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hand a little up and down ; Jones put his pistol in his hand, and stood opposite Hillas, they each shoved him round; Fenton got
his pistol before Hillas, because On his cross-examination he Captain Ferrall was a lame man, said, that he is connected by bloud infirm, and between 70 and 80 and marriage with the deceased; years old ; Hillas declared he had Captain Ferrall was friend to Hila no animosity; Fenton might have las; there was no better judge of heard him, as he was within seren the laws of honour'; believes Fer- or eight yards of him ; John Fenrail tossed up for the choice of ton was behind him first, and the ground, and won it; Hillas then he shifted before him ; he was dressed in black; when he heard no word given ; but supthrew off his frock, he had on a poses Ferrall gave it, as he won black waistcoat with black sleeves the toss,“ as we call it." John to it; he saw Hillas at Captain Fenton remained in front of Sorlen's house shortly before the Thomas about a minute. Witduel, and askeil was it possible ness was much agitated; he does for any friend to bring about a not think there was half a second reconciliation? Hillas said not, between the shots ; could not say and that he would not make any how soon Thomas fired after John apology while his heart beat in went from before him. his bosom ; he heard that before On being cross-examined, he the duel he said he would insult said he was an advising friend to either Thomas Fenton or one of Hillas, so was Mr. Taaffe ; Cap. his family; there was such a re- tain Ferrall was his acting friend; port in the country, but he did they were all practitioners. When not hear him say so.
Fenton squared him-elf, he made Loftus Jones, esq.-He was Hillas square himself also; after present when a message was de- the message, Hillas was in witlive ed to Ilillas by John Fenton ness's house : he made arrangein the name of Thomas. The ments for the duel there: he premessage was to fight a duel; he pared his pistols there: tried was present at the duel; he them : there was a vast number was not on the ground exactly of shots fired: Hillas fired two when Fenton arrived; he was shots out of witness's pistols at a walking with Hillas; not sure tree, as a mark: he was dressed who was first there, but he ac- in black on the ground, and had companied Hillas; he was 15 or black sleeves put on his waistcoat 16 yards from the Fentons ; he after the inessage was delivered, saw the ground measured, and no doubt with a view to the duel. stepped out the vine paces him- John Armstrong was on the self, at Captain Ferrall's request, ground, and described the transwho was lane; he saw them both action in a manner similar to the take their ground; Fenton was preceding winess. We believed on his ground about a inicute it to be the duty of a friend to before Iiillas took his; he had square his friend on the ground, his eye on Fenton ;
so as to place him as advantagesquaring himself to fight; John ously as possible-John Fenton Fenton was with his friend, and did nothing more to his friend.
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, 'SG-d damn 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, ohjected to. Doctor Carter then gave it up into Mr. Fenton's proposed to expunge the words charge, and he saw the writing 's not founded in fact," but Cap. hy which it wils conveyed to him; tain Ferrall would not suffer any he hea: d Mr. Fenton had remain- apology. Hillas was attended by ed all night upon a rork on the three men, ali very competent to shore, endeavouring to give all advise him on such a subject; but the assistance in his power. He Caprain Ferralt was particularly saw Major Hillas 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: Hiilas fired he did not know whether Mr. but a few shots only to try his Michael Fentun, the prisoner pistols.
Thomas's father, was skilleil in Mr. Wynne was one of the ma- duelling; but he was quite gure gistrates who sat on the investi. that Mr. John Fento: , his secund, gation of the salvage claims; Co
was quite inexprienced, ane he Lunel Irwin sat along with him ; believed Thor.as never sent å Mr. Hillas remained all the time messay'e 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 himn;" 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. Other (Mr. Ferrall), though not Thomas Fenton : as a magistrate indicted, was equally culpable. he wished to put a stop to the No inatter whether the duel was proceeiling
fair or fvul, usual or not; the Mr. Whitestone, counsel for luw recognised no shades of dis. VOL. LVIII.
tinction; and he was obliged to had, perhaps, entangled himself tell them, that if two people went on 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 two 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 of manslaughter; but even there, if Not Guilty as to both the pria previous message had been delivered, 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 disthey 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 induce 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 some attempt of eight 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 not 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 misfornot only wore a black dress, but tune not to live on good terms had prepared 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 indictment. on the part of the deceased. He The prisoner was in the habit of
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 chymist 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, unhim, 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 she ever the prisoner for ten or eleven would prepare him," that he com- weeks previous to the murders, plied with her entreaties, not and had 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 administered ; but she refused to about the same time. When his
wife gave him the gruel, the wit- herself, and told that every thing ness heard hinı say, Susy, you she sa:d 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 exafter a week of severe agony ; anined 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- Auid 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 recount:d 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, nice 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 senience of deposed, that he was sent for by the law, that Susannah Holroyd, the prisoner to her husband ; that being convicted of su 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 litile; 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 hail even
Jonathan Hague, clerk to Mr. heard the word guilty without beGibbon, an attorney at Ashton- traying 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.
very of her sentence. The symSamuel Newton, a constable, pathy of the numerous crowd that presented to the Court the con- attended this trial was powerfully fession of the prisoner before the turned against the prisoner, not Coroner, stating, that no threat, only from the natural horror felt promise, or allurement was held at the crime for which she was out to her to induce her to make doomed to suffer, lout from a very it; but that, on the contrary, general belief that,. in her occushe was warned not to criminate pation of nursing illegitimate chil