Category Archives: Executions

A Batley Murder: “I Have Done it For Love”

On 31 December 1895 Tom Morley received a final letter at his Batley home from his brother Pat. Written from Armley jail on the eve of Pat’s death it read:

My dear Tom, I am very sorry to part with ye, but I hope I will meet ye in heaven, I will soon be in a better place withe [sic] the help of God I am preparing to go home to-morrow at nine o’clock, and I am leaving ye all my kind love. Let ye all pray for me this night and let ye pray for poor Lizzie that is gone before me. Dear Tom, I was no disgrace to you this 20 years in England untill [sic] now. Tom, it is my foolishness that left me here. It is hard work to rite [sic] this letter. Tom, I must conclude, and I am bidding ye all a long farewell. God be with you for ever. [1]

Pat Morley’s last night on earth was fairly restful. In the morning he ate a light breakfast, and was joined from 7am until 8.50am by Father Hassing, the Catholic prison chaplain. Prayers were said until James Billington, the government hangman, came for him.

Arms strapped to his side Morley was led to the chalk-marked drop point by a number of warders. Father Hassing, in the procession, recited the service for the dead in Latin. On reaching the spot, his ankles were strapped together, his face covered with a white cap, Major Knox the Prison Governor gave the signal and Morley dropped 7′ 6″ to his death.

One hour later he was cut down, placed in a black-painted coffin and the perfunctory inquest held confirming the death sentence had been duly carried out. Two more formalities ensued. The Declaration of the Sheriff and Others read:

We, the undersigned, hereby declare that Judgment of Death was this Day executed on Patrick Morley in Her Majesty’s Prison of Leeds in our Presence.
Dated this 31st day of December 1895 E Gray Under Sheriff of Yorkshire. James Knox, Governor of the said Prison. Anthony J Hassing Chaplain of the said Prison. [2]

The Certificate of the Armley Prison Surgeon (at this time the word Surgeon was also used to refer to a doctor, rather than having our 21st century understanding), Berkeley Moynihan stated he had examined the body of Patrick Morley and death was confirmed. Later Berkeley Moynihan was elevated to the peerage as the 1st Baron Moynihan. More recent readers may be more familiar with the 4th Baron Colin Moynihan, a British Olympic coxswain and a former Conservative sports minister, who was the grandson of the Armley prison doctor.

Old Gate Armley Gaol (edited Black & White) – Wikimedia Commons, Creative Commons License 3.0 (Share Alike)

It was all a far cry from Pat’s early life on a farm near Charlestown, County Mayo. In this countryside surrounds he was brought up with his three brothers and two sisters. But, as was the case with so many Irish, their homelands became but distant memories. By the 1890s one brother lived in Liverpool, another in Ripon and a third, Thomas, in Batley along with a sister, Bridget. Their father, however, remained in Ireland.

Standing at 5′ 7″ [3] Patrick was a thin, spare man, with sharp cast features and a somewhat ruddy appearance. Some went so far as to describe him as having an intellectual type of face. His most noteworthy features were his deep, brooding eyes – although Lucy Cooper, one of the witnesses giving evidence in front of the Magistrates in Batley Town Hall on 30 September, said to much laughter “Nay, he’s nowt in my line to look at.

In England Pat was said:

…to have been possessed of a good bit of pride, and, being able to command good wages, he has, to quote the words of one of his relatives, “not gone into the tap-rooms but into the best rooms, amongst the gents.” [4]

He met Elizabeth Stratton whilst working in Harrogate. She ran a lodging house in which he stayed. Born in Halifax in 1853 (so slightly older than the 35 years indicated at the time of her death), she was the daughter of John and Elizabeth Stratton (née Penny). She and her siblings, William, Mary, Joseph and James, grew up in Bradford with their father’s jobs including a labourer in a stone quarry and an earthenware dealer. Her parents died in late 1880 and, after initially working as a glass and China shopkeeper in Bradford, she moved to Harrogate. Described as a respectable, educated woman she was often seen in that town dressed in black, wearing a veil.

According to the same relative of Pat’s:

…seeing he had some good clothes and was a decent fellow who didn’t mix with the roughs, she married him. [5]

Their wedding took place in Harrogate at Christmas-time in 1893.

