tinction; and he was obliged to tell them, that if two people went out with mortal weapons to fight, and if a death ensue, it was murder. It was his painful duty to tell them so; but in such a case nothing could be innocent, unless where two men, wearing, as formerly, swords, had a sudden rencontre; if death ensued, it was only manslaughter; but even there, if a previous message had been delivered, it was murder. As to the discussion whether this was a fair duel or not, it was for them, having thus laid down the law to them, to consider. He had told them, if they acted legally, how they should find, but he could not pretend to be ignorant of what his experience had taught him ; and he must say, in the melancholy course of his professional experience, he had never seen less deviation or corroboration in the witnesses, or less to induce them to suppose that a fairer duel was ever fought. On the part of the unfortunate deceased, there even appeared to be some attempt at display; he made a speech before the magistrates; he made a speech before the crowd-there seemed even some stage-trick in his proceedings; and he could Lot help remarking it to them, though he must at the same time greatly regret that so very worthy and excellent a young man, as he appeared to be, had met with so untimely an end. It was proved, also, that the deceased not only wore a black dress, but had prepared black sleeves to his waistcoat; what effect black had in such a case he did not know, but it at least showed a purpose on the part of the deceased. He

Lancaster Assizes, SeptemberSusannah Holroyd was put to the bar, charged with three murders; with the wilful murder of her husband, at Ashton-under-Line, by administering poison to him on the 15th day of April, of which he died on the 18th; as also with the murder of her own son, a boy of eight years of age, by the same means; and of Ann Newton, an infant of about 15 weeks old, by the same means, and on the same occasion.

Mr. Cross, Counsel for the prosecution, stated the law applicable to this case to the jury, and gave an outline of the evidence by which the charge was supported. The deceased, Matthew Holroyd, followed the trade of a weaver, and had the misfortune not to live on good terms with his wife, the prisoner at the bar, by whom he had three children, the last of whom was mentioned in the present indictment. The prisoner was in the habit of nursing

nursing illegitimate children, one of whom likewise she was now charged with murdering. About a month before she exercised this unrelenting cruelty, she had a very extraordinary conversation with the mother of this infant, who resided in the house with her. She told Mary Newton that she had had her fortune read, and that in the course of one week, and within six weeks from the period on which she was speaking, three funerals would go from her door. One of the destined victims was her husband, another her son, and the third the child of the person to whom she was addressing herself. She did not delay her purpose, however, till the six weeks of the fortune-teller had expired; for in about a month afterwards she went to a chymist's shop and purchased an ounce and a half of arsenic, to fulfil the prophecy. This happened on Saturday, the 13th of April, or Easter-eve. Next morning her husband had some coffee for his breakfast, and soon after became ill. To restore him, she prepared him some water gruel, and in it she mixed the poison. The wretched man immediately felt that the gruel had an uncommon taste, and refused at first to drink it; but she urged him so strongly, by telling him that "it was the last gruel she ever would prepare him," that he complied with her entreaties, not knowing the enigma hid under these expressions. As he grew worse, she called in medical assistance, the better to allay suspicion, and was entrusted by the medical man with remedies to be administered; but she refused to

administer them, saying, it was of no use, for "her husband would die." After the death of the deceased, the prisoner wa taken into custody, and before the Coroner made a full confession of the murder, which, as it was signed by her, would be given in evidence. There were two counts in the indictment respecting Matthew Holroyd: the first charged the prisoner with petty treason, in making an attempt on the life of her husband; the second with administering poison, of which he died. It was necessary to have these two, as on one occasion, where the latter was omitted, and the former could not be proved, the Judge felt himself obliged to direct the party to be acquitted, though there was no doubt that the deceased died by poison.

John Taylor, a chymist at Ashton-under-Line, proved, that he sold an ounce and a half of arsenic (or mercury, as the common people call it) to the prisoner, for destroying rats and mice; that he refused at first to sell any, unless the prisoner would bring a neighbour along with her, to vouch for the purpose for which it was to be applied; and that, upon such attestation, he sold the quantity in question.

