47. + Elizabeth Sevill proceedingsdefend , of St. Margaret's, Westmister was indicted for feloniously, wilfully, and of her malice aforethought, assaulting Mary Cartwright proceedingsvictim This name instance is in a workspace. and striking her on the fore part of the head, with a certain piece of iron, called a smoothing iron of the value of 2d. which she, Eliz. Sevill, had and held in her right-hand, and thereby giving to Mary Cartwright < no role > , one mortal wound and bruise on the second of Nov. last; of which she languished from the said second day of Nov. to the 22 day of Nov. and then of the said mortal wound and bruise died .

She was a second time charged on the Coroner's inquisition for manslaughter.

Ann Sandford < no role > . The Prisoner and Mary Cartwright < no role > the deceased were my servant s; they had been scolding with one another that morning; I was in the kitchen, when the accident happened, and did not know there was a blow given till the deceased fell down by me, and brushed my cloaths in the fall; I observed that her face was all bloody.

Q. How was this done?

Sandford. The girl-that is dead, said, the prisoner struck her with a smoothing iron, - the wound was given the 2d of November, and she died on the 21st day after she received the wound.

Q. Did you see the wound given?

Sandford. I was washing my hands then, I did not see the blow given. - I did not hear the blow.

Q. Had they been quarrelling?

Sandford. They had been quarrelling all the morning, but the deceased owned she had struck the Prisoner before.

Q. What did she say she struck her with?

Sandford. With her hand.

Q. What was the quarrel about?

Sandford. About drying a gown; the deceased had put a gown to the fire, and the prisoner pushed it away, and that made the deceased angry?

Coun. Did the deceased do your business afterwards ?

Sandford. She did the business for ten days after as well as usual.

Q. Did she complain of any thing?

Sandford. She complained of a pain in her head, and that she could not stoop very well.

Mr. Westbrook (Surgeon) About the 2d of November, I was sent for to the deceased; I found her in the kitchen; this lady, her mistress, was there, and the person who, as she said, had given her the blow, (the prisoner was then ironing) there was a small wound a little above the forehead (they scolded very heartily at one another, and I thought they were very much to blame.) The wound being done with an iron, I examined it very carefully, and it appeared to be no more than a common simple wound.

Q. Was the skull hurt?

Westbrook. The skull was bare, but it was not at all affected: before I leave the kitchen I would observe, that Mrs. Sandford reprimanded them both for scolding; and the Prisoner said, Madam, I cannot bear such usage from a fellow servant, for she has struck me twenty times, at least, to my striking her once.

Q. Did the deceased deny it?

Westbrook. Not at all. My Lord, where these unlucky things happen (for I should be pretty well acquainted with these things in forty years practice ) it is always my practice to wash very carefully : I attended her twelve days, and had very little complaint, and thought it would end well; and to save charges she came to my house to be dressed. On the 15th day I saw the deceased with a brush in her hand, scrubbing a very large-room; I advised her in matter of prudence not to do it, though I did not see any necessity for that direction at that time. The Prisoner quite scolded with the deceased, because she was so work-brittle, as they call it. The day after the 14th or 15th day, the Prisoner lay in bed, and did not rise (whether it was out of fullenness or not, because the other was not turned away, I can't tell) and would not take her food.

Q. Did you search the wound again?

Westbrook. The wound was very near quite whole, and no farther search could be made, but the symptoms increasing, I had a Surgeon joined with me, and we thought proper to make the operation of the Trepan, for I thought possibly I might find something remarkable upon the brain, but there was not the least mark of injury upon the skull; the symptoms still increased, and about the 21st or 22d day she died; I opened the head, and found in the middle of the brain, to my great surprize, a very large imposthumation, which I apprehend might be occasioned by the blow.

Q. Do you think the imposthumation was occasioned by the blow?

Westbrook. I cannot help thinking so, but I cannot be positive but that it might be occasioned from an inward cause, for she had frequently very great pains in her head.

Mr. Chiselden said, that he was sent for to the deceased; that about a day or two before her death the symptoms began to be very severe, and he thought there might be a fracture in the skull, and that there might be some blood settled under the wound, and therefore proposed the Trepan: he was not there at the operation, but he could not conceive how a blow that a person could go abroad with for a fortnight, and do their business as usual, and no blood underneath, could be the cause of her death; and how that could affect the brain, he did not know: but he said, these imposthumations do happen sometimes to those people who are very much troubled with head-aches: and could not comprehend that this blow was the immediate cause of her death. Acquitted .