264. (L.) Thomas Daniels proceedingsdefend was indicted for the wilful murder of Sarah his wife , by casting her out of a two-pair of stairs window : he stood charged, on the coroner's inquest, for the said murder, Aug. 28 . ++

Mary Allen < no role > . I live in Hare-Court, Aldersgate-street . About a quarter after ten o'clock on a Friday evening, in the month of August last, I was eating my supper, I heard a woman scream; I got up, and went to the window, and when I came there, she had done screaming. I heard her very plain and very loud.

Q. How far was the screaming from your house.

M. Allen. My house is three doors up the court, and I looked out of a on-pair of stairs window, I stood a little time, and heard her scream again; then I heard a man say something, but could not distinguish what; the woman said, my dear life, my dear soul, my dear creature, never no more.

Q. Where did that voice come from?

M. Allen. That came from the place where I heard the screaming.

Q. Repeat the words?

M. Allen. My dear life, my dear soul, my dear creature, never no more. After that, I heard a noise like the driving in of a nail with a hammer, or the fastening up of a door; when that was done, she screamed again, My dear life, never. I thought it was Daniels beating his wife, but I could not be sure.

Q. Why did you think it was from there?

M. Allen. I thought so by the voice coming so shrill up the court; I came down stairs, and stood at my street-door, and then I heard her scream out again, My dear soul, never no more. (This was a third time) I then shut my door, and went to the end of the court. I thought I would be convinced whether it was Daniels beating his wife in his room, or something in the street. I went to Daniels's house, and saw the street was all still; I looked up to his window, and observed the window half open; it was a two-pair of stairs window, it was a folding casement, two casements shut together in the middle; I stood near the house, and heard the screams again.

Q. Where did they come from?

M. Allen. They came from out of that two-pair of stairs window. I heard the prisoner say (I believe it to be him.) I heard a man say, D - n you, you bitch, will you ever come after me more. She said, My dear life, never no more; she then gave another violent scream, and came out of the window, and as she came out she was bent double, I saw her head first.

Q. Could you observe any body behind her?

M. Allen. There was no light in the room, and as she was coming out, she said O! save me, save me.

Q. Did it appear to be her own voluntary act to come out of the window, or that she was forced out?

M. Allen. I believe she was forced out, by the violent force she came out with, and as she was coming out, she said these words. She fell face-downwards stretched, her full length into the kennel, quite naked, not a thread upon her, no shift, no cap. At my screaming out, the people came out at the next door, I then ran and called Mr. Clark the constable.

Q. Do you know the prisoner's voice?

M. Allen. I don't know it when I hear it; the people went to secure the prisoner, and I went to the body, which was then taken out of the channel, and brought under the gate-way.

Q. Did you know the woman before?

M. Allen. I had no knowledge of her, I never spoke to her but once.

Q. Was the body quite dead?

M. Allen. No, my lord, she lived afterwards some hours; she was then sitting on the ground, supported up, and I saw the blood run from under her left-breast.

Q. Was there the appearance of a wound?

M. Allen. I was so much frighted, I did not observe it; she was then taken up, and carried into the room which she came out of at the window. I went up-stairs, and saw her lying on the bed, and a gentleman dressing two wounds, which she had on her left-hip.

Q. Was this soon after you saw her in the gateway?

M. Allen. It was not ten minutes from the time I saw her in the gateway, and in her own room. The croud flocked in very much. I saw the prisoner brought down stairs, before the body was carried up into the room.

Q. Where was he brought from?

M. Allen. He was brought out of the house where the deceased came from the window. I cannot say the same room, the constable perhaps can tell; he was in the constable's custody, and more assistance with him.

Q. For what purpose did you call a constable?

M. Allen. Because I believed the woman to be murdered.

Q. By whom?

M. Allen. By her husband; and I called the constable in order to apprehend him. I staid in the room but a little while; she never spoke, and I believed her to be senseless, speechless, and dying. I went again the next morning about seven o'clock, and saw her alive, but dying; and I was told she lived but half an hour after that.

Q. Was you before my lord-mayor?

M. Allen. I was taken with sits, and could not go.

Q. When you heard her call out, Save me, save me, did she seem to speak to any body out of the window, or in the room?

M. Allen. I cannot tell whether she spoke to be saved in the street, or to somebody in the room; but if I had not ran away, she would have fell on my head.

