Newcastle Weekly Chronicle

March 7th. 1829

NEWCASTLE ASSIZES.

Thursday, March 5. 1829

MURDER

Before 8 o'clock this morning a number of persons had assembled in court, so great was the interest excited by this trial, and by the time that the proceedings commenced the court was crowded in every part.

The following jurors were called into the box: Joseph Hornsby, Roger Barrow, Robert Monro, Lawrence Hewison, David Talentyre, Richard Nicholson, James Guthrie, John Scott Jnr., Robert Renwick, Fenwick Loraine, Thomas Hall and Mark Young, jun.

JANE JAMESON was charged with the wilful murder of her mother, Margaret Jameson, on the 2nd.of January last. There was a second count varying the manner but not affecting the capital charge.

Mr. Ingham opened the proceedings by stating the charge, and Mr. Cookson detailed the circumstances to the jury as they were to come out in evidence, promising that he should most carefully abstain from stating any fact that he should fail to substantiate, as nothing was further from his mind than a wish to create a prejudice against the prisoner.

MARY CARR by Mr. Cresswell. I am wife to Charles Carr, a keelman: I live in the Keelman's Hospital in No. 3: I remember Margaret Jameson: she lived 3 rooms from me, on the ground floor: the same passage leads to both. No one lived with Margaret Jameson, but her daughter came backward and forward to see her. I saw the prisoner there on the Friday: it was the day after New Year's Day. I heard her there before I saw her. They were at high words. It was then turned two o'clock. I was going to the midden with my ashes, and, hearing words, I looked in at the door, and saw a weapon in the prisoner's hand, held in a very threatening manner to her mother. It was a poker. The mother was standing on the right hand of the fireside, and the daughter on the left. I think they were not a yard from each other. She was pointing the poker at her mother. The prisoner's own hand was in front of her breast. There was no one in the room but them two selves and God. When I saw this, I went to the midden. It could not be a minute before I returned when the prisoner came to the door shouting, 'my mother-my mother.' She was in liquor. I did not go in. I was afraid of her. I saw Ann Gibb go into Jameson's room before I went into mine. Next day, between 11 and 12, I saw Margaret Jameson. She was in bed, and could hardly speak: her voice was very weak. I saw a large wound in her breast, it was bleeding then. I never saw her again.

By the Judge.-Margaret Jameson was not in liquor.-The prisoner had a good deal of liquor in her. The prisoner was not sitting sleeping, she was standing upon her legs.-The door was open. I did not hear her call 'Betty Miller, Betty Miller,' but she might have done so. They were at high words, but I don't recollect what they were quarrelling about. They were both at high words. The mother was a good-tempered woman. She was an elderly woman---never knew blows between them before this time. I never knew the mother lift her hand against the prisoner. I went close by the door. The prisoner would hear me go by, and see me too. I don't know that she did see me, but she might. I think she could hear me very well. There never were any words between me and the prisoner. The prisoner was not there when I saw her next day. The mother's hand was not held up.

Ann Hutchinson, by Mr. Ingham.-My mother, Jane, lives at the Keelmans' Hospital, in a room next to Margaret Jameson. I can hear in my room what passes in her's; I was in my mother's room on the 2d of Jan.; I heard voices about half-past two; I heard her daughter's voice only at first; after the daughter's voice I heard the mother's; they were at words; I heard the prisoner say, ' you old, lousy, stane-naked, kill-good-man ------;' I heard her mother, in reply, say, 'no, you whore! I did not kill my man, but you killed your two bairns;' I heard nothing more till the mother gave a great shout, and said, 'Oh! dear me;' I got up and went in immediately; I found only the daughter and herself. Her mother was sitting on the floor; the prisoner was at her back bearing her up; I said to the prisoner, 'what's the matter with your mother?' she said' 'my mother has fainted.' I said, 'Jin, you've killed your mother!' She said 'no, I did not kill my mother, Billy Elly killed my mother.' I know William Ellison, he was not there then, I had not seen him there that day; I lifted the mother off the floor; the prisoner helped me. Fortuna Turnbull and Margaret Duncan had come in at that time. Margaret Jameson appeared to be dead when I saw her; she had not come to herself when I put her into bed; I saw blood running down her left breast; I saw no oakum lying about at the time; I saw a poker in the middle of the floor; I think I would know it if I saw it; I never saw Margaret alive again. The room floor is flagged; there was no yetling pot on the fire.

