Transcription
A Full, correct, and Particular Account of the Trial and Sentence of MARY ELDER or SMITH, wife of David Smith, Farmer at Denside, Parish, of Moni- kie, and county of Forfar, who was tried at Edin- burgh, an Monday the 19th February 1827, for the wilful Murder of Margaret Warden, a young woman, her own Servant maid, by Administering Poison to her, on the 5th September last, in con- sequence of which she Died the third day after; but the libel was found Not Proven. AT Edinburgh, on Monday the 19th February, 1827, came on, before the High Court of Justiciary, (after several postpon- ments, one of which was in consequence of the sudden indisposition of one of the Jury, after a good deal of the evidence for the prose- cution had been gone through, and out of which circumstance an- other postponment was rendered necessary, in consequence of the urguments of Counsel against proceeding again with the case,) the Trial of MARY ELDER or SMITH, wife of David Smith, farmer at Denside, parish of Monikie, and county of Forfar, accused of Mur- der, by having, on the 5th September last, within the house at Denside aforesaid, wilfully, maliciously, and feloniously, administer- ed, or caused to be procured or administered, to Margaret Warden, then servant to the said David Smith, a quantity of arsenic, ar other poisonous substance, mixed up with water, or other liquid, inducing her to swallow the same, by falsely representing to her that it was a medicine intended for her benefit; and she having accordingly swallowed the said deleterious mixture, became immediately there after violently ill, and lingered in great pain until the 8th of the said month of September, 1826, when she died in,consequence thereof; she being thus wilfully, maliciously, and feloniously Murdered.? To which the pannel pled Not Guilty. A number of witnesses were then examined, from whose evidence it appeared, that the deceased turned unwell on Tuesday, and that the prisoner gave her something to drink of a whitish colour, in a large dram glass, with a peace of sugar to take after it, about nine o'clock at night, which she swallowed, and went to bed. That she turned ill before morning, complaining much of her inside, and suf- fering from thirst; and, on drinking water, which she always cried for, saying her inside was burning, she immediately threw it up: That the prisoner, on Thursday night, a witness observed, came and asked the deceased if she thought a drap whisky would be good for her, to which the witness, Jean Norrie, a fellow servant,who slept with the deceased, replied, that she had got enough of that, or something else, she could not tell what, for such purging and vomiting she never before had seen. That Margaret Warden's mother was sent for and came to see her on Friday forenoon, the day she died, and said to this witness, in presence of her mother and. I Ann Gruar, another witness, ' you ken wha has been the occasion of my lying here, but dinna say nathing; they will get their re- wards, but I forgive them.' That she died that night at 9 o'clock, and her body appeared of a blackish colour. She was 25 years of age, was with child at the time, and George, Smith the prisoner's son, the deceased had said, was the father. The body was buried on Sunday the 10th September, and the corpse was taken up three weeks after, opened in the church-yard, and some particles of poison taken from the stomach, which was the cause of her death, the quantity and quality of of which being particularly decribed by the medical gentlemen attending; one of whom, Dr Taylor, who .had been sent for, states, that the prisoner repeatedly inquired, if he thought the violent vomiting would not cause abortion, addiug in her own words, I dinna care though such a thing, (a miscarriage) should happen, for the' gude man would tear down the house if he ken'd it.' The prisoner's declaration was then read, and several exculpatory witnessess examined, when the Jury were addressed by the Lord Advocate for the Crown, and Mr Jeffrey for the pannel. The Lord Justice Clerk summed up the evidence, and concluded an animated address at half-past 5 on Tuesday morning, when the Jury were enclosed, and directed to return their verdict in writing at 2 o'clock afternoon. The Court met accordingly at 2 o'clock, when the Jury returned a verdict finding the Libel Not Proven ; and, after a suit- able admonition, she was dismissed from the bar. This trial excit- ed a great deal of interest. Printed for JAMES M'LEAN.
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Date of publication:
1827 shelfmark: F.3.a.14(37)
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