it, which was opened by Littleton, has, then, been read to you, and
with that the counsel for the Crown conclude their evidence.
The prisoner in her defence complains of hard usage she has met with,
denies her ever speaking ill of her father, owns herself to be
passionate, and complains that words of heat upon family affairs have
been misconstrued and applied to an ill intention in her; that she was
not in her senses when she lost her father, nor in a proper dress to
make her escape when she went over Henley Bridge; that she was taken
in at the Angel by the woman of the house out of more compassion, and
was then desirous to put herself under the protection of the town
sergeant; that, during her confinement, she was not suffered to have
decent attendance for a woman; that she was affronted by her own
servants, cruelly traduced, and heavily ironed, without any reasonable
cause; that she thought the powder innocent, and never had a thought
of hurting her father; but her own ruin is effected by such an
imputation upon her, and her appearance here, without her being
convicted. She then calls her witnesses, and the first is Ann James,
who tells you she lives at Henley, and used to wash at Mr. Blandy's
house; that she remembers that some time before Mr. Blandy's illness
there was a difference between the prisoner and Elizabeth Binfield,
and that the latter was to go away; and that she has heard Elizabeth
Binfield curse the prisoner and damn her for a bitch, and say she
would not stay; that since this affair happened she heard her say
(speaking of the prisoner), "Damn her for a black bitch; she should be
glad to see her go up the ladder and swing." She tells you that, when
this conversation happened, the prisoner was gone to gaol, that it was
in Mr. Blandy's kitchen, and that Nurse Edwards, Mary Seymour, and
Mary Banks were present.
Elizabeth Binfield is then called up again, and absolutely denies the
words she is charged with; she says she never acquainted the witness
with any quarrel she had had, to the best of her remembrance, but that
she had some few words of difference with the prisoner, who had said
that she was to go away.
Mary Banks is then called, who says that she was in Mr. Blandy's
kitchen while he was dead in the house; but she does not remember who
was in company, nor any conversation that passed between Elizabeth
Binfield and Ann James till the words are directly put into her mouth,
and then she recollects that Elizabeth Binfield said "she should be
glad to see Miss Blandy, that black bitch, go up the ladder to be
hanged;" but she tells you this was on the night that Mr. Blandy was
opened, and that the prisoner was then in the house.
Those two witnesses are called to impeach the credit of Elizabeth
Binfield as having a prejudice against the prisoner; but I see no
great stress to be laid on their evidence, for they manifestly
contradict one another, but do not falsify her in any one thing she
has said.
The next witness that she calls is Edward Herne, who was a servant to
Mr. Blandy eighteen years ago, and has left his place about twelve
years; but he has been very seldom without going three or four days a
week to his house ever since; that the prisoner's general behaviour to
her father and the family was as well as anybody could do, with
affection and duty, as far as ever he saw; that on the Monday night
before Mr. Blandy died he went to the house, and that neither the
prisoner nor he could speak for some minutes, which he attributed to
her great concern; that she was put into his custody that night; that
on hearing the groans of her father he went into him, at her desire,
to inquire how he did; that he never heard her swear or speak
disrespectfully of her father. He says he was not in the way when she
went over Henley Bridge (being sent to dig a grave, he being sexton);
that he has seen her since her confinement at Oxford, and she told him
that Captain Cranstoun had before put some powder in her father's tea;
that she turned about, and when she turned again he was stirring it
in; that on a report that Captain Cranstoun was taken, she wrung her
hands and said, "She hoped in God it was true, that he might be
brought to justice as well as herself; that as she was to suffer the
punishment due to her crime, he might do so too;" but at the same time
she declared that when Cranstoun put the powder into the tea, and she
herself did so afterwards, she saw no ill effects of it, or saw any
harm from it; but if he were taken it would bring the whole to light,
for she was innocent, and knew no more of its being poison than any
person there.
[Illustration: Miss Mary Blandy, with scene of her Execution
(_From an Engraving by B. Cole, after an original Painting_.)]
Thomas Cawley, the next witness, says that he has known the prisoner
for twenty years and upwards; that he was intimate in the family, and
never saw any other than the behaviour of a dutiful daughter from her.