Within months though marital problems emerged. Although regarded as a quiet, steady, inoffensive man, it seemed Pat liked a drink. This caused him to became jealous of the lodgers. According to Tom “He was not a right drunkard but he spent his money in drink.” [6]

One jealous alcohol-fuelled incident saw Pat hitting a resident on the head with a poker.

When Lizzie arranged to remove her furniture from the house and leave, Pat barricaded himself inside and refused the removal men entry. She relented and returned to him, but as a result of his behaviour lodgers shunned Diamond Place, frightened away by the antics of the proprietor’s new husband.

The couple eventually left Harrogate, initially moving to Hunslet Lane, Leeds. It was here in July 1894 that Pat was bound over to keep the peace for 12 months after threatening his wife. A loaded revolver was found in his possession and taken from him – his brother Tom subsequently claimed in a statement to have thrown it into a river.

The couple came to Batley shortly afterwards (his brother reckoned about September 1894), living at Beaconsfield Villa. Here Pat worked for Batley Corporation as a labourer whilst Lizzie was employed as a power loom weaver at Sheard’s mill.

In July 1895, just before the expiration of his previous sentence, Pat appeared once again before the police court. It was a familiar charge: once more he’d made threats against his wife.

This time he was fined 40s and costs and bound over to keep the peace for six months.

He went to Harrogate to cool off and whilst he was away Lizzie, fearing for her safety, left the marital home. In early September she took lodgings at 1 Hirst Place, off Purlwell Lane, in the cottage belonging to Ellen Nutton and her married daughter Lucy Cooper.

Pat returned to Batley on 14 September for Batley Feast and immediately sought out his wife. In the following days he was a frequent visitor to Hirst Place, pleading with Lizzie to return to him. She refused, afraid he would harm her telling him “You know Pat, I daren’t live with you. You know you have threatened me so often.” [7]. At other times she said she would if he would “mend” and “if he would give over drinking.” [8]

After one rejection he briefly left Batley on 16 September and spent time in Harrogate then Ripon, where he purchased another bulldog-type revolver. He returned to Batley on 18 September and resumed his visits to Hirst Place, trying to persuade his estranged wife to come back. In one statement he said:

I kept begging her to change her mind, because I knew if she did not change her mind she would have to die for it… [9]

His final visit to Lizzie took place on Sunday 22 September. He arrived at around 1.15pm, whilst Lizzie was preparing dinner. Both Ellen and Lucy were in the room. He asked if she had been to church that morning, but she said not as she’d been too late.

Approaching 2pm, as Lizzie was snipping some parsley, he got up from his chair and moved towards her asking if she would lend him a shilling. It being Batley Feast time she too was short of money, having taken time off work to go to the jollities on the Saturday, Monday and Tuesday. As a consequence she had not finished the piece of cloth she was weaving (as a weaver she was paid by the piece).

Pat was now within an arms length of her. Saying “Get out Lizzie” he reached for his breast pocket, drew out the revolver and shot her once in the right temple. She fell to the ground at the feet of Ellen Nutton. She never spoke again.

British Bulldog Revolver – Wikimedia Commons, Creative Commons License CCO 1.0

In his police statement later that afternoon he claimed if she had given him the shilling he would have gone away.

Pat then put the gun to his mouth and, with trembling hands, pulled the trigger once more. Despite the revolver firing, for some inexplicable reason it missed him. The bullet was subsequently found to have hit the wall behind him.

By now Lucy was shouting the alarm and banging on the window. Fred Ashton, a young miner who lived at 8 Hirst Place and who had heard the crack of two shots, came to see what was going on. He apprehended Pat on the doorstep of the cottage and led him back inside. Pat calmly handed the revolver to Fred.

The police and the Batley police surgeon were quickly summoned. PC William Robinson, who lived only 120 yards away, was the first Batley policeman on the scene. He was the constable who dealt with the domestic dispute only two months earlier.

