CHAPTER XIII

EARLY POISONING TRIALS

Murder of Sir T. Overbury--Mary Blandy--Katherine Nairn

Merely to mention the word "poisoner" calls up a long succession of

notorious crimes of the past, not to speak of the still more frequent

cases where poisoning was suspected, though probably, often enough, with

but little justification. Less than three centuries ago the fact that

illness and death had come suddenly to any well-known person, was often

sufficient to raise the whisper of suspicion; and any disease that did not

yield to the favourite treatment of bleeding, and for which the physicians

were for the moment unable even to find a name, was sure to be attributed

by popular gossip to the action of poison or witchcraft, or of both.

The mysterious effect of certain substances upon the animal system and the

fact that a knowledge of the nature of poisonous herbs was part of the

lore of the old women who dealt in love-philtres, fully explains this

association of poison with black magic.

In one of the earliest trials for poisoning of which we have any detailed

account--that of Richard Weston in 1615--this belief in the miraculous

power of the poisoner was present in the mind of the Lord Chief Justice

(Coke) when in his charge to the grand jury he said that "The devil had

taught divers to be cunning in poisoning so that they can poison in what

distance of space they please by consuming the _calidum_ or _humidum

radicale_ in one month, two, or three or more as they list; which they

four manners of ways do execute (1) _gustu_; (2) _haustu_; (3) _odore_;

(4) _contactu_."

Again, in the trial of Anne Turner, also for the murder of Sir Thomas

Overbury (1615), evidence was given that she was in possession of

parchments, some of which contained the names of the blessed Trinity;

others on which were written + B + C + D + E; and another with a figure in

which was inscribed the word "corpus," and to which was fastened a little

piece of the skin of a man. "In some of these parchments were the names of

devils who were conjured to torment the Lord Somerset and Sir A.

Mainwaring if their loves should not continue--the one to the Countess and

the other to Mrs. Turner."

Reading over the evidence of this trial one can hardly doubt but that this

alleged sorcery had considerable weight in the conviction of Anne Turner;

for, as will be shown presently, there was no conclusive evidence of

poison having been given at all.

The widespread hatred of witchcraft and the readiness with which any

evidence of this description was accepted as a proof of poisoning, must

have rendered it almost impossible for an unpopular character to be

acquitted when accused of poisoning anyone.

The belief in witchcraft was very general in the seventeenth century, and

medical men were even called in to give their expert opinion on behalf of

the prosecution in the trials of those charged with being witches.

The most striking instance of this kind was at the trial of the Suffolk

witches in 1665, before Sir Matthew Hale, Baron of Exchequer. It was

alleged that the two women, Rose Cullender and Amy Duny, of Lowestoft, had

bewitched a number of children with whose parents they had had disputes.

The children, according to the evidence of various witnesses, had been

afflicted in different ways, being sometimes blind, or deaf, or lame, and

then suddenly recovering. And, in particular, it was stated that they

would go into fits and after every fit would vomit crooked pins or

twopenny nails with broad heads.

[Illustration: ANNE TURNER]

Mr. Sergeant Keeling, who was present, was not satisfied with this

evidence and considered that it was not sufficient to convict the

prisoners.

Dr. Browne, of Norwich (the Sir Thomas Browne whose fame rests upon his

_Religio Medici_), was then asked to state what he thought of the

evidence, and said that he was clearly of opinion that the persons were

bewitched.

He said further "That in Denmark there had been lately a great discovery

of witches, who used the very same way of afflicting persons by conveying

pins into them, and crooked as these pins were, with needles and nails.

And his opinion was that the devil in such cases did work upon the bodies

of men and women, upon a natural foundation (that is) to stir up and

excite such humours super-abounding in their bodies to a great excess,

whereby he did in an extraordinary manner afflict them with such

distempers as their bodies were most subject to, as particularly appeared

in these children; for he conceived that these swooning fits were natural,

and nothing else, but only heightened to a great excess by the subtlety of

the devil, co-operating with the witches, at whose instance he doth these

villainies."

This evidence is quoted at length, as showing the opinion of scientific

men of that time upon the subject of witchcraft. It had great weight with

the jury, and helped to make up for the lack of any real evidence against

the poor women.

Further evidence was given "that at the least touch of one of these

supposed witches, Rose Cullender by name, the children would shriek out,

opening their hands, which accident would not happen by the touch of any

other person."

A test was therefore applied in court, and a number of those present were

directed by the judge "to attend one of the distempered persons in the

further part of the hall, while she was in her fits, and then to send for

one of the witches to try what would happen, which they did accordingly:

and Amy Duny was conveyed from the bar and brought to the maid: they put

an apron before her eyes, and then one other person touched her hand,

which produced the same effect as the touch of the witch did in the court.

