614. ELIZABETH ROCK proceedingsdefend was indicted for the wilful murder of Elizabeth Young proceedingsvictim , spinster . June 10th

MIRANDA GORDON < no role > sworn.

On wednesday the 10th of June, two gentlemen quakers called at the house of the prisoner, and enquired whether one Miranda Gordon < no role > lived there; after seeing me and asking me several questions, they gave me a trifle of gold, taking the deceased to be the landlady of the house; they called to her, and begged she might stand by while she heard the trifling conversation that passed between them and me; one of them gave her half a crown and desired she would take particular care of me till he should call in the afternoon, upon which he withdrew; the prisoner came to me and told me I had got a quantity of gold and she demanded half of it; but I refused to give it her; she told me it was the custom of her house that all her lodgers should give her half of what money they received; I told her that if she had any demand the maid should have a trifle for the while the gentlemen staid, if she demanded half a crown she might have it, which she did; she also demanded the half crown of the maid, Eliz. Young, which she refused to give her; but to pacify the prisoner she went to market and bought dinner for better than half the money, but that did not satisfy the prisoner, and a quarrel ensued which continued the remaining part of the day; Elizabeth Young < no role > went as I suppose to a publick house and got a little in liquor; which she came home she was coming in at the door; the prisoner went to the door insisting she should not come in, and the deceased still insisting to come in, the prisoner lifted up her hand and gave her a blow on the stomach.

With a clinched fist or how? - I cannot say, I suppose with her clinched fist, but I cannot be positive, she gave her a blow in the stomach and pushed her down and she fell into the kennel, and with the other hand the prisoner shut too the door; I took the candle to run up stairs, but in going two or three steps I heard a violent shrieking, which occasioned me to return; and on going to the door I saw the deceased; two or three people were bringing her in at the door, not knowing her to be so bad I went out of the house and slept out that night; at ten the next morning I returned again; the deceased called to me, she called me Nancy, as my own name was rather difficult to pronounce; she said Nancy, Nancy, look at my leg; saying, she believed Mother Rock had killed her; I looked at her leg and found it swelled amazingly; I came down to the prisoner and told her Elizabeth Young < no role > was in a bad state of health, and that if she did not immediately send her to the hospital, or send for a surgeon, she would be a dead woman; the prisoner desired me to mind my own business, and said she would do neither the one nor the other; she continued that day and the next, during that time I saw no manner of nourishment provided for the deceased but a few-eels on Thursday, which she could not eat; on Friday night I sat up with her till about twelve o'clock; the prisoner called out to me at twelve and desired me to go to bed, and said she would admit nobody to sit up in her house, especially a stranger; at seven next morning she called to me and desired me to come down stairs for she believed Elizabeth Young < no role > was dead.

What time was the blow given? - On Wednesday; she died on Saturday morning; I found her dead upon the floor when I came down.

Court. Who attended her? - No one; the parish sent a surgeon to examine her after she was dead, but she had no attendance while living that I could see, nor no manner of nourishment given her.

What time on Wednesday did you see this? - The gentlemen gave me the money between nine and ten on Wednesday morning; at about nine or ten at night the accident happened.

Then you did not see her fall? - No.

How came you to call it a push before the coroner? - I said before I could not tell whether it was with a clinched fist or no; I saw her lift up her hand towards her, and with the other hand she shut too the door; the door being a heavy door and shutting too pretty fast, hindered me from seeing her.

Cross Examination.

Counsel for the prisoner. What country woman are you? - My Lord, I am not come to inform the court of that; I beg pardon for lording you; (speaking to the counsel) I will not tell; it does not concern the cause.

Are you ashamed of your country? - That is a matter of no concern.

How long have you lodged in this house? - A fortnight and a day I believe.

You say two quakers came to you? - There were.

Are you a quaker? - I am not to tell.

Court. If any of these circumstances should happen to be material you will be obliged to answer? - But they are not material my lord.

Court. You are not to judge of that, if the court insist upon your answering, you must.

Counsel for the prisoner. Because she has worn.

Court. You took the oath very willingly and freely, you made no scruple? - None; because I have nothing to say but what is truth.

Counsel for the prisoner. You lodged there about a fortnight? - Yes.

This evening after this accident happened, did you go into the next door? - I did not; I went by the next door.

Had you been at the next door the next morning? - I had never been within side the next door in my life till Rock was taken prisoner. I stood at the window, and had been speaking to them how cruelly Rock used the maid, and ill used me in scolding me, because I did not give her part of my money.

How came you to swear now that the prisoner gave the deceased a violent blow, and before the coroner you said a push, can you reconcile that? - She lifted her hand, and gave a blow, I told his Lordship I could not tell whether her fist was clinched or no.

Have you had a quarrel with the prisoner? - Never in my life.