Q. Do you know whether she ever spoke afterwards?

M. Allen. I believe she never did.

Cross Examination.

Q. What height is that window, which she came out of, from the ground?

M. Allen. I cannot tell, I am not acquainted with heights of windows; it was a two-pair of stairs window.

Q. As you was in the room did you observe how high the window is from the floor?

M. Allen. I did not observe that, I know there was a table under the window.

Q. What sort of a casement was it?

M. Allen. I was a folding casement, it opens two ways; one of the casements was shut; it opens into Aldersgate-street.

Q. Did you observe a garden-pot standing on the out-side the window?

M. Allen. She touched nothing, but came clear into the street, she fell against nothing.

Q. What sized woman was she?

M. Allen. She was shorter than I am; but I believe stouter than I am.

Q. Did you hear a man's voice offering to throw her out at the window?

M. Allen. No, I heard nothing more than what I have said.

Mary Loveland < no role > . I knew the deceased, Sarah Daniels proceedingsvictim ; I heard a great noise in the room that night, between the hours of ten and eleven.

Q. Where do you live?

M. Loveland. I live almost opposite the prisoner; I heard a great squalling in Daniels's room.

Q. What room?

M. Loveland. A room up two pair of stairs.

Q. What sort of a voice was it?

M. Loveland. A woman's voice.

Q. Was you acquainted with her?

M. Loveland. Yes, I knew her very well; I heard her give a great scream, My dear creature, my dear love, you will kill me.

Q. Do you know whether she spoke to any body?

M. Loveland. I cannot say whether she spoke to any body or not.

Q. Did you know whether the prisoner was in the room at that time?

M. Loveland. No, I did not know that indeed; there was a coach coming along, and some more words were spoke, but I could not understand what she said, the coach making a great noise. My eyes were fixed upon the window: there was no light in the room; one half of the casement was shut, the other open. As soon as the coach was gone by, I saw her come out at the window. As soon as she came out, she said, Christ save me, save me. There was a woman going by the passage at the same time, I believe she saw her. She spoke those words just as she came out of the window.

Q. Did you hear any other voice in the room?

M Loveland. No, I heard none but her voice, and I saw nobody but her; I saw her as she came smash on the ground; I ran squealing down to my father, and told him, Mrs. Daniels is come out at the window; he unlocked the door, and ran over; he was in the bake-house with the men.

Cross Examination.

Q. How near is your window to the prisoner's?

M. Loveland. We live two doors lower on the otherside of the way.

Q. What sort of a night was it for light?

M. Loveland. It was a very clear night; I saw her come very plain out at the window.

Q. Did she seem to be forced out, or flung herself out?

M. Loveland. I cannot tell.

Q. Did you see any body else in that room?

M. Loveland. There was not a bit of light in the room; I looked, but could not see any body; I had a person standing by me, and I said, Mr. Daniels is beating his wife.

Q. Were there frequent quarrels between them?

M. Loveland. Yes, very often quarrellings; he used to beat her very much.

George Clark < no role > . I am a constable; Mrs Allen came and knocked at my door, and said, For God's sake come out, for Daniels has throwed his wife out at the window. I immediately went to his door, there was the watchman, and one Mr. Flude. The door is under the gate-way, that goes out of Aldersgate-street into Hare-court. When we got into the house, we went up into the two pair of stairs room, that looks into the street; there we found the prisoner alone, without hat or wig, coat or waistcoat. I laid hold of his arm, and asked him how he could be guilty of such a rash action, of throwing his wife out of the window, and asked how she came to be naked. He said, she pulled her shift off, and tore his shirt, and then threw herself out at the window. There was the shift was torn all down before, and all at the wrists. I bid him put on his cloaths, and said, he must go to the Compter. I could hardly tell whether the shift was a shift or not, it was torn so. He looked about the room, and seemed to be a little confused. Then some more people came up-stairs; he put on his cloaths, and we took him to the Compter. Then I came back, and went up-stairs to see the woman. When I first came out of the house, I saw her on the ground quite naked. The next morning I took the prisoner to the Mansion-house, there was Alderman Alexander; he said I should not have brought him 'till the coroner had sat on the body. Then he was committed by the coroner's warrant to Newgate.

Cross Examination.

Q. Did you observe the room?

Clark. I did.

