Saturday 09 Aug 1845 (p. 2, col. 4 - p. 3, col. 2) Part 4 CUMBERLAND ASSIZES. ----- CROWN COURT.-(Before Mr. Baron ROLFE.) KIRKANDREWS POISONING CASE. [continued] Benjamin MITCHELL-(By Mr. TEMPLE)-I was the servant of John GRAHAM, at the time of Mrs. GRAHAM's death. I had lived with him about two years and a quarter. On the Sunday before Mrs. GRAHAM died I was at home in the evening, betwixt seven and eight o'clock. Mrs. GRAHAM had been rather off health, but on that evening when I came home she was as usual. My master was out. I went to bed before he came home. I and Betsey ROBINSON went to bed within a few minutes of each other-she went first. I saw my mistress, before I went to bed, put some milk into a pan and then some bread. Just as she was doing that I went to bed. I sleep above the kitchen. I heard the prisoner come in a very few minutes after I went to bed. After he came in I heard her say "John you've never any time to spare for my company, but all will work over." When I first went to Mr. GRAHAM he and his wife were on very good terms. Margaret RICKERBY was living there when I went. At first her conduct and demeanour towards her mistress was very good, proper, and respectful. She left her service before my mistress died, at Martinmas, last year, and Betsey ROBINSON came in her place. Before she left, her conduct had changed. She frequently absented herself from the house in the evening; and upon occasions when she was absent John GRAHAM has been absent also. Upon those occasions I have heard his voice in Mary ELLIOT's house, which is about fifty yards from our fold gate. I have heard his voice more than once in that house. I have not seen her go into the house on those occasions when I heard his voice. I told John GRAHAM that people were talking about his going there. The house was blamed for clash:-sometimes people call it backbiting. I have seen alterations in the conduct of RICKERBY to Mrs. GRAHAM in the prisoner's presence; she has used language that did not become a servant. Sometimes he did and sometimes he did not reprove her for the language she used. When he reproved her he said "hold your tongue;" nothing more. I remember one Sunday when we had a goose to dinner. Mrs. GRAHAM had been at church that morning, and Margaret RICKERBY remained at home. We all sat down to dinner, John GRAHAM with the rest. Mrs. GRAHAM said to RICKERBY, "Margaret, I think you have pinched us of gravy-is there no more?" RICKERBY went and provided some more, and when she brought it back John GRAHAM was still sitting at the table: she set it down and said "damn her that'll grease her guts," and she told her mistress on the same day that she had no more religion than an old sow. After this language Mrs. GRAHAM removed her plate from the table, and went into another room and had her dinner. She was very nervous at the time, all of a shake; the words had put her out of the way. John GRAHAM remained and finished his dinner with me, Margaret RICKERBY, and another servant, William RICHARDSON, who left at Martinmas. Whilst we were at table, RICKERBY said to Mrs. GRAHAM that she was a laughing-stock to the whole village. Mrs. GRAHAM was in the other room then, but John GRAHAM heard it. During the dinner John GRAHAM said "hold your tongue," and she said "no I'll not hold my tongue, she is a laughing stock to the whole village." I told him she behaved very badly to her mistress and he said she had a very bad tongue. I remember Carlisle races. When John came home to supper RICKERBY came in, and John told her to get herself some supper. She said she would never break her fast in the house again, because the mistress, had removed the things from the table. The prisoner asked her what she meant by taking the things off the table. Mrs. GRAHAM said she had removed nothing-there was nothing to remove but a pot. I went to bed, and did not hear any more. I first observed this sort of conduct on the part of RICKERBY towards her mistress sometime before midsummer. During the Autumn, and up to the time of my mistress's death the prisoner was absent sometimes in the evenings, and Margaret RICKERBY was absent also. Nine o'clock was bed time. Sometimes they came home before and sometimes after nine. I have sometimes gone to bed and left both out, but my mistress up. I saw RICKERBY, after she left my mistress, at Candlemas hiring; I saw John GRAHAM go across the street where she was standing and crack his fingers [witness cracked his finger and thumb.] She crossed over to him, and they went together into Lowther street. Up to the Autumn RICKERBY's conduct had always been very good to her mistress. By Mr. WILKINS-How are you hired?-For one half year. Is'nt that the unversal [sic] way of hiring servants?-Yes. Don't you know Mr. GRAHAM is rather deaf?-Yes. Wasn't he a very quiet man?-Yes. Expressed a great dislike to noise or disturbance?-Yes. John BARNFATHER, (by Mr. LAURIE)-I know Margaret RICKERBY. I pointed her out to Janet KENNEDY and Jane IRVING, at the inquest. By Mr. WILKINS. Did'nt they say they did not believe she was the woman? IRVING did. Did'nt the other say all she could say was that the clothes were like?-Yes. Jane IRVING (by Mr. LAURIE)-I am a servant of Mrs. MARTIN's, of the Angel Inn, and have been there three months. I know the prisoner. I remember him coming to our house four times, I think. Ha came alone first and then a female came after him. He generally got some refreshment. He went into a private room upstairs sometimes. The female came about three times, and enquired for him. She was shown up to him. I remember a person being pointed out to me by BARNFATHER. She was very like the person, but when RICKERBY came to our house, I did not see her well, she always held her head down. When RICKERBY was pointed out, she was very much altered for the worse; she was not so fresh coloured as when she came to see the prisoner, and she was thinner. I noticed the dress; it was the same colour. By Mr. WILKINS- That is she was the same but different?