The Trial of Florence Maybrick
July 31st, 1889
Mr. John Addison Q.C., M.P.
May it please your lordship -- Gentlemen of the jury, it is my duty, in
conjunction with my learned friends, to lay before you evidence in
support of the indictment you have