Q. How high was that window from the floor?

Clark. I could go to the window, and lean upon it with my elbow, with a little stooping.

Q. How high do you think it is from the floor?

Clark. I believe it is about three feet high; there was a table stood underneath the window.

Q. Was any thing upon the table?

Clark. No.

Q. Were there garden-pots under the window?

Clark. There were, that window was half open; that is, one of the casements was open, and the garden-pots stood on the other side.

Q. What size woman might the deceased be?

Clark. A middle-size woman, a pretty well set woman.

Q. Did it seem to be a place where a man could throw a woman out of the window?

Clark. I thought it possible; I thought the table would rather be a help than a hindrance, as it was lower than the window.

Q. How large was the table?

Clark. It was about a foot over; I cannot be certain what sort of a table.

Q. Do you think it would support any body to stand upon?

Clark. I believe it would.

Q. Suppose one person was endeavouring to throw another out of the window, could not the person catch hold on the side of the window, in order to resist?

Clark. I believe they might.

Q. How wide was this casement?

Clark. It was about the width of a common casement; a person of a middling size could go through it.

Q. Do you think she could come out with her shoulders fronting?

Clark. I don't think she could; I think she must come sideways out.

Anne Harrison < no role > . I was looking out at a two pair of stairs window, the house of Mr. Loveland, where Mary Loveland < no role > was looking out; I heard, as I thought, a woman's voice squealing, and saying something that I did not understand. Then I heard her say, My dear creature, my dear love, don't kill me.

Q. Did you hear any answer to these words?

A. Harrison. No, I did not; I heard no other voice but that voice in the room, as I know of. There came a coach along in the interim, that prevented my hearing the words; but I heard a continual screaming and crying out, but could not understand the words, 'till the words she spoke as she fell; the words were, Christ save me, save me! To the best of my knowledge they were the words. I saw a woman go along the street, just under the gate-way, but I did not take particular notice.

Q. Did you observe any body in the room?

A. Harrison. No, I did not, the room was dark; I saw her on the ground, she was quite naked; I was not quite near her, but I saw her; I believe she never spoke a word after.

Cross Examination.

Q. How long was you looking at the window before the woman came out of it?

A. Harrison. I believe four or five minutes, to the best of my knowledge, but that I cannot say exactly. As the coach came along, I turned my head, wishing the coach farther. I heard the words, and my cousin catched hold of my arm, and said. Here she comes out at the window. I looked, and saw her lying on the ground; this was in an instant.

Q. Do you think she had not hung by the window-post?

A. Harrison. I believe she did not; if she had, I believe I should have seen her.

Q. Did you see any body pushing her towards, or out at the window?

A. Harrison. I did not.

Q. Did you hear any body crying out, Don't throw me out at the window?

A. Harrison No < no role > .

Q. Did you hear the window mentioned?

A. Harrison. No, I did not.

Thomas Godman < no role > . I am a surgeon, I saw the body, after her decease, in her own room, on the 29th of August. < no role > The wounds lay wholly on the left-side. From the upper-part of her ear, down to her ancle, the body was much confused. There were several wounds on her left hip-bone, contused wounds, all occasioned by the fall, I believe. The window out of which I was told she fell, is a very great height. The lower bone of her left-arm was fractured, and the wrist dislocated; seemingly, to me, as if she had put it out to save herself in the fall.

Q. What is your opinion was the occasion of her death?

Godman. I believe the injury received by the fall from the window was the occasion of her death.

Cross Examination.

Q. Could you, by any thing that appeared, form a judgment whether the injury done to her left-hand, was occasioned by her attempting to save herself by her hand at the window?

Godman. No, I apprehend it was by endeavouring to break the fall as she was coming to the ground.

Coroner. There is one Charles Hilyard < no role > , that lodged under the room of the deceased, could have given the largest account of any of the witnesses. He gave an account before me of a great struggling, and tumbling about the room over his head, before she went out, and some things very natural; but he will not appear, and thinks himself excusable, as he is not subpoena'd.

Court. Did you bind him over in recognizance to appear at this sessions?

Coroner. I did.

He was called, but did not appear, his recognizance was ordered to be estreated.

Prisoner's Defence.

