so.

Robert Ormsby was present at the prisoners, said, he would call the wreck; there was an alterca- but one witness. tion between John Fenton and Doctor Carter was at the duel; the deceased : John Fenton treat- he proposed an apology to Mr. ened to throw the deceased down Ferrall to be made by Major Hilthe rock ; Hillas was a great las; the apology he proposed was means of saving the crew : he for him to say, that “the expres. heard Fenton say, “G- dainn sion which he used relative to you ;" there were warm words Mr Fenton, were spoken in heat, on the subject of the wreck-he and not founded in fact, and he heard that the mate, on whom was sorry for them." This was the care of the vessel devolved, objected to. Doctor Carter then gave it up into Mr. Fenton's proposed to expunge the words charge, and he saw the writing “ not founded in fact," but Cap. by which it was conveyed to him; tain Ferrall would not suffer any he heard Mr. Fenton had remain- apology. Hillas was attended by ed all night upon a rock on the three men, all very competent to shore, endeavouring to give all advise him on such a subject; but the assistance in his power. He Captain Ferrall was particularly saw Major Hilla3 at Mr. Jones's house on the day before the duel, On being cross-examined, he and saw them preparing the pio- said, there was no written apotols, and Hillas practising at a logy required from Major Hillas; board, and firing: Hillas fired he did not know whether Mr. but a few shots only to try his Michael Fenton, the prisoner pistols.

Thomas's father, was skilled in Mr. Wynne was one of the ma- duelling; but he was quite sure gistrates who sat on the investi. that Mr. John Fenton, his second, gation of the salvage claims; Co- was quite inexperienced, and he lonel Irwin sat along with him ; believed Thomas never sent a Mr. Hillas remained all the time message before. of the investigation; he used very The case here closed on the warm expressions to Mr. Thomas part of the prisoners; and Judge Fenton ; he stated his own case, Fletcher proceeded to charge the and alleged that the mate was Jury: he said that he had an arunwarrantably taken out of his duous duty to discharge, but that hands by Mr. Thomas Fenton ; there was no exception in a case his words were very strong: he of this kind; and he was bound recollected his cuncluding by say-- to tell them, that where in a dwel ing, “ that the mate was taken, death ensues, it is murder-murhe might say, stolen from him ;” der as well in the principal as in the magistrates interrupted him: the second. Here one of the sehis belief was, that he meant to conds was the cousin, and the apply the expression to Mr.

expression to Mr. other (Mr. Ferrall), though not Thomas Fenton : as a magistrate indicted, was equally culpable. he wished to put a stop to the No matter whether the duel was proceeding

fair or fuul, usual or not; the Mr. Whitestone, counsel for law recognised no shades of dis. VOL. LVIII.

Y

tinction;

on

a

tinction; and he was obliged to had, perhaps, entangled himself tell them, that if two people went this subject more than he out with mortal weapons to fight, ought, but he had previously done and if a death ensue, it was mur- his duty, by informing them what der. It was his painful duty to the law was ; and he had in adtell them so ; but in such a case dition to tell them, that they could nothing could be innocent, unless find no intermediate verdict bewhere iwo men, wearing, as for- tween an acquittal or murder. merly, swords, had a sudden ren- The Jury retired, and in a few contre; if death ensued, it was only minutes returned a verdict ofmanslaughter; but even there, if Not Guilty as to both the pria previous message had been de

soners. livered, it was murder. As to Judge Fletcher then addressed the discussion whether this was a the young gentlemen in a very fair duel or not, it was for them, impressive admonitory address as having thus laid down the law to to the awful situation in which them, to consider. He had told they were placed, and ordered them, if they acted legally, how them to