Mr. Alexander (handing a paper to the judge).-'What I have bracketed, my Lord, is new.' His Lordship had previously requested Mr. A. to watch the depositions.

The Prisoner.-She has not spoken a word of truth; Billy Elly was not there. Judge.-No, she did not say he was.

By the Judge.-It is a good while ago since they were examined. When I was examined first, I did not give an account of what the prisoner and the mother said. I did not like to tell them then; but I thought that I should not do justice forenenst my God if I did not tell all I knew now. I should have said it, but I did not. I did not see Mr. Carr; I did not hear the prisoner cry out for anybody. She said, 'Oh! my mother! Oh! my mother!' I did not hear her cry out before that; she did not cry out before I went in; she was much in liquor; whether the mother had any liquor I cannot tell; I only heard; I did not see any thing. When I first went in, the mother was sitting by the bedside, and the prisoner was standing at her back; it was then that she cried out 'Oh! my mother!' She was a distance from the door; I did not hear her shut the door; there was no mark on the prisoner as if she had received any blow from the mother; she did not say her mother had struck her.

Fortuna Turnbull, by Mr. Cookson.-I am niece to Ann Hutchinson; I recollect her going into Margaret Jameson's room; I followed her in; the deceased was on the floor, and Jane was bearing her up. We lifted her on to a chair; she could not speak at that time; we then lifted her on to the bed; Jane Jameson was there. [This witness here spoke in corroboration of the conversation between the last witness and the prisoner.] I saw the poker in the middle of the floor; there was not a pot on the fire, nor any oakum in the room; there was a little blood on her breast. I did not see Billy Elly about the room that day. I have seen Jane and her mother together at different times; I never heard them quarrelling; I never heard her angry with her mother.

The Prisoner.-I never said that Billy Elly had done it; he was my mother's first foot on New Years Day; but he had not been there that day.

By the Judge.-I heard Jane cry out 'Oh! my mother!' before Ann Hutchinson went out of her room; she did not say any thing besides, or call to any body.

Margaret Duncan, by Mr. Cresswell, spoke in corroboration of the foregoing witnesses, excepting that she judged from the breath of the mother that she had had liquor; when asking the prisoner respecting her mother, she asked her if she wanted to have her hanged. She then went on:-I asked her (the mother) who did it, and she said 'Jin;' when she said that, the prisoner bid me go out, and come no more in. I was there from when it happened till about 4. I went out about half an hour after the prisoner bid me. I went again to see her that night about 7 o'clock. She seemed then very ill. I generally saw her every day, till she died. Old Margaret never bid me go out.

The Prisoner; I don't think she would ever be here as a witness-but only she'll get 5s. a-day.

By the Judge: I did tell the mayor and Mr. Reed that the prisoner bid me go out, but they have not taken it down; I did not tell them any thing about the yetling or the oakum, except that I did not see it.

Ann Gibb, by Mr. Ingham; I was washing on that day, and I threw out my water one door from Mrs. Jameson's room; I heard the prisoner cry out about her mother several times; I went and looked at her, and asked the daughter who had done it; she never spoke; she must have heard me; I went to the bedside, and saw the blood coming sore out of her breast; I asked the prisoner had she killed her mother? and she never spoke one word. By the Judge; When she cried out she cried as if she wanted assistance; I did not hear her mention Betty Miller's name; nor did I see Ann Hutchinson there.