Whereupon the gentlemen returned openly protesting that they did believe

the whole transaction of this business was a mere imposture."

But even this test, which was plain proof of imposture, was distorted into

evidence against the witches, and Mr. Pacy, the father of one of the

children, declared "That possibly the maid might be deceived by a

suspicion, that the witch touched her when she did not," and that she

apprehended that the person who had done her this wrong was near.

Additional evidence was afterwards brought to prove other acts of

witchcraft by the prisoners. The judge, in giving his direction to the

jury, did not attempt to deal with the evidence "lest by so doing he

should wrong the evidence on one side or other," but contented himself

with pointing out that there were such creatures as witches, as was shown

by the Scriptures and the laws made by all nations against such persons.

The jury retired, and after deliberating for about half an hour, found

both prisoners guilty, and the judge sentenced them to be hanged. They

were repeatedly urged to make a confession, but were executed without

having done so.

Campbell writing of this trial says: "Hale's motives were most laudable;

but he furnishes a memorable instance of the mischiefs originating from

superstition. He was afraid of an acquittal or a pardon, lest countenance

should be given to a disbelief in witchcraft, which he considered

tantamount to a disbelief in Christianity. The following Sunday he wrote a

'Meditation concerning the mercy of God in preserving us from the malice

and power of Evil Angels' in which he refers with complacency to the trial

over which he had presided at Bury St. Edmunds."

Towards the end of the seventeenth century the belief in witchcraft became

less general, and the last trial in this country took place in 1712 at the

Hertford Assizes, when the prisoner was convicted but not executed. It was

not until 1821, however, that the statute with regard to witchcraft was

repealed in Ireland.

After the beginning of the eighteenth century there does not appear to

have been any attempt made to prove the use of the powers of witchcraft in

poisoning trials, and the evidence as to poisoning gradually became of a

more convincing character than it was, for instance, in the series of

trials of the murder of Sir Thomas Overbury in 1615 in the Tower of

London, to which reference has already been made.

The prisoners in these trials included Anne Turner, Richard Weston,

Franklyn, Sir Thomas Elwes (the Lieutenant of the Tower), and the Countess

of Somerset.

It was alleged that the Countess of Somerset resented the interference of

Sir Thomas Overbury, then a prisoner in the Tower, in her matrimonial

schemes, or as Franklyn put it in his evidence: The Countess had told him

that Sir Thomas Overbury "would pry so far into their affairs that it

would overthrow them all."

Richard Weston, who had been an apothecary's man but had afterwards become

under-keeper to the Lieutenant of the Tower, was arraigned on the charge

that "he did obtain at the Tower of London certain poison of green and

yellow colour called rosalgar (knowing the same to be deadly poison), and

the same did feloniously and maliciously mingle and compound in a kind of

broth which he did deliver to the said Sir T. Overbury with intent to kill

and poison."

He was also accused of giving on other occasions poisons called "white

arsenick" and mercury sublimate, which he "put and mingled" in tarts and

jellies.

Weston refused to answer, and stood "mute on God," until it was pointed

out by the Lord Chief Justice (Coke) that refusing to speak was punishable

by the rack, exposure and starvation, and would have the same consequence

as a conviction by a verdict or by confession.

Anne Turner, who was tried as one of the accomplices, was the widow of a

physician, and a friend of the Countess. She pleaded "Not guilty" to the

charge.

The evidence as to sorcery used by her has already been mentioned, but the

chief witness against her was James Franklyn, who made the following

confession:--

"Mrs. Turner came to me from the Countess and wished me from her to get

the strongest poison I could for Sir T. Overbury. Accordingly I bought

seven, viz.: Aqua fortis, white arsenick, mercury, powder of diamonds,

lapis costitus, great spiders, and cantharides. All these were given to

Sir T. Overbury, and the Lieutenant knew of these poisons.

"Sir T. Overbury never eat white salt but there was white arsenick put

into it. Once he desired pig, and Mrs. Turner put into it lapis costitus.

At another time he had two partridges sent him from the Court, and water

and onions being the sauce, Mrs. Turner put in cantharides instead of

pepper, so that there was scarce anything that he did eat, but there was

some poison mixed. For these poisons the Countess sent me reward. She

afterwards wrote unto me to buy her more poisons."

It is obvious from this confession that the poisons supplied had no power,

and it would seem that Franklyn was making an income for himself by

supplying harmless preparations for the poisons for which he was being

paid.

As far as it is possible to judge by reading the evidence there was proof

that attempts had been made to poison Sir Thomas Overbury, but no proof

that any poison was ever given to him.