Thomas Staverton, that he has known the prisoner five- or
six-and-twenty years; that he has lived near the family, and always
thought that her father and she were very happy in each other. He has
observed that Mr. Blandy was declining in his health; for four years
or more he seemed to shrink, and believes he was about sixty-two years
of age.
Mary Davis is the next witness. She lives at the Angel, by Henley
Bridge, and remembers the prisoner coming over the day her father was
opened; that she was walking along with a great crowd after her; that
she went to her and asked her what was the matter, and where she was
going. The prisoner said she was going to walk for the air, for that
they were going to open her father, and that she could not bear the
house. The mob followed so close that she invited the prisoner into
her house, which she accepted, and was walking gently, and had not the
appearance of making an escape.
Robert Stoke tells you he knows the last witness, Mrs. Davis, and saw
the prisoner with her in her house the day her father was opened; that
he was ordered by the mayor to take care of the prisoner, which she
said she was very glad of, because the mob was about; and he did not
observe any inclination or attempt whatsoever to make an escape.
This, gentlemen, is the substance of the evidence on both sides, as
nearly as I can recollect it. I have not wilfully omitted or misstated
any part of it; but if I have, I hope the gentlemen who are of counsel
on either side will be so kind as to set me right.
A very tragical story it is, gentlemen, that you have heard, and upon
which you are now to form your judgment and give your verdict.
The crime with which the prisoner stands charged is of the most
heinous nature and blackest dye, attended with considerations that
shock human nature, being not only murder, but parricide--the murder
of her own father. But the more atrocious, the more flagrant the crime
is, the more clearly and satisfactory you will expect that it should
be made out to you.
In all cases of murder it is of necessity that there should be malice
aforethought, which is the essence of and constitutes the offence; but
that malice may be either express or implied by the law. Express
malice must arise from the previous acts or declarations of the party
offending, but implied malice may arise from numbers of circumstances
relating either to the nature of the act itself, the manner of
executing it, the person killing, or the person killed, from, which
the law will as certainly infer malice as where it is express.
Poison in particular is in its nature so secret, and withal so
deliberate, that wherever that is knowingly given, and death ensues,
the so putting to death can be no other than wilful and malicious.
In the present case, which is to be made out by circumstances, great
part of the evidence must rest upon presumption, in which the law
makes a distinction. A slight or probable presumption only has little
or no weight, but a violent presumption amounts in law to full proof,
that is, where circumstances speak so strongly that to suppose the
contrary would be absurd. I mention this to you that you may fix your
attention on the several circumstances that have been laid before you,
and consider whether you can collect from them such a presumption as
the law calls a violent presumption, and from which you must conclude
the prisoner to be guilty. I would observe further that where that
presumption necessarily arises from circumstances they are more
convincing and satisfactory than any other kind of evidence, because
facts cannot lie.
I cannot now go through the evidence again, but you will consider the
whole together, and from thence determine what you think it amounts
to. Thus far is undeniably true, and agreed on all sides, that Mr.
Blandy died by poison, and that that poison was administered to him by
his daughter, the prisoner at the bar. What you are to try is reduced
to this single question--whether the prisoner, at the time she gave it
to her father, knew that it was poison, and what effect it would have?
If you believe that she knew it to be poison, the other part, viz.,
that she knew the effect, is consequential, and you must find her
guilty. On the other hand, if you are satisfied, from her general
character, from what has been said by the evidence on her part, and
from what she has said herself, that she did not know it to be poison,
nor had any malicious intention against her father, you ought to
acquit her. But if you think she knowingly gave poison to her father,
you can do no other than find her guilty.
The jury consulted together about five minutes and then turned to the
Court.
CLERK OF ARRAIGNS--Gentlemen, are you all agreed on your verdict?
JURY--Yes.
CLERK OF ARRAIGNS--Who shall say for you?
JURY--Our foreman.
CLERK OF ARRAIGNS--Mary Blandy, hold up thy hand (which she did).
Gentlemen of the jury, look upon the prisoner. How say you, is Mary
Blandy guilty of the felony and murder whereof she stands indicted or
not guilty?
JURY--Guilty.
CLERK OF ARRAIGNS--What goods or chattels, lands or tenements, had she
at the time of the same felony and murder committed, or at any time
since to your knowledge?
JURY--None.
