The Proceedings of the Old Bailey

 

302. (M.)   David Mills , was indicted for the murder of   Elizabeth Jackson , spinster , March 25 . and stood charged on the coroner's inquisition for manslaughter. +

  George West . I live with Sir   Paul Methuen in the capacity of a footman; on the 25th of March, a little before eleven o'clock at night, I came up into the porter's-hall, there were   Elizabeth Jackson , the porter,   Jasper Smith , and   David Mills ;   Elizabeth Jackson was saying to me this fellow has abused me, for only saying, how can you lye in such an idle posture, or to that purpose, meaning the prisoner; the prisoner to this made use of some indecent words, then several words passed between them; I then went to wind up my watch, she had a candle in a candlestick in her hand, she jumped up and ran towards him upon his indecent expression, and I believe flung the candlestick and candle at him, but I did not see it, my back was towards them; I heard the candlestick fall, and saw it on the ground very near the place were the prisoner stood: at that time the prisoner had a german

flute in his hand, and as she ran towards him then I heard a blow, but did not see it given, it light on her left temple: she cried out most terribly, I put my watch in my pocket and took hold on her ; she could not speak plain, but made a strange noise ; I set her down upon a bench; she would have told me something, but could not speak to be understood: there was no blood, but a little nob on her temple; we anointed the place with spirits of wine, she continued much the same for a considerable time, sensible all the time, and went twice to the vault with one of our maids leading her : the first time of her going was in about ten minutes after she received the blow; after this she sat holding her hand to her forehead. We got her something to drink, she shook her head and took in very little of it, she was let blood and bled very well, she died in about four hours time after the blow given, the german flute was produced in court. I do think that blow was the occasion of her death.

  Jasper Smith . I am porter, and was there that time, but I was asleep in the hall at the beginning of it, when first I awaked, I found the prisoner and deceased in a sort of a quarrel. I saw the deceased in a violent passion run towards the prisoner, who was between three and four yards distance; she threw the candlestick at his face, I can't tell what words had passed between them.

Q. Did the candlestick hit the prisoner?

Smith. I believe it did: I think he saved it with his hand as it was coming to his face: He was sitting at the same time, and had a musick book before him, with a german flute in his hand: After she threw the candlestick, she follow'd up to him, endeavouring to strike him with her hand; then he struck her across the temples with the flute, he seem'd to strike with some resentment; I ran and took hold of him, she attempted to strike him over my arm, till Mr. West came and took her away; after this she talk'd a great deal, but I could not understand any thing she said, but yes and no; she lived about four hours after; she went twice to the vault, and did not seem to be much affected with it, till about two hours after the blow was given; she could walk very well; I take the blow to be the occasion of her death.

Q. Was she much given to passion?

Smith. She was much.

  James Burnet . I am a surgeon, and live in Grosvenor-street : I was sent for to Sir Paul's on the 26th of March, about one or two o'clock in the morning, I found the deceas'd extremely bad with convulsions; she had been blooded before I came, I found her in the agonies of death. I was told she received a blow on the side of her head, and from the symptoms I had had, I found the scull was fractur'd; she liv'd about half an hour after I came there. I opened her scull that evening, and found a fracture on the left parietal bone, above an inch long through both tables of the scull, that is the very thinnest part of all the scull; under that I found a considerable quantity of coagulated blood, by the weight of which the brain could not perform its functions; her scull was remarkably thin, as thin as I could expect of a person five or six years old.

Guilty of manslaughter .

[Branding. See summary.]