Saturday 09 Aug 1845 (p. 2, col. 1-4) Part 2 SECOND EDITION. ----- TRIAL OF JOHN GRAHAM, FOR THE ALLEDGED MURDER OF HIS FATHER. ----- JOURNAL OFFICE, Friday, August 8, Six o'Clock. [continued] Mrs. GRAHAM, re-called. By the JUDGE—In February my son vomited. He often went to Newcastle. By Mr. WILKINS—He has visited us much more frequently since he let his farm than before. Margaret ROBSON, housekeeper to John BESWICK, of Kirkandrews, with whom the prisoner lodged—I remember him going to Newcastle on the 15th of May. I never heard he was going till the morning. He came in perhaps rather better than half an hour before our dinner time, twelve o'clock, and said he wanted some clothes to go to Newcastle, and he changed them. Before he changed he had some clothes he wore about home. He put on a better suit. I have only been living at Kirkandrews since Candlemas. I can't say I would know the clothes he put off if I saw them. SABBAGE, the constable, came and I gave him some clothes which I took to be the prisoner's. By the JUDGE—I had seen the prisoner wear them at times. Cross-examined by Mr. WILKINS—He left the clothes about the room, and I put them by. Re-examined—I think those clothes were the same I gave to SABBAGE. John SABBAGE repeated his evidence as to the apprehension of the prisoner. On the 12th of July MITCHELL gave me a waistcoat which he said he had taken from a nail. I gave it to Dr. TINNISWOOD. I took nothing out of the pockets. There were no more clothes in the bed-room where the prisoner slept but those I took away; but there were some in a bedroom upstairs. I produce the clothes. Benjamin MITCHELL—I saw what clothes the prisoner had on before he went to Newcastle, to the best of my knowledge. I have no doubt in my mind that he had these clothes on that morning. By Mr. WILKINS—I was going to plough. I saw him go down the road about eight o'clock, towards ELLIOTT's house; they were shifting. I passed him, but did not stop. I was within three or four yards of him. I did not take particular notice. I saw him the same day afterwards, and he had changed his clothes; and that is my reason for supposing he had the other clothes on. By Mr. TEMPLE—I have no doubt I saw him have them on. Dr. TINNISWOOD, M.D.—On the 14th of July I got from SABBAGE a waistcoat. I examined the contents of the three pockets, which I examined with three other gentlemen. In all these pockets there was arsenic, but a very small quantity. Elizabeth NIXON—I live at Grinsdale, and live one hundred yards from Mrs. GRAHAM. On the Thursday previous to Mr. GRAHAM's death my daughter took Mrs. GRAHAM some yeast. Mrs. GRAHAM said she had had none. She took it about half-past six. I used the remainder of the yeast for our own family. No harm came of it. I baked half a dozen tea cakes in the afternoon. She brought them herself. I did not put anything to them when they were with me. She got them in the back yard. I was not absent from the house whilst the cakes were in the oven, and no one came near them. Sarah NIXON—I made our yeast which I took to Mrs. GRAHAM. No one had an opportunity of meddling with it. I took the baked cakes back to Mrs. GRAHAM. The portion of cake exhibited before the coroner was similar to those baked. By Mr. WILKINS—The yeast is made of water, hops, and flour. I got the flour from Mr. HAUGH, of Holmes Mill. Mary NIXON is my aunt. She lived about forty yards from Mr. GRAHAM, in July. I never heard that she was troubled with rats. By the JUDGE—There was nothing in my yeast that there was not in hers. Jane THOMPSON—I was living with Sibson GRAHAM in May. I remember going to Mrs. GRAHAM's for some potherbs on the day Mr. GRAHAM took ill. I went into the back kitchen and found Mrs. GRAHAM there. She went out to get them. She went out to get the herbs, and I remained in the back kitchen. After I had returned and got the herbs, I went away to the back door and met the prisoner. Whilst I was in the back kitchen and Mrs. GRAHAM in the garden no one came in the back kitchen at all. On the Monday following I was sent to Mrs. GRAHAM's by Sibson GRAHAM and got a cake for him. I ate a small piece of it. I was very sick half an hour afterwards. Esther HOWNAM told me where to get the cake. Esther STEWART, another servant at the house, also ate of the cake, and was sick. My sickness continued till midnight. The yeasted cake tested by the medical men was then traced into the possession of Mr. ELLIOT, surgeon, by W. CANNELL, and W. CARRICK, coroner. The voluntary statement of the prisoner, before the coroner, at the inquest, was then put in. W. CARRICK— By Mr. WILKINS—I examined the prisoner. The statement is a series of answers to questions, asked at his request, when he declined to make a statement himself, and was told he was not bound to answer any questions. By Mr. TEMPLE—No one was criminated then. The statement was put in and read. Sibson GRAHAM, brother of the