he had eaten a piece of bread and butter strewed over with corrosive sublimate, how soon would it begin to operate?
Dr. Lucas. I dare say he would have been in extreme pain in less than an hour, were there but six or eight grains of it.
Dr. Hayes. I went with Dr. Lucas on the Saturday; the deceased looked then in the very condition he has now described, only nearer his end, so far, that I did not think he would have held till we got out of the house.
Q. What is your opinion was the cause of his death?
Dr. Hayes. it is my opinion he died of a consumption: I have no doubt of it.
Q. to Dr. Lucas. Did you ever tell Mr. Tyrrell the deceased died of poison?
Dr. Lucas. No, I never did.
Edmund Pitt . I am a surgeon in Bartholomew hospital; I saw the stomach two or three hours after the body was opened, I narrowly inspected it; I was called upon to see whether there were any marks of poison; I have no reason to believe the person died of poison.
Q. Was you before Mr. Fielding when Mr. Tyrrell was there?
Pitt. I was.
Q. Whether Mr. Tyrrell did not tell Mr. Fielding that Dr. Lucas had informed him he was of opinion the man died of poison?
Pitt. I am certain he did. Sir John Fielding expressed great difficulty there. I said, I believe you would have no difficulty, if the physicians had attended here. No, said Mr. Tyrrell, you would have had no difficulty, for Dr. Lucas told me he believed the man died of poison. The next day I again attended Sir John Fielding . Mr. Tyrrell there said, he believed Dr. Lucas had never seen Mr. Johnson.
Q. Did Mr. Tyrrell tell you at Longford something about making a pamphlet?
Pitt. Mr. Tyrrell told me at Longford he could make an excellent twelvepenny pamphlet of it.
Tyrrell. So I shall.
Mr. Robert Wallis Johnson . I was present at the time the deceased was opened. Upon seeing the lungs, Mr. Tyrrell pronounced with a loud voice, Brave lungs, gentlemen! here is no consumption. As the intestines appeared, I desired they would observe well the intestines. The stomach appeared of a pale red, which gradually becomes darker and darker; upon that side that lies next to the spleen, it appeared of a very dark colour, rather darker than red; that part of the stomach that lay next to the liver, and the forepart of the stomach, I did not observe to be inflamed at all. Mr. Tyrrell pronounced with a joyful countenance, A brave inflammation, gentlemen! A brave inflammation, Mr. Howard! Soon after he said, We are right now. Presently he said, Come, you rogue, look at this inflammation; you shall go along with us to the Old Bailey. He said, I have in my pocket sublimate on white arsenic, part of which I believe to be in this stomach. He pronounced with a loud voice, Here is not only inflammation, but mortification. I begged of him to lay the stomach down, and behave with decency, and desired him to examine the lungs. Said he, I'll oblige you, and examine them. There appeared a little place of redness; whether Mr. Tyrrell saw it, or not, I can't say, but he immediately laid it down, and said, I will not inspect the body any longer, and went to the other side of the room, and began to undress. I spoke to the undertaker, and desired him to see that no gentleman went out till I had intirely inspected the body myself. I desired Mr. Tyrrell to come round to see whether this was an inflammation upon the lungs, and be sure what it was, and I desired Mr. Howard and his son to do the same. We examined the liver and the spleen; it was proposed to take the stomach out, to have an experiment tried upon a dog. We agreed to open it, and did examine it. I saw no excoriation nor laceration, nor any symptoms of poison in the contents of it.
Dr. Grosvenor. I was before Sir John Fielding when Mr. Tyrrell was there. I heard part of his evidence; he was examining upon oath when I went in; I heard him declare there, that Dr. Lucas told him he was of opinion that poison was the occasion of the death of Mr. Sibson, and I heard Mr. Sibson, that was here examined, declare the same.
Q. to Sibson. Did you fetch Dr. Lucas?
Sibson I did.
Q. What did you tell him was your brother's illness?
Sibson. I told him I really believed he was in a decline.
Q. Did you mention any thing of a consumption?
Sibson. I told him something of it; I myself have been as bad as bad could be of a consumption.
Mr. Tyrrell was told by the court he must either get bail or be committed, to take his trial for perjury, &c. His reply to the court was, he was glad of it. He was bailed, and parties bound over to prosecute him.
The prisoner being a foreigner, an interpreter was sworn.
Thomas Evans . I keep the Black Boy alehouse on Saltpetre Bank . About half an hour after 10 at night, some time in January last, the deceased, whom I had never seen before, came into my house; he fell against the bar; I was in the bar. He said, I am stabbed; the prisoner followed him in. As soon as he spoke the word, the prisoner ran out of the house; he was taken the next night. I saw the deceased's guts hang out a great way; I helped to push them in again; and we tied him round, and put him on a window-shutter, and four people carried him to the hospital. After that, we carried two foreigners to him; he said neither of them wa s the man; he described the prisoner's person, and said, the man that stabbed him had a blue ribband in his hat; the prisoner had such a one on his hat, which I have now by me.
Evans. I am not sure of that.