That Friday evening I happened to be out 'till about ten at night, at the Nag's head in Houndsditch. I had three pints of beer, and a pint of beer along with a young man of my acquaintance. When I came home, my wife had locked me out. I found she was awake in the room. and she would not let me in. I went down stairs, and came up again, very serious and good-natured; and said, Sally, my dear, let me in. I took and put my back against the door, and broke it open. She came out of bed, and flew upon me, and tore my my shirt from my back almost, she hit me several blows. I said, Sally, what makes you do so? What do you use me so for? She tore her shift all off her back, and cap from her head; and pulled and tore every thing from her back, and tore all to pieces. I said, Sally, be easy, don't do so. I was sitting on the bed unbuttoning my breeches, she took up something, as my back was towards her, and struck me over the side of my head, which perfectly stonn'd me. With that she flew out of the window directly, and cry'd out, as she went down. Save me, save me, the last words she said. She was gone in an instant, there I sat upon the bed as Mr. Clark found me. The door was open, just as I broke it open, when he came up, I never offered to nail the door, or put any thing to the door. When he came up, he said, How came you to throw your wife out of window? I said, no, I did not, she throwed herself out, as I am a living man. God Almighty is my witness.

Q. to Clark. When you apprehended the prisoner, did you observe any mark on his head, as if he had had a blow given him?

Clark. No, I observed none.

Q. Did he say, she had hit him?

Clark. No, But he said, she throwed herself out at the window.

Prisoner. She would take a poker, and knives, and any thing, to strike me with; that was her common way, and to call out in that way; she did scream out in the room. I said, my dear, what makes you do so? I speak nothing but the truth, so help me God. There was one time in particular, she broke two or three of my great sash-panes in her passion. She would take and knock her arms through the windows, take quar-tpots, and throw at me; and if I wanted to take them away from her, she would cry out, Don't, don't, don't; save me, save me; that was a common word.

For the Prisoner.

Joseph Holmes < no role > . I being church warden of the parish, I had the vault of the work-house emptied, it was a very large job to the former church-wardens; they used to make two nights of it, I got a man to do it in one, and treated him at the Cock and Crown, and staid till half an hour past 10 o'clock, I came that way home, I came under Mr. Daniels's window. I saw two young women, or three, and a young man, they were talking in a civil way, at the door of Mr. William Tisser < no role > . I chose to stop to see what past there, and leaned upon a post, under Daniels's window, within three steps of the wall; I take it then to be 35 minutes after 10. I heard no noise, nor saw nothing. I went home, and went to bed; and at eleven, was rung up, being the chief officer, and within three doors of Mr. Daniels. In the morning, about half an hour after six, some-body came and said, there was a murder committed. Now I will tell about the room. I went about half an hour after six, I do not know whether I did not see her expire myself. There was the mother, and a great number of people crying and youling; saying, she was murdered, I said, for God's sake, good people, let the door appear open; I went to see if any blood appeared under the window, there was none. I looked to see the situation of the room there was a chest of drawers, a table, a low chair; the window is as high a window, as is any where in common. I saw no blood at all, and if there had been any struggle, by a man's forcing a woman out at the window, the window must be broke; there were garden-pots standing on the outside the window.

Q. What window do you speak of?

Holmes. I speak of a two-pair of stairs window, there is but one window in the front, it opens with a double casement.

Q. Did the garden-pots stand in that part of the window that was open?

Holmes. It may be a foot on the left-hand side, the side that was not open.

Q. Did it appear to you practicable for a man, with a table standing under the window, to throw her out at that window?

Holmes. There was a chair; I rather think she must go to the window, to call out for assistance, and even balance herself in the hurry, and so tumble; I apprehend the chair was always standing there.

Q. What size woman was she?

Holmes. She was a shortish sort of a woman; I think it is impossible to throw her out, without breaking the glass, and there is but one pane broke now.

Sarah Frances < no role > . I knew the deceased. I have been in the room she came out of, a great many times. The bottom of the window I take to be much about the heighth of my hip, or rather higher, from the floor. I followed her quick after she was carried up in the room. I saw one casement shut, the other open. There was a table under the window, and a chair joining to it. I perceived no blood in the room at all.

Q. Do you think a man could force a woman against her will, out at that single casement?

S. Frances. No, Sir, she might have continued some time by grasping; because one half was fastened to the two irons, one on the top, the other at the bottom. The casement that was open, was about the breadth of one.

