Sept 01 1808 Carlisle Assizes/Murder - Cumberland and Westmorland Newspaper Transcriptions

Sept 01 1808 Carlisle Assizes/Murder

The Times, Thursday, Sep 01, 1808; pg. 3; Issue 7455; col C

                               CUMBERLAND ASSIZES, Aug. 24.
                                            --------------------
                         TRIAL OF JAMES WOOD FOR MURDER.

James WOOD was charged with the wilful murder of Margaret SMITH, wife of Thomas
SMITH, weaver, of Longburn, and Jane PATTINSON, of the same place, spinster.

Thomas SMITH, the prosecutor, and husband of Margaret SMITH, deceased, was
called and sworn. He said, that he lived at Longburn, in the parish of
Bromfield, was by trade a weaver, and had a small farm. James WOOD, the
prisoner, came to his house at Martinmas last, when he was at Wigton market; his
wife and wife's sister being at home, the prisoner was detained by them till his
return. The prisoner being a weaver, the prosecutor engaged him to work out a
web which he had in the loom. He said the prisoner was a good workman, and could
make about fifteen shillings a week when he chose to work; but seldom made much
more than seven shillings, which was the price agreed on for his board. He
continued with him in the capacity of a journeyman weaver, from that time till
January 19, 1808, on which day the prosecutor went, in the morning, to Wigton
market, leaving his wife, his wife's sister, and the prisoner, in the house. He
(the prisoner) had on a pair of stockings and sleeved jacket belonging to the
prosecutor, which he had obtained leave to wear, being himself very scanty of
clothes, having only one suit. The prosecutor stated that when he left home, on
the morning of the 19th, there were six guinea notes, a 20-shilling note, and a
crown piece, belonging to his wife's sister; half-a-crown, belonging to his
wife; and three half-crowns and three shillings, belonging to himself. The money
was deposited in a box in the parlour, which was kept locked, and his wife had
the key. The half-crown belonging to his wife had been in her possession a great
many years, was of the coinage of William and Mary, and was marked with the
initial letters of her maiden name, M. P.

He stated that on his return from the market, in the dusk of the evening, the
day being wet, he was much surprised to find the cattle out in the yard, which,
at so late an hour, was a circumstance uncommon. As attending to the cattle was
the business of his wife and wife's sister, he called out, but nothing answered.
After taking his mare out of the cart, he went into the house, and found his
sister-in-law sitting on a chair, with her head lying on the table. After
raising her head and placing it on his arm, he wiped her face, which appeared to
be bloody, and exclaimed, "My dear jewel, what is the matter with you?" He
received no answer; but as she was an infirm woman, and WOOD, the prisoner, and
his wife, not being present he imagined that his sister-in-law, having had a
fall on the floor, they had gone out, one to inform the neighbours, and the
other for surgical assistance; consequently was not much alarmed, as he had not
yet perceived the state she was in, only perceiving the wound on her forehead.
He went out and took care of the cattle; but was not absent more than three or
four minutes. When he returned, he lighted a candle, and discovered his
sister-in-law to be snoring in her blood, with which the table was covered.
Having raised her up, she opened her eyes; he thought she knew him, and seemed
as anxious to speak to him. Perceiving her little finger to be nearly cut off,
hanging only by a small part of the inner skin, he became much alarmed, and
concluded she had been murdered. He now became anxious for the safety of his
wife, and, after a little searching, found her in the barn. She was extended on
the floor, with her head much bleeding; she appeared nearly dead, and was
speechless. He said, "her skull was very much cracked, and her head as soft as a
boiled turnip." The prosecutor's house being at some distance from any other, he
went in search of help to his nearest neighbours, exclaiming "Murder!"

On his cross-examination, he said he was a native of Ireland, but had lived 30
years in his wife's family; 14 years as servant with his wife's brother, and
been 16 years married. He had been formerly a husbandman, but in consequence of
a hurt received on his knee, which in a manner incapacitated him for that
employment, he had learned the business of weaving. The management of his little
farm chiefly devolved on the women; WOOD, the prisoner, was very willing to
afford them any assistance, and on this account was well treated by them; as a
son, rather than a servant. The prisoner made no secret of his private concerns,
but stated that he had been impressed on board a man of war, and was then a
deserter. - When he first came to the prosecutor's, he was exceedingly bare of
money, and borrowed five shillings for the purpose of purchasing a pair of
clogs; and as he earned so very little, he continued in the same state of
poverty, having no other possible means of honestly bettering his circumstances.
At the time, however, of his committing the murder, he was not any thing in
arrears, but had about four shillings, which was due for wages, to receive from
the prosecutor. The prisoner was engaged with the prosecutor for any fixed
period, but was at liberty to depart at any time. Previous to the 19th of
January, no intimation whatever had been given by the prisoner respecting any
intention of leaving.

John BELL said, he was a relative of Margaret SMITH; on the morning of the 20th
of January, he set out after the prisoner, through Wigton and Bowness, crossed
the water to Scotland, and overtook the prisoner at Cummertrees, between Annan
and Dumfries - that he rode up to him, and said, "Jem, my lad, you must go back
with me." He said he would. The witness required why he left Longburn? He
answered, "Three ruffians had come to take me*." [Footnote: * Three of the
press-gang, which the prisoner said were coming to seize him.]

The prisoner, when taken, had on a brown coat. The witness took him to Annan, to
a public-house, and inquired if the ruffians had hurt his aunts: to which the
prisoner answered, "Hush!" He took him before Mr. SCOTT, Magistrate, who ordered
him to the Tolbooth prison, and he was there examined by the sitting
Magistrates. No threatenings or promises were ever used to induce him to make
confession.

Mr. SCOTT, Magistrate, of Annan, heard of the prisoner on the 20th of January,
and John BELL, being at the Tolbooth Public-house, and went to have him secured.
Robert ELLIOT, the constable of Annan, was with him. The witness (Mr. SCOTT)
asked him if he had purchased a watch? which he denied. He immediately ordered
him to the gaol, and went with him for the purpose of examination. He was there
searched, and, in the inside of his hat-lining, a watch was found. He was then
ordered to deliver up every other article of property of which he was possessed;
when he put his hand in his waistcoat pocket, and took out a shilling, a
watch-chain, some halfpence, and a knife, and said he had nothing else about
him. On further searching him, there were found in his watch-pocket a crown
piece, 4 half-crown pieces, and 30 shillings. One half-crown piece was of the
coinage of William and Mary, marked with M. P. 1802. All these articles were put
in a paper, in the presence of the prisoner, and sealed. Two hours after, he was
taken before Sir William DOUGLAS, Messrs. GREENCROFT, HODGSON, FOREST, and
witness, Justices of the Peace, and examined. Nothing was said to the prisoner,
either by way of threatening or promise, to induce him to make confession; on
the contrary, he was told that he was not obliged to answer any questions which
would criminate himself. The prisoner, when examined, made a confession.

On his cross examination, the witness said that the prisoner was very collected
at the time, and not much worse for the liquor he had had; and that WOOD, the
prisoner, with the greatest apparent indifference, said, that he had killed the
women folks, and after committing the murder, had broken open the chest.

The prisoner being called upon for his defence, said, that he had left the two
women in the house the morning when he departed; said he had nothing more to
say, but left the rest to his Counsel.

The prisoner's defence being closed, the Learned Judge proceeded to sum up the
evidence, and to comment on those parts which might afford the strongest light
to the Jury.

The Jury, after a few minutes, gave in their verdict - Guilty; upon which the
Judge immediately passed sentence of - Death. He was executed the next day.