Chapter IV (9)

In the _second_ statement he gives details of his administration of the strychnia, declaring that even when he got the second portion of that poison from Mr. Morley’s pupil he had no intention of poisoning his wife, but only intended it for the cats. His first attempt was with the jelly his sister Jane had sent, of which, it may be remembered, the wife, on the score of its bitterness, took only a spoonful. He then goes on:—

“On the Saturday, after Fisher left,[91] I took the paper containing the strychnia out of my razor-case and put it in my waistcoat-pocket, and then went to my mother’s house. In the afternoon I had previously called at Mr. Morley’s for my wife’s medicine. It was an effervescing draught, in two bottles. At my mother’s that evening I took the cork out of one of the bottles and touched the wet end of it with the strychnia. On that Saturday evening my wife took some of the draught in Mrs. Witham’s presence. Mrs. Witham tasted it, and said it tasted bitter. The draught was not shaken that night before taken. My wife did not suffer from the effects at all. On my way from my mother’s that night I threw away the remainder of the strychnia. I cannot tell you the feelings of my mind when I put the strychnia into the jelly and the mixture. I did not think at the moment as to its effects and consequences. On the Sunday following, which was the 24th of February, I went to the surgery; and there being no person there at the time, I took perhaps ten grains of strychnia and folded them in paper, and when I got home placed it in the stable. On the Monday morning I gave my wife her medicine—the effervescent mixture—about half-past nine, and at ten she had the attack mentioned by Mrs. Fisher and Mrs. Witham. At the time she took it she complained very much of the bitterness, and said she would tell Mr. Morley about it. There were three or four doses left in the bottle after that draught was taken, and I broke the bottle in my wife’s presence, fearing Mr. Morley might taste it. The mixture was changed on the Monday; the mixture then given was very bitter. On Tuesday night or Wednesday morning I applied the wet end of the cork of the medicine-bottle to the strychnia, as before. I think there might be from half to a grain of strychnia on the cork when I put it into the bottle. I shook the mixture up. There were only two or three doses in the bottle. I don’t remember my wife having an attack on the Wednesday. She took her medicine that day. On Thursday I got another bottle of medicine from Mr. Morley, and I again applied the wet end of the cork to the strychnia as before. About the same quantity adhered. The last dose of that medicine was taken on Friday night about ten, and my wife was taken seriously ill in half an hour, but she had no arching of the back, as far as I can remember. Mrs. Fisher is mistaken in that point, but her statement in other respects is true, I believe. On that Friday night I got another bottle of medicine from Mr. Morley’s, directed to be taken four times a day. I did not put any strychnia into that bottle, or upon its cork. Mrs. Witham gave a dose out of that bottle in the afternoon of Saturday.[92] The strychnia was in the stable, where I had first placed it, and there was none in the razor-case on that day, nor during any part of that week. I was drinking at Sadlefee’s public-house on that Saturday, and was more or less affected with drink all that afternoon and evening. About three in the afternoon I went to the stable and took a grain and a half of strychnia out of the stable and put it in another paper, which I placed in my waistcoat-pocket. I put that strychnia into the wine-glass which contained a little water—I believe the water left in the glass by Mrs. Witham after giving my wife the third dose in the afternoon, but I have no recollection as to the time I put the strychnia into the glass. I gave the mixture in the evening, as stated by Mrs. Witham and Mrs. Wood in their evidence. I poured the mixture into the glass which contained the water and strychnia. I did not put the strychnia into the wine-glass in the presence of Mrs. Witham and Mrs. Wood. I know that I put it in before, but cannot tell how long before giving the medicine. I did not, when I gave the medicine on the occasions mentioned, think of the consequences; but when I saw my wife suffering on the Saturday night, it flashed across my mind that I had given her medicine, and that she would die from the effects. I was muddled before this, and did not know what I was doing. When the thoughts of her death crossed my mind, I regretted what I had done, and believe that if Mr. Morley had come in at that moment I should have told him what I had given her, so that he might have used means to restore her. I cannot disguise the anguish I felt when I returned from Mr. Morley’s and found her dead. Palmer’s case first called my attention to strychnia, but I never should have thought of using that or any other poison for the purpose of taking my wife’s life but for Harrison, who was always telling me that I should never have any happiness till my wife was out of the way.”[93]

TRIAL OF SILAS BARLOW FOR THE WILFUL MURDER OF ELIZA SOPER.

_Before_ THE HONORABLE MR. JUSTICE DENMAN, _at the_ CENTRAL CRIMINAL COURT, _November 27, 1876_.