prisoner—I live at Grinsdale. I remember seeing my brother on the 15th of May. I met him on the road about nine o'clock. He was coming towards Grinsdale, and I came on with him to near that place. We got there about ten o'clock. I then left him; and he came to my house about twelve o'clock, and remained about twenty minutes, and then went in the direction to Kirkandrews. I don't recollect what clothes he was wearing. John DAVIDSON—I live near Carlisle. I saw the prisoner on the 15th of May. I walked down the road with him, about noon. He told me he was going a little journey—that he was going to Newcastle first, and would probably see London before he returned. Nathaniel WEDDELL—On the Thursday before old John GRAHAM's death, the prisoner went in the train, of which I was guard, to Newcastle. I saw him again on the Saturday, coming towards the Newcastle station. He had his top-coat on, and carried a carpet bag. I asked him if he was going home: he said no, he was going to stay with Mrs. ORD over Sunday. While we were speaking, Mr. Thomas WRIGHT joined us, and we all went into a public-house. While we were there, the prisoner chatted with WRIGHT, and said he was going to London, and thought he would be residing there, but would be down again before he settled altogether—probably about the middle of June. WRIGHT looked his watch, and it wanted twenty minutes to eight, and WRIGHT said he must be off. GRAHAM and I sat chatting for three or four minutes, and then I accompanied him to near the place where I met him—in the direction of the train. When I parted with him, it would want a quarter to eight; and he might have gone round by where Mrs. ORD lives to catch the train. He would have to go round about a quarter of a mile. Bryan BURN—I am a guard on the Newcastle and Carlisle Railway, and keep an inn at Newcastle. I found the prisoner at my house on Tuesday evening, the 15th May, and he remained there till about seven o'clock on Saturday evening. I was not at Carlisle that week. On the Friday evening after his arrival, he asked me, when I came in, if there was anything new from Carlisle, and I said no—not telling him that I had not been at Carlisle. He went out, saying he was going to the circus. On the Saturday evening I saw him again a little before six o'clock, and he again asked me if there was anything new from Carlisle, and I said no. It struck me as if something was pressing heavy on his mind—he seemed very unsettled. On the Monday afternoon I brought the news of the illness of GRAHAM's father from Carlisle to the station at Haltwhistle about quarter past three. I told the station keeper there. The prisoner was there, but I did not speak to him. He was getting into the train for Haydon Bridge, and when the station keeper told him about his father he got out again. John SIBBALD—I am a druggist in Carlisle. I met the prisoner at the Carlisle Railway Station on the 15th of May last, and travelled with him to Newcastle. He told me he was going to visit some friends there. We slept in the same room that night at Bryan BURNS'. About eight o'clock in the evening I found him in bed, and he said he was unwell. Thomas PROCTOR—I live in Gateshead. On the Saturday previous to his father's death, the prisoner called at my shop in Newcastle. I had known him intimately for a long time. He remained with me less than five minutes. I asked him if he intended calling at my house in Gateshead, and he said he would if he had time before he went away. I inquired if he was going away that night: and he said he did not know. Examined by Mr. WILKINS—Mrs. PROCTOR has occasionally visited Mrs. GRAHAM, the mother of the deceased. We are slightly related. I remember John GRAHAM's marriage. He and his wife paid their marriage visit to the mother of Mrs. ORD, in Newcastle. William ORD—I am a wine merchant at Newcastle. On the 17th of May the prisoner called on me at my office. I had only seen him once before. He said he had called at my house but no one was in. I asked him to step in: but he said he could not stay, as he was going by the London train. He only remained two or three minutes with me. This was between twelve and one o'clock. Mark CARR—On Sunday, the 18th May last, the prisoner came to our station at Haltwhistle, a little fter [sic] ten o'clock. He inquired if the train was gone east; and I told him it was. He then asked the fare to Rosehill Station, which is west, and I told him. He then went away, and came next morning about nine o'clock, and again inquired if the train had gone east. The train was then coming up from the east, and going west. He came back again about eleven o'clock, and I asked him if he was going by the train, and he said he was not—that he expected to meet a person by the train. When the train came in from the west, he asked if there was any person getting off. I said no, and he went away. He returned again between two and three o'clock, bringing