EVIDENCE FOR THE DEFENCE.
With this evidence the prosecution was closed late on the third day, and on the next the defence was opened by calling witnesses on the Prisoner’s behalf.
Dr. Michael Taylor, Mrs. Pritchard’s brother, had seen her on the 28th of February, a few days after his mother’s death, when she objected to Dr. Gairdner again visiting her, and to following her brother’s advice to have a nurse, as she did not like strangers about her. He also identified as her writing two letters from Edinburgh to her husband at the time of her visit to her parents in November, in which she spoke of the slowness of her recovery and her inability to go out, except two or three times.
Mr. Simpson, a partner in Duncan & Co., Chemists, in Edinburgh, remembered Dr. Pritchard, some four years ago, purchasing Battley’s solution at their shop, and that shortly afterwards other purchases of this compound were frequently made in his name by one Thomson, whom he recognised, down to the beginning of 1865. Fairgrieve, another chemist in Edinburgh, spoke to repeated purchases of this compound by or for Mrs. Taylor for several years before her death, once in a 5-oz. bottle, but generally in bottles of 2 oz.[156]
Two other witnesses proved that they consulted Dr. Pritchard for affections of the ear, and that to the first he gave a bottle labelled “poison—2 drops in each ear every night,” and to the other a tonic of glycerine and strychnia; the object being to account for the numerous poisons found in the cupboard in his consulting room.[157] Dr. McHattie proved that there were not the necessary drugs in the cupboard to enable the Prisoner to make up Dr. Paterson’s prescription,[158] and afterwards his eldest son certified that his father and mother lived happily together, and his daughter, who lived chiefly with her grandparents, that they were fond of each other. The evidence for the defence then was closed.
THE SOLICITOR-GENERAL’S SPEECH.
In addressing the jury on the evidence, the counsel for the prosecution drew their especial attention to (1) the fact—not contested and not contestable—that though none of the medicines prescribed by the medical attendants on both of the ladies had contained any preparation of antimony, antimony was found in their bodies—in that of Mrs. Pritchard in such proportions as could only be accounted for by a long continuous administration of that drug—in Mrs. Taylor’s sufficient to so reduce her system as to increase the operation of any narcotic poison; (2) that the notion of this having been taken by accident was excluded even by the prisoner’s own statement, and that the idea of suicide was entirely at variance with the characters of the sufferers, and in the case of the wife with the fact that suicides do not choose “a long, lingering, and painful death;” (3) that the prisoner had in his possession the means of administering poison as well as the opportunities; (4) that in the three cases in which symptoms of antimonial poisoning were felt by those who tasted the cheese, the egg flip, and the tapioca, the prisoner had the opportunities of dealing with these articles of food before they were sent to his wife; (5) that in the remnant of one of them—the tapioca—antimony to a large extent was found; (6) that in a bottle of Battley’s solution found in the pocket of Mrs. Taylor after her death aconite in deadly proportions was detected; and (7) that there was a pecuniary motive, paltry as it might be represented to be, to induce the prisoner to commit both these murders.[159] Who, then, he said, put the antimony into the food? who put that and the aconite into the Battley’s solution?