_For the Prosecution_: Mr. Poland and Mr. Beasley.

_For the Defence_: Mr. Fulton and Mr. Grubbe.

HISTORY OF THE CASE.

THE prisoner, an engine driver on the South-Western Railway, about a year before the trial, on being left a widower, had formed a connection with the deceased, who, with their infant, came to lodge at the house of a Mrs. Wilson, in Leopold Street, Vauxhall, in August, 1876, under the name of Smith, where she was occasionally visited by the prisoner, who passed as her husband. Apparently they lived together on kindly terms, and were in fairly comfortable circumstances. On the 3rd of September the prisoner visited her about half-past eight in the evening, and stayed an hour. Up to that day the deceased had been in good health. As soon, however, as the prisoner had left, she came down from her room, knocked at the landlady’s door, and complained to her that she was very sick from the sarsaparilla which he had given her. “Her lips were white, she was very nervous, and appeared hardly able to stand,” said Mrs. Wilson. “I had never seen her so before. She went upstairs, and when I went to bed I went to her. She was retching very much, and sitting in a chair. I then went away. Next morning I saw her; she came downstairs and said she was very bad—worse. She could not stand, and had to lean against the wall. During the day she became better.”

THE SYMPTOMS.

The prisoner came again on the Sunday following, the 10th, at the same time as before.

“The deceased,” said Mrs. Wilson, “was at the street door, talking to me, with her baby, and in perfect health. They went up into their room, and in about an hour the prisoner knocked at my room door and said his wife had had two fits. I ran upstairs and found her lying across the bed; the prisoner was in the room. She was in a kind of fit or convulsion. I sent the prisoner for some brandy and water. She became a little conscious, and taking me by the hand said ‘_Don’t touch me_.’ She had been unconscious, _but the moment she was touched she went into convulsions_. _Her feet and hands were clenched, and she was drawn quite backwards, her back forming an entire arch._ She was _not conscious_ then. The prisoner was holding her all the time. About half past ten I sent him for Dr. Miller, who came at once, and applied mustard plasters, remaining with her about five minutes, and the prisoner going back with him for medicine. She was slightly conscious when Dr. Miller came, and more so afterwards. Her feet were quite _white(?)[94] the toes being drawn backwards to the soles of the feet_. I did what the doctor told me, but it did not do her any good. I tried to give her the medicine, but she could not take it, _and went off in a swoon_. She had licked the spoon. She then had dreadful convulsions, one in particular, when it took the prisoner and me to hold her. Her neck was drawn backwards and quite arched. After that she became quite conscious, and said it was the nasty sarsaparilla that made her ill. The prisoner said ‘Oh no. I have taken more of it than you.’ He also said ‘I have given her two pills and taken two myself.’ She complained of a dreadful pain in her heart, _and continued unconscious, coming to herself a little at times, but very slightly_. The convulsions were dreadful, and she died about two o’clock on the eleventh. She seemed to drop instantly after a dreadful convulsion. I gave her two doses of the medicine the doctor sent. I had not seen any sarsaparilla in the room.”

_On cross-examination_ by Mr. Fulton, after stating that she had never heard any quarrels between the prisoner and the deceased, she gave the following further particulars as to the symptoms:—

“In the evening, when I was called in, her eyes were partly closed during the convulsions; her breathing very hot (hard?) and at most suspended; her teeth entirely clenched and also her hands during the convulsions. She wanted to be sick shortly before her death; her lips were pale, and remained so until her death. The prisoner tried to move her, when she became sick, and she went into convulsions. He helped to hold her, and said he could not imagine what was the matter with her; seemed distressed, and sat on the bed holding her. To all appearance he was kind to her but not affectionate. _She was more unconscious than conscious during the whole time._ About twelve o’clock she _appeared quite conscious_. She had to move herself so that she could be sick, and caught hold of the bed head, and then went again into convulsions. _Virtually she was unconscious the whole time._ Dr. Miller came a second time, and she told him she had had some fearful fits, but I cannot recollect whether I said anything about the ‘arching.’ There was none when he saw her, but _her feet were curved_, and I told him about the ‘shakings,’ I mean the ‘convulsions.’ I first heard from the coroners officer that she had died of strychnia. I had previously told him the symptoms attending her death, but don’t remember telling him of the ‘arching.’ He said there was every appearance of her having died from strychnia.”

MEDICAL EVIDENCE.