John Patterson, by Mr. Cookson; I am beadle of the hospital; I went to Jameson's room about 3 o'clock; Margaret Duncan was with her, and several others; the prisoner, Jane, was there; when I first went in, the old woman was speaking to Margt. Duncan; I afterwards spoke to the old woman; Jane was then sitting opposite the fire, not above a couple of yards off; I said to Margaret, 'Peggy, who has done this to you?' she said at first 'Jinny did it;' the prisoner said nothing to that; I said 'you abominable jade, do you see what you have done to your mother?' she made no answer but shook her head; I then left the room.

The Prisoner; I was not in the room at the time.

David Orrick, by Mr. Cresswell; I went to Jameson's room; he door was fast, and the prisoner opened it; I said 'Jane, what have you been about?' She said 'what is that to you;' I went to the bed, and I said 'she's just alive, Jane, and that's all;' she said 'mind, you need not blame me for it, it was Billy Elly did it, with his shoe neb;' she was tipsy: she did not open the door directly; we were going away when she opened it, and we turned back.

James Galbraith, by Mr. Ingham; I am a steward of the Keelman's Hospital; when I went in I asked the prisoner what she was doing there (she was not allowed to come there); the prisoner said she had come to see her mother; I asked her who had done that to her mother, she said Billy Elly had kicked her in the breast with his foot, and the shoe neb had done it; I asked the prisoner if she had sent for a doctor; she said she had sent for Dr. Cuthberts..

The prisoner again denied that Elly's name was mentioned by her.

By the Judge; I forgot, when I was before the Mayor, to say she told me how Elly did it; I forgot, also, that she told me she had sent for the doctor when I was before the Mayor.

Jane Hutchinson, by Mr. Cookson, corroborated the story of Galbraith, and said the prisoner was often at her mother's house, and was very troublesome to her mother, by coming in liquor. I have heard her quarrel with her mother many a time, and often say she would put the poker, knives, and such as that into her; I have seen her shove and drive her mother about the house, but never saw her strike at her; they often quarrelled when they were both in liquor; the mother was not violent; she was a very peaceable woman when her daughter was not there; I never went nigh hand them, and cannot say if blows passed between them; I did not like either mother or daughter; I had not a right; the mother was not often in liquor.

Margt. Patterson, by Mr. Cresswell; when I washed the wound in Margaret's breast, I charged her with having had liquor, and she acknowledged she had had some; I saw her again on the Sunday; the daughter was there making broth for her mother who was in bed. Turning to the prisoner, I said 'Now Jinny, you see what you have brought your mother to;' she said 'if I did it, as I hope not, I know nothing about it;' the old woman said, 'oh, never mind, but it's a bad job.'

Margaret Jameson, by Mr. Ingham. I am widow of the prisoner's brother, Alexander. I was at the house of my mother-in-law, about 5 o'clock; the old woman was in bed; the prisoner was sitting at the fire; I asked the old woman what was the matter, and she uncovered her breast, and I saw the wound; I asked her 'what had done that?' she said Jin, with the poker.' I said, 'are you not ashamed to do such a thing to your mother?' She said, she wanted none of my jaw, nor none of my company there.' The old woman said, 'Peggy, hinney, don't speak to her.' The prisoner was in liquor, but I did not observe any about the old woman. On the 6th. of January, I watched the old woman about 4 hours while her daughter was selling fish; the prisoner watched and attended her from the 2d till she died; I was there every day after the 6th as long as she lived; the prisoner was very attentive to her mother from the time this happened; she appeared to me as if she was anxious her mother should recover.

