Roger Gadsden said, I am an apprentice to Mr. Turner. I remember seeing

the packet of arsenic in the drawer, and I missed it a day or two after

the 7th of March. On Tuesday, the 21st of March, I went into the kitchen

between three and four o'clock, and I observed a plate on the table, on

which were a dumpling and a half. I had dined at two o'clock, but I took

up a knife and fork, and was going to eat the dumpling, when the

prisoner exclaimed, "Gadsden, do not eat that; it is cold and heavy; it

will do you no good." I ate a piece about the size of a walnut, and

there being some sauce in the boat, I sopped it up with a piece of bread

and ate it. I then went into the office, and Mr. Turner came there in

about ten minutes after, and said he was very ill. About ten minutes

after that I was taken ill, but not so ill as to vomit. I was sent off

for Mr. Turner's mother. I was very sick going and coming--I thought I

should die. The prisoner had made yeast dumplings for supper the night

before: I and Peer and the prisoner partook of them: they were quite

different from these dumplings in point of colour and weight, and very

good.

Margaret Turner sworn.--I was sent for. When I arrived I found my

husband, son, and daughter, extremely ill. The prisoner, very soon after

I was there, was ill, and vomiting. I exclaimed to her, "Oh, these

devilish dumplings!" supposing they had done the mischief. She said,

"Not the dumplings, but the milk, madam." I asked her "What milk?" She

said, "The halfpenny-worth of milk that Sally fetched, to make the

sauce." She said my daughter made the sauce. I said, "That cannot be; it

could not be the sauce." She said, "Yes; Gadsden ate a very little bit

of dumpling, not bigger than a nut; but licked up three parts of a boat

of sauce with a bit of bread."

Mrs. Turner, jun., being called, said--"The sauce was made with the milk

brought by Sarah Peer. I mixed it, and left it for her to make."

Robert Gregson Turner sworn.--I partook of the dumplings at dinner; I

ate none of the sauce whatever. Soon after dinner I was taken ill: I

first felt an inclination to be sick; I then felt a strong heat across

my chest. I was extremely sick; I was exactly as my father and wife

were. I had eaten a dumpling and a half, and I suffered more than any

other person. I should presume that the symptoms were such as would be

produced by poison.

Sarah Peer sworn.--I have been servant to Mrs. Turner near eleven

months. I recollect the warning given to the prisoner some time after

she came. After that I heard her say she should not like Mr. or Mrs.

Robert Turner any more. On the 21st of March I went for some milk after

two o'clock, after I had dined with the prisoner on beef-steak pie. I

had no concern whatever in making the dough for the dumplings, or in

making the sauce. I was not in the kitchen when the dough was made: I

never meddled with it, or put anything to it; I never was in the kitchen

after I went up to make the beds, a quarter after eleven, until dinner

time. I had permission to go out that afternoon, directly after I took

up the dumplings. I went out directly. I came home at nine o'clock

exactly. I ate none of the dumplings myself. In eating the beef-steak

pie, I ate some of the crust. I was not at all ill. I had eaten some

dumplings she had made the night before: I never tasted any better. They

were all made out of the same flour. I had no difference with my

mistress at any time.

_Cross-examined by Mr. Alley._--I had occasionally quarrelled with the

prisoner. I went sometimes to visit my friends, but it was generally on

Sundays. I never went on a week-day except on this occasion. I know

nothing of the drawer in which the arsenic was. The paper which I used

for lighting fires was kept in the dining-room. I never went to the

drawer in the office, nor did I ever see or hear of any poison being

kept there.

An officer of Hatton Garden and the brewer's man were then successively

examined. The first proved that on his apprehending the prisoner, she

declared that she thought the poison must have been in the yeast, as she

saw a red settlement in it after she had used it, and the second stated

that the yeast was good, and that he delivered it to the girl Peer.

Mr. John Marshall, a surgeon, was then sworn, and he stated that on his

being called in to Mr. Orlibar Turner's family he found them all

labouring under symptoms of having taken arsenic, and that the prisoner

was also ill, and exhibited similar symptoms. On the following day he

saw a pan, and on his examining its contents he found them to contain

arsenic. He had also examined the yeast which was left and the flour

tub, and they were both devoid of arsenic. The poison being cut would

blacken the knife.