_James Miller_, medical assistant at the Vauxhall dispensary, before that with Mr. Scott, a general practitioner, and previously an insurance agent, gave the following account of the case:—

“About twenty minutes to eleven on the 10th of September I was called by the prisoner to his wife, who he said had had two fainting fits. I found her lying on the bed, dressed, and quite conscious. She lay very quietly. She said she had severe pain in the legs, and that she had fainted twice. I asked her if she had complained during the week. She said only of pains in the head. I found the calves of her legs very rigid, her feet turned slightly inwards, the toes of each foot inclined towards the other as she lay, cramp in the lower limbs, her arms quiet. She beat her breast at times. Her hands were partly closed, her heart very excited, and her breathing slightly laboured. Her heart continued excited all the time I was there, about five minutes. I asked her what she had taken. She said a cup of tea in the morning and a herring at tea. She said she had pain in her head all the last week. _I believed she was suffering from epilepsy._ On leaving, the prisoner returned with me; I made up a bottle of medicine, antispasmodic, which he took away with him. I never saw her again alive.”

_On cross-examination_ he said—

“He did not notice any such ‘arching’ as the witness Wilson spoke of, nor did she mention it to him as one of the symptoms. Nor should he call what he saw of the feet ‘arching.’ He had only seen one case of epilepsy before—that was twelve months ago—and the symptoms in it were very similar to what he saw in the deceased. He saw the body immediately after death; there was no ‘arching’ of it then. If there had been he should have seen it. She was lying, with her clothes on, on the bed. If there had been any marked rigidity of the body he should have observed it; that was a quarter of an hour after death.”

_Re-examined_ by Mr. Poland.—“She had her clothes on when he saw her, and part of her body might have been covered with the bedclothes. In the case of epilepsy he referred to, the person died in six hours. _He prescribed no pills, only the mixture._”

Proof was then given of the finding in the prisoner’s room of six bottles of medicine, a box with two pills,[95] and a packet of powder in dirty paper, and of their delivery to Dr. Lees, and subsequently to Dr. Bernays for analysis. It was not, however, until suspicions were aroused by other circumstances (the finding of the body of the infant in the river) that a _post-mortem_ examination was held by Dr. Lees, and the contents of the stomach and other interior parts of the body analysed by him, and subsequently handed to Dr. Bernays for the same purpose. In one of the bottles Dr. Bernays found a distinct sediment of Prussian blue, pointing clearly to the use of some vermin killer. Subsequently two kinds of these dangerous preparations were submitted to and analysed by him.

ANALYTICAL EVIDENCE.

Dr. Lees, M.D., of the Brixton Road, on the 18th of September made a _post-mortem_ examination of the body in conjunction with a Dr. Lewis. They found _no morbid appearances to indicate the cause of death_—the limbs were somewhat rigid, the body fairly nourished, and the stomach showed no sign of irritant poison.

“It contained,” said the witness, “six ounces of a thin reddish fluid. I put the stomach and contents into a jar, and the viscera into another. I received the bottles from the constable and the paper of powder, and saw some pills at the inquest. Among the bottles was one of the larger ones, which appeared to have contained a few ounces of good sarsaparilla—it was empty and rinsed out. One bottle contained about two grains of dried powder, adhering to the bottle. I added to the bottle a few drachms of water, two drachms of spirits of wine, thirty drops of hydrochloric acid, and two grains of dried powder. My purpose up to that time was to test for strychnia, but it was frustrated. What I had done was not sufficient to enable me to form an opinion. I had previously analysed a portion of a two-ounce phial, containing half a drachm or thirty drops of a reddish brown fluid—half a spoonful. I first tested five drops, and obtained clear evidence of strychnia. I was enabled to separate from the rest a substance that yielded strychnia. I used three separate tests; the second time with ten drops, and obtained needle-shaped crystals. I showed the colour to Dr. Bernays. I did not test the bottle for any other purpose. I left the rest (five drops) in the bottle and corked it up. Half a grain of strychnia is a fatal dose. I have been in practice fourteen years, and am of opinion that if Mrs. Wilson’s description of the symptoms is correct, they were consistent with death from strychnia. They only resemble the disease known as _idiopathic tetanus_. If Mrs. Wilson’s description is correct, the symptoms were not consistent with anything I know except death by strychnia—it came on so rapidly. If strychnia were administered in solution, the symptoms would come on in a very few minutes. _Strychnia occasionally produces irritation of the stomach._ The symptoms of poisoning by it are the rapid occurrence of twitchings in the limbs and rigidity of the muscles of the limbs, _usually commencing in the lower extremities_; the sense of weight on the chest, the extension of the spasms to the muscles of the trunk, the arching back of the head, the intervals of consciousness, the absence of any great difficulty in swallowing, and death in six hours. Mr. Miller’s evidence is consistent with death from strychnia.”