Police surgeon Herbert Keighley was unable to save Lizzie who died at around 2.30pm. As she lay dying Pat muttered “I am sorry. I hope her soul is in heaven” and “I have done it for love.” [10]

Ellen, described as a matronly-looking woman, claimed at his trial in December that she felt if he had held out for just a couple more days Lizzie would have returned to him. Her evidence, as outlined in the Judge’s notes in that final December trial, appeared to indicate he and Lizzie had “slept together” during his Hirst Place visits. The Judge wrote the word “cohabiting” in the margins. [11] Whether this is true, what is not in doubt is during those few days after Pat’s return to Batley in September 1895 they spent several hours together, both at Hirst Place and around Batley visiting friends – for example Bridget Cafferty’s home on Spa Street.

Lizzie Morley’s inquest took place before Coroner Thomas Taylor in the late afternoon of 23 September. It was held at the New Inn, a public house on nearby Purlwell Lane.

Her funeral followed on Wednesday 25 September, officiated by Rev. Father Charles Gordon of St Mary of the Angels R.C. Church.

A large crowd gathered at Hirst Place ready to accompany her body to the cemetery, doubtless eager to hear the latest gossip about the tragedy. Work colleagues carried the flower-covered polished pitch pine coffin with brass furnishings from the house to the hearse. The procession, headed by around a dozen weavers from her workplace, then wound its way through those gathered along the Purlwell Lane, Clerk Green and Cemetery Road route.

Chief mourners were Lizzie’s brother Joseph and his wife, her aunt and uncle James and Louisa Naylor (her mother’s sister), sister-in-law Emily Stratton and cousin Elizabeth Penny. Some reports estimated around two thousand witnessed the ceremony.

In the meantime Pat appeared before Batley Magistrates on 23 and 30 September. On both occasions large crowds gathered outside the Town Hall with townsfolk hoping to catch a glimpse of the prisoner as he was brought to court.

Interior of Batley Town Hall – Photo by Chris Roberts (edited by Jane Roberts)

The first hearing held in the small Committee Room meant only limited public access.

At the second hearing even bigger crowds gathered outside the building two hours before proceedings commenced. Even after the doors opened people continued to arrive, and the crowd swelled to such an extent during the course of the hearing that traffic was obstructed. At the end of this hearing Pat was formally charged with the wilful murder of his wife and committed to trial at the next Leeds Assizes.

His brother Tom was a frequent visitor to his brother in Wakefield Gaol, where Pat remained in good spirits and had not despaired of being saved from the gallows. Tom wrote to a number of Pat’s former employers to get character references for him. Responses included one from Major Gorman of Smeaton Manor, Northallerton and Mr R Routledge of Hick House, Northallerton. The latter reply was typical:

I am very much grieved to hear of the dreadful act your brother has committed. I cannot imagine but that he was either really drunk or insane at the time he did it. When working for me he was always so cheerful and pleasant. I am afraid that anything I can say would avail him very little…If you are not able to employ counsel the judge will, no doubt, order someone to defend him… [12]

Another ploy was to try to prove Pat was mentally unstable. When the case came before Mr Justice William Grantham at the Assizes held at Leeds Town Hall on 9 December, evidence was produced to this effect. It included a family history of insanity. Pat’s brother Tom said “he had not been right in his head these ten years” and his condition worsened after his marriage. Tom went on to say they had an aunt similarly afflicted. Their brother Michael had “not been square in the head” since birth; neither was their cousin Mary who emigrated to America. Bridget Rowan, their sister, who lived at Woodwell, Batley gave similar evidence as to Pat’s mental state. She mentioned her brother had stayed with her in the three nights prior to the death of Lizzie. Whilst here his state of mind deteriorated to the point that he was incessantly talking to himself. [13]

Justice Grantham by “Spy” (Leslie Ward) Published in Vanity Fair 15 March 1890 – Wikimedia Commons, Public Domain Image (Author Died in 1922)

The Judge sought the opinion of Berkeley Moynihan (spelled Barclay by the Judge), Armley Gaol surgeon, who rebuffed this. In his opinion he had ordinary control of his actions and was quite responsible for them. The Judge’s notations of the doctor’s evidence included:

He seemed to have ordinary memory and was quite like an ordinary individual. [14]

The jury was also unconvinced. After listening to evidence from a parade of other witnesses including Ellen Nutton, Lucy Cooper, Fred Ashton, Dr Herbert Keighley, Batley policemen PC William Robinson, Sergeant Smith Machell and PC William Craven, as well as Leeds City policemen involved in the 1894 Leeds domestic dispute, they found the prisoner guilty.