-She was stout and fresh-coloured. The person you saw afterwards was thin and pale?-Yes. You are at the Angel?-Yes. Have they your portrait over the door?-Yes. (Witness laughed.) But she was different?-She was faded. Well I suppose female beauty must fade as well as male. Is the Angel well accustomed?-Yes. And respectable?-Yes. Mr. WILKIN-That'll do. Janet KENNEDY, waiter the Grapes-I saw John GRAHAM come to our house in April last, and a woman was with him. They went into a public room and had tea together. They staid all night. John GRAHAM asked if they could have a double-bedded room. It was refused. I showed them both to bed. I showed the woman to bed first. I showed John GRAHAM his bedroom, No. 3. In the morning nobody had slept there; he had slept in No. 6. I had not shown him into it, and it was not the woman's room. I am sure I showed him into No. 3. BARNFATHER pointed out RICKERBY to me; she is the same height, and had the same gown on. By Mr. WILKINS- Yours' is very respectable and well-accustomed house?-Yes. A great many people come to it?-Yes. Sarah SAUL-I keep the Crown Inn, at Haltwhistle, and know the prisoner. I know Margaret RICKERBY by sight. I remember the prisoner coming to our house with her on the 8th of May. They came at half-past nine in the morning, and remained three hours. They had breakfast, and went away at the same time. By Mr. WILKINS- My inn is very respectable-the second in Haltwhistle. Walker SWAN-I am a chemist and druggist at Newcastle. I remember in the course of last year a person coming to purchase arsenic at my shop. JUDGE-When?-I can't speak as to time; I think it was between August and October. Witness-He enquired for the article. Have you seen any person in the gaol of Carlisle?-Yes, I have seen a person. There is a powerful resemblance between the person who came and the prisoner at the bar. JUDGE-You think he is the person. Witness-To the best of my belief. He said he wanted to poison rats on board a vessel at Shields. He was not dressed like a sea-faring man. He got the arsenic. I made hesitation in giving it him, and he said he was not tired of his life; he was going to make no improper use of it. He got either six or eight ounces;-I am not positive about the quantity. It was the common white arsenic; the oxide of arsenic. He went away with it. It was labelled. We have two labels, and it would be either "Poison," or "Arsenic-Poison." I remember Mr. SABBAGE coming to me. I described the person who had bought it, in the first instance. When GRAHAM was first shown to me on the 20th of June in the Carlisle gaol, there were three or four persons with him at the time; they were shown that I might select any person who was like the man who bought the arsenic. I selected the prisoner as being the person most like. By Mr. WILKINS- Most like the description the constable had given you, you mean?-No. Did he describe him to you before he came to Carlisle?-Yes. When you saw the prisoner did you not state he was taller and stouter than the man who called?- Yes, that was my impression. Did you understand from what the man said that he was a sea-faring man?-No, I thought he might be connected with shipping. Had you any recollection of that transaction before your son reminded you of it?-No, I had not. Was the arsenic which you sold very finely powdered?-It had the appearance of being fine, but it feels gritty. So would cream of tartar, I take it?-It was a finer powder. Does it not feel gritty under the knife?-Yes. Still it is a fine powder?-Yes. You can't even describe the dress of the man who came to you at Newcastle?-No. By Mr. TEMPLE-My impression was that the prisoner was taller and stouter. My shop is low, and objects appear larger on that account. William Wilkinson SWAN-I am son of the last witness. I remember, in the course of last year, a person coming to purchase arsenic from my father. I can't remember at what time of the year it was. It was between July and October. He got the arsenic. The prisoner at the bar resembles the person who purchased it more than any other person. I believe him to be the same person. By Mr. WILKINS- You believe him to be the same person?-Yes, or a person very much like him. How old are you?-Sixteen. Were you not asked by SABBAGE if the man had red whiskers?-Yes, and I said I din'nt know. When you saw Mr. GRAHAM, didn't you say you believed Mr. GRAHAM was a taller and stouter man than the man in the shop?-No, I said I though [sic] the man in the shop was taller and stouter than Mr. GRAHAM. When you went into the gaol yard there were two or three other persons with the prisoner, were there?-Yes. But it so happened that he was the only man who had red whiskers?-Yes. In point of fact do you not think the resemblance very doubtful?-He resembles him more than any other man; I know by his general appearance. The arsenic was in fine powder?-Yes. By Mr. TEMPLE-It was the commercial arsenic. Walker SWAN, re-called- By Mr. TEMPLE-Did you give to Dr. TINNISWOOD a portion of arsenic similar to that you had sold the man?-It was a sample of the same kind. Mr. WILKIN-Then I must request Dr. TINNISWOOD to leave the court. (He retired.) W. SWAN, re-called-I delivered it to Mr. ELLIOT. Thomas ELLIOT-I got a sample of arsenic from Mr. SWAN. It was similar to that found in the body. In the bottle it appears a white powder, and was gritty when taken between the fingers. Mr. WILKINS-What was the crystal you found about the size of a raisin stone?-It was arsenic. Were there any as large in the stomach, or bowels?-No. Surely you would not say that the commercial arsenic would be likely to contain crystal so large as that?-I am just taking the fact. Is not arsenic as fine as cream of tartar?-It may be made so, I have no doubt. That we use in our surgery is large. [to be continued]