CLERK OF ARRAIGNS--Hearken, to your verdict as the Court hath recorded
it. You say that Mary Blandy is guilty of the felony and murder
whereof she stands indicted, and that she has not any goods or
chattels, lands or tenements, at the time of the said felony and
murder committed, or at any time since, to your knowledge, and so you
say all.
CLERK OF ARRAIGNS--Mary Blandy, hold up thy hand. You have been
indicted of felony and murder. You have been thereupon arraigned, and
pleaded thereto not guilty, and for your trial you have put yourself
upon God and your country, which country have found you guilty. What
have you now to say for yourself why the Court should not proceed to
give judgment of death upon you according to law?
CRYER--Oyez! My lords the King's justices do strictly charge and
command all manner of persons to keep silence whilst sentence of death
is passing on the prisoner at the bar, upon pain of imprisonment.
Mr. Baron Legge--Mary Blandy, you have been indicted for the murder of
your father, and for your trial have put yourself upon God and your
country. That country has found you guilty.
You have had a long and a fair trial, and sorry I am that it falls to
my lot to acquaint you that I am now no more at liberty to suppose you
innocent than I was before to presume you guilty.
You are convicted of a crime so dreadful, so horrid in itself, that
human nature shudders at it--the wilful murder of your own father! A
father by all accounts the most fond, the most tender, the most
indulgent that ever lived. That father with his dying breath forgave
you. May your heavenly Father do so too!
It is hard to conceive that anything could induce you to perpetrate an
act so shocking, so impossible to reconcile to nature or reason. One
should have thought your own sense, your education, and even the
natural softness of your sex, might have secured you from an attempt
so barbarous and so wicked.
What views you had, or what was your intention, is best known to
yourself. With God and your conscience be it. At this bar we can judge
only from appearances and from the evidence produced to us. But do not
deceive yourself; remember you are very shortly to appear before a
much more awful tribunal, where no subterfuge can avail, no art, no
disguise can screen you from the Searcher of all hearts--"He revealeth
the deep and secret things, He knoweth what is in the darkness, and
the light dwelleth with Him."
Let me advise you to make the best and wisest use of the little time
you are likely to continue in this world. Apply to the throne of
grace, and endeavour to make your peace with that Power whose justice
and mercy are both infinite.
Nothing now remains but to pronounce the sentence of the law upon you,
which is--
"That you are to be carried to the place of execution and there hanged
by the neck until you are dead; and may God of His infinite mercy
receive your soul."
The prisoner then addressed herself to the judge in this manner--
"My lord, as your lordship has been so good to show so much candour
and impartiality in the course of my trial, I have one favour more
to beg, which is, that your lordship would please to allow me a
little time till I can settle my affairs, and make my peace with
God."
To which his lordship replied--"To be sure, you shall have a proper
time allowed you."
On Monday, the 6th of April following, the prisoner was executed at
Oxford, according to the sentence pronounced against her.
APPENDICES.
APPENDIX I.
Proceedings before the Coroner relative to the Death of Mr. Francis
Blandy.
(From No. 2 of Bibliography, Appendix XII.)
_I.--Depositions of Witnesses._
Town of Henley-on-Thames in the County of Oxford. To wit, DEPOSITIONS
OF WITNESSES AND EXAMINATIONS taken on oath the 15th day of August
1751, before Richard Miles, Gent. Mayor and Coroner of the said town;
and also before the jury impannelled to inquire into the cause of the
death of Francis Blandy, Gent. now lying dead.
ANTHONY ADDINGTON of Reading, in the County of Berkshire, Doctor of
Physick, maketh oath and saith, That Mary Blandy, daughter of Francis
Blandy, Gent. deceased, acknowledged to this deponent, that she
received of the Hon. William Henry Cranstoun, a powder which was
called a powder to clean the stones or pebbles, which were sent to her
at the same time as a present; and that Monday, the 5th instant, she
mixed part of the said powder in a mess of water gruel; but said,
that, she did not know that it was poison, till she found the effects
of it on her father; for that the said Mr. Cranstoun had assured her,
that if she gave her father now and then of the said powder in gruel,
or any other thin liquor, it would make him kind to her: And that the
said Mr. Cranstoun assured her, that it was innocent, and that he
frequently took of it himself; and that this deponent received from
Mr. Benjamin Norton, who was apothecary to the said Francis Blandy,
some small portion of a powder, which Mr. Norton said was found at the
bottom of the above-mentioned mess of gruel given to the said Francis
Blandy on the 5th instant, and that this deponent, after examination
of the said powder, suspects the same to be poison.