However, the evidence appears to have been quite sufficient to convict the

prisoners. In passing sentence upon Anne Turner the Lord Chief Justice

informed her that she had been guilty of the seven deadly sins, and that

as she was the inventor of that horrid garb, the yellow tiffany ruffs and

cuffs, he hoped she would be the last by whom they would be worn.

To this end he ordered that she should be hanged in that garb she had made

so fashionable. This was duly done, while as a further condemnation of the

fashion to which the judge had taken exception the hangman wore yellow

bands and cuffs.

It is said that the fashion of wearing yellow starched linen died with

her.

After the execution of Mrs. Turner and Weston came the trial of Franklyn,

who confessed that poison had not been the cause of Overbury's death.

Weldon, who in 1755, published a history of the Kings of England describes

how Franklyn and Weston "came into Overbury's chamber and found him in

infinite torment with the contention between the state of nature and

working of the poison, and it had been very like that nature had got the

better in that contention ... but they, fearing it might come to light by

the judgment of physicians that foul play had been offered him, consented

to stifle him with bed-clothes, which accordingly was performed. And so

ended his miserable life, with the assurance of the conspirators that he

died of poison, none thinking otherwise but these two murtherers."

The account given by Weldon of the manner in which the Lord Chief Justice

received this confession is well worth quoting: "And now poor Mrs. Turner,

Weston and Franklyn began the tragedy. Mrs. Turner's day of mourning being

better than her life, for she died very penitently and showed much modesty

in her last act. After that died Weston, and then was Franklyn arraigned,

who confessed that Overbury was smothered to death not poisoned to death,

though he had poison given him.

"Here was Coke glad to cast about to bring both ends together, Mrs. Turner

and Weston being already hanged for killing Overbury by poison, but he

being the very quintessence of the law presently informed the jury that if

a man be done to death with pistol, poinard, sword, halter, poison, etc.,

so he be done to death, the indictment holds good, if but indicted for one

of those ways; but the good lawyers of those times were not of that

opinion, but did believe that Mrs. Turner was directly murthered by Lord

Coke's law as Overbury was without any law."

After the trial and execution of the minor prisoners came the trial of the

Countess of Somerset, the instigator of the crime, before the House of

Peers.

The Clerk of the Crown asked her, "Frances Countess of Somerset, art thou

guilty of the felony and murder, or not guilty?"

And she, making obeisance to the Lord High Steward, answered "Guilty," in

a low timid voice.

The Attorney-General, Sir Francis Bacon, then praised King James in a

fulsome manner, and held out hopes of pardon to the prisoner. The Lord

Chief Justice Coke also talked in servile terms of the king, whose

instructions for the investigation of the murder, he declared, "deserved

to be written in a sunbeam."

The Clerk of the Crown now asked the Countess "if she had any cause to

allege why sentence of death should not be passed upon her."

To this the prisoner replied in a low voice, which only the

Attorney-General heard, "I can much aggravate, but cannot extenuate my

fault. I desire mercy and that the lords will intercede for me to the

king."

An officer of the Crown then presented the white staff to the Lord High

Steward, and sentence of death was passed.

The Lord High Steward (Chancellor Ellesmere) now addressed the weeping

prisoner in the following words: "Since the lords have heard with what

humility and grief you have confessed the fact, I do not doubt they will

signify so much to the king, and mediate for his grace towards you."

The next day the Earl was tried and was found guilty, but both he and the

Countess received only nominal punishment. It was alleged that this

leniency to the Earl and Countess was due to King James himself having

been cognisant of the plot to kill Overbury.

The trial of Mary Blandy, in 1752, at the Oxford Assizes for the murder of

her father is remarkable as being the first one of which there is any

detailed record, in which convincing scientific proof of poisoning was

given.

Mr. Blandy, who was an attorney at Henley-on-Thames, was extremely fond of

Mary, his only daughter, and according to the story told by the

prosecuting counsel at the trial, "had pretended that he could give her

£10,000 for her marriage portion in hopes that neighbouring gentlemen

would pay their addresses. But this pious fraud, which was intended for

her promotion, proved his death and her destruction."

A Captain Cranstoun, who was recruiting at Henley, hearing she was to have

£10,000 fell in love, not with her, but with her fortune, and concealed

from her the fact that he already had a wife.

The father having heard rumours of the bad character of Cranstoun, refused

to let his daughter have anything to do with him. She continued to see

him, however, and listened to his proposal to get the father out of the

way as soon as possible, so that he might get possession of the £10,000 of

which the poor man had unfortunately said he was possessed.