You speak warm against her? - Nothing but for justice; what I do is against my will that I was ever brought an evidence; I was kept prisoner some days in the Compter, but I must tell the truth when called upon.

The steps are very near to the door? - They are.

A small push I believe would push any body down at the door? - I don't know but it may; I am not to tell that, I never tried it.

Whether a small push would not push a person down into the alley from that door? - I don't know but it may, but I never tried.

You swear positively that there was a push? - Positively I swear that there was a push.

WILLIAM LUTWYCHE < no role > sworn.

On Wednesday the 10th of June at about ten at night, I am not certain whether the clock had struck or not; my wife informed me that she heard some groans; I followed my wife out of the house, which is next door to where the melancholy accident happened, into the court; there I found the deceased in the kennel; I asked her how she came there; she said Mrs. Rock (the prisoner) had just pushed or shoved her out, I am not positive to which expression, she called out Sukey, Sukey, come up, help my lame leg, my leg is broke, and I am a dead woman; a lodger of mine who was behind me, one Thomas Bailey < no role > and me were endeavouring to get her up out of the kennel; we got her up, the door was then shut as she sat by the side of the steps; the deceased had been endeavouring as 'I think to get away by herself, without calling for assistance, but the door being shut I knocked at it and it was immediately opened; I am not positive whether by Miranda Gordon < no role > or the prisoner, but the door was immediately opened, and we saw them both in the entry of the passage; we carried her through the entry into a parlour which is adjoining, and put her upon a settee bed then we got a chair and put up the broken limb; the deceased looked very wistfully and very wild (I believe that was through liquor) at the prisoner, and said, you have been my bane, God forgive you for I do; the prisoner said, poh! poh! woman don't make a noise here, come get out of my house all of you; then we all went out of the house, except the witness Gordon, the deceased, and the prisoner; and from that time I know nothing more till I heard she was dead on the Saturday which was preceeding.

Cross Examination.

What age was the deceased? - A corpulent elderly woman, and lame withal; she had an iron upon her leg and she was the worse for liquor.

She loved a glass of gin? - Yes, as well as any body else, or brandy, or any thing of that kind, nothing would come amiss.

THOMAS BAILEY < no role > sworn.

About the hour of ten at night in the month of June; I was just going to supper at Mr. Lutwyche's, Mrs. Rock flung this Mrs. Young < no role > the deceased into the kennel.

Did you see her do it? - No, we found her in the kennel; the deceased called out for God's sake for somebody to come and relieve her, to help her up; she called out for Sukey Napier, who was out of doors, to help up her lame leg; for Mrs. Rock she said had pushed her out of doors and broke her leg; she begged us to help her up, and help her in doors, we took her in; as soon as we took her in doors the prisoner desired us to walk out, and asked us what business we had in her house; we walked out; as soon as the deceased got in she said to Mrs. Rock, you have been my bane, but God forgive you, I do.

ABRAHAM FREELOVE < no role > sworn.

I happened to be in the court, hearing a woman cry out, I ran to her assistance and found the deceased in the kennel; I went to help her up but she was rather too heavy for me to lift; some other people came and helped her up, and we set her upon the step; we knocked at the door and the door was opened, and the door was shut again against the deceased with these words that she should not come in there, that she was a drunken bitch, or drunken whore, I will not be positive which were the words, I stood below. The deceased said, Mrs. Rock is the person that has murthered me, I am a dead woman, or dying woman, I don't know which; the word she used was either murthered or killed, or was the cause of her death; she charged Mrs. Rock with having shoved her out of doors.

SUSANNAH NAPIER < no role > sworn.

As I was in Church-yard court, a young woman came and said Sarah Young < no role > was in the kennel; I went to see her, she begged I would lift up her lame leg, as I knew which it was, I did; I asked her how she came to fall in the kennel, she said, Mrs. Rock had shoved her out of doors, that her leg was broke; and she was a dead woman; we got her in with great difficulty, we put her upon a settee bed in the room, and put her leg upon a chair; she turned to Mrs. Rock and said that she had been her bane, but hoped God would forgive her, and she did likewise; Mrs. Rock insisted upon e very body going out of her apartment, which we did, and I saw no more of her.

ELIZABETH LUTWYCHE < no role > sworn.

On the tenth of June I heard Mrs. Rock's door shut very hard; presently I heard some body scream and groan, I went out with my husband; we saw Sarah Young < no role > in the kennel; he asked her how she came there, she said Mrs. Rock had pushed her out, and her leg was broke; I held the candle while they carried her in and came away directly.

Mr. BENYON sworn.

I am a surgeon; I examined the body of Elizabeth Young < no role > ; I was called there on the Sunday after she died, by the desire of Mr. Wagstaff the overseer. I could find no marks of violence, except the fracture of the leg; I take that to be the occasion of her death; it was very much tumefied and very black; I imagine that occasioned her death by not having timely assistance; if she had had assistance directly, she might have stood a chance to have saved her life.

