verdict referred in terms so vague had not been ascertained; but the
contents of the stomach of the deceased were preserved, and afterwards
subjected to the usual tests of the presence of arsenic. Ammoniacal
sulphates of copper and of silver, and sulphuretted hydrogen gas, were
applied to the contents of the stomach, and the green and yellow
precipitates, indicating the presence of arsenic, followed. In addition
to this, the one infallible test, the reproduction of the arsenic
itself, left no doubt that the deceased had taken that dreadful poison
shortly before her death. It appeared by the evidence of a chemist's
shopman, that three or four months before, the prisoner bought of him an
ounce of arsenic, but as he was in the habit of using that drug in the
manufacture of his cattle ointments, the purchase excited no suspicion
at the time. In order to show that it was the prisoner by whom or by
whose direction the poison was administered, it was proved that on the
morning of the death of the deceased he called at the house in which she
had breathed her last, and a conversation ensued between the relatives
of the unfortunate woman and himself, in which he almost in terms
admitted that the fact was so. After some introductory matters, a
sister of the deceased told him "it was his 'stuff' that had killed
her;" to which he replied, "that could not be, for he had only given her
half a grain, whereas he had given his own son, and others, a grain and
more, without any harm." The sister rejoined, "Then it was too strong
for her stomach;" to which the prisoner answered, "Like enough, poor
thing! for her stomach was almost gone." This, and his observation on
the day of her funeral, that "he would not for 20_l._ have given her
anything if he had known it, for he'd rather have done her good than
harm," constituted the evidence on which the prosecutor relied for proof
of his having been the hand which administered or the advice which
directed the arsenic. The family of the deceased spoke very favourably
of his kindness and attention to her in her illness.
The Lord Chief-Justice Tindal told the jury that they must first satisfy
themselves whether, in point of fact, the deceased had died from the
taking of arsenic, and whether the prisoner had administered it. If they
were satisfied of those two facts, they would then have to say whether
the prisoner had conducted himself so rashly and with such gross
negligence as made him liable to an indictment for manslaughter. The
question was, whether, in reference to the nature of the remedy he
applied, he acted with a due degree of care and caution, or whether he
acted with rashness and gross negligence. If they were of opinion that
he acted with gross negligence and want of due and proper caution, he
was in point of law guilty of the crime with which he was charged upon
this indictment.
The jury consulted together for some time, and then returned a verdict
of "Guilty."
The Lord Chief-Justice in passing sentence observed, that the ends of
justice would be answered by the responsibility to which the prisoner
had subjected himself being generally known. If any person presumed to
administer medically a deadly poison, being grossly ignorant of its
character and effects, or with rash negligence in its use, and death
ensued, he would be liable to be convicted of the offence of
manslaughter. Such a person might have no evil intention, and indeed
might be actuated by a desire to alleviate the sufferings of a
fellow-creature, but it behoved him to proceed with caution and care. At
the time of life at which the prisoner had arrived, it would be useless
cruelty to inflict upon him a severe punishment; and as he had been
already in jail during six weeks, the court would sentence him to a
further imprisonment of fourteen days only.
The old man, who appeared to possess his mental and physical powers
almost unimpaired, paid great attention to the case as it proceeded. His
respectful demeanour, silvery hair, and mild countenance, secured for
him considerable compassion in court, which was strongly increased by
the sorrow depicted in his countenance for the deed, of which he had
been so unwittingly guilty, and his known reputation for amiability of
disposition.
THE END.
PRINTED BY J. S. VIRTUE AND CO., LIMITED, CITY ROAD, LONDON.
Typographical errors corrected by the etext transcriber:
pronouncesd the word=> pronounced the word {pg 22}
that the ngay city=> that then gay city {pg 30}
near the Edgware-road=> near the Edgeware-road {pg 35}
I have nohing more to say=> I have nothing more to say {pg 44}
same i dec nt levity=> same indecent levity {pg 45}
as as well as Thistlewood=> as well as Thistlewood {pg 45}
an innoffensive, gentlemanly man=> an inoffensive, gentlemanly man {pg
53}
articles of linendrapery=> articles of linen drapery {pg 61}
short of Edgware=> short of Edgeware {pg 77}
men were still alseep=> men were still asleep {pg 87}
atached to Bow-street=> attached to Bow-street {pg 130}
acording to circumstances=> according to circumstances {pg 168}
ocasionally procured=> occasionally procured {pg 168}
bronght to the scaffold=> brought to the scaffold {pg 183}
of the blody knife=> of the bloody knife {pg 188}
accessary to the murder=> accessory to the murder {pg 247}
coming down to Penydarran=> coming down to Penydarren {pg 258}
mukets of the Highlanders=> muskets of the Highlanders {pg 259}
its intended supension=> its intended suspension {pg 354}
of Cook and Joblings=> of Cook and Jobling {pg 355}
gentleman mamed Canning=> gentleman named Canning {pg 389}
immediatly afterwards=> immediately afterwards {pg 391}
under-gamekepers=> under-gamekeepers {pg 397}
witnesses at Maidstone, Chlemsford=> witnesses at Maidstone, Chelmsford
{pg 403}
in order to made room=> in order to make room {pg 434}
in which the innnocent=> in which the innocent {pg 492}
controul and direction=> control and direction {pg 518}
and a detachmant of the 45th foot=> and a detachment of the 45th foot
{pg 518}
of the Welch Oak=> of the Welsh Oak {pg 527}
your lordship should bear in mind=> your lordships should bear in mind
{pg 613}
the property of Alexander Howder=> the property of Alexander Howden {pg
624}
a police was effected on goods=> a policy was effected on goods {pg 625}
had atained the age=> had attained the age {pg 634}