01/03/2006
Transcribed by Carol Harrison
SARAH ANN FRENCH, widow, was placed at the bar, charged, upon the coroner’s inquisition taken at Chiddingly, on the 2nd Feb. last, with the wilful murder of Wm. French, her husband.
On being brought up, Mr. Sanders, Governor of the Gaol, said, the prisoner was paralysed, and would require to be seated. She was accordingly accommodated with a chair.
She appeared greatly changed since her committal, having lost all her colour.
On being arraigned, she pleaded not guilty.
Mr. Johnson and Mr. Creasey appeared for the prosecution.
The Judge assigned Mr. Rodwell and Mr. Barrow to conduct the defence for the prisoner.
Mr. Johnson in stating the case to the jury, said the prisoner, who stood before them, was charged with the wilful murder of her husband, by the administration of poison. In a case of that fearful character, in which death was produced by the most insidious means, all their attention would be required to the evidence which would be produced, and he was sure he had only to state as much in order to ensure it to the utmost . The prisoner was married to her husband in the year 1844, and one child, living, was the offspring of that marriage. For some years after their marriage they continued to reside together in a house in the village of Chiddingly, for anything he was able to state to the contrary, happily. The deceased was a man of strong and robust constitution, and continued in the enjoyment of health up to the Christmas of last year, when he began to manifest symptoms of serious illness, and though he partially recovered, he soon after began to show symptoms of relapse, until on the 17th January , he fell a victim. An inquest was held on the body, and surgical evidence given, but the medical gentleman who was examined on that occasion, fell into a mistake as to the cause of death, attributing it to what was known as introsusception of the bowels. Strong suspicion was still, however, entertained — rumours and remarks got to the ears of the deceased’s brother, who (in consequence) making further enquiries, found that the prisoner had purchased a quantity of poison only the day before her husband’s death; and other things transpired which led eventually to another inquest – the result of which was, the committal of the prisoner for wilful murder. Mr. Johnson then proceeded to detail the leading facts, as shown in the evidence, commenting on such portions as appeared most clearly to implicate the unfortunate woman. He then proceeded to call witnesses.
John French deposed –I am a labourer at Chiddingly and brother to the deceased, Wm. French, who had been married to the prisoner about seven years; they had one child. My brother worked at the same farm with me. I last saw my brother alive on Christmas-eve. He was generally a strong man, but occasionally was poorly. I saw him again the morning after he died. I had not been told he was ill, or I should have gone to see him. I was called up in the night. I resided about a mile or mile and a half from his house. I got to his house about one 0’clock. I saw prisoner sitting in the kitchen with a neighbour, Mrs Terry; I asked prisoner how he went off? She said he went off very easy. I asked what he said to her. She replied, he said, “You be my wife bain’t you,” and then turned round and went off. She said he had a bad complaint, a rupture; she also said deceased was sick and kept continually retching. I never heard of my brother being ruptured before; he was as strong and able-bodied as myself. I went up to see my brother'’ body; he was lying on the right side. I fancied I saw a swelling on each side of his throat. I felt his hands and face; they were cold. The bed appeared as though not more than one had lain in it; prisoner did not go up with me. I spoke to her when I came down; I asked why there wasn’t a doctor had? She replied, “He said, he should get better”. She said, deceased had eaten a hearty supper and kept it down. Mrs. Funnell and Mrs. Seal were then present. There was a fire in the kitchen. There was an inquest, and my brother was buried; he was then taken up again. I saw the body; Mr Holman, surgeon, was with me. My brother was 35.
By Mr. Rodwell – Can’t say whether deceased and prisoner lived on good terms. When I saw the prisoner after deceased’s death she seemed hurt, but I expected to see her more so. I was distressed at the time, but recollect what prisoner said about the doctor not being sent for. She did not say that deceased would not have a doctor sent for, because he thought he would get better.
By the Judge – Deceased’s work was thrashing, and on the Tuesday, the day before his death, I thought I missed one flail. I missed it several times during the day.
