Saturday 09 Aug 1845 (p. 2, col. 4 – p. 3, col. 2) Part 3 CUMBERLAND ASSIZES. ----- CROWN COURT.—(Before Mr. Baron ROLFE.) KIRKANDREWS POISONING CASE. [continued] Joseph HIND (examined by Mr. LAWRIE)—I am the brother of the deceased, Mrs. GRAHAM. I remember going to see her in her last illness, on Monday, the 25th November, betwixt twelve and one o'clock in the afternoon. She was in bed, and complained of pain in her breast. I remained near ten minutes. I proposed that Dr. OLIVER should be sent for. The prisoner said SEWELL had been sent for. I thought Dr. OLIVER had better be sent for, as he had done her good before. Upon that he left the room, and said something to himself, but I did not get hold of what it was. I saw my sister again on Monday evening: she was still in bed, and said she was no better. I next saw her on Tuesday morning, near six o'clock in the morning. She was in bed. I was there on Tuesday evening when Dr. OLIVER arrived, between ten and eleven o'clock. He ordered a good fire to be kept on in the kitchen, and to have every thing in readiness. The prisoner was present at the time. The doctor said some person ought to sit up with Mrs. GRAHAM. I proposed that our servant girl and his own should sit up, and he refused to have any one to sit up. I said some one should, and he said he could wait on her himself as well as any woman he could get. We were like to differ about it, and my sister desired me to go home and let John have his own way. The prisoner's mother and sister both proposed to sit up with Mrs. GRAHAM, and he objected to that also. I next saw her on the Wednesday morning. By Mr. Wilkins— You well remember the time when John GRAHAM married your sister?—Yes. Did not your father lend him £200?—Yes, a good few years after. When were they married?—It will be fourteen years since in October. Supposing your sister died without children, was it not agreed he should pay back the £200 upon demand?—No, it was not. Has not the £200 been paid back since your sister's death?—Yes. Mr. WILKINS—That is all I ask him. JUDGE—When was this?—In April. John SEWELL (examined by Mr. TEMPLE)—I am a surgeon at Burgh, which is a mile and a half from Kirkandrews. I was sent for to attend Mrs. GRAHAM in her last illness, on Monday, the 25th of November, about noon. I found that she had great irritability of her stomach, with vomiting and purging. I prescribed a cordial and a stimulating mixture for her. I did not give it her, or see it given. The mixture was a liquid. I did not see her again till Tuesday morning, about nine or ten o'clock. She was worse and weaker—more exhausted. Her symptoms were vomiting and purging, and she complained of a slight pain in her stomach. She took an anodyne on Monday, but I did not see her after that till Tuesday morning. I staid two or three hours on Tuesday; nothing was given by my orders that I recollect of, unless it was sago. I had ordered her, on Monday, a compound of rhubarb powder: I wrote the prescription for it, and it was got from Carlisle. Dr. OLIVER was sent for on the Tuesday. I was there with him, and saw her take some tincture of opium in brandy. I saw her again on Wednesday about ten o'clock; I did not see her on the Tuesday evening, but Dr. OLIVER did. On the Wednesday she was weaker, more exhausted, and labouring under great debility. The appearances were such as would present themselves in any person who had taken arsenic, but at that time I had no suspicions of her having taken any. I have heard of the quantity of arsenic found in her stomach. Knowing that fact, and the symptoms, I have no doubt arsenic was the cause of her death. By Mr. WILKINS— You don't dispense your own medicines, do you?—Yes I do; but in this instance I did not. To whom did you send the prescription?—Mr. PATTINSON, Caldewgate. Is not that a very low part of the town?—It is. Does he carry on the business of a grocer as well as of a druggist?— Yes, I believe he does. Pray how long has he combined chemicals with treacle?—Many years, ten or twelve. Didn't he for some years carry on the trade of grocer alone?—-I am not aware. Would you not consider three drachms of magnesia, one drachm of powdered rhubard [sic], and one drachm of powdered ginger, a large dose?—Yes, if taken all at once; but I left directions that it should be taken a tea spoonful at a time. When did you prescribe that? On the Monday. When you went upon the Monday to attend Mrs. GRAHAM, did John not say he wanted to send for you sooner, but that his wife would not allow him?—I saw him on the Tuesday at Longburgh, and he expressed that to me. By Mr. TEMPLE—The wife was not present when he stated that, and he did not state it in her presence afterwards, that I am aware of. I did not order any of the rhubarb to be taken on the Tuesday; it was to be taken a tea spoonful twice a day. By Mr. WILKINS—There would be a great number of tea spoonfuls in that quantity. The prisoner fetched me himself on the Tuesday. Richard OLIVER, M.D. (examined by Mr. LAWRIE)—I am a physician now residing near Shrewsbury, and formerly practised in Carlisle. I knew the late Mrs. GRAHAM, of Kirkandrews. I remember being called to her on the 20th of November last. I met Mr. SEWELL on that occasion. I found Mrs. GRAHAM exceedingly exhausted, apparently from the previous irritation of the stomach and bowels. I saw the necessity for having recourse to stimulants, and prescribed brandy and opium. There was no prescription, but the brandy and