A. ADDINGTON.
Taken on oath, the 15th day of August, 1751, before me
RICHARD MILES.
WILLIAM LEWIS, of the University of Oxford, Doctor of Physick, maketh
oath and saith, that Mary Blandy, daughter of Francis Blandy, Gent.
deceased, acknowledged to this deponent, that she had frequently given
to her said father, the powder which she had received from the Hon.
William Henry Cranstoun called the powder to clean the stones or
pebbles, which she had received from him, but that she did not know
that the said powder was poison, but that it was intended to make her
father kind to her.
W. LEWIS.
Taken on oath, the 15th day of August, 1751, before me
RICHARD MILES.
EDWARD NICHOLAS of Henley upon Thames, in the County of Oxford,
surgeon, upon his oath saith, that he has examined the body of Francis
Blandy, Gent. deceased, and saith, that he found that the fat on the
abdomen was near a state of fluidity, and that the muscles and
membranes were extremely pale; and that the omentum, was
preternaturally yellow, and that part which covered the stomach was
brownish; that the external part of the stomach was extremely
discoloured with livid spots; the internal part was extremely
inflamed, and covered almost entirely with extravasated blood; the
intestines were very pale and flabby, and in some parts especially,
which were near the stomach, there was much extravasated blood; the
liver was likewise sphacelated, in those parts particularly which were
contiguous to the stomach; the bile was of a very deep yellow; in the
gall bladder was found a stone about the size of a large filbert; the
lungs were covered in every point with black spots; the kidneys,
spleen and heart were likewise greatly spotted; there was found no
water in the pericardium; in short, he never found or beheld a body
in which the viscera were so universally inflamed and mortified.
EDW. NICHOLAS.
Taken on oath the 15th day of August, 1751, before me
RICHARD MILES.
THE DEPOSITIONS AND EXAMINATIONS of A. Addington and William Lewis,
doctors of physick, taken on their respective oaths, the 15th day of
August, 1751, before me
RICHARD MILES,
Mayor and Coroner.
The fat on the abdomen was observed to be near a state of fluidity.
The muscles and membranes were extremely pale.
The omentum was preternaturally yellow, and that part which covered
the stomach was brownish.
The external part of the stomach was extremely discoloured with livid
spots; the internal part was extremely inflamed, and covered almost
entirely with extravasated blood.
The intestines were very pale and flabby, and in those parts
especially which were near the stomach, there was much extravasated
blood.
The liver was likewise sphacelated, in those parts particularly which
were contiguous to the stomach.
The bile was of a very deep yellow; in the gall bladder we found a
stone about the size of a large filbert.
The lungs were covered in every part with black spots.
The kidneys, spleen and heart were likewise greatly spotted; there was
found no water in the pericardium.
In short, we never beheld a body in which the viscera were so
universally inflamed and mortified.
It is our real opinion, that the cause of Mr. Blandy's death was
poison.
A. ADDINGTON.
W. LEWIS.
SUSANNAH GUNNELL, servant to Francis Blandy, Gent. deceased, upon her
oath saith, that some time last week, she this examinant, gave to the
said Francis Blandy some water gruel, and saith, that she observed
that there was some settlement at the bottom of the pan, wherein the
said water gruel was; and saith, that the same was white and gritty,
and settled at the bottom of the pan; and saith, that this deponent,
delivered the said pan, with the gruel and powder settled at the
bottom thereof to Mr. Benjamin Norton, who was apothecary to the said
Francis Blandy.
The mark X of the said
SUSANNAH GUNNELL.
Taken on oath the 15th day of August, 1751, before me
RICHARD MILES.
ROBERT HARMAN, servant to Francis Blandy, Gent. deceas'd upon his oath
saith, that Miss Mary Blandy, told this examinant, that it was
love-powder which she put into her father's gruel, on Monday 5th day
of August last, but that she was innocent of the consequence of it.
ROB. HARMAN.
Taken on oath the 15th day of August, 1751, before me
RICHARD MILES.