Q. Do you remember when there has been any dispute between the prisoner and his wife?

S. Frances. There has been several between them. I have heard her threaten several times, she would kill him. I have heard her cry out several times; and once I carried a pot of beer up, I looked through the key hole; and at that time, he was not near her when she cried out, Pray, dear Daniels, let me alone, he did not meddle with her. The key hole was so large, I could see from the chest of drawers, to the window. And when the door was open, she wanted to go out, and he would not let her.

Sarah Furman < no role > . I know this room. I do not think it possible, that a man could force a woman out at that casement, when that table stood there, without breaking the window, without she was willing. I knew the woman before she was married, the wedding was kept at my house. It is a yard and quarter to the window, where she went out.

Q. Was the single casement that was open, wide enough for a woman to go out at, for the whole breadth of her shoulders?

S. Furman. It was; when I went into the room, about 11 o'clock that night, there were three garden pots in the window. I think nobody could force me out there, without pulling all the pots down; one of them stood very near to the front of the window.

Q. In that part that was shut, or that open?

S. Furman. That that was shut.

Mary Hunt < no role > . I saw the accident happen. I was looking out at my window privately, on the opposite side, and saw the woman come out at the window. It was at a two story window.

Q. Was it light or dark?

M. Hunt. It was not light, it was rather duskish.

Q. Did you see any body behind her, or push her?

M. Hunt. No.

Q. Did you hear her make use of any expression, which would lead you to believe, she was forced out of the window?

M. Hunt. She cry'd out. for God's sake, or Christ's sake, save me, save me, as she was falling. I was but that instant come to the window.

Q. Can a person, in your apprehension, throw a person out of that window, and a table under the window, without her making some resistance, by holding by the side of the window?

M. Hunt. I think she might have resisted a little.

Q. Was any body with you at that time?

M. Hunt. Ther e were a great many in the room with me.

Q Did you hear any other voice in her room?

M. Hunt. I did hear a voice in the room, but could not discover what it was; it was like a voice screaming. I could not distinguish what were the words, but I heard a screaming before she fell; and I heard a bustle, but could not distinguish what it was.

Mary Clark < no role > . I was at the same window with the last evidence. I heard a cry out, then I flung up the sash, and at that instant, the woman came out, I saw her very plain.

Q. Did you see any behind her, or by the side of her?

M. Clark. No.

Q. Did you see her hang by the side of the window?

M. Clark. No, she appeared to me to come out all at once.

Q. How wide is the street?

M. Clark. It is a wideish street, Aldersgate-street.

Ann Archer < no role > . The prisoner at the bar served his time to me, he was a good apprentice, with good words, one might wind him to any thing; he loved his wife to distraction before he married; all his friends were against the marriage.

John Furman < no role > . I have known the prisoner above 20 years, he always behaved as a sober lad. I always took him to be a good natured affable man.

Joseph Furman < no role > . He was journeyman to me at this time; he appeared to me a very well behaved man. I saw no cruel disposition in him in my life. I look upon him to be a very good natured man. I have known him 20 years.

Moses Owen < no role > . I have known him about 12 or 13 years. I always took him to be a very civil young fellow.

Richard Stokman < no role > . I have known him about three years, he was a shopmate of mine. I never saw him in liquor in my life; I look upon him to be a good natured man.

George Bolton < no role > . I have known him about five months, I look upon him to be a good natured, humane, civil man, as ever I wish to see. I keep a publick house, he work'd opposite my house, he used my house for a pint of beer, twice a day; his wife came frequently, and would abuse him in a very indecent manner. The same day that the murder was done, he and two others, had some beef-steaks, and two or three tankards of beer. His wife and wife's mother came, she began to abuse him in a terrible manner; he called her dear, and got her to sit down and drink; he said, don't be uneasy, I will go home presently. He owed me 18 d I chang'd him half a guinea. He lent her mother a 6. and 9 d and gave her 2 s When they had drank three tankards of beer, they went out all three together. After that, I saw him in Smithfield; he told me had bid four guineas for a horse. He came to my house again about seven, and had six-penny-worth of rum and water, and then went away I never in my life saw him out of temper, or heard him swear an oath; but he would sometimes swear D - mn my breeches

Guilty Death

This was on Friday, and he received sentence immediately to be executed on the Monday following, and his body to be dissected and anatomised.