Pat now gave a long, disjointed statement in a strong Irish accent as follows:

I have your riverence, [sic] your lordship – I am here. No docther [sic] in Leeds to [sic] examine me. I am in a weak state of mind. Your riverence [sic] I hope you will give me a fair chance. I was more fit for the asylum at the time. I was away three weeks. She sold my home. I went away to Harrogate. I was drunk during the time. I had been sober for twelve months. I loved my wife. I did not want to shoot her. No, I was not the man. I told the doctor at Wakefield all the time I was there. I said my head was rising off me. I told the doctor in Armley Gaol that my head was bad, and it has been bad for a number of years, as my friends know. I hope you will give me a chance. I did not intend to shoot my wife. I only had this revolver to frighten her. She would not go back to live with me. I did not think the revolver would go off at the time. The revolver went. I thought I hadn’t it ready for going. I had no more mind to shoot her if I had to drop dead before ye gentleman. I am the wrongest. I am the innocentest man, though I did it. I have the best character of any man in the world. She sold my home. I went to Harrogate to take the waters. I was not drinking then. Gentlemen – your Lord, it is only a little revolver. I only did it to frighten her. [15]

The Judge, unmoved, donned his black cap, and passed a sentence of death. A woman in the gallery sobbed once, and Patrick Morley, staring blankly ahead, was hustled out of the court.

However, some did raise questions about the verdict, blaming the unprepared, inexperienced defence counsel. A piece in The Leeds Times of 14 December 1895 said Pat had:

…the appearance of mental derangement, of at least feebleness and abnormal stupidity, and I think there may be more in the statement of his having two near relations in Ireland insane than was disclosed…Patrick Morley may be an idiot or a brute or a combination of both, but he ought not be hanged if he is in a mental state that weakens his responsibility. I trust that full inquiry will be made into his history and into his condition of mind.

The Judge had no such concerns. His notes mention his belief that the prisoner displayed shrewdness. They also indicate one of the first questions Pat asked his Council was if he should pretend to be insane and what was the best way to do this. However, the Judge did request a post-trial medical report. Dated 17 December 1895, Henry Clarke – the doctor who had seen him regularly during his two-month sojourn at Wakefield Prison – stated that on his arrival there on 24 September there was no evidence of delusions or hallucinations. It was only on 1 October that he appeared dull, stupid and slow in answering questions. The following day he denied ever seeing the doctor previously, claimed he had never been married and could not answer even the simplest of questions. The doctor gave special instructions for his visits with family and friends to be monitored. In these he repeatedly spoke about his wife with regard to her ring and some property and suggested to his brother that he should get evidence as to some relative who had been in an asylum. Dr Clarke concluded:

In my opinion he was sane and responsible for his actions. I regarded his conduct under examination during the latter part of his stay here as assumed. [16]

The decision remained unchanged. Pat Morley, now in Armley Gaol, philosophically awaited his fate, the date for his hanging set for 31 December 1895. His penultimate letter to his brother Tom read:

My dear Brother, Sorry I am to write you this lonesome letter in my present state, and in the position in which I am placed as you perhaps have heard that I am to die in the last day of the year; and let ye all pray for me. I have the priest coming to see me every day. Dear Tom, if only I had taken your advice I should not be placed in the position I am. Poor Tom, you always advised me for the best, and I didn’t take it, but I thought, Tom, I would not come to this end. Dear brother Tom, I will tell you the truth now, I will. Poor Lizzie is now dead and in Heaven I hope, and the Lord have mercy on her soul, and I am here, as he know, waiting to die; I will tell you Lizzie has been the cause of all this. I am going to die for her now, Tom, and Lizzie has brought it all on me and to herself. I never intended to take her life. Dear Tom, I am very sorry for poor Lizzie. Let ye all pray for Lizzie, Tom. I did not think last Christmas I should be here this Christmas. Tom, if I had taken your advice I would not be here. My dear brother, I must now conclude with my kind love to you, Mary and family. May God bless you all, and let ye all pray for me, as ye know I shall soon be in another world, where there is no end, but everlasting life. Tom and Mary, I am bidding you all a long farewell. I am sending my kind love to Maggy and all the children, and I am leaving my blessing to all the friends and neighbours. Tom, don’t forget poor Pat. Good-bye, good-bye, good-bye. xxxxxxxxxx [17]