The case for the prosecution being closed, the prisoner made the

following defence:--

"I am truly innocent of the whole charge; I am innocent; indeed I am. I

liked my place, and was very comfortable. Gadsden behaved improperly to

me; my mistress came and saw me undressed; she said she did not like it;

I said 'Ma'am, it is Gadsden that has taken a liberty with me.' The next

morning I said, 'I hope you do not think anything of what passed last

night.' She was in a great passion, and said she would not put up with

it; I was to go away directly. I did not look upon Mrs. Turner as my

mistress, but upon the old lady. In the evening the old lady came to

town; I said, 'I am going away to-night;' Mrs. Turner said, 'Do not

think any more about it; I don't.' She asked Mrs. Robert Turner if she

was willing for me to go. She said 'No, she thought no more about it.'

As to my master saying I did not assist him, I was too ill. I had no

concern with that drawer at all; when I wanted a piece of paper I always

asked for it."

The prisoner called five witnesses, who gave her an excellent character

for integrity, sobriety, cheerfulness, and humanity. One of them was

proceeding to state an accidental conversation which he had with the

prisoner two days after she had ordered the yeast, wherein she declared

herself happy and contented with her situation, and pleased with her

master and mistress; but the recorder stopped him, saying it was not

evidence.

Whilst the trial was proceeding, William Fenning, the father of the

prisoner, went to a public-house, and got a person (for he was too

agitated himself) to write on a slip of paper, that on the 21st of March

he went to Mr. Turner's, his daughter having sent for him in the

morning, and that Sarah Peer told him Eliza had gone with a message for

her mistress, whilst, at the same time, she was in agonies below-stairs

from the effect of having eaten of the dumplings. He then went home, and

thought no more about it.

When this note was written, it was handed to Mr. Alley, who, standing

upon tiptoe, showed it to the recorder, who leaned over and looked at

it, but no further notice was taken of it.

Other efforts were made by the prisoner to produce witnesses, but as

they were not in attendance, the court said that it was too late, and

that the trial could not be suspended for their coming.

The recorder then proceeded to sum up the case, and the jury in a few

minutes brought in a verdict of guilty. The recorder having then passed

sentence of death upon her, the miserable girl was carried from the bar

convulsed with agony, and uttering frightful screams.

Few cases ever excited greater interest than that of Eliza Fenning; and

we are happy in being able to state that her religious principles were

correct, and her professions sincere. Through life she was distinguished

by a superiority of intellect, and a propriety of deportment, which

could hardly be reconciled with the depravity of which she was accused.

In person she was short of stature, but of the most perfect symmetry;

while her countenance evinced a heart at ease, and a mind at once

intellectual and lively. She had been before the fatal transaction

betrothed to a young man, to whom she appears to have been sincerely

attached.

After the unfortunate girl's conviction she was induced to apply to the

Crown for a remission of the sentence of death, and sent a petition to

the prince regent. She next addressed the lord chancellor, to whom she

sent a statement of all the exculpatory circumstances of her case. She

also sent a letter to Lord Sidmouth, and another to her late master,

requesting him to sign a petition in her favour, with which however he

refused to comply.

Several gentlemen interested themselves in the fate of the poor girl;

and Mr. Montagu, of Lincoln's Inn, waited on the recorder, offering to

produce evidence of a member of Mr. Turner's family, who was insane,

having declared that he would poison the family; but the recorder

assured him that the production of such evidence would be wholly

useless.

The night before her execution a meeting of gentlemen took place in Mr.

Newman's apartments in Newgate, at which Mr. Gibson, of the house of

Corbyn and Co., chemists, No. 300, Holborn, stated that Robert Gregson

Turner, in the month of September or October, called at their house in a

wild and deranged state, requesting to be put under restraint, otherwise

he declared he should destroy himself and wife. Mr. Gibson also stated

that it was well known in the family that Robert Turner was occasionally

subject to such violent and strange conduct.

With this information Mr. Gibson, accompanied by a clerk from the

secretary of state's office, waited on the recorder, requesting that the

unfortunate girl might be respited to admit of investigation; but all

was of no avail, and in twelve hours after, Eliza Fenning was executed!

From the moment the poor girl was first charged with the poisoning,

however or by whomsoever questioned, she never faltered in her denial of

the crime, and rather courted than shunned an investigation of her case.

So many circumstances, which had developed themselves subsequently to

the trial, had been communicated to the secretary of state by the

gentlemen who interested themselves in her favour (among whom were some

of great respectability), that a reprieve was confidently expected to

the last: and the order for her execution, four months after her

conviction, was received with very great surprise.

On Tuesday morning, the 25th July, she took her last farewell of her

father, who, by the firmness of his manner, exemplified the courage he

wished his child to sustain upon the scaffold: but with her mother the

parting scene was heart-rending.