Mary Newton had lodged with the prisoner for ten or eleven weeks previous to the murders, and had her child, Ann Newton, about fifteen weeks old, in the house with her. She remembered Matthew Holroyd becoming ill on the 14th of April, and he complained of a fire or burning pain in his stomach. His son sickened about the same time. When his Y 2

wife

wife gave him the gruel, the witness heard him say, "Susy, you have put pepper in this gruel;" which she denied, and he persisted in declaring. She threatened him with cooking no more for him while he lived, if he did not drink it. He died on the Friday morning at six o'clock, after a week of severe agony; and his son survived him only six hours. The child of the witness, which was under the care of the prisoner when witness went out to work, died on the Tuesday at six o'clock in the evening, with violent retchings, convulsions, and vomiting, like the husband and son of the prisoner. This witness recounted the story of the fortune-telling, as stated above. There were no rats or mice in the house to justify the purchase of arsenic.

John Swindels, who practises medicine at Ashton-under-Line, deposed, that he was sent for by the prisoner to her husband; that he complained of violent pains in the stomach; that he gave him an emetic, which relieved him a little; but that he gave over his visits when the prisoner refused to administer his prescriptions.

Jonathan Hague, clerk to Mr. Gibbon, an attorney at Ashtonunder-Line, stated a confession that the prisoner made to him when in custody after her apprehension for the murders.

Samuel Newton, a constable, presented to the Court the confession of the prisoner before the Coroner, stating, that no threat, promise, or allurement was held out to her to induce her to make it; but that, on the contrary, she was warned not to criminate

herself, and told that every thing she said might be given in evidence against her on her trial. The confession was read, and acknowledged the murder in the most unreserved manner.

Thomas Ogden, a surgeon at Ashton, was called at the inquisition taken on the body. He examined the stomach, which was inflamed nearly over its whole extent, and in one place the inflammation had amounted to gangrene. There was a quantity of fluid on the stomach, which he analyzed, and in the analysis detected arsenic. He had no doubt that inflammation was the cause of the death, and the arsenic the cause of the inflammation.

The Judge summed up this evidence, which seemed very clear, and the Jury returned a verdict of-Guilty.

The Judge immediately pronounced the awful sentence of the law, that Susannah Holroyd, being convicted of so atrocious a crime, should be hanged on Monday, and her body given for dissection. The prisoner, who had continued during the whole of her trial apparently insensible to her awful situation, and had even heard the word guilty without betraying any symptoms of emotion, seemed impressed with the solemn formalities and moving address that accompanied the delivery of her sentence. The sympathy of the numerous crowd that attended this trial was powerfully turned against the prisoner, not only from the natural horror felt at the crime for which she was doomed to suffer, but from a very general belief that, in her occupation of nursing illegitimate chil

dren

dren (who are of course frequently neglected by their natural guardians), she had murdered at differnt times several infants, in the same manner as she had lately done her husband and the two other victims of her unprovoked malice.

Old Bailey, Monday, April 8. -George Barnett was put to the bar, standing charged with shooting a certain pistol loaded with powder and shot at Frances Maria Kelly on the 17th of February last, with intent her to kill and murder. The second count charged him with shooting at her with intent to do her some bodily harm. There were two other counts, varying the charge; and a fifth count, charging him in like manner with shooting at Edward Knight.