BENJAMIN NORTON of Henley upon Thames, in the County of Oxon,
apothecary, upon his oath saith, that on Tuesday the 6th Day of August
instant, he this examinant was sent to Mr. Francis Blandy, deceased,
who then complained of a violent pain in his stomach and bowels,
attended with a violent vomiting and purging; and saith that on the
Thursday morning following, Susannah Gunnell, servant to the said Mr.
Blandy, sent to this examinant, to ask his opinion concerning some
powder she had found in some water gruel, part of which her master had
drunk; that he took out of the said gruel the said powder, and that he
has examined the same, and suspects the same to be poison, and
imagines the powder which was given to the said Francis Blandy, might
be the occasion of his death, for that this examinant believes he was
poisoned.
BEN. NORTON.
Taken on oath the 15th day of August, 1751, before me
RICHARD MILES.
ELIZABETH BINFIELD, late servant to Mr. Francis Blandy, deceased, upon
her oath saith, that about two months ago she heard Miss Mary Blandy
his daughter say, Who would grudge to send an old father to hell for
£10,000, and saith, that she hath heard her often wish her father dead
and at hell; and that he would die next October: and saith that the
said Mary Blandy a few days since declared to this examinant, that on
Monday the 5th day of August instant, she the said Mary Blandy put
some powder, which she called love powder, into some water gruel,
which was given to and eat by her said father: And further saith, that
on the said Monday her said master drank some of the said water gruel,
and saith, that the said Mary Blandy declared to this examinant, that
her said father had told her he had a ball of fire in his stomach, and
that he should not be well till the same was out; and saith, that on
the next day, being Tuesday, her said master continued very ill, and
in the evening he drank some more of the said water gruel, and was
immediately afterwards taken very ill, and reached violently, and went
to bed. On the Wednesday, he the said Francis Blandy took physick, and
about two of the clock the same day, the said Mary Blandy would have
had her said father taken the remainder of the said water gruel, but
the other servant would not let him take it, and was going to throw it
away, when she espied at the bottom of the basen some white stuff, and
called to this examinant to look at it, which she did, and the same
was very white and gritty; and saith, that she heard the said Mary
Blandy, declare to Doctor Addington, that she never attempted to give
her said father any powder but once before, and that she then put it
into his tea, which he did not drink, as it would not mix well.
ELIZ. BINFIELD.
Taken on oath the 15th day of August, 1751, before me
RICHARD MILES,
Mayor and Coroner.
EDWARD HERNE on his oath saith, that he was a servant or writer to
Francis Blandy, Gentleman, deceased; and saith, that during the time
of the illness of the said Francis Blandy, he, this examinant, heard
Mary Blandy, the daughter of the said Francis Blandy, deceased,
declare that she had received some powder, with some pebbles from
Captain Cranstoun, which she said were Love-Powders; and further
saith, that she told him when she received the same from the said
Captain Cranstoun, that he desired that she would administer the same
to her father.
EDW. HERNE.
Taken on oath the 15th day of August, 1751, before me
RICHARD MILES,
Mayor and Coroner.
_II.--Verdict of Jury._
Town of Henley upon Thames in the County of Oxford. To Wit, AN
INQUISITION indented, taken at the house of John Gale, within the town
of Henley upon Thames aforesaid, the 15th day of August, in the 25th
year of the reign of King George the Second, and in the year of our
Lord 1751.
Before Richard Miles, gentleman, Mayor and Coroner of the said town,
upon view of the body of Francis Blandy, gentleman, deceased, now
lying dead, upon the oaths of James Fisher, William Toovey, Benjamin
Sarney, Peter Sarney, William Norman, Richard Beach, L. Nicholas,
Thomas Mason, Tho. Staverton, John Blackman, J. Skinner, James
Lambden, and Richard Fisher, good and lawful men of the said town, who
having been sworn and charged to enquire for our Sovereign Lord the
King, when, where, and by what means and after what fashion the said
Francis Blandy came by his death upon their oaths say, that the said
Francis Blandy was poisoned; and that they have a strong suspicion,
from the depositions of the witnesses, that Mary Blandy, daughter of
the said Francis Blandy, did poison and murder her said father Francis
Blandy, against the peace of our said Lord the King, his Crown and
Dignity. In witness of which act and things, as well the Coroner
aforesaid, as the jurors aforesaid, have to this inquisition set their
hands and seals, the day and year first above written.