them to be immediately dis- . they should find, but he could not charged. pretend to be ignorant of what his experience had taught him ; Lancaster Assizes, September and he must say, in the melan- Susannah Holroyd was put to the choly course of his professional bar, charged with three murders; experience, he had never seen less with the wilful murder of her deviation or corroboration in the husband, at Ashton-under-Line, witnesses, or less to incluce them by administering poison to bim to suppose that a fairer duel on the 15th day of April, of which was ever fought. On the part of he died on the 18th ; as also with the unfortunate deceased, there the murder of her own son, a boy even appeared to be sone attempt of eighi years of age, by the same at display; he made a speech be- means; and of Ann Newton, an fore the magistrates ; he made a infant of about 15 weeks old, by speech before the crowd there the same means, and on the same seemed even some stage-trick in occasion. his proceedings; and he could Mr. Cross, Counsel for the Lot help remarking it to them, prosecution, stated the law apthough he must at the same time plicable to this case to the jury, greatly regret that so very wor- and gave an outline of the evithy and excellent a young man,

dence by which the charge was as he appeared to be, had met supported. The deceased, Matwith so untimely an end. It was thew Holroyd, followed the trade proved, also, that the deceased of a weaver, and had the inisfornot only wore a black dress, but tune not to live on good terms had d: epared black sleeves to his with his wife, the prisoner at the waistcoat ; what effect black had bar, by whom he had three chilin such a case he did not know, dren, the last of whom was men. but it at least showed a purpose tioned in the present indictnient. on the part of the deceased. He The prisoner was in the habit of

nursing

was

nursing illegitimate children, one administer them, saying, it was of whom likewise she was now of no use, for “ her husband charged with murdering. About would die." After the death of a month before she exercised this the deceased, the prisoner was unrelenting cruelty, she had a taken into custody, and before very extraordinary conversation the Coroner made a full confeswith the mother of this infant, sion of the murder, which, as it who resided in the house with was signed by her, would be given her. She told Mary Newton that in evidence. There were two she had had her fortune read, and counts in the indictment respectthat in the course of one week, ing Matthew Holroyd : the first and within six weeks from the charged the prisoner with petty period on which she was speak- treason, in making an attempt on ing, three

funerals would go the life of her husband; the sefrom her door. One of the des- cond with administering poison, tined victims was her husband, of which he died. It was necesanother her son, and the third sary to have these two, as on one the child of the person to whom occasion, where the latter was she

addressing herself. omitted, and the former could She did not delay her purpose, not be proved, the Judge felt however, till the six weeks of himself obliged to direct the party the fortune-teller had expired; to be acquitted, though there was for in about a month afterwards no doubt that the deceased died she went to a chymist's shop and by poison. purchased an ounce and a half of John Taylor, a chymnist at Asharsenic, to fulfil the prophecy. ton-under-Line, proved, that he This happened on Saturday, the sold an ounce and a half of arse13th of April, or Easter-eve. nic (or mercury, as the common Next morning her husband had people call it) to the prisoner, for some coffee for his breakfast, and destroying rats and mice; that soon after became ill. To restore he refused at first to sell any, un. hiin, she prepared him some water less the prisoner would bring a gruel, and in it she mixed the neighbour along with her, to poison. The wretched man im- vouch for the purpose for which mediately felt that the gruel had it was to be applied; and that, an uncommon taste, and refused upon such attestation, he sold the at first to drink it ; but she urged quantity in question. him so strongly, by telling him Mary Newton had lodged with that “it was the last gruel shre ever the prisoner for ten or eleven would prepare him,” that he com- weeks previous to the murders, plied with her entreaties, not and hail her child, Ann Newton, knowing the enigma hid under about fifteen weeks old, in the these expressions. As he grew house with her. She remembered worse, she called in medical as- Matthew Holroyd becoming ill on sistance, the better to allay suspi- the 14th of April, and he comcion, and was entrusted by the plained of a fire or burning pain medical man with remedies to be in his stomach. His son sickened adwinistered; but she refused to about the same time. When his

Y 2

wife

wife gave him the gruel, the wit- herself, and told that every thing ness heard him say, Susy, you she said might be given in evihave put pepper in this gruel ;" dence against her on her trial. which she denied, and he per- The confession was read, and acsisted in declaring. She threat knowledged the murder in the ened him with cooking no more most unreserved manner. for him while he lived, if he did Thomas Ogden, a surgeon at not drink it. He died on the Ashton, was called at the inquisiFriday morning at six o'clock, tion taken on the body. He ex