_The cross-examination_ was, as in Mrs. Wilson’s case, directed to the eliciting admissions in favour of the opinion, at first adopted by Mr. Miller, that the death was due to epilepsy.

“Leaving out the ‘arching’” (opisthotonos), said the witness, “I should hesitate to say she died of strychnia; it is a leading symptom, and also that the intellect was clear at intervals. _Vomiting is not usual in epilepsy._ It was _eight days_ after death that I examined the body. There was then _no rigidity beyond what I might expect in death_. The lungs were congested, the heart flabby and decomposed, spongy from putrefaction, and containing a little coagulated blood. Taking the appearances of the whole _post-mortem_ examination, _there were no marked ones to account for death_.”

Dr. A. J. Bernays, professor of chemistry at St. Thomas’s Hospital, to whom the bottles and powder found in the room, the jars with the stomach, intestines, and viscera, and a bottle supposed to contain vomit,[96] had been handed on the 28th of October, reported the results of his analysis of their contents.[97]

“In the organs (the lungs, heart, liver, kidneys, intestines, spleen, and blood) he found no poison of any kind. The stomach was inflamed, and there was a _trace of strychnia_, but of no other poison. In one bottle of medicine, opium, myrrh, but no strychnia, were found, and in another only peppermint and asafœtida. The powder was innocuous, consisting of old mustard and fenugreek. In one nearly empty bottle was found a distinct sediment of Prussian blue, one of the usual ingredients in ‘vermin powder.’ He was satisfied that what Dr. Lees showed him on a watch glass was strychnia; on testing, it was found to contain the 1000th part of a grain. On the 31st of October the inspector brought two packets labelled _Battle’s Vermin Killer_. _Poison. Lincoln_—a light blue powder, a threepenny and a sixpenny packet. The first consisted of fifteen grains, containing wheat flour, Prussian blue, and crystallised strychnia. The second packet, of the same composition as the first, weighed thirty grains. The amount of strychnia was—in the threepenny packet 10·69 per cent., in the sixpenny packet 10·06 per cent., corresponding to 1·6 grains in the smaller packet. On the 9th November a threepenny and sixpenny packet of _Butler’s Gloucestershire Vermin and Insect Killer for killing rats and mice, &c._, was received, marked poison. The weight of the two was fifty-six grains. It was a grey powder, containing flour, soot, and barium carbonate, but no strychnia; but another packet of the same contained flour, soot, strychnia, but no barium carbonate. These ‘vermin killers,’ if used at all, should never be made or sold except by the legitimate pharmaceutists of the country, and under proper precautions.”

_Mr. Justice Denman._—“A very proper suggestion for the consideration of the legislature.”

_Mr. Thomas Stephenson, M.D._, lecturer in chemistry at Guy’s Hospital, agreed with Dr. Lees and Dr. Bernays, and had no doubt of the correctness of their experiments.

It was also proved by the prisoner’s brother-in-law that the prisoner was in the habit of taking sarsaparilla, and that whilst the prisoner lodged with him, the witness had been using _Battle’s Vermin Killer_, as he was troubled with mice in his room. This he had bought at a shop in the Vauxhall Road, but he did not recollect having any of it left, or of the prisoner using it in his room. The prisoner had left Mrs. Wilson a few hours after the woman’s death, saying he was going to telegraph down the line and would be absent till the evening. He did not return until about nine on the morning of the 11th, when he said his cousin would take the child, which Mrs. Wilson dressed and gave to him, and never saw it again until the 15th, when it was lying dead in a public-house at Battersea, having been found drowned in the river. He also promised Mrs. Wilson that he would attend the woman’s funeral, but did not, and told her on one occasion that he always had strychnia by him.

_For the defence_ Mr. Fulton urged that the evidence of the “arching” of the body was very vague, and rested only on the word of Mrs. Wilson, who had not mentioned this important symptom either to the doctor or the coroner’s constable, and that without that symptom the death might be accounted for by epilepsy, and the first opinion of Dr. Miller justified. He endeavoured to minimise the evidence of the analysts, and argued that the conduct of the prisoner in his attendance on his wife was a strong proof of his innocence. “Motive,” he said, “there appeared to be none, as from his wages the prisoner was quite able to bear the expense of the mother and child.”

The jury, however, returned a verdict of “guilty,” and the prisoner was executed on the 2nd of December, admitting the justice of his sentence, and that he was a party to the death of the child, but saying others were in it.