William Ellison, by Mr. Cookson. I have known the prisoner about 11 or 12 years, but not intimately. (He explained that he did not know what intimately meant.) She generally called me Billy Elly; I was often at the room in the hospital; sometimes to see her, and sometimes to see her mother; I was not at the house at all on the 2d; I was there between 4 and 5 on the morning of the 1st, and gave them some rum; I have heard them quarrel; they were very guilty of taking weapons to heave at one another; I have seen them heave the knife and the poker at each other; I have seen the mother throw the poker at the daughter; I have seen the daughter throw a pot, or a bason, or anything she could get hold of, at her mother; never saw her throw a poker or a knife at her; I have heard the deceased desire the prisoner to leave the house, and then throw a weapon at her. By the Judge. I was before the justice; I did not then say I had seen them throw weapons at each other, because I was never asked. The mother was fond of liquor; she was very quarrelsome when in liquor, and very passionate; I have seen them strike each other; I never saw the daughter strike the mother, but with her naked fist.

Jane Armour, by Mr. Cresswell. I saw the deceased on the third day after this happened, and asked her how she was; she said very poorly. I asked her how it happened, but she never gave me any answer. I was there again on the Tuesday; I never heard the daughter say any thing about this matter, except that she 'had rather her mother lain in bed 3 years, than this should have happened. I asked her if the poker was hot or cold, and she said hot out of the yetlin. By the Judge. I understood the daughter to say, she would rather have maintained her mother in bed for 3 years than this should have happened.

Jane Fizackerley, by Mr. Ingham. I was at Margaret Jameson's room on the Monday after the accident. Deceased let me in herself; it was about 5 in the evening; Jane Armour stepped in after me, and put her to bed; but she was then very ill. I said to her, 'it is your death upon you;'' she said, 'I certainly think it is.' She seemed serious when she said so; she showed me the wound, and I asked her who had done that; she replied, 'you need not ask who did it, for Jane did it;' she did not explain how it had happened; whether there had been any quarrel between them I cannot say.

Jane Glover by Mr. Cookson. I saw the deceased on the Tuesday after it happened; the prisoner was there; I said it was a bad circumstance that had happened betwixt them; the prisoner said, if she had Billy Elly, she would put the poker into him; I said, the poker had done enough, it was a shame to mention such a thing again; the old woman said, 'Oh! Jane, don't say that, for there was no Billy Elly here, there was no person but our own two selves;' the prisoner said, 'you had better say, you old------, that I did it;' the deceased shook her head, but said nothing. She was a strong woman for her age.

THE PRISONER said, this witness has not spoke a word of truth.

James Scott Turner: I am a surgeon; I was sent for on the 5th of January, to see Margaret Jameson. It was between 5 and 6 in the evening; she was labouring under symptoms of inflammation of the chest; she showed me a wound on her breast; the prisoner was standing at her side; the old woman did not say how it was done; I asked her how it was done, and the daughter immediately said, her mother had fell on the poker; I advised a poultice to be applied to the wound, and that they should get advice from the Dispensary.

Mr James Wilkie jnr. by Mr. Ingham:- I am assistant surgeon to the Newcastle Dispensary. On the 10th. of Jan. I saw the deceased between 12 and 1 o'clock. The prisoner was not there. The old woman was in bed. She appeared to be in a dying state. I plainly perceived the wound had entered the breast into the cavity of the chest. I had no expectation that she would get over it.She told me that she was sitting by the fire on the 2d Jan. teasing oakum, when she took a fainting fit and fell down upon he poker. The poker was shown me. The wound had the appearance of a burn. I was there the following day, with Mr. Murray, when I examined the wound myself more minutely. In my judgement the cause of her death was a puncture in the heart. By the Judge:- I could not judge, from anything which I saw, whether the wound could have been produced by a fall or not. There was nothing to assist a judgement as to whether it had been done by a thrust or a fall. It was a straight forward wound.