Mr. Nathan Harris deposed, that he is a jeweller. On the evening of the 17th of February, he was in the pit of Drury-lane Theatre, about the eighth row. He saw the prisoner about two rows before him, who stood up during the performance of the farce. Miss Kelly and Mr. Knight were on the stage at the moment, embracing each other, in the characters of Nan and Joey, in the furce of The Merry Mourners. After they had parted, Miss Kelly was retreating backwards towards the stage-door, when witness observed the prisoner standing above all the people around him, with his right hand pointing slanting towards the spot where Miss Kelly was standing. Witness saw a flash come from his hand, and heard the report of a pistol: witness reached across to

him instantly, and seized him, when he said, "I am not the man who fired it; don't take me." Witness said, he was sure he was the man. At this time the prisoner had dropped the pistol. Witness had seen the wadding drop at the moment of the flash. The prisoner was then secured, taken out of the theatre, and searched. In his pocket was found a small block-tin case full of gunpowder. Witness did not stop longer, the crowd was SO great.

Cross-examined.-The distance from the prisoner to Miss Kelly was very great. The prisoner seemed much agitated. He went quietly from the pit, and said nothing.

was

Mr. Birnie deposed that he took the depositions against the prisoner. He put a question to the prisoner: the answer not taken in writing. Witness cautioned the prisoner against saying any thing to criminatę himself. Witness asked him how he came to fire a pistol in a public theatre. He said it was to make an alarm. Witness then asked him how he came to point it so. His answer was, "She can explain." He did not mention Miss Kelly's name, but her name had been mentioned, and that of no other female.

Cross-examined. - Could not form any judgment of the prisoner's sanity. There was a sort of gloominess in his eyes.

Mr. Rorer went to the theatre to ascertain the direction of the shot, and found marks of shot (very small) on the lamps on the stage door, near which Miss Kelly had been standing. He found

some shot in the orchestra, as if they had struck against the boards and fallen down. Those which struck the door had left a mark two feet nine inches from the floor. The shot found in the orchestra, and ix the prisoner's pocket, were the same size.

Mr. E. Knight was perform ing at Drury-lane theatre on the night in question. Remembered the discharge of the pistol. Miss Kelly was on the stage at the same time with him, on his right hand. Saw the flash of the pistol, which came from his left; did not see who fired the pistol. Thought he heard the rattling of shot against the orchestra.

Cross-examined.-Neither he nor Miss Kelly received the slightest injury.

Miss Kelly was now sworn, evidently under great embarrassment, and much affected. On the night in question she was performing at Drury-lane theatre; saw a light, and at the same moment heard what she supposed to be a detonating ball. Had not the least acquaintance with the prisoner to her knowledge; had never seen him before that period, nor till this day. [The prisoner was observed to smile, and look earnestly towards Miss Kelly.]

Cross-examined.-Received two letters signed with the prisoner's name. Never answered them, or took the slightest notice of them, except to a friend. The letters were then put in.

John Baker was in attendance at Drury-lane Theatre on the 17th of February; saw Mr. Taylor produce the pistol now put in; it appeared to have been re

cently discharged. (The pistol was of the same size used by Bellingham, about six inches long.) While conveying the prisoner to Tothill-fields, he asked him how he could think of doing so rash an act-was it his intention to shoot Miss Kelly? The prisoner answered-"I tell you the pistol was not loaded with either ball or slugs." He admitted his intention was to shoot at Miss Kelly.

Cross-examined.-Saw the prisoner on the Monday following at Tothill-fields. He said he was not sorry for what he had done, and made a sort of a laugh.

Samuel Dickons accompanied the last witness in taking the prisoner to Tothill-fields. The prisoner said he intended to kill Miss Kelly, in answer to a question from Baker. Baker then asked why he intended this? The prisoner answered, "She knows very well what it's for."

Here the evidence closed, when the letters produced by Mis Kelly were read.

Mr. Dowling now announced his intention to call evidence to prove the insanity of the prisoner.

The prisoner, on being asked by Mr. Baron Wood, said, he had nothing to say in his defence.

John Crockets had married the prisoner's mother. The prisoner, when a boy, was always reserved and gloomy; he would not play with other boys. At times he was very queer, and at his meals would burst out a laughing without reason. He was apprenticed to a law-stationer; he went down to Seven-Oaks, in Kent, as clerk to an attorney; he had not been long there, when witness was sent for by his master to bring