On the fatal morning, the 26th July, 1815, she slept till four o'clock,

when she arose, and, after carefully washing herself, and spending some

time in prayer, she dressed herself neatly in a white muslin gown and

cap. About eight o'clock she walked steadily to the spot where criminals

are bound; and, whilst the executioner tied her hands--even whilst he

wound the halter round her waist--she stood erect and unmoved, with

astonishing fortitude. At this moment a gentleman who had greatly

interested himself in her behalf adjured her, in the name of that God in

whose presence she was about to appear, if she knew anything of the

crime for which she was about to suffer, to make it known; when she

replied distinctly and clearly, "Before God then, I die innocent!" The

question was again put by the reverend Mr. Vazie, as well as by the

ordinary, and finally, by Oldfield, a prisoner who suffered with her,

and to each she repeated "I am innocent." These were her last words; and

she died without a struggle, at the age of twenty-one.

Her miserable parents, on application for her body, were not prepared to

pay the executioner's fees of fourteen shillings and sixpence: but

having borrowed the money with some difficulty, the remains of their

daughter were handed over to them.

We have endeavoured to give the circumstances of this case as clearly

and with as little prejudice as possible, but we should not do our duty,

if we were not to state that the public mind was much inflamed at the

execution of the unhappy prisoner. Thousands of persons, after examining

the evidence adduced at the trial, did not hesitate to express their

opinions very strongly upon the subject of the case; and many of the

lower orders, apparently convinced of the innocence of the sufferer,

assembled in front of Mr. Turner's house, in Chancery-lane, hooting and

hissing, and otherwise expressing their indignation, at what they

conceived to be their unjust prosecution of their servant. The police

were active in their exertions to suppress the tumult; and an affidavit

made by Davis, a turnkey in Newgate, was industriously circulated, in

which the deponent swore that old Fenning had conjured his daughter,

when she went upon the scaffold, to declare her innocence: a counter

affidavit of the father of the wretched girl, however, was produced and

published, and the assertion of the jailer was at length admitted to

have been founded upon a mistaken interpretation of what had really

passed. The mob continued to assemble for many days, and it was not

until the police had taken very vigorous measures against them, that

they were finally dispersed. The public still sympathised with the

unhappy parents of Eliza Fenning, and a subscription was entered into

for their benefit.

JOSEPH BLACKBURN.

EXECUTED FOR FORGERY.

The particulars of the melancholy case of this unfortunate gentleman,

will be best described by the report of his trial which has reached us,

which took place at York on the 18th March 1815, before Sir Simon Le

Blanc. He was then placed at the bar and arraigned on two indictments,

charging him with forging and counterfeiting the impression of a certain

stamp or die, used under the direction of the Commissioners of Stamps,

to denote the payment of certain duties imposed on various deeds and

other securities, on vellum, parchment, or paper, and also with uttering

the same, knowing it to be forged, with an intent to defraud the revenue

of the duties imposed on such stamped vellum, parchment, or paper. To

these indictments he pleaded--Not guilty. Mr. Blackburn was then

arraigned on two other indictments, charging him with feloniously

removing stamps from executed deeds, and affixing them upon others, with

an intent to defraud the revenue; to these indictments he also

pleaded--Not guilty. He was then charged in another indictment with the

same offence, jointly with Mr. Thomas Wainewright, who was charged with

feloniously aiding and assisting in this illegal removal of stamps. To

this indictment both the prisoners severally pleaded--Not guilty.

As soon as the jury were sworn, Mr. Wainewright, at the suggestion of

the counsel for the prosecution, retired from the bar, and the court

proceeded to the trial of Mr. Blackburn, on one of the capital

indictments for forgery. The clerk of the arraigns read the indictment.

It charged the prisoner with feloniously forging, and counterfeiting the

resemblance of a certain stamp or die, used by the Commissioners of

Stamps, to denote the payment of duties imposed on vellum, parchment,

and paper, viz. for the payment of two pounds, imposed by the 48th of

George III. on mortgage deeds, with intent to defraud his Majesty, his

heirs, or successors. Another count in the indictment charged him with

uttering the said forged stamps, knowing the same to be false, forged,

and counterfeited, with the like intent to defraud his Majesty, his

heirs, or successors.

The counsel for the crown were, Mr. Park, Mr. Topping, Mr. Wailes, and

Mr. Richardson.

The counsel for the prisoner--Mr. Scarlett, Mr. Littledale, and Mr.

Williams.

