Old Bailey Proceedings:
Old Bailey Proceedings: Accounts of Criminal Trials

16th April 1729

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James Cluff OldBaileyDefendantThis name instance is in set 1261 , of St. Andrew's Holborn , was indicted for the Murder of Mary Green OldBaileyVictimThis name instance is in a workspace. , by giving her one mortal Wound on the Right Thigh, of the Breadth of one Inch, and Depth of five Inches, on the 11th of this Instant April , of which she instantly died .

He w as indicted a 2d Time on the Coroner's Inquest, on the Statute of Stabbing; and likewise the 3d Time, on the Coroner's Inquest, for the Murther of the said Mary Green.

Mrs. Diana Pain < no role > , at the Green Lattica in Holborn , depos'd, The Prisoner was her Servant , and also the Deceased Mary Green; that about a quarter of an Hour, or ten Minutes, before the Fact was committed, she was standing at the Door, and the Prisoner carry'd out a Pot of Drink; and that, as she was walking about the Taphouse with the Child in her Arms, she saw Mary Green go down into the Cellar, and did bring up 2 Pints of Drink, one for a Customer, and another for herself, which she carried into a Box where she was at Dinner, and this was about 4 or 5 Minutes before the Fact was done; that the Prisoner being come in, went into the Room to the Deceas'd, and in about 4 Minutes the Prisoner call'd out, Madam Pray come here; that when she came to the Door of the Box, the Deceas'd was on the Floor, sitting on her Backside, and the Prisoner holding her up by the Shoulders, and the Blood running from her in a very great Quantity; that she said to the Prisoner, James, What have you done? he answer'd, Madam, nothing: Did you see her do any thing to herself? he said, No; but he saw her in the Cellar with a Knife in her Hand: That the Deceas'd did neither speak nor move, and seem'd to be dead; that she being affrighted, call'd her Husband, and ran for an Apothecary.

Mr. John Pain < no role > depos'd, That the Prisoner had been his Servant about 2 Years, and was a just and honest Servant; that he had, as his Wife depos'd, carried out a Pot of Drink, and that the Deceas'd went down and drew 2 Pints of Drink; and that when the Prisoner went into the Room or Box where the Deceas'd was, he threw the Door with an uncommon Violence, and in a few Minutes call'd his Wife; that when himself went in, the Deceas'd was sitting on the Ground, supported by the Prisoner; and that, tho' he was very near while the Prisoner and the Deceas'd were in the Box, which was an inclos'd one, but not up to the Ceiling to about 3 Foot, yet he heard no Noise, nor a Word spoke; and that when she came out of the Cellar, he saw no Knife in her Hand. It was also added, that about 9 or 10 a-Clock that Forenoon, a Man came there, who he heard had been a Sweetheart of the Deceas'd; that he sat down, drank a Pint of Drink, and smoak'd a Pipe; that the Deceas'd being washing some Rooms, came down Stairs, and sat down and drank with him, and trundled her Mop, and went up-Stairs again, and when she came down, she sat down a little while again, and he did believe the Man did kiss her, or whisper'd with her, for they sat directly over-against the Bar; that he saw an Alteration in the Prisoner's Countenance, and that he look'd ruffled; but he knew nothing of any Courtship to have been between them.

Mr. Saunders depos'd, That he dining that Day at Mr. Pain's House, the Prisoner drew him a Pint of Drink, and the Deceas'd spoke for a Tankard to be carry'd out of Doors; that while the Prisoner was gone with it, two more came in, and the Deceas'd went down and drew two Pints of Drink, one for the Men, and carried the other into the Box where she was at Dinner, and he saw no Knife in her Hand when she came up with the Drink; that soon after the Prisoner came in, and went into the Box to the Deceas'd, and in about 3 Minutes, or thereabouts, the Prisoner call'd out, and said, Madam, pray come here, and see what is done; that she went, calling Mr. Pain, saying there was Murder committed; they went, and found the Deceas'd and Prisoner in the Posture before related; that Mr. Pain call'd the Prisoner Villain, and said, He believ'd that he had done it, and he should give an Account of it before he was clear'd; that the Prisoner said, He was as innocent as the Child at his Mistress's Breast: His Master ask'd him how it came; he reply'd, he could not tell; but that when she went down to draw the 2 Pints of Drink, she carried a Knife into the Cellar; that when he came into the Room, he saw her leaning upon the Table, and said, James, I am a dead Woman: That seeing a great deal of Blood upon the Ground, he ask'd her how it came? but she made him no Answer, but tumbled out of the Chair; that thereupon a Candle was lighted, and Mr. Pain went down into the Cellar, and himself, some Stairs, but saw not a Drop of Blood; and added that the Prisoner was gone out of the House when the Deceas'd went down to draw the Drink, and they saw no Knife in her Hand.