A few lines to his sister read:

You always told me to be kind to Lizzie, and I was good and kind to her, but she was bad to me and to herself. She was all the time trying to provoke me. I could tell you a lot of things she did to me, but I will tell you no more. All ye pray for Lizzie. [18]

And so the final day of 1895 dawned, with the chorus of sparrows chirruping from the eaves of houses near to Armley Gaol. It was unusually mild. It was the day 38-year-old Patrick Morley became the last man to be executed for a Batley murder.

Footnotes:

  1. Yorkshire Evening Post – 4 January 189
  2. Leeds Assizes, Patrick Morley, December 1895. Originals at TNA, Reference HO 144/266/A5749
  3. According to the Batley police statements used at the trial and held at The National Archives (TNA). Interestingly his HMP Wakefield records state 5′ 4½”
  4. Leeds Times – 12 October 1895
  5. Ibid
  6. Leeds Assizes, Patrick Morley, December 1895. Judge’s Notes of evidence of Thomas Morley, 9 December 1895. Originals at TNA, Reference HO 144/266/A57496
  7. Huddersfield Daily Examiner, Inquest evidence of Ellen Nutton – 24 September 1895
  8. Leeds Assizes, Patrick Morley, December 1895. Judge’s Notes of evidence of Ellen Nutton, 9 December 1895. Originals at TNA, Reference HO 144/266/A57496
  9. Leeds Assizes, Patrick Morley, December 1895. Patrick Morley’s statement to Sergt Machell and PC Craven at Batley Police Station, 22 September 1895. Originals at TNA, Reference HO 144/266/A57496
  10. Leeds Assizes, Patrick Morley, December 1895. Various witness depositions and in Judge’s Notes. Originals at TNA, Reference HO 144/266/A57496
  11. Leeds Assizes, Patrick Morley, December 1895. Judge’s Notes of evidence of Ellen Nutton, 9 December 1895. Originals at TNA, Reference HO 144/266/A57496
  12. Leeds Times – 26 October 1895
  13. Leeds Assizes, Patrick Morley, December 1895. Judge’s Notes of evidence of Thomas Morley and Bridget Rowan, 9 December 1895. Originals at TNA, Reference HO 144/266/A57496
  14. Leeds Assizes, Patrick Morley, December 1895. Judge’s Notes of evidence of Berkeley Moynihan, 9 December 1895. Originals at TNA, Reference HO 144/266/A57496
  15. Leeds Times – 14 December 1895
  16. Leeds Assizes, Patrick Morley, December 1895. Report of Henry Clarke, Medical Officer, Wakefield Prison, 17 December 1895. Originals at TNA, Reference HO 144/266/A57496
  17. Yorkshire Evening Post – 4 January 1896
  18. Ibid

Sources:

  • West Yorkshire Prison Records, Wakefield Prison. Accessed via Ancestry.co.uk. Originals at West Yorkshire Archive Service, Wakefield, England, Reference C118/151
  • Leeds Assizes, Patrick Morley, December 1895. Originals at TNA, Reference HO 144/266/A57496
  • Bradford Daily Telegraph, 24 September 1895
  • Huddersfield Chronicle, 10 and 14 December 1895
  • Huddersfield Daily Examiner, 24 and 26 September 1895
  • Leeds Mercury, 10 and 28 December 1895,
  • Leeds Times, 28 September 1895, 5, 12 and 26 October 1895, 14 and 21 December 1895, 4 January 1896
  • Lincolnshire Chronicle, 27 September 1895
  • Yorkshire Evening Post, 4 January 1896
  • Yorkshire Herald, 1 October 1895
  • GRO Indexes
  • 1861 to 1911 Censuses
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Mother-in-Law Murderer – Unlucky Friday 13th

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.

Batley Parish Church – by Jane Roberts

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.

Collection: 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/

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.

Site of York Gallows – Jeremy Howat. This file is licensed under the Creative Commons Attribution-Share Alike 2.0 Generic license.

This is my final post about Batley in my March focus on local history.

Sources:  

  • 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