It was her lame leg? - Yes.

She had a very bad habit of body? - Yes, I imagine so; she might have stood a better chance if she had had a healthful body; but living so bad a life it brought on an inflammation.

PRISONER's DEFENCE.

She was very much in liquor when she came in; I was in a passion with her; I said Betty Young < no role > how can you serve me so; she said where she had been, she would go again; I said then you shall stay out all night; I thought she was off the step of the door and I slapped to the door; I don't deny what I did: she was a woman I loved as I loved my soul.

Miranda Gordon < no role > . During my stay in the house I always took them for two sisters till this accident happened; they acted as two sisters: when I took the room it was of Young, I did not see Rock.

Court. How came the surgeon not to be sent for in two days?

Gordon. That I don't know; I desired a surgeon which was refused.

Prisoner. There was a doctor came.

Gordon. Yes, after she was dead.

For the prisoner.

EDWARD TURNER < no role > sworn.

I believe you are the watchman? - Yes; after some time I came; Young was then in the house; I was calling the hour of ten; Mrs. Sanday at the Swan said, Mr. Turner when you have done your hour I will be obliged to you to come to me; I did go there; she said Mrs. Rock and Mrs. Young had been drinking, and that Mrs. Young could not get up stairs; will you go and lend her a hand up stairs? I went; there was the prisoner and Mrs. Young sitting silent together in their own apartment. Young said, lend me a hand up stairs, I said I would if she would get up upon her legs; she got up, laid her hands over my shoulder and I helped her up stairs; she said undo my iron, which I did; she desired me to put some brandy upon her leg; I got her to the bed-side, pulled off her shoe and stocking; I said, for decency, pull off her petticoats and I will rub the remainder of the brandy upon her leg. I have known them three years, they were always loving and in unity like two sisters; there was always never no words; the prisoner was always very kind and humane to her.

Court. What did you apprehend was the matter with her when you rubbed her leg with brandy? - She said something was the matter with her leg.

Court. Did not she say her leg was broke? - She did not say it was.

Court. Did you think her leg was broke? - I did not think it was; I left her that night and went next morning again.

To Mr. Benyon. Whereabouts was the fracture? - Just below the knee.

Was it upon that leg she wore an iron to? - I cannot tell.

Court. Could she have walked? - No, both the bones were broke.

SARAH HANCOCK < no role > sworn.

I have known the prisoner five years; all the time Elizabeth Young < no role > lived with her, I always looked upon them to be two sisters; she behaved very humane to her in every respect.

MARY SANDY < no role > sworn.

I live in the neighbourhood; I have known the prisoner and the deceased going on three years; they were very friendly and sociable; they lived like two sisters; I came home that night and found the deceased very much in liquor in my house; she said her friend and she had fallen out, I said be of a mild temper; she said she would, and would go home; she went out of my house at about a quarter before ten, somebody came and said, Mrs. Young was pushed out of doors into the alley; I went out to see, and Lutwyche and another man were helping her up; I asked Lutwyche what was the matter, he said Mrs. Rock had flung her down, the deceased said it is no matter to you, Mr. Lutwyche; whatever Mrs. Rock has done to me is nothing to you; I went into the house afterwards, and she was examining her knee; I asked her if her iron was broke or any of her straps broke; she said no, if I would send some brandy in to do her leg, she would be obliged to me; I did not understand at that time that her leg was broke; I knew the person that helped her in and the prisoner were not on good terms; he asked what she shut the door for, she said that was no business of his and bid him go out, and he civilly went out; I sent in the brandy by the watchman to do her leg, and bid him not come out till she was in bed; they were both in liquor; he said afterwards I had given him a hard task, but he had got her to bed; I asked in the morning how she did, the prisoner said, she believed pretty well, all her cry was for liquor; she said, she was a little feverish; I said if she could not do for her, she had better send her to an hospital; she said why did I say that; while she was with her she should want for nothing; I heard no more till Saturday, when the prisoner told me she was dead.

To Mr. Benyon. Are you positive that there was a fracture of the leg? - I opened it and there was; it was a simple fracture, not a compound one; both bones were broken.

Counsel for the Prisoner.

Then as there was a great swelling, ignorant people might not be able to judge whether there was a fracture or not? - No man I think could be so ignorant as to over look it.

Does it not frequently happen that an inflamation must be got rid of before the fracture can be dealt with? - By internal and outward applications.

(Two other witnesses deposed that the prisoner and the deceased lived together upon good terms.)

Not Guilty of Murther, but Guilty of Manslaughter only . B. and Imp. 1 Year .

Tried by the London Jury before Mr. RECORDER.