Tabitha Pelling, examined by Mr. Johnson – I am the wife of Wm. Pelling, shoemaker. We resided in a tenement under the same roof as deceased and prisoner. I often used to see deceased. I saw him alive on the 4th January, from half past one to two. He was coming up the road with his wife; they were arm in arm. At that time he looked as well as usual. On Monday, the 5th, I saw the prisoner, but we had no conversation. On the 6th, I heard Wm. Funnell, about six in the morning, call upon the deceased. The prisoner replied to him. She said to him, “French is not well, and can’t go to work today.” I was employed away from home that day. I don’t know whether deceased left home or not. I left at half past and returned at nine at night. I went directly into deceased’s house, and asked how Mr. French was? She said, he was very sick. On the following morning I was in prisoner’s house about eight or half past. She then said, her husband was better; that time I heard Mr. French retching slightly. I went in again about four in the afternoon, and again enquired how deceased was. Prisoner again said, he was better. Don’t recollect anything being said about a doctor. About half past eleven at night prisoner rapped at partition wall and said, “make as much haste as you can.” I went the back way, and saw Mrs. French in the kitchen; she had on a half mourning dress. She said, “I think my husband has gone.” We have not been asleep all night. There was no other person present at that time. We went upstairs. I went direct to the bed and saw deceased; he appeared to be dead. I did not touch him. I returned home and told my husband to go for some one; he left for that purpose. I returned to the prisoner and then saw her boy. Mrs. Funnell and Mrs. Seal came into the house while I was there. I heard prisoner say that French had bought a ha’porth of arsenic a week before Christmas at Mr. Noakes to destroy mice; there had been mice about the house. She did not mention the colour of the arsenic. She told me of deceased buying poison a little before Christmas. Prisoner remained in the cottage a little more than a after the death of her husband. I can’t remember the day. She moved to Muggeridge’s in the adjoining parish of Hellingly.
Cross-examined – I have had arsenic myself in the house to kill mice with. From the time of prisoner rapping for me to the time of my seeing her might be five minutes. For anything I know to the contrary, prisoner and her husband lived happily. Their child had been very ill before. I know James Hickman; I saw him come out of French’s on Tuesday evening, about nine o’clock; I have seen him there at various times.
Re-examined by Mr. Johnson – The prisoner at the bar had a sister, Jane Piper; she used to come and stay there occasionally. Hickman used to come when she was there, and at other times. I have not seen Hickman and Jane Piper in company together.
By the Court – Mrs. French cried very much when she told me her husband was gone. I sent my husband for a surgeon after I left the first time; the surgeon came. I saw Hickman again on Thursday in prisoner’s house. I have seen Hickman there several times of an evening; I have also heard a person reading which I believe to be him.
Mary Funnell, wife of Wm. Funnell, examined by Mr. Creasey – We live in a cottage about 20yards from French’s cottage. We have known French seven years; he was not a very ailing man. I saw him with his wife the Sunday before his death; he then appeared well. I was called up on the night of his death about quarter before 12. I went to his cottage, and on going up stairs saw that he was dead; I felt his body, it was quite cold. I noticed his lips, they appeared sore; there were little red spots on them, and the skin was gone. Prisoner came into the room and said – is he gone; I said, “Yes, he’s gone, poor dear.” She said, “Lord have mercy on me,” and cried very much. She said, “What shall I do?” I said, “Mrs. French, what will you do; you little know what you have got to go through; you haven’t had ne’er a doctor to him.” She replied, “he wouldn’t have ne’er a doctor.” I said, I’m sure they won’t bury him without an inquest. She said, “Are you sure they won’t?” I replied, “I am sure they won’t.” I noticed the bedroom floor was wet near the bed and nearest his head.
By the Court – I could not tell whether it was vomit; it had been wiped up. I did not notice a chamber utensil in the room.
By Mr. Creasy – I noticed a saucepan with water in it at the bottom of the bed. I carried it downstairs.
By the Court – There was no fire in the bedroom.
