Saturday 09 Aug 1845 (p. 2, col. 4 - p. 3, col. 2) Part 5 CUMBERLAND ASSIZES. ----- CROWN COURT.-(Before Mr. Baron ROLFE.) KIRKANDREWS POISONING CASE. [continued] Thos. WRIGHT-I live at High Crosby. I went to Newcastle in October last. I saw John GRAHAM there on the 22nd of that month. I met him on the street. He told me he had been at Darlington. I saw John DALTON, of Cummersdale, afterwards on the same day. I met the prisoner between ten and eleven o'clock. This witness was not cross examined. John DALTON-I live at Cummersdale Mill, near Carlisle. I was in Newcastle in October last, and saw Mr. WRIGHT there. I was there before and after that time but did not see the prisoner on either occasions. I saw him there on the 22nd of October. I first saw him at the Carlisle station. We both went in the same train to Newcastle, but not in the same carriage. By Mr. WILKINS- How long have you known Mr. GRAHAM?-A good many years. Hasn't he always stood very high in the county?-Always, previous to this. Have you not been engaged with him in transactions?-Yes, several times. He has been an arbitrator between landlord and tenant, has he not?-Yes. Walker SWAN, recalled by Mr. WILKINS.- Did you not go to London in October?-No. I did say so: but I found out that I made a mistake. When did you go?-I went on the 18th, and returned on the 22nd September. Have you not said that it was just before you went to London that the person purchased the arsenic?-I have. It was your impression?-Yes. By Mr. TEMPLE-I am not stating positively, I can only speak of my impression. JUDGE-What is your impression now? Witness-It still is that it was before I went to London. [At a quarter to three o'clock the Jury retired for a few minutes.] Jane HETHERINGTON, Kirkandrews-I am wife of Edward HETHERINGTON, Kirkandrews. I saw John GRAHAM on Sunday, the 8th of last June. I had seen him on the previous Thursday. He said he never could stand his wife being lifted, he would rather be shot than have her lifted and dissected. The Rev. T. DODGSON-I am curate of the parish of Beaumont, and know the prisoner. One Sunday evening, in the beginning of June, before his wife was taken up he sent for me, and I went to him. He said he had heard they were going to take up his wife and was very much distressed, he could never bear it. I said if he was innocent he need not be alarmed. He said it was more than he could bear, he should sink under it. I told him his wife's death ought to be enquired into. He did not make any reply. That was all that passed with reference to his wife's death. I saw him a week afterwards, on the following Sunday. I did not speak to him; he was insensible and very ill. He said he wished he was with those that were gone. By Mr. WILKINS- Was not the expression first made use of, that they were going to take up his poor Peggy?-Yes. That was on the first occasion?-Yes. Did he not say all his friends had forsaken him, and that he had never done harm to any one in his life?-Yes. Didn't he appear to be in great distress of mind?-Very great. Richard JAMES-I am a physician in Carlisle. John GRAHAM came to me a little after four o'clock on the morning of the 3rd of June. I was in bed, and he called me up. He asked me if his wife was going to be taken up that day, and I said I did not know anything about it. I said if it had been the case it was most likely I should have known. He said if it was the case that she was taken up he would be obliged to leave the place. He also said he had never done injury to any person in his life. I replied I was very sorry for him. He requested not to mention to any one that he had called me up. I said it was quite impossible to keep it secret: it was broad day light, and there were several persons on the street. By Mr. WILKINS- I believe he is a man who has stood very high in the county?-So far as I know, very high. John SABBAGE (examined by Mr. RAMSHAY)-I am superintendent of Carlisle police. I saw the prisoner on Thursday, the 5th of June, about two hundred yards on this side of his own house, at Kirkandrews. He asked me if it was true that they were going to lift his wife. I told him it was; that I was just going over to arrange about it the next day. He said, could they not see Mr. CARRICK, and get the opinion of the doctors without lifting her, for if they did he could not stand it. I told him I thought that would be no use now. He said, "if they do find poison, I did not do it." I saw him in returning, and the same conversation was repeated. On the 9th, the Wednesday, about half-past three in the morning, I went to apprehend him. He said, "you are come to take me?" I told him I had a warrant for him, and assisted to dress him. I read the warrant to him in the yard. HAUGH was with me. The prisoner asked him if he had been to Newcastle. This was in the