In August, 1750, Mary Blandy began to prepare people for the death of her

father by giving out that she had heard music in the house, this being

looked upon as a certain portent of death.

Then Captain Cranstoun sent her a present of Scotch pebbles and enclosed

with them a packet of a white powder which she was to put into her

father's food.

She gave him some of this, which made him very ill, but as he recovered,

Captain Cranstoun sent her more powder, and some of this she put into his

gruel with the result that he again became violently ill, and died with

symptoms suggestive of arsenical poisoning.

Before his death he was told that Mary had been putting poison into his

food, and only said, "Poor love-sick girl. What won't a girl do for a man

she loves? I forgive her: I always thought there was mischief in these

cursed Scotch pebbles!"

The scientific evidence at this trial was given in a very convincing

manner by a Dr. Addington, who had attended the poisoned man and had

examined the body and tested the white powder that had been sent by

Captain Cranstoun. He stated that this was arsenic, and that he had found

the same poison in Mr. Blandy's gruel.

When asked in cross-examination why he believed this to be white arsenic

he described the different tests he had applied to this powder and to a

sample of pure white arsenic that he had purchased, and showed how the

same results were obtained in each case, and concluded with the remark: "I

never saw any two things in nature more alike than the decoction made with

the powder found in Mr. Blandy's gruel and that made with white arsenic."

The judge in his summing up to the jury remarked that the case was one

which was to be made out by circumstances. A great part of the evidence

rested upon presumption, and if the jury regarded the presumption as a

violent one, that is to say, one where the circumstances spoke so strongly

that to suppose the contrary would be absurd, that amounted in law to

full proof.

The jury, after deliberating for five minutes, found the prisoner guilty.

She was executed on April 6th, and left a written confession in which she

stated that she had not been aware that the powder she had given to her

father was in any way noxious or poisonous.

Cranstoun was subsequently prosecuted and outlawed for his share in the

murder.

If the scientific evidence in this early trial was a model of what such

evidence should be, the same can hardly be said of that given at the trial

of Katharine Nairn and Patrick Ogilvie at the High Court of Edinburgh in

August, 1765, for the murder of Thomas Ogilvie, the husband of Katharine.

They had only been married in January of that year, and it was at about

the same time that Patrick Ogilvie, who was a lieutenant in the army, had

returned from abroad. Almost immediately he supplanted his brother in the

affections of his wife, and, a quarrel taking place between the two men,

Patrick was forbidden to come to the house. Shortly afterwards the husband

died, having shown symptoms of irritant poisoning.

According to the story of the prosecution, Katharine told a woman named

Clark, who lived in the house with them, that Patrick had undertaken to

procure poison for her, and that she was going to give it to her husband.

An unsigned letter to Patrick Ogilvie, alleged to be in the writing of

Katharine, with reference to the poison, was put in as evidence.

Testimony was also given by a surgeon of Brechin that Lieutenant Ogilvie

had obtained from him a small phial of laudanum which he said he required

for his own health, and also half an ounce of powdered arsenic for the

alleged purpose of killing some dogs that destroyed his game.

These he had sent to Katharine, who was believed to have put the arsenic

in her husband's tea.

The defence was that the deceased had died a natural death, and that

Katharine Nairn was in the habit of taking small doses of laudanum and of

salts for her health. Expert evidence was given on her behalf by a Dr. J.

Scott to the effect that "he had made experiments upon arsenic and knew

well that it would not dissolve in warm water."

The evidence, which by the way is incorrect, went to prove that even if

arsenic had been introduced into the tea it could not have caused death by

poisoning.

A surgeon also gave evidence that the symptoms might have arisen from

natural causes.

For the prosecution no proof of the powder being arsenic or that the

husband had really died of arsenical poisoning was given, and no

post-mortem examination was made.

The counsel for the defence put the position in the following form: "The

incest is supposed to be certain because the husband is supposed to have

been poisoned; and, on the other hand, the man is believed to have been

poisoned, because there is supposed proof of incest."

Both prisoners were found guilty and sentenced to death, but the execution

was delayed pending an appeal to the Privy Council in London. The

sentences were confirmed and Patrick Ogilvie was executed in November,

but Mrs. Ogilvie, who was expecting the birth of a child, was kept in

prison. A daughter was born early in 1766, and Katharine Nairn managed to

escape from prison in March of that year.

The trial curiously foreshadowed the trial of Mrs. Maybrick a century

later in many of its features, and, as in the modern case, convincing

proof of guilt was wanting.

* * * * *

The question whether a particular substance is or is not a poison has

frequently been raised in a court of justice, and on several occasions a

prisoner has owed his acquittal to a conflict of scientific opinion upon

the point.