By Mr. Creasy – I asked what had been in the saucepan. Prisoner said it was water she had taken up for him to drink. She said she had knocked at the wall for Mrs. Pelling because she thought her husband was dying. She had heard him say “Lord have mercy upon me.” She also stated she had been to bed. There was a fire in the kitchen, and a kettle of water upon it. The prisoner had her day clothes on when I first went. Next morning I washed a shirt and a sheet for the prisoner. They were in a bad state from purging; I washed them at her request. On the morning of the 6th, prisoner told me her husband was very poorly. I asked what was the matter with him, and she said he had got a rupture. She said a second time the same day that he continued ill, but he thought he could take a basin of milk. I recollect the day after death, I said to the prisoner, “If I’d known French was so ill, I’d have come and seen him.” She replied, You wouldn’t have seen him if you had, Mrs Funnell. On Monday, the 5th, I saw Mrs. French go past my house. She had on a black Derry dress; a black bonnet with blue ribbon and yellow stripe, and plaid shawl. She said she was going to Horsebridge. She turned down the lane. Emma Russell and my daughter were with her. About ten minutes afterwards I saw Mrs. Seal going in the same direction. The same afternoon I saw the prisoner going back past my house. Emma Russell was with her; my girl was not. I know Mr. Crowhurst, a vetinerary surgeon at Horsebridge; to get to his house you have to go along the Dicker. I saw the prisoner again on Tuesday; she was dressed as before. I spoke to her as she passed my house. I asked her where her sister was; I enquired because she had told me the same morning she was going after her sister. I recollect prisoner’s bringing a flour bag to my house on the Wednesday evening. She then told me her husband was much better, and had eat and drunk. After French’s death, prisoner said he had eaten an onion pie, and she thought it had made him ill. He was very sick after it.
Cross-examined – I believe deceased and his wife lived happily together. When prisoner said she was going to fetch her sister she also said, “For my husband is so ill I don’t like to be alone with him.” The road she took would lead to either to her sister’s or to Crowhurst’s. The prisoner mentioned to me a twelve-month ago that her husband was ruptured. I don’t know why I noticed the prisoner’s dress on Tuesday and Wednesday.
James Noakes of Chiddingly-street, examined a plan produced in court. He said it showed very well the relative position of the places mentioned in the evidence. The general features were correct.
By the Judge – I sold deceased a half-penny-worth of poison on 1st Nov and 20th Dec. One half-penny-worth is about half an ounce. It was coloured with indigo both times. The sale is entered in my book. I did not serve him the first time, but his mark is attached to the book.
Wm. Funnell, examined by Mr. Johnson – I am husband of the witness Mary Funnell. Have known deceased some years; we worked together at Stream Farm; Our employment was thrashing. Deceased’s health had been good up to Christmas, and I considered him a strong man. When I parted with him on Christmas-eve his health appeared to be good. During that day, while we were at work, deceased said he was going to have a “rarity” for his supper – it was an onion pie. On the Saturday morning after Christmas he came to me in the barn a little past seven in the morning. He appeared very low, and said he had been very ill, eating that onion pie. I saw him vomit over the soil board into the barn – that was soon after he came to work. I told him he was not fit for work, he had better go home. I saw him again on the Sunday in his garden, but did not speak. On Monday he came to work again and he continued at work all that week; he seemed to have recovered his health. On Monday, 5th January, we went to work together. He did not seem so well again and complained of his inside. He said nothing as to the cause of his illness. He continued at work up to five o’clock; he complained of wind in his stomach; he said nothing then about the onion pie. On morning of Tuesday, the 6th, I went to work by myself. On my road I passed French’s house. I gave him a call, as I was in the habit of doing. The prisoner put her head out of the window, and said her husband had been ill all night, and could not go to work. Deceased did not come to work that day. I never afterwards saw him alive. On the night of Wednesday Mrs. French came to my house and brought a flour bag; she then said her husband was better. The same night I was called up and went to deceased’s house. I went upstairs and saw him laid dead in bed.