opium were immediately given in my presence; there was urgent necessity for them. Mr. SEWELL was called away, and had to go to a great distance that evening; and I left with the understanding that if Mrs. GRAHAM became seriously worse I was to be sent for, and I arranged to let my visit be late unless sooner sent for. I received a message from the prisoner about ten o'clock to the effect that Mrs. GRAHAM was much easier, and I need not go that night. I did, however, go between ten and eleven o'clock. I found her certainly easier, but very low: not much different in that respect. I gave directions as to how she was to be attended and nursed; the arrangements were made before I left, in the presence of the prisoner, as to food and medicine. By Mr. WILKINS—She was to be kept very quiet. Witness—I ordered brandy, opium, and sago to be given. I was led to expect that there was a possibility of her recovery, although the chance was a very bad one. I next saw her on the Wednesday forenoon, on the following day, about ten o'clock, or between that and eleven. I found her very much worse. The symptoms were aggravated by depression and exhaustion; in fact she was dying then; she did die at seven o'clock. Knowing that a quantity of arsenic has been found in her body, the symptoms are such as would result from that case. Knowing the state of the body after examination, I am inclined to the opinion that the arsenic was taken in repeated dozes. I should be inclined to think, from the reaccession of the symptoms of irritation under which I found her labouring on Wednesday morning, that there had been a fresh dose given in the interval between Tuesday night and Wednesday morning. I saw her vomiting. By Mr. WILKINS— Was deceased's sister there on the Wednesday morning?—I think she was there both mornings. Is it not true she was considerably easier on the Wednesday morning?—There was no complaint of pain, but she was suffering. Supposing a fresh doze of arsenic had been administered between Tuesday night and Wednesday morning, would there not have been some complaint of pain?—I apprehend that would have been likely. May not the vomiting be accounted for by the previously irritated state of the stomach?—It was materially less on Tuesday night. Is it not extremely doubtful indeed whether any fresh doze was administered?—I consider it very doubtful, certainly. The prisoner fetched you himself, didn't he?—Yes. When?—On the Tuesday. Elizabeth GRAHAM (by Mr. TEMPLE)—I am the wife of Joseph GRAHAM, of Scaleby. I was in November last in the service of John GRAHAM. I have been separated from my husband, and went by my maiden name. There was no other female servant in the house, but two men servants, Benjamin MITCHELL and his son. I never saw John GRAHAM mixing bread and milk for his wife. On the Sunday before Mrs. GRAHAM died I remember her taking her dinner and tea that day. John was at home at dinner, and went away in the afternoon. I went to bed at nearly nine o'clock. My master had not returned. Benjamin MITCHELL went to bed about the same time. We left our mistress up. I did not see her prepare any milk and bread before we went, or see any preparations for any. When I was going to bed I heard the prisoner return. When I went to bed I saw no plates, or dishes, or basins, or spoons on the table. There was no pan left on the hob when I went. When I got up in the morning I found a small pan on the hob, and a basin with a spoon in it. My mistress was in the habit of taking bread and milk, and there had been an opportunity for her to prepare it herself after I went to bed before her husband returned. I heard her moving about before he came home. Next morning GRAHAM came out of his sleeping room and said Mrs. GRAHAM was very ill, and had had the worst night she had. A doctor was sent for,—I think it was at his request. By Mr. WILKINS— Do you remember what time it was when you went to bed?—Nearly nine o'clock. Did MITCHELL follow you?—I think we both went about one time, but am not positive. Your mistress generally prepared the bread and milk herself, didn't she?—Yes. Where did she get the milk?—In the dairy. Did you hear her go into the dairy?—I think I heard her go to the door of the dairy. Did your master come to you before you were up?—No. Where did he come to you on the Monday morning?—I was in the kitchen. At what time?— About six o'clock. Was there any portion of bread and milk left in the pan?—Yes, I could see some crumbs of bread, and the spoon was in the basin. Had your mistress been ill when you were in the house before?—She was poorly before, but I was away. When he came to you in the morning did you hear him give directions for a doctor to be sent for?—He told the men, but I did not hear him. On the Tuesday evening did you hear Mrs. GRAHAM say she would require no one to sit up with her, for her husband would lie beside her?—Yes, I heard her say so. Was Mrs. CANNELL there that evening?—Yes, that's John GRAHAM's sister, Ruth. Did you hear Mr. GRAHAM beg her to stop and attend to his wife?—Yes. You, MITCHELL, and his boy did sit up till midnight, did you not?—Yes, we sat up till twelve o'clock. Mary BECKTON—(by Mr. LAWRIE)—I am the servant of Mrs. HIND, of Kirkandrews. I was sent to sit up with Mrs. GRAHAM on Tuesday night, the 26th of November. I saw Mr. GRAHAM, Betsy ROBINSON, and Benjamin MITCHELL. I offered to sit up, but he said I need not stay. Mr. WILKINS put no question to this witness. [to be continued]