Ann Merritt was indicted for the murder of her husband, James, by poison, at Clapton, on the 25th of January.
Merritt, who was a turncock in the employ of the East London Waterworks, had been at work in his usual health, with the exception of a slight cold, on Wednesday, the 23rd of January. When, however, a fellow-workman called upon him about nine the next morning, he was told by the prisoner that her husband was sick in the yard, and in a minute or two afterwards Merritt came in and told his comrade that he had been drinking some broth and a cup of hot tea upon it, and expected that it had turned his stomach. They started off to work, and on the way Merritt complained of being very thirsty, and went into a public-house and had some rum-and-water before they separated for their respective jobs. He seems, however, to have soon returned home unwell, as between ten and eleven a neighbour (Mrs. Gillett), who lived next door, who had been previously called in by eight o’clock in the morning, saw the deceased in his house very ill, and the prisoner emptying some thick gruel into a basin from a saucepan, and pouring water on it. The gruel had been made from oatmeal fetched from a corn-chandler’s by the witness’s son, at the prisoner’s request, who had given as a reason for making it that her husband had returned so very thirsty. This gruel the deceased was seen eating at a quarter past eleven, and very soon after vomiting. However, at one o’clock, Merritt went out again to work with his comrade, but soon after felt so sick and ill that he asked his friend to do his work for him, and returned home. When his friend returned to Merritt’s house with his tools, between five and six in the evening, the prisoner told him to go upstairs and see “Jem,” as he was very ill, and wanted to see him. This witness went up to the deceased’s bedroom, followed by the prisoner, and found Merritt in bed complaining of being very sick, feeling cramp in his limbs; at which the deceased said, “he did not wonder, as what with the weather and the work they had to do, it was enough to kill a horse.” No more was seen of the parties until half-past nine at night, when Mrs. Gillett was again called in by the prisoner, and found the husband in bed retching violently, and complaining of a burning pain in his chest and stomach. Between ten and eleven Mr. Toulmin, the doctor, was called in, and at half-past twelve the husband died.[126]
MEDICAL AND ANALYTICAL EVIDENCE.
Mr. Toulmin, a general practitioner at Clapton, was first examined. He was called in between ten and eleven on the Thursday night, and found the deceased in bed sick, complaining greatly of pain in his stomach and cramps in his legs, his pulse very weak, and his skin below the natural temperature; he prescribed for him, and left. Subsequently he made a post-mortem examination of the body on the 28th, by the coroner’s order, with the assistance of Mr. Welch, a neighbouring surgeon, to which the prisoner at first objected. When the stomach was opened, it contained a thickish matter slightly pink, which was poured into a stoppered bottle and sent with the stomach to Dr. Letheby for analysis. On its coats there were red spots, such as are observed in persons who have died of irritant poison.
Dr. Henry Letheby, professor of chemistry at the London Hospital, to whom the stomach and its contents had been forwarded, gave the following evidence, which, in consequence of the dispute which subsequently arose on his statement as to the time at which the fatal dose was taken, is given in full:—
“I first experimented,” said the witness, “on the contents of the bottle (the fluid found in the stomach), and detected 8½ grains of white arsenic. By one course of experiments I reproduced the arsenic in a metallic form—it is in this tube (produced). The earthen jar contained part of a human stomach. I noticed a peculiar appearance in it, which I have noticed in cases of poisoning by arsenic—there was a small portion of whitish powder adhering to the lining of the stomach, too small a quantity to enable me to ascertain what it consisted of. I then examined the intestines that were in the jar; I subjected them to a chemical analysis, and the result was the detection of a very small quantity of arsenic. There was also in the jar a part of a human liver. I subjected about a quarter of a pound of it to experiment, and obtained a quantity of metallic arsenic (produced); it was too minute a quantity to weigh. That in the stomach was the only quantity I weighed; that would be sufficient to cause death. I had the opportunity of witnessing a case where 2½ grains killed; the general quantity would be 8 grains; I look upon that as an average dose. It would generally be fatal. Vomiting is almost invariably the consequence of arsenic introduced into the stomach. A person attacked by that would be likely to throw up a portion of the arsenic. Looking at the quantity I found, and the parts in which I found it, in my judgment the arsenic I found had been taken not more than two or three hours before death, but that is a matter of opinion; a dose might have been given before. It would depend upon many circumstances how soon it would find its way into the liver.”
Cross-examined.—Question.—“About two grains of arsenic you say would cause death; do you mean taken together?”
Answer.—“Yes, or less; 2½ grains have done so. I know nothing of this transaction but from the examination. I found a very small portion in the liver, perhaps one tenth of a grain in a quarter of a pound. A liver weighs about 5 pounds, and supposing the arsenic to be equally diffused, there would be twenty times that quantity—equal to 2 grains. My observation with reference to the time it had been taken was in reference both to the stomach and the liver.”
Question.—“Are the data at all safe?”
Answer.—“Yes; I will tell you why. I found in the stomach 8½ grains of arsenic, and there was not much in the intestines. I conclude, therefore, that there had not been time for it to have passed into the intestines, which would have been the case if it had been taken long before death. But there was only a trace in the intestines, so I conclude that it was taken a very short time before death. That furnishes datum to me to form a judgment on the subject of hours. Food remains five hours before it passes into the intestines. I am able to say that the contents of the stomach pass into the intestines in four, eight, or ten hours, from experiments I have performed on living subjects. I have not the least doubt. I saw the intestines; they were in the jar. They did not appear to have been influenced by arsenic; they were slightly red, and there were traces of arsenic. I have reduced something that was in the intestines into a metallic state. I experimented on it, and found it was arsenic. It was destroyed in the experiment to which I was obliged to submit it to prove it was arsenic. It was not likely that I should find it in the liver without some being in the intestines. The time would not depend on the constitution of the person. Digestion depends upon the constitution, but I am speaking of the average. Digestion is more or less rapid according to the constitution of the person who has received the subject matter. I have heard of cases in which matters which would not digest have remained three or four days, but those were solid matters. I think liquids pass into the stomach (intestines?) under all circumstances in five hours as (after?) they are imbibed. There is a valve which prevents solid matters from passing into the stomach till they are digested. The arsenic was in a liquid state, all except a little white powder on the side of the stomach. I am obliged to have recourse to an average to form an opinion as to how long it would take. We have no means of dealing with an independent case except by an average.”