Mr. John Murray by Mr. Cookson:- I am principal surgeon to the Dispensary. On the 11th January a little after 11 o'clock, I found deceased lying in bed very pale, evidently sick, and thought she could not live over the day. I examined a wound in her breast, just opposite the 5th rib. It appeared to me as if it had not been examined before. The size of the external wound was nearly that of a shilling. The instrument had gone nearly straight forward, but I think it had inclined a little downward. It went through the sternum and through the pericardium into the heart. I began to probe it, and it bled; I immediately desisted, for I found, had I gone on, the woman must have bled to death. The prisoner might hear any thing I said there. I told her that she could not live both before and after the conversation. I thought she would not live above a day or two. I asked her how she received this wound and she told me she had fallen upon the poker in a fainting fit. I told her she had not long to live, and pressed the question again. I told her she had better tell me honestly how it was done. She still persisted she fell upon the poker, and that Jane did not do it. I asked the prisoner how it was done at the same time, and she said the deceased had fallen upon the poker. From the appearance of the wound I would think it must have been done by a hot instrument. If it had not been the heat of the poker which coagulated the blood, and stopped the orifice, she must have died instantly. I think I did not see her again. I was present immediately after the opening of the body. I have no doubt it was the same body. I fitted the poker to the wound and it exactly corresponded, and I found the wound had taken the direction I have already described.-I saw no other marks on other parts of her body. I did not observe if there was a fender in the room.

By the judge:- From the direction of the wound, perhaps it is possible, but I don't think it probable, that it might have been done by a fall. Supposing there had been a struggle and both had hold of the poker, I think it could not be done by a fall, it must have been done by a thrust. If the mother had rushed upon the poker, it might have been done so if it had been held firm, but it must have been either by a thrust or by rushing upon it..

Mr. Benjamin Tulloch, by Mr. Cresswell. I was requested by the coroner to examine the body. I am a surgeon. I opened the body and found a wound which penetrated the bone into the right ventricle of the heart. I saw a poker there; it was applied by Mr. Murray, and it fitted the wound. From its appearance I think the poker might have done it. It would require very great forceto make such a wound with such an instrument. From the sloughy appearance of the wound, I should think the instrument must have been hot. That wound was the cause of the woman's death. There were no other marks on her: but I did not particularly examine her hands and arms.

Matthew Gilpatrick, by Mr. Ingham. I was sent to the room of the deceased for a poker, when I attended the inquest. I left it with the adjourned inquest the night following.

James Alex. Whitfield by by Mr. Ingham. I was at the adjourned inquest. I saw the poker the last witness produced. I gave it to John Lough.

John Lough, by Mr. Ingham. I produce a poker which I got from the last witness.

Mr. John Murray. That is the poker; I applied it to the wound myself.

Matthew Gilpatrick. That is the poker sir.

Thomas Forsyth, by Mr. Cookson. I kept a poker in boiling water for two hours, when I took it outI was able to hold it in my hand. It was warm, but would not burn.

That was the case against the prisoner, and his Lordship gave her leave to retire for a few minutes, telling her he would then call on her for her defence.

In her defence the prisoner said, 'I was sitting sleeping on one side of the fireplace, and know'd nothing about it.'

His Lordship in recapitulating the evidence told the jury they were engaged in one of the most important duties which could occupy a jury. He had no doubt they would try the case by evidence, without listening to any thing which they might otherwise have heard. They would have to consider whether they were satisfied that the conduct of the prisoner was such as to confirm them that she was guilty of the crime with which she was charged, or if it was only one of an inferior description, namely, manslaughter. His Lordship then minutely recounted the nature of the charge of murder, and recapitulated at great length, pointing out the various parts favourable and otherwise to the prisoner, and finally left it to them to say whether under all the circumstances she was or was not guilty of the crime charged.-If they were satisfied , from the nature of the instrument and description of the wound, that she had not the wicked intention to produce death, or grievous body harm, then it would be their duty to find her guilty of manslaughter only.

The jury then retired, and after a consultation of three quarters of an hour, returned a verdict of Guilty of Murder, on which his Lordship said, 'Gentlemen, do you think the deceased rushed upon the prisoner?' to which they returned for answer, 'the blow was given by the prisoner.'

The prisoner having been called on in the ordinary manner to say why sentence of death ought not to be passed upon her, the unhappy woman repeated her assertion, that she was sitting sleeping by the fire, and knew nothing about it.