house. HAUGH said he had not been there. GRAHAM then asked if any one belonging to me had been there to make inquiries, and I said no. I went to BESWICK's, at Kirkandrews, on the 23d June. I do not know when he ceased to occupy it as a farmer; it is not now his house, but he lodges there. On the 23rd of July, I brought away the contents of the pockets of a coat, waistcoat, and trowsers given to me by Margaret ROBSON, and which I emptied into a piece of paper. I gave the contents to Dr. TINNISWOOD, and left the clothes in the house. On the 30th of June I brought the clothes away. Margaret ROBSON gave the clothes to me. I have them here. I put the contents of all the pockets in one paper. By Mr. WILKINS- It was pretty well known in the neighbourhood what the poor woman was to be taken up for?-Yes. Where did you get the clothes from?-They were hanging in John GRAHAM's bed-room. The door was open?-Yes. The suspicions as to the woman's death had been talked about for some weeks?-Yes. Did you mix the contents of all the pockets together?-Yes. Was there some wool amongst it?-No. And crumbs of bread?-Yes. Did you particularly noticed [sic] the contents of these pockets?-No. Was MITCHELL present when they were given to you?-No. By Mr. TEMPLE: On the 30th of June I took a first waistcoat, on the 12th of July a second waistcoat. I gave the second waistcoat to Dr. TINNISWOOD. I got it from MITCHELL, and had not searched the pockets before. By Mr. WILKINS- Had you asked for any more clothes, or did MITCHELL give it you of his own accord?-He gave it me. Did you see where he took it from?-It was hanging up in the front of the door as you go into the kitchen. If it had been there at first you would have seen it?-I might have overlooked it. Did you not search?-Not in the kitchen. Were there any clothes you did not take away?-Yes, there were three or four coats up stairs. There were other trowsers and waistcoats. You had had a good many interviews with MITCHELL?-Perhaps I have seen him five or six times. He has assisted you as much as he could in getting up the case, hasn't he.-No. Were there any other clothes in the kitchen?-Yes, there were old clothes, like working things. I did not examine them. By the JUDGE-The substance collected in the pocket was like wool. I can't swear it was not sheep's wool. It might be. Margaret ROBSON (by Mr. RAMSHAY)-I am servant of John BESWICK, who now occupies the farm of John GRAHAM. I remember the day the prisoner went to Newcastle, shortly before Mr. GRAHAM died-perhaps three months since. I gave a suit of clothes to Mr. SABBAGE. I think they would be John GRAHAM's: I am not very certain. I took them from the bed-room; they were hanging behind the door. He went to Newcastle the second time in a second mourning suit. Perhaps I might have seen him wear the waistcoat given to Mr. SABBAGE-I don't know. Mr. SABBAGE emptied the pockets, and put the clothes back where they were taken from. Mr. SABBAGE here produced the clothes. Benjamin MITCHELL re-called, identified the coat, waistcoat, and trowsers, as those of John GRAHAM. He said-I think he would have them more than a year. I did not give the officer the second waistcoat produced, but I saw him take it. It is John GRAHAM's, and is the older waistcoat. Witness pointed out a patch by which he knew it. By Mr. WILKINS- Where did you get the waistcoat?-SABBAGE or Mr. BENDLE took it from a door in the kitchen. I think there was a coat hanging in the kitchen also. Anything else? No. No other clothes? No. Pray were you ever in the service of T. H. GRAHAM, Esq., of Edmond Castle? Yes. What did you leave it for? We had a little difference. Your master said you were a rogue in grain? He never told me so. Were you discharged for stealing grain? No, I paid for it. I mentioned it to the husbandman when I took it to the mill. I was charged with stealing geese. I never said I traced the feathers to the house of another person. I never took a goose. I was discharged from Mr. GRAHAM's for taking a peck of barley, only for three days. I was taken on again. The grain was thrown over the hedge. There was no truth in the goose story. My son, who was living with Mr. GRAHAM, is at Bleatarn. He was sleeping with me when I heard Mrs. GRAHAM speak on the night I saw her slice the bread. He was in bed when she was slicing it. He lived there three quarters of a year. He was not there at the time Margaret RICKERBY behaved so improperly. William RICHARDSON was. He is here to-day. By Mr. TEMPLE-When I took the barley I told the miller, and after I was taken back again I staid the greater part of the winter. By Mr. WILKINS-I was the thresher before I was turned off. When they took me back I made carriage roads. I was never forbidden to go about the house. I had no work about the house afterwards. [to be continued]