This was the case in a trial that took place in 1836, at the Norwich

Assizes, when two farm labourers were charged with having attempted to

poison a fellow farm servant, by putting "a deadly poison," blue vitriol

(copper sulphate), into a glass of milk. The man noticed that the milk had

a metallic taste and only drank a portion of it; but this was sufficient

to make him ill for a short time. On the milk being examined it was found

to contain copper sulphate, and suspicion pointed to its having been

doctored by the prisoners.

The counsel for the defence raised the objection that the accused were

indicted for having administered a "deadly" poison, and that medical

opinion did not hold that blue vitriol was a deadly poison.

A medical witness called on behalf of the prosecution stated that he

considered that copper sulphate was a deadly poison, but at the same time

admitted that he had no experience of any case of poisoning in which that

salt had been taken.

On the other hand, another doctor asserted that in his opinion the

substance was not poisonous, and pointed out that it was not sold as a

poison.

The judge, taking into account this conflict of opinion, decided that the

matter was doubtful and the prisoners were acquitted.

In the Offences Against the Person Act of 1861 it is provided that any

attempt to administer any poison or other destructive thing to any person

whether bodily injury be effected or not is guilty of a felony.

As copper sulphate, when taken in quantity, will certainly cause bodily

injury, the case tried in 1836 at Norwich, would now probably be decided

differently, even though no bodily harm had actually been caused.

This is borne out by the trial of Cluderay, on the charge of attempted

poisoning by administering pods of _coculus indicus_.

No harm had resulted to the intended victim owing to the fact that

although the berries themselves are poisonous, the pod in which they are

contained is insoluble when swallowed, and this prevents the berries from

producing their toxic effects upon the system.

It was decided by the judge, however, that the giving of the entire pod

was an administration of poison within the meaning of the Act.

It is not an easy matter to find a suitable definition for a poison.

According to Taylor it is "a substance which, when taken into the mouth or

stomach, or when absorbed into the blood is capable of seriously

affecting health or of destroying life by its action on the tissues with

which it immediately, or after absorption, comes into contact."

As applied to criminal cases this definition is obviously open to

criticism, for it is applicable to a substance such as coffee which, when

taken in excess, will "seriously affect the health." Some reference to the

quantity is therefore needed. A drug, such as morphia, may be of benefit

when given in small doses, but becomes a poison when given in large

quantity. In the case of Cluderay, however, it could hardly be contended

that the administration of entire coculus pods, although not producing

injurious results, could in any way be beneficial.

The trial of Tawell at the Aylesbury Assizes in 1845, on the charge of

murdering Sarah Hart at Slough, presented several points of scientific

interest.

The manner in which the electric telegraph was employed in effecting his

capture has been described in another place.

At the trial Tawell denied that he had ever been to Slough at all, but the

woman who had heard the screams of the victim had seen and spoken with

him, and swore positively to his identity.

It was proved that on the day of the murder Tawell had bought some

Scheele's prussic acid in London, but he accounted for this by the fact

that he was constantly in the habit of buying the poison for external use.

In the cottage, where the woman was found lying dead when the doctor

arrived, were two empty tumblers and a bottle of porter, while a small

amount of prussic acid was found in the stomach of the woman.

The counsel for the defence urged that there was no proof that the woman

had died from the effects of prussic acid and that some sudden emotion

might have been the cause of death.

As to the prussic acid found in the body, he suggested that it might have

been derived from apple-pips eaten by the deceased.

Chemical evidence, however, was brought forward to prove that prussic acid

could not have been formed as suggested in the process of digestion, and

the only result of this novel defence was that for long afterwards the

barrister was known as "Apple-pip Kelly."

In his summing up of the evidence the judge, Baron Parker, said with

reference to one of the contentions of the prisoner's counsel: "If the

evidence satisfies you that the death was occasioned by poison, and that

poison was administered by the prisoner it is not necessary to give direct

and positive proof of what is the quantity which would destroy life, nor

is it necessary to prove that such quantity was found in the body of the

deceased, if the other facts lead you to the conclusion that the death was

occasioned by poison and that it was knowingly administered by the

prisoner."

Referring to the argument that there was no proof that the deceased might

not have died from the effect of a sudden emotion he pointed out that they

were not to have recourse to mere conjecture; that where the result of the

evidence gave them the existence of a cause to which the death might be

rationally attributed they were not to suppose without a reason for doing

so, that it was to be attributed to any other cause.

As has already been mentioned, the evidence convinced the jury of the

guilt of the prisoner, and he was sentenced to death.

Science and the Criminal · 第 13 / 16 章