his carpet bag with him. Mrs. SAUL, innkeeper, at Haltwhistle—The prisoner came to my house on the 17th May, at a little past ten at night, and remained all night. He rose next morning about eight, and after breakfast he went out, and then came in again in a quarter of an hour, and then went out, saying he was going to Haydon Bridge. That is nine miles west. He returned to my house in about an hour, saying he had missed the train. He was in and out of the house during the remainder of the day. He seemed a little dull, and had no company. On the monday morning he again said he was going to Haydon Bridge, and went out between eight and nine o'clock. He returned in about half an hour, but said nothing. During the day, he was never more than half an hour absent from the house. He left in the afternoon. He did not appear to have any business. When the train from Carlisle arrived, he remained in the office, and enquired if any person was getting off the train—and a person in the office said a gentleman had got off. He looked out of the window, and then took a ticket for Haydon Bridge, and went into the carriage. I told him, at Bryan BURN's request, that his father was ill, and he was to go home immediately. He then left the train, and spoke to Bryan BURN. He then went out; and afterwards came to me and asked if Bryan BURN had told me anything more than he told him; and if I thought his father was dead. I told him I did not know. William WEIR—I was coming to Carlisle, by the railway, on Thursday, the 17th of June. I got in at Wetheral, four miles from Carlisle, and found the prisoner in the train. He inquired what time I came from Carlisle, and if there was anything particular. I said there was something very particular—that his father and mother were poisoned. He seemed very much excited. I inquired when he left home, and he said on Thursday. I then said your father and mother were poisoned the same night; he seemed more excited after that. When the train stopped close to the station, I walked to Carlisle, and John GRAHAM went to the Railway Hotel: I saw him standing upon the steps of the front door. This was about half-past five in the afternoon. Robt. WHITFIELD, druggist, Carlisle—I was at the Black Swan with the prisoner on the Monday evening of his father's illness about six o'clock. The Black Swan is a mile from the station; he had a glass of whiskey, and then left in about ten minutes, to see his sister, Mrs. CANNELL. He came in again in about a quarter of an hour, and ultimately left about seven o'clock. While he was in the conversation turned on the death of his father. I remember saying it was supposed he had been poisoned. The prisoner said he had called on Mr. ANDERSON in coming to the station, and he had very much relieved his mind. Mr. SCOTT gave the order for the gig. I did not hear Mr. GRAHAM ask for it. Walker SWAN and his son gave the same evidence as yesterday, with respect to the sale of arsenic to a person resembling the prisoner. The son said the prisoner strongly resembled the person who purchased the poison. Joseph HAUGH repeated the evidence given yesterday respecting the apprehension of the prisoner, and his enquiries as to whether any of the Police Officers had been to Newcastle. Peter MURPHY repeated the expressions made use of by the prisoner in his cell, that "it is three weeks since this happened, I might have been in America." John SAUL—I am a solicitor in Carlisle. In the autumn of last year I applied to the prisoner on behalf of Mr. HEAD, banker, for a sum of money—about £150. I applied several times between September and the following January; three or four times at least. There was a balance also upon another account of £15; the £150 was his being surety for another party, who had been a defaulter. In the beginning of May he paid me £150; £15 remains due. Silas SAUL—I produce a writ of fi. fa. dated 6th December, 1844. The bailiff took possession of his house, and I was paid on the 10th. Richard JAMES, M. D.—The flour and butter given to us by HAUGH were analysed; neither of those articles contained arsenic. Joseph HAUGH—I gave Dr. JAMES the flour and butter given to me by Mrs. GRAHAM on the 22d May. Ruth GRAHAM—I gave some flour and butter to HAUGH; it was the flour and butter of which the cakes were made. By Mr. WILKIN—Whenever my son applied to his father he got it. His father gave him £200 to pay Mr. HIND with after his wife's death. He kept seven or eight cows after he gave up farming to commence business again. This was the case for the prosecution. Mr. WILKINS then addressed the Jury for the prisoner, in a long and powerful speech. Evidence was called to show the respectability of the prisoner's character. His Lordship then proceeded to sum up the case, which he did with great care and minuteness. The Jury then retired, for about 15 minutes, and on their return into Court returned a verdict of NOT GUILTY.