, after a week of severe agony ; amined the stomach, which was and his son survived him only inrlamed nearly over its whole six hours. The child of the wit- extent, and in one place the inness, which was under the care flammation had amounted to ganof the prisoner when witness went grene. There was a quantity of out to work, died on the Tues- fluid on the stomach, which he day at six o'clock in the evening, analyzed, and in the analysis dewith violent retchings, convul- tected arsenic. He had no doubt sions, and vomiting, like the hus- that inflammation was the cause band and son of the prisoner of the death, and the arsenic the This witness recounted the story cause of the inflammation. of the fortune-telling, as stated The Judge summed up this eviabove. There were no rats or dence, which seemed very clear, mice in the house to justify the and the Jury returned a verdict purchase of arsenic.

of-Guilty. John Swindels, who practises The Judge immediately promedicine at Ashton-under-Line, nounced the awful sentence of deposed, that he was sent for by the law, that Susannah Holroyd, the prisoner to her husband ; that being convicted of so atrocious a he complained of violent pains in crime, should be hanged on Monthe stomach ; that he gave him day and her body given for disan emetic, which relieved him a section. The prisoner, who had little ; but that he gave over his continued during the whole of visits when the prisoner refused her trial apparently insensible to to administer his prescriptions. her awful situation, and had even

Jonathan Hague, clerk to Mr. heard the word guilty without beGibbon, an attorney at Ashton- traving any symptoms of emotion, under-Line, stated a confession seemed impressed with the sothat the prisoner made to him lemn formalities and moving adwhen in custody after her appre- dress that accompanied the delihension for the murders.

SO

dren (who are of course fre- him instantly, and seized him, quently neglected by their natural when he said, “I am not the guardians), she had murdered at man who fired it; don't take differ’nt times several infants, in

me."

Witness said, he was sure the same manner as she had lately he was the man. At this time done her husband and the two the prisoner had dropped the pistol. other victims of her unprovoked Witness had seen the wadding malice.

drop at the moment of the flash.

The prisoner was then secured, Old Bailey, Monday, April 8. taken out of the theatre, and -George Barnett was put to the searched. In his pocket was bar, standing charged with shoot- found a small block-tin case full ing a certain pistol loaded with of gunpowder. Witness did not powder and shot at Frances Maria stop longer, the crowd was Kelly on the 17th of February great. last, with intent her to kill and Cross-examined. The distance murder. The second count charg- from the prisoner to Miss Kelly. ed him with shooting at her with was very great. The prisoner intent to do her some bodily seemed much agitated. He went harm. There were two other quietly from the pit, and said counts, varying the charge ; and nothing. a fifth count, charging him in Mr. Birnie deposed that he like manner with shooting at Ed- took the depositions against the ward Knight.

prisoner. He put a question to Mr. Nathan Harris deposed, the prisoner : the answer that he is a jeweller. On the not taken in writing. Witness evening of the 17th of February, cautioned the prisoner against he was in the pit of Drury-lane saying any thing to criminate Theatre, about the eighth row. himself. Witness asked him how He saw the prisoner about two he came to fire a pistol in a pubrows before him, who stood up lic theatre. He said it was to during the performance of the make an alarm. Witness then farce. Miss Kelly and Mr. Knight asked him how he came to point were on the stage at the moment, it so. His answer was, embracing each other, in the cha- can explain.” He did not menracters of Nan and Joey, in the tion Miss Kelly's name, but her firce of The Merry Mourners. name had been mentioned, and After they had parted, Miss Kelly that of no other female. was retreating backwards towards Cross-examined. - Could not the stage-door, when witness forin any judgment of the priobserved the prisoner standing soner's sanity. There was a sort above all the people around him, of gloominess in his eyes. with his right hand pointing Mr. Rorer went to the theatre slanting towards the spot where to ascertain the direction of the Miss Kelly was standing. Wit- shot, and found marks of shot ness saw a Hash come from his (very small) on the lamps on the hani, and heard the report of a stage door, near which Miss Kelly pistol : witness reached across to had been standing. He found

was

i She

: