Friday 13 June 1794 proved an unfortunate day for both mother-in-law and daughter-in-law. Both ultimately paid with their lives. One suffered a slow, agonising death. The other’s head was subsequently placed in a noose. Mary and Ann Scalberd are names long since forgotten, but in the summer of 1794 they must have been the talk of Batley and Dewsbury, if not Yorkshire.
The unusual name “Scalberd” has a number of spelling variations in the records, including Scalbird, Scalbirt and Scalbert. But, to avoid confusion, I will stick with “Scalberd”.
On 6 April 1760 Benjamin Scalberd, from Batley, married Mary Milnes at Dewsbury Parish Church. It appears clothier Benjamin and Mary had four children – John baptised on 16 January 1761, Mary on 21 March 1762 and Moses on 7 October 1764; there is also a burial for a second daughter, Sarah, on 4 May 1772, but I have not traced her baptism. All these events took place at Batley Parish Church. The same church hosted the marriage on 22 January 1787 of their son Moses to Nancy Oldroyd, daughter of Joseph Oldroyd. Like his father, Moses worked as a clothier.
Seven years later his wife faced accusations of murdering his mother.
Coroner Richard Linnecar heard evidence of the circumstances surrounding Mary’s death at the Batley Carr inquest on 21 June 1794. Witnesses included Mary’s son John and unmarried daughter Mary, along with Sarah Newsham, two surgeons and two employees of a third surgeon. Although none of the witnesses actually saw the incident, the dying woman told several of them what occurred.
Witnesses stated Mary Scalberd was very well on the morning of 13 June. That afternoon Ann, known to the family as Nance, begged Mary to come to her house to look after her children whilst she went out on an errand. Batley parish church records show the baptism of one child to Moses and Ann, a daughter Sally, born on 23 May 1793. However the statements imply the couple had at least one other child.
When Ann returned from her outing she insisted Mary eat some warm milk and sops she had prepared for the children. Initially Mary refused, saying the children needed it more. Ann continued to press her until eventually Mary gave in. When she reached the bottom of the pot containing the concoction she noticed a gritty substance. Challenged by Mary as to what it was, Ann claimed perhaps some lime had fallen into the container. One witness, John, stated his mother told him when she accused Ann of poisoning her, Ann left the room without uttering a word.
Within half an hour of having the milk Mary was taken ill. Her daughter, who lived in Batley Carr, and confusingly also called Mary, told the inquest she saw her mother later that afternoon by which time her now swollen body was wracked by violent bouts of sickness and diarrhoea. Her mother accused Ann of poisoning her. Mary stayed with her throughout these final agonising days, during which her mother suffered “the utmost misery and pain”.
The horror of her decline is unimaginable, both for Mary and those witnessing the scene. No indoor flushing toilets, plentiful clean water and disinfectants. Instead sparsely furnished, basic houses with few rooms and comforts, possibly not even a bed per person. And all the time unremitting episodes of vomiting and diarrhoea, with no treatment other than possibly pain relief.
Other visitors to the sickbed included Sarah Newsham, a married woman from Batley Carr. According to her, the rapidly declining Mary “constantly said that Nance Scalberd had poisoned her and if she died at that time she ought to be hanged”.
Son John Scalberd, residing in the Chapel Fold area of Batley, gave similar evidence. He saw his seriously ill mother on 15 June and her condition, combined with her allegations, caused him so much concern he immediately sent for a Dewsbury surgeon, George Swinton. The circumstances and her symptoms, including the uncontrollable vomiting and diarrhoea, led the experienced doctor to suspect ingestion of arsenic.
Arsenic was cheap and readily available during this period. Used around the house for vermin control, it was also popular with those owning sheep as a sheep scab treatment. In the 18th century this involved applying hand washes containing lime, mercury, nicotine, turpentine or arsenic. As a poison, it resulted in an excruciating death over a number of days. The symptoms included fluid accumulation, nausea, constant vomiting, diarrhoea which was often blood-streaked, excessive thirst, a feeling of pressure and swelling in the stomach, intense pain and distressingly, up until the end stages, the victim remained lucid. However many of these symptoms could equally apply to common illnesses such as English cholera, dysentery and diarrhoea. This, combined with the lack of a definitive test and rudimentary medical expertise about poisoning, resulted in only a small number of trials and convictions in this period.
The doctor was unable to do anything to save Mary. She endured agonising suffering for six days, before she finally died on 19 June. However, his suspicions meant he referred the case. Another eminent local surgeon was sent for, Benjamin Sykes of Gomersal. Both he and Dr Swinton opened up Mary for the inquest on 21 June. They concluded her death was the result of arsenic.The final two inquest witnesses worked in the shop of Dewsbury surgeon Robert Rockley Batty. They claimed that on, or just before 13 June, Ann Scalberd attempted to buy a penny-worth of white mercury (the name by which arsenic was known in Yorkshire) from the surgeon’s assistant, Henry Hudson. She claimed she wanted it for sheep. Hudson explained that they never sold it. His evidence was backed up by Peter Cannings, a book-keeper for the surgeon. Was this the errand Ann did whilst her mother-in-law looked after the children? To buy the poison with which to commit murder.
Mary was buried the day after the inquest, on 22 June, at Batley Parish Church. As a result of the inquest Ann Scalberd was committed to York Castle, charged with the wilful murder of Mary Scalberd. She would appear at the York Summer Assizes at the beginning of August. They took place in front of Sir Giles Rooke and Sir Soulden Lawrence.
Ann’s trial contained a very curious incident, subsequently cited in case law. During examination of one of the first witnesses a juror, Thomas Davison, fell down in a fit. The trial was halted and the juror carried off to a public house to recover. He failed to return and eventually another juror, accompanied by a bailiff, were dispatched to enquire as to his health. The juror duly reported back. Mr Davison would not be well enough to continue. Justice Lawrence discharged the jury and ordered the swearing in of another. This comprised the initial 11 well jurors plus another. The trial continued.
In the face of overwhelming evidence, including that Ann visited several shops attempting to procure the poison, the jury had no hesitation in delivering a guilty verdict to an impassive Ann. She was sentenced to death.
A second trial twist then occurred. Ann “pleaded the belly”. In other words she declared she was pregnant, knowing this could be a chance to evade the death penalty. The authorities would not execute a pregnant woman, as this would take an innocent life. If a woman was deemed “quick with child”, that is the foetus could be felt to move which was deemed the point when the unborn child had a soul, the execution would be delayed till after birth. Inevitably this meant it would not take place at all, the sentence probably commuted to imprisonment.
In order to establish the validity of this, a jury of matrons was convened. It comprised 12 older women, pulled together from those within the court room, with experience of pregnancy. They adjourned to a private room to conduct the examination.
Ann’s last-minute ploy failed. The women reported back – Ann was not pregnant. She would face the death penalty. One newspaper, the “Leeds Intelligencer” stated she now confessed her guilt. However the motive for murder remains shrouded in mystery.
Between 1735-1799, 703 death sentences were passed at York Assizes, resulting in 217 executions. Ann’s execution took place on 12 August 1794 at Tyburn, south of the city and the Knavesmire area which now forms part of York racecourse. This is the spot where highwayman Dick Turpin met the same fate in 1739. Ann was one of only three people hung there in 1794, and her execution is a rare occurrence of a woman receiving the death penalty. Her body was given to surgeons for dissection. Her husband Moses died within months and was buried on 7 December 1794 at Batley.This is my final post about Batley in my March focus on local history.
- The National Archives, Northern & North-Eastern Assize Papers, Reference ASSI 45/38/2/84B-84C – Ann Scalbird (Depositions) – Thanks to Carole Steers
- Batley All Saints Parish Registers
- Dewsbury All Saints Parish Registers
- Newspapers via the British Newspaper Archive, FindMyPast – Bury & Norwich Post 6 August 1794, Derby Mercury 14 & 21 August 1794, Kentish Weekly Post & Canterbury Journal 17 August 1794 and Leeds Intelligencer 30 June & 18 August 1794
- Poisoned Lives – Katherine Watson
- Capital Punishment UK – http://www.capitalpunishmentuk.org/
- British Executions – http://www.britishexecutions.co.uk/
- The New and Complete Newgate Calendar: Or Villany Displayed in All its Branches, Vol 6
- Cases in Crown Law, Vol 2 (1815)
- A Short History of Sheep Scab – J D Bezuidenhout
- Wellcome Images, Library reference no.: Science Museum A600213, Copyrighted work available under Creative Commons Attribution only licence CC BY 4.0 http://creativecommons.org/licenses/by/4.0/
- Wikimedia Commons – site of York Gallows by Jeremy Howat