Cross-examined – Had not known French ill for a twelve month before he complained of the onion pie. He frequently complained after that.
By the Judge – He said onion pie interrupted his inside.
Nimrod John Willis, examined by Mr. Creasy – I am assistant to Mr. Holman, surgeon, of East Hoathly. I was sent for about two o’clock on the morning of Thursday, the 8th, to deceased’s house. I found him dead. I asked what had been the symptoms. She said he had been ill for some days, and had taken a fit. I asked if he died suddenly? She said of “Sickness and faintness.” She also said he had had fainting fits. I expressed my astonishment she had not sent for a doctor. She said he had been ill before and had got better, and that he wished her not to send. I had seen deceased about a week before Christmas Day. He complained of nausea, and pains in the head and stomach; I should not call the deceased a strong man; he did not look strong and hearty. When I saw the prisoner on Wednesday morning, she appeared to be in great grief.
Henry Holman, surgeon, East Hoathly, examined by Mr. Johnson – I first saw the body of deceased at cottage where he was resided, on the 10th Jan. The inquest was at the Gun Inn, which is a few minutes walk from the cottage. I could not, from external appearance, discover the cause of death. There was a slight discoloration on each side of the groin, I then made a post mortem examination. On opening the cavity of the abdomen I first looked for traces of hernia (rupture); there was none. I proceeded to examine the state of the intestines. In the small intestines, I discovered about six inches to be in a state of intro-susception and of a chocolate colour, and in an incipient stage of hernia. I did not suspect at that time deceased had come unfairly by his death. I examined only slightly the contents of his stomach, believing I had found the cause of death in the intro-susception. I did not examine the contents of the intestines. I have since had reason to change my opinion as to the cause of death. A verdict was returned of “Died from natural causes.” I made a second post mortem examination of the body (which had been exhumed), in the belfry of the parish church. I made a more minute examination of the stomach, the contents had drained away; the mucous coat was inflamed with red patches – the heart, lungs, and brain, healthy. I took the stomach and intestines to Professor Taylor for analyzation. From what I have seen I believe death to have been produced by arsenic.
Cross-examined – If poison had not been found on the stomach, I should have said there was disease enough to cause death. I believe intro-susception was a sufficient cause of death. I would not take it upon myself to say that intro-susception did not cause death.
By Mr. Johnson – At the time I first saw the body, there was no external appearance to indicate hernia; in my judgement intro-susception was caused by arsenic, which has a tendency to cause violent muscular action.
Alfred Swaine Taylor examined by Mr. Creasy – I am professor of chemistry and medical jurisprudence in Guy’s Hospital. I have examined a stomach brought to me by Mr. Holman. The contents had drained away. There was nothing particular outside of the stomach; inside were appearances of stains and inflammation. I examined the stains and immediately concluded they were produced by arsenic. I saw no symptoms of desease in the stomach. I measured, in one portion nine square inches of yellow spots. Next day I examined the intestines through the whole length. The contents of the bowels were of a gruelly liquid kind. I saw no obstruction to the free passage of the faeces; the faeces and blood had passed into the large intestine.
By the Judge – There was no intro-susception to cause death. Intro-susception might be caused by violent spasmodic action. I examined that portion of the stomach described as of a yellow colour, and found a quantity of arsenic. I believe the arsenic had been taken as a powder. I found arsenic in parts not stained. The arsenic might have been taken in gruel or other liquid. I found arsenic absorbed in the substance of the stomach after it had been washed in water. That proves that arsenic had been absorbed into the system. I should say I found three grains in the stomach. I then made several analyses of the intestines and contents. I found arsenic in every part; not only in the contents but in the very substances of the bowels. That proved as he said before, it’s complete absorption into the whole system.
(The witness then explained the process by which the presence of arsenic was tested, and exhibited pieces of copper and copper gauze used in his experiments).