His Lordship then directed Mr. Newstead to ascertain if there was any reason of a peculiar nature she could urge why the sentence should not be passed. Mr. N. went across the counsel table, and having spoken with the prisoner, returned to answer in the negative, on which his Lordship, having assumed the fatal cap, spoke nearly as follows:--Jane Jameson, after a most careful and considerate attention to the circumstances of your case, a jury of your country have felt themselves bound to find you guilty of the high crime of murder. You have lifted your hand against your own mother, and by that means sent her to an untimely end. You now see the dreadful consequences of intoxication-you had taken liquor, and by that means destroyed that attention to your conduct which you ought to have preserved, and inflicted a deadly wound on her from whom your own life came. I don't wish to aggravate your feelings or add to the distress you must now feel, but my anxiety is to warn you of what must occur, and to endeavour to prevail on you by throwing yourself on your knees before God to obtain that forgiveness which cannot be extended to you here. The wound must have been inflicted with great violence or it never could have penetrated that very strong part of the body. I believe you did not go to your mother's house with the intention of taking her life away, but I am bound to believe that you were there without that restraint on your temper which you ought to have had, and in an evil and unguarded moment, committed that violence which ended in your mother's death, and which must end in yours also. You have now a short-a very short period of time in which to live, and how is that time to be employed? I hope in endeavouring to prepare for that awful end which is to come upon you, and my anxious entreatment is, that you will endeavour to obtain mercy from Him before whom you must shortly appear. If you do, you may be happy forever! Don't lose the little time which may be given to you, but avail yourself of the of the Minister of the gaol, who will assist you in praying earnestly to God for forgiveness for every crime you have committed. The sentence, the awful sentence of the law upon you is, that you be taken to the place from whence you came, and that on Saturday morning next, you be taken to the place of execution, and there hung by the neck till you are dead; and that after that your body be given for dissection; and may that great God, who is all-merciful and kind, bend your heart and make you repent of every sin.

The prisoner heard the sentence with uncommon fortitude, but began to shed tears in the dock.

The trial occupied the attention of the Court 8 hours.

We understand the execution of the unfortunate woman will take place on the Town Moor, near the Barracks, at about 12o'clock, but the hour is not yet fixed.

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14th. March 1829

EXECUTION OF JANE JAMESON.-On Saturday morning last, pursuant to her sentence, this unfortunate woman underwent the the final award of the law on the Town Moor, near to the spot where the criminals O'Neil and Smith suffered. From the period of her condemnation on Thursday evening, the Rev. Mr. Green, the chaplain of the prison, was very assiduous in his attentions to the spiritual instruction of this unhappy woman, and though we have neither space or inclination to repeat all that has been stated on the subject, we may say that her last hours were marked by a quiet resignation which, if it did not fully evince a deep sense of her awful situation, at least presented a pleasing contrast to her former way of life. About nine o'clock on Saturday morning, the last religious consolations having been administered, she was placed in a cart, and, escorted by the usual retinue of corporate officers, javelin men &c proceeded to the place of execution. On the way she appeared to give herself up entirely to meditation, only once making use of an expression of anxiety for the termination of her sufferings to her attendant. On her arrival at the gallows, the Rev. Chaplain prayed fervently with her, exhorting her to keep her hopes fixed upon Christ, and to die in charity with all men, to both of which she cordially assented. Mr. Scott having sung two verses of "The Sinner's Lament," the cord was adjusted, and in a few seconds the world closed upon her forever. She appeared to die at once and without a struggle, a slight contraction of the fingers only being visible. After remaining the usual time, her body was taken into the Surgeon's Hall, where it was duly delivered to the stewards of that company. The body, with the face only exposed to view, was laid in the piazza for inspection by the public, and several thousands availed themselves of the opportunity. The body has since undergone several scientific demonstrations for the benefit of students in anatomy. A vast multitude attended the execution.

N.B.

These pages were transcribed word for word by myself---Reuben Jamieson. 20.2.2001