Q. Was the deceased then sensible?
Clark. He was quite sensible; I asked him twice; and he answered twice, That is the man.
Q. What time of the day was this? was it light enough to see his face?
Clark. It was about four o'clock; I could see their faces very plain, it was light enough.
Elizabeth Bateman . I am nurse at the hospital; I had the care of the deceased; I remember his being brought to the hospital, but can't tell the day of the month, I believe it was in January; he told me he went to a public house, and a young man, a Portuguese, gave him the wound with a knife; I was by when the prisoner was brought to his bed-side; there were several people came with him?
Q. Was it light enough to see his face?
E. Bateman. It was; our ward is very long and very light As soon as the deceased saw him coming up the ward, he said, That is the man that gave me the wound; I saw the wound dressed, he died of that wound; there were two others brought before him; he said neither of them was the man; I said to the prisoner, How could you do such a cruel action? you have killed this poor young fellow. He said in broken English, Madam, I was with them, but I had no knife.
Evans. There was a bloody clasp knife picked up near my door by somebody, I know not who; soon after the prisoner ran away.
Elizabeth Miles . I saw the deceased come into Mr. Evans's house; he said he was wounded; I took hold of his hand, it was bloody: I wiped it; he said, My hand is not cut, my bowels are cut. I said, By whom? he said, By one of the Portuguese. The prisoner came in, and went out directly.
Q. Did he say the prisoner cut him?
E. Miles. No, he did not. I heard him clear the other two at the infirmary; and, when this man was carried, he said, this was the man that cut him; this was two days before his death.
Evans. The deceased and three Portuguese were drinking together at the next door to me.
E. Bateman. The deceased said, He went to a public house; there were some girls, and he drank to one of them, and the Portuguese pulled out his knife and stabbed him. The deceased was very calm and serene, he was never delirious from the time he came in to that of his death.
Margaret Murphy . The deceased was my son; he was at my house on the Monday night; this thing happened on the Wednesday following; he was in a good state of health before, he was 28 years of age. I went to see him after the prisoner had been carried to him; he told me the man had been there that hurt him, and was sent to Newgate; this was done the 14th of January, and he died on the 18th.
One of the men that made their escape certainly killed the man; the deceased, the week before, had beat that man with a stick, so in revenge he killed him; I had no knife upon me; and the man that did it, did not do it with that knife that was found in the street, he did it with a Dutch knife.
173. (M) William Brackleyhurst was indicted for stealing four glass bottles filled with wine called sack, value 4 s. and two glass bottles filled with port wine, value 2 s. the property of John Bill , May 25 .~
Peter Pulley . I am servant to Mr. Bill; I was at the wine vault last Tuesday; I saw the door was open, and the prisoner came out of the vault. I asked him what he went there for? he said, he went there for some baskets. I saw he had some wine; I took it from him, and carried it down into the vault again. I desired a linen-draper to stop him while I returned; but when I came again, he was run away?
Q. Did you know him before?
Pulley. I never saw him before, to my knowledge; there were two bottles of white port, and four bottles of sack; after he was taken, he owned to me he did take them.
I found the bottles by the side of the vault, and I was going to carry them into the cellar.
Guilty . T .
Robert Hull , a pawnbroker in the neighbourhood, and found the things there.
Q. Did you know the prisoner before?
Archer. She lodged in my house.
Robert Hull . The prisoner at the bar brought those things, and pledged them with me, the 17th of May, in her own name, for half a crown, and the prosecutor came on the 18th. I have known her five or six years. I never knew any harm of her before this. [Produced in court, and deposed to.]
I did not take them with intent to steal them: I thought to bring them again.
Guilty, 10 d. W .
175. (M.) Elizabeth Marshall , spinster , was indicted for stealing on silver tea-spoon, value 2 s. two linen shifts, value 18 s. one pair of silk stockings, value 2 s. two linen handkerchiefs, value 3 s. and one linen petticoat, value 2 s. the property of James Delavant , gent. May 20 .
Guilty 10 d. W .
The trials being ended, the court proceeded to give judgment as follows:
Received sentence of transportation for seven years, 9; viz.
To be branded, 1; viz.
To be whipped, 2; viz.
By permission of the COURT, Price 6 d.
The PROCEEDINGS of his Majesty's Commission of Oyer and Terminer, and Gaol Delivery, for the High Court of Admiralty of England, held at Justice-Hall in the Old Bailey, on Friday the 30th of October 1761, and on Tuesday, March 30, 1762; before the Right Worshipful Sir THO. SALUSBURY, Knt. LL. D. and others his Majesty's Commissioners. Containing the remarkable Trials of William Watson , for piratically receiving sundry Goods stolen out of a Dutch Ship called the Stadtholder; As also of Thomas Smith , Laurence Tearnan , Thomas Baldwin , and Robert Main , who were capitally convicted, and Smith and Main have since been executed; and of Matthew Johnson , John Smith , and John Hughes , for piratically and feloniously revolting against Captain John Read , and running away with his Ship the King George Privateer , between Cape Ortegal and the Island of Cysago.
Where may be had,
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