Examination resumed – I found in the intestines about eight grains; in all 11 grains. Three or four grains would destroy life; it would be impossible for a person to live after taking the quantity I have described. I have no doubt whatsoever as to death being caused by arsenic. The poison might have been administered in small doses given from time to time or in a larger quantity. The quantity I have described would produce death in 24 hours. Persons taking large doses exhibit a similar appearance within 24 hours; but small doses taken at different times would produce a similar effect. Small doses would produce nausea, sickness, and purging.
Cross-examined – Could not say from appearance that arsenic had been taken in small doses at different times. I have analysed the contents of several utensils sent up to me, but found no arsenic; the vessels were soiled as though they had contained articles of food.
By Mr. Creasy – Arsenic might have been washed out.
Elizabeth, wife of Wm Seal, examined by Mr. Johnson – I have known the deceased and prisoner at the bar some time. I saw her the Monday before the death of deceased, about 9 o’clock. I saw her in front of my house. We went to Horsebridge together. When we got to the cross-roads that lead to Hellingly church, she said she had been that road (the road leading to the church) “once too often.” I said, “Why?” And she replied, “When she was married.” I thought it was a joke. I said, I never repented of being married; I would follow my old man over the water, if he went. Hannah Russell and Kitty Funnell were with us. Kitty Funnell went with me to Hailsham. Hannah Russell remained with Mrs. French. I know Deadman’s house; we parted company a few steps from it. Prisoner said she was going to Deadman’s shop, and if she could not get what she wanted there, she would go to Hailsham. She did not say what she wanted. I did not see her again until after her husband’s death, on Wednesday night. On the Saturday after his death, I saw prisoner in her own house. We had some conversation; during which, I said, “Mrs. French, you have not had your husband long; do you recollect what you said to me at the cross roads. Have you been giving him poppy tea or anything of the kind?” She said she had not, and that was the truth. I said if Mr. Holman opened the body it would surely be found. She cried very much. On the same occasion she told me she was going to Deadman’s for a piece of ribbon.
Cross-examined – I never said a word to prisoner about going “that road once too often” before she spoke to me. I had heard of deceased being very sick previous to his death; the people in the village knew it too.
Hannah Russell examined by Mr. Creasy – I am eleven years of age. I knew Wm French and Mrs. French. I went with Mrs French to Horsebridge. Heard Mrs. French say at Cross road, she went to Hellingly Church to be married, and that she had been that road once too often. Mrs. French went into Mrs. Deadman’s shop. She went in quick and shut the door, and left me outside. When she came out we went to her sister’s. Witness described the dress worn by prisoner on that day. It agreed with description of previous witnesses.
Cross-examined – Did not hear Mrs. Seal say anything to Mrs. French at cross roads, about going that way once too often, either before or after she said it.
Re-examined – After leaving Deadman’s we went across the Broad.
Uriah Clarke, shop-keeper, on the Dicker – My shop is beside the turnpike road. I have known prisoner eight years. I saw her on the Monday or Tuesday before her husband’s death; she was in my shop; it was before 10 in the morning. She asked me whether I sold arsenic. There was no-one with her. There was no-one with me, except it was a little girl of my own, about ten years of age.
By the Judge – I told her I had no arsenic.
Hannah Russell recalled – We didn’t stop at Uriah Clarke’s on our way home.
John Piper, labourer, Hellingly, cross-examined by Mr. Johnson – Remember the day French died. I saw prisoner on the Horsebridge road the day before; it was between Clarke’s and Crowhurst’s. She was going towards Horsebridge. She was alone; she might be half a mile from Clarke’s – nearer to Clarke’s than Crowhurst’s. I asked her how her husband was, and she replied that he could go sometimes for a day or two, and then he couldn’t go.
Sarah Ann, wife of Henry Akehurst – Remembered meeting the prisoner the first Tuesday in the new year, (the 6th), on the road to Horsebridge. We conversed together. I noticed her dress (described). It agreed with the other description.
