Re: Tales from the mid 19th Century
After the hearing in Ripon, Marshall was taken the following day to York Castle Prison. Accompanied by a constable (probably Sweeting), the journey would have been made with Marshall clamped in irons. As with other cases he would have been taken to York on the mail coach, which left from outside the Unicorn Hotel (it's still there), on the Market Place. His trail took place at The York Assizes on Wednesday 19th July, 1837. Several witnesses were present to give evidence.
SUMMER ASSIZES
CROWN COURT - YORK CASTLE
WEDNESDAY, JULY 19
MURDER AT RIPON
WM. MARSHALL (35) was charged with the murder of Elizabeth and Wm. Marshall, at Ripon, in the West-Riding.
Mr. ELSLEY and
Mr. BLANSHARD were for the prosectution, and
Mr. COTTINGHAM and
Sir GREGORY LEWIN for the prisoner.
About nine o’clock on the morning of 16th of June last year, a neighbour of the prisoner’s, named
Mary Harrison, had occasion to go into Mr. Wm. Addison’s dye-shop, when she saw the prisoner (who was a shoemaker,) in the loft belonging to Mr. Addison, which had formerly been used as a dye shop, and he was sitting in the corner. Mrs. Harrison on seeing him, said, “Marshall, what are you doing there,” and he gave a loud shriek, and was like a madman. About a quarter of an hour after this time, she heard the prisoner and Wm. Addison talking together. She said to the prisoner, “Marshall, what’s to do, you have frightened me.” He said, “Oh, mistress, I have drowned two of my children.” Mrs. Harrison said, “oh, nonsense, you have done no such thing;” he said “Oh, but I have, I have drowned my William and my dear bairn.” She said “don’t talk in that way;” he said “Oh but I have.” Shortly after this, she and
Caroline Balmforth went up the prisoner’s stairs and found the deceased boy laid on the bed and the baby in the cradle, both naked.
When Mrs. Harrsion again went into her own house, she found the prisoner extended his whole length on the kitchen floor. Prisoner had four children, and was, apparently, in good circumstances; he had two boys and two girls, and his wife was a dress-maker, and was out working the morning this happened. The eldest boy had previously left Ripon, having been taken by his father to Oldham, in Lancashire. For some time previous to the murder, it appeared that the prisoner had been in a low dejected state, resulting from an affection of the nerves. It was also proved that he had spoiled some boots a few weeks before the melancholy deaths of the unfortunate children, and after an attack upon his nerves, on being asked how he felt, he would say that it was from the nerves, and struck up into his brain, and he could not describe his feelings at the time, and he could not tell what would befall him, but he could not avoid it.
It also appeared that the prisoner had always been a sober industrious man, and that on the morning of the 16th, Mr.
Septimus Tutin, a surgeon, ordered a strait waistcoat be put upon the prisoner, as he was in a state of excitement almost approaching to delirium.
Mr. Alfred Smith, surgeon, of Ripon, was also impressed with the conviction that when the prisoner had the strait waistcoat on he was insane. -
From the evidence of
Thomas Sweeting, one of the constables who apprehended the prisoner, it appeared that one the morning of the murder, the prisoner was asked if he knew what he had been doing that morning, when he said he had had a strong battle with a black cow, and he thought she would have beat him once, but he had got on the far side of her and beat her; she was a good cow and had come from Manchester.
After all the evidence had been gone through,
Mr. COTTINGHAM addressed the Jury on behalf of the prisoner. He contended from what all the witnesses had stated, that the prisoner was insane at the time when he committed the dreadful deed, and therefore not responsible for what he had done. He could with confidence rest his case upon the two surgeons’ testimony alone, and called upon the Jury to acquit the prisoner, on the grounds he had stated. The learned Judge then summed up, and when the Jury retired, and after an absence of about ten minutes, found the prisoner Not Guilty, on the grounds of insanity.
The prisoner was arraigned on a second indictment, charging him with the murder of Wm. Marshall. No further evidence being offered against the prisoner, he was acquitted on the ground as stated.
The York Herald, and General Advertiser (York, England), Saturday, July 22, 1837; Issue 3384
Marshall was committed to be detained
during the Queen's pleasure in York Prison. However this was not the end of the story of William Marshall, for two years later his name would reappear in newspapers across England