Mr. Cox, a Surgeon depos'd, That about 2 a-Clock he was sent for, and coming immediately, found the Deceas'd lying on her Back and a vast Effusion of Blood, but her Lips chang'd when he came in, and searching, he found the Wound in the upper part of the Thigh, and it had open'd the Femoral Artery, and looking on the Table, he found a Knife among the other Knives, which Knife had a little Blood upon it; that he compar'd the Knife with the Cuts in her Cloaths, and also the Wound, and it answer'd exactly to all; that it was a broad-pointed Knife, yet had gone through an Apron, a quilted Coat, a Stuff-petticoat, and a course strong Shift, so that it must go with a very great Force to do that, and also to penetrate as it did 5 Inches into the Thigh; that the Wound went obliquely upwards, and, he thought, was scarce to be done by the Deceas'd, in the Posture she was suppos'd to be in; that the Knife also lay about 4 Foot from where the Deceas'd was sitting, as was said, and he was of Opinion, after the Wound given, she could hardly place it there; that such a Wound in that Part was so immediately mortal, that a Person could not live above 2 or 3 Minutes; that under her Chin, and under her Left Ear, and about her Elbows, there seem'd to have been some confinement or Violence used, so as to cause the Blood to stagnate, and prevent its circulating.

Mrs. Groves, that us'd to Wash for Mrs. Pain, depos'd, That about six Weeks before, the Deceas'd complain'd of the Prisoner's beating her, and that she could not bear it; that she show'd her her Head, and there was a great Bump upon it as big as an Egg, and she got some Rum and bath'd it; that the Prisoner had thrown a Candlestick at her, but it did not hit her: and that she had heard them quarrel several times; that the Deceas'd once said to the Prisoner, If you do me a Mischief, if I do not live to see it, I have those that will live to see you hang'd.

Mr. Baldwin depos'd, That being at Mr. Pain's about 9 a-Clock, and some Discourse passing among them, the Prisoner said of the Deceas d, She knows what's what; to which, as she was going up Stairs, she reply'd, I never had a Bastard; that soon after she came down, and wanted Tea or Sugar for her Mistress, and Mr. Pain being out of Doors, she said. He was always out when he was most wanted; that thereupon the Prisoner struck her on the Backside with the Poker, and said, You Sawcy Slut must my Master give you an Account? and he thought he look'd maliciously; that the Maid push'd him on the Shoulder, saying, What did you strike me for? and that he thought him to be an ill-natur'd Fellow.

Ann Duncarton < no role > depos'd, That about 7 Weeks since, she saw the Prisoner beat the Deceas'd in the Back-Kitchin, and that afterwards the Deceas'd said to her, Will my Mistress suffer this? She asking her why the Prisoner beat her? She said, Because she had taken some Sticks to light her Fire, that the Prisoner had laid by to light his.

Elizabeth Green < no role > , the Deceased's Mother, depos'd, That on Easter-Tuesday she came to see her, and she said, Mother, I have been wild, and have not kept my Places, but now I am used so barbarously by my Fellow-Servant that I cannot bear it; she said she should not, she would come and give her Mistress Warning; she reply'd, she was willing to bear as long as she could, because she was bare of Cloaths, and knew her Mother was poor, and incapable to get them for her.

The Prisoner in his Defence pleaded, That tho' they had had high Words, yet they never had had Blows, and that, that Day they were very loving together; and that he did not know that he touch'd her with the Poker; and as to the Man that came, with whom she drank, he only desir'd him not to give her more Drink than would do her good; that at Dinner-time, he had not ended his Dinner when he was call'd out to draw Drink: and that the Deceas'd went to draw two Pints of Drink, and having a Knife in her Hand, he ask'd her what she did with that? she reply'd, What is that to you James? That afterwards, when he had carry'd out Drink, he went again into the Box to Dinner, and saw her sitting, leaning her Head on the Table, and said to him, James, I am a Dead Woman; that he reply'd, Dear Mary, What is the Matter with you? and immediately, without making any Answer, she fell down dead; and when he call'd his Mistress he had not been in the Room a Minute. The Prisoner call'd several Witnesses to prove that he did not seem to be any ways out of Temper that Day. On a full Hearing of the Matter, the Jury acquitted him.




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