Naomi, wife of Owen Crowhurst, deposed – Recollect the prisoner coming up to my husband’s shop on the Monday or Tuesday the 5th or 6th of January. It was between ten and eleven. I am certain she is the same person. She asked for two-penny worth of arsenic. I told her first we hadn’t any. I then enquired what she wanted with it? She said they were over-run with mice. I asked her how she laid it. I think she said in lard. I told her I thought it was a dangerous way to do it. I told her anyone might take it for magnesia. She said she had one child – a poor afflicted little fellow. I supplied her with some white arsenic. I did not weigh it; there might be a teaspoonful and a half, or more. I wrote poison on and gave it to the prisoner. I said there had been a good many made off with with arsenic. She replied, “Oh has there” She paid me for the arsenic. I had not known the prisoner before. I am satisfied it was the prisoner. I saw her at the Gun, when she said she had never seen me before, and did not know where Mrs. Crowhurst lived.
Cross-examined – I have always been positive she was the person.
Mr. Rodwell – Have you ever hesitated?
Witness – I don’t understand.
Mr. Rodwell – Have you always believed her to be the woman you supplied with arsenic?
Witness – Yes.
Re-examined – Prisoner never went into the shop; she remained with my servant in the kitchen.
By the Judge – When I saw prisoner at the Gun she was in her widow’s weeds. I said then she was the woman. I was asked if I would like to see her in the same dress that I saw her in before? I said I should, as I was convinced it was the same woman. She was then dressed in a similar manner. I could not swear to the dress but it was my impression it was the same I had before seen her in. I believed it to be the same. Prisoner said at the inquest if I swore to her I should take a false oath.
Hannah Russell recalled – On the day I was with Mrs. French we did not call at Crowhurst’s.
Harriett Wilmshurst, servant to Mrs. Crowhurst, deposed – I remember the prisoner coming to Mr. Crowhurst’s house; I let her in the kitchen. She asked me for 2d of arsenic. Mistress answered her, and said she did not know where to find it. She asked the prisoner how she laid the arsenic? She said she laid it in lard, it was so dangerous to lay it in bread and butter; She laid it last thing at night, and took it away first thing in the morning. Saw Mrs. Crowhurst give prisoner a paper with something in, she wrote on the paper. Witness described the prisoner’s dress. It agreed mainly with the other descriptions, except as to the bonnet. Heard prisoner say at the Gun she was not the person who came to Mr. Crowhurst’s. She did not know where he lived. She also said that if Mrs. Crowhurst swore to her, she would be taking a false oath.
Re-examined – The bonnet produced by Inspector Dawes, at the Gun, was a very rusty black. I am sure she is the woman.
Cross-examined – I thought she wore a brown bonnet at first; I now think it was a black one. The bonnet produced at the inquest was a black one. I won’t say it was the same bonnet I saw her in; they were trimmed alike with blue ribbon and a yellow stripe.
Harriett Boniface, wife of Wm. Boniface, shepherd, Hellingly, deposed – My husband’s house is from a quarter to half a mile from Crowhurst, going towards the Dicker. I saw the prisoner at the bar on Tuesday, the 6th Jan, as I was hanging out clothes. It was between 10 and 12 in the forenoon. She was coming from Horsebridge towards the Dicker. There was no one with her. I saw her coming from the post house. We spoke to each other. She complained of her husband being ill. I said, what is the matter? She said she hardly knew; he was taken so dreadfully sick about eight o’clock, and had been vomiting all night. She also said, “I think he must die.” I said, it will be a bad job; but your little boy was ill last summer, and was restored to you again; perhaps your husband may. She said, she had been thinking of the same thing as she came along. She said, she was afraid to be alone. She went along the road to the Dicker. She had a brown Derry gown and a plaided shawl. I don’t recollect her bonnet. I am quite sure it was the prisoner.
Cross-examined – I will not swear the shawl the prisoner has now on is the same I saw on the day in question.
Re-examined – Sometimes, when a shawl is turned, it appears a small pattern on the other side.
(The trial was proceeding when we went to press).
01/03/2006 | Transcribed by Carol Harrison |
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