“Who, then,” continued the Solicitor-General, “was the murderer? For there was a murder—a deliberate, cold-blooded, cruel murder—committed in that house. Who was it? We know the inmates. There were the two students of medicine. I suppose you may lay them aside as having nothing to do with it. Suspicion does not attach to them, neither had they the opportunity. The servants change in the course of the enacting of this dreadful tragedy—all but one. Catherine Lattimer was there until the 13th of February. The poisoning went on after she left—the deaths both occurred after she left. She was not the poisoner, nor was there a breath of suspicion about her. Mary Patterson comes on the 16th of February. The poisoning, indeed, goes on after she comes; but it had commenced long before—weeks before. We, therefore, lay her aside. There was Mary McLeod, a girl under seventeen, the only remaining grown person in the house during the whole course of the administration to which I need refer. I need not take any notice of the children, who were the only other inmates of the house. See, then, to what we have come. There was a murderer in the house—a murderer practising the dreadful art of slow poisoning from the end of December till past the middle of March. The only two grown persons, except the boarders, who were in the house during that time—the only two who had access to the patients—were the prisoner at the bar and Mary McLeod. This is narrowing the case to a very short question. I have excluded every other idea from the case, by fair, legitimate, convincing argument, upon evidence that is not open to dispute. I have excluded the notion of natural death. I have established the fact of death by poison. I have excluded the idea of death by accident, by suicide, by the administration medicinally. You are shut up, therefore, to murderous administration.... I find that the only two who had access to these miserable victims, and had any opportunity to perpetrate the murders with which they are charged, were the prisoner and this one girl. Now, pray, consider, with respect to the wife, upon the question whether or no the prisoner is not the man clearly proved by irresistible evidence to be so, what was the nature of the murder? It was a murder in which you almost detect a doctor’s finger. It is gradual poisoning—poisoning so as not to kill but to weaken; leaving off for a day, and then resuming again—one day better, two days worse. During the whole time the patient exhibited the symptoms of vomiting and purging, the result of the action of antimony. You have that going on for a long time under the very eye of a medical man, the husband of the victim, who was in close attendance upon her. Do you think anybody else—do you think a girl of seventeen could have done that deed? She knew nothing about antimony.[160] If she did not do it, the prisoner must have done it. And what is his case? His case respecting his own wife, who was thus demonstrably being poisoned by inches under his very eye during this long period—what is his case? “I thought it was gastric fever,” he says. Gastric fever! Nobody could have thought it was gastric fever. Nothing like gastric fever in it. Nothing like anything except what it was—slow, cruel poisoning, which brought, in the course of two or three months, this poor woman to the grave, with such an amount of poison in her body.”
Referring, then, to the false statements made by the prisoner in the case of Mrs. Taylor—that she had tumbled off her chair in his consulting room in a fit, and been carried up to bed, when it was proved that she had walked up to her bedroom from his consulting room—had during the evening called to one of the servants to go out and get sausages for supper—had had no tumble or fit, and that the doctor himself knew nothing about her attack till the bell rang violently three times—that hot water had been taken up by the servant to make her vomit—the strange statement to Dr. Paterson before the bottle of “Battley” was found in Mrs. Taylor’s pocket, that she had purchased half-a-pound of it a few days before—the false certificate of her death, “paralysis for twelve hours and apoplexy for one hour,” when there was no paralysis except the paralytic affection caused by the aconite, and that was not before she went upstairs at nine o’clock in the evening, only four hours before her death: then referring to the tapioca purchased entirely for Mrs. Taylor’s use, into which antimony was put by some one; the Solicitor-General said:—
“Keep in view that the method of poisoning alleged against the prisoner here is not the giving a dose that would kill, but the introducing it into the food in such quantities that the taking would not kill, but produce sickness merely—the intention being to produce and continue the sickness for months, the fatal termination then supervening. A poisoner in this way practises the dreadful art successfully, and could not be very apprehensive of even himself or any one else taking the food accidentally, as it would only make them sick. He knows that to produce death it will be necessary to continue it for a long time. Into this tapioca antimony is introduced—sufficient to produce sickness in anybody taking it, but not death. But Mrs. Pritchard does not get this tapioca. It is taken by Mrs. Taylor, and she is seized immediately by symptoms of poisoning by antimony. She is sick in the same way—I think she expressed it—as her daughter was; because the effects were the same. That tapioca was not put away, as it might be required again; and if Mrs. Pritchard had wanted tapioca again, she would have got that, and the poisoning would have been carried on by its means. If anybody else got it, it would be a misfortune, but not much more. And who could have introduced it but the master of the house, who was an adept in such a mode of poisoning.—I do not know how many, if more than one, partook of poisoned food; but some food had been poisoned. I take that for granted, and that it had been taken by one of the boarders, Connell, I think. But that is not presented as part of the case. He was one day more or less sick. The prisoner does not seem to have been alarmed about it—he does not seem to have been alarmed even when he himself was sick upon some occasion in February. He knew very well there was no occasion for alarm, for sickness was the end of it; that it would require a long sickness in order to produce anything like a fatal result.”