Mr. Park opened the case to the jury, and said,--I am counsel against

the unfortunate gentleman now at the bar. This is a prosecution by the

Commissioners of Stamps, who in the discharge of their professional duty

have thought it incumbent upon them to institute this inquiry, and which

indeed they could not have omitted to do without a gross dereliction of

the duty they owed to the public. They have no interest in this

prosecution, and whatever be the result of this day's inquiry, they will

be satisfied with your decision. The crime imputed to the prisoner by

this indictment, is not merely calculated to defraud the public revenue,

but tends to affect the security of the property of individuals, and

that in the most serious manner, for if deeds, or other written

instruments for the transfer of property, have affixed to them forged or

improper stamps, they have no validity, and convey no rights to the

parties in whose favour they are executed. This consideration must at

once impress you with a conviction of the great importance of the

present case; as the conveyance of property by instruments the most

solemn known to the law, is thereby defeated, the contract becomes

invalid, and the deed by which it was intended to be effected, of no

possible use. Nor is it too much to say, that the rights of future

generations may be affected by the consequences of the crime imputed to

the prisoner.

It is, gentlemen, with the most unfeigned concern, that I have risen to

address you on the present occasion. This is the first time, during a

practice of thirty years at the bar, that it has fallen to my lot to be

concerned in a prosecution for felony against any person with whom I

have had any personal acquaintance. Mr. Blackburn (the prisoner) I have

long known; he has conducted actions in which I have been engaged for

him, and others in which I have been retained by the adverse party: and

though when I first heard the name I did not know how to affix it to the

person, yet now, when (for the first time since this prosecution has

been depending) I see him, I find that I know the gentleman perfectly

well. We at the bar are, however, bound to aid the administration of the

public justice of the country, and must do justice to the country, and

to the crown, on whose behalf we are engaged, and cannot shrink from the

performance of our professional duty, however painful to our feelings

the exercise of it may occasionally be. But the Government, the

Commissioners of Stamps, and those who on their account conduct this

prosecution, are very far from having any wish to oppress these

individuals; their only desire is, that justice should be done between

them and the country, and this justice I have no doubt will be done by

you.

If the prisoner is guilty of the offence imputed to him by this

indictment, his crime is greater than that of any other individual,

because there is no one who is so much obliged by his profession to

understand the principles of morality. The very first rudiments of his

profession must have rendered familiar to him those principles of

justice on which the law is founded; and in his long attendance at these

courts, he must (in addition to sound lessons of law) have heard the

principles of moral obligation enforced by the learned judges who have

from time to time presided here, and which ought to have had the effect

of rooting them in his mind.

Having made these few preliminary observations, I shall proceed to state

the nature of the charge against the prisoner, and the evidence by which

that charge is meant to be substantiated. The charge against the

prisoner is that of having forged, or caused to be forged, or

counterfeited, the impression of a certain stamp or die, used by the

commissioners (appointed by his Majesty, to manage the duties on stamped

vellum, parchment, or paper) to denote the payment of a certain duty,

imposed by the 48th of the King, on mortgage deeds, which are laid _ad

valorem_, that is, in a ratio proportioned to the money secured by such

deeds. The amount of the money secured by the deed which is the subject

of this inquiry, is 180_l._ and the stamp required for this sum, must be

of the value of 2_l._; for in the schedule affixed to the act, it

states, that from 150_l._ to a sum not exceeding 200_l._ the duty shall

be 2_l._ The subject-matter of this prosecution is, that in order to

evade the duty imposed by this act, the prisoner affixed a forged and

counterfeit stamp to an instrument, purporting to be a mortgage deed;

and also that he uttered or published the same, well knowing it to be

false, forged, or counterfeited. The penal act on which this prosecution

is founded, is an act of the 52nd year of the king, intituled, "An act

for amending and reducing into one act, the provisions contained in any

laws now in force, imposing the penalty of death, for any act done in

_breach of_ or in resistance to any part of the laws, for collecting His

Majesty's revenue in Great Britain." In this statute, cap. 143, section

7, it is enacted, "that if any person shall, after the passing of this

act, forge or counterfeit, or cause to be forged or counterfeited, any

mark, stamp, die, or plate, which in pursuance of any act or acts of

parliament, shall have been provided, made or used, by or under the

direction of the commissioners, appointed to manage the duties on

stamped vellum, parchments, or paper, or by or under the direction of

any other person or persons, legally authorised in that behalf, for

expressing or denoting any duty or duties, or any part thereof, which

shall be under the care and management of the said commissioners, or if

any person shall utter, or sell, or expose to sale, any vellum,

parchment, or paper, &c. having thereupon the impression of any such

forged or counterfeited mark, every person so offending, and being

thereof convicted, shall be adjudged guilty of felony, and shall suffer

as a felon, without benefit of clergy." I will now lay before you the

evidence by which we propose to establish this charge against the

prisoner.

The Chronicles of Crime or The New Newgate Calendar. v. 1/2 being a series of memoirs and anecdotes of notorious characters who have outraged the laws of Great Britain from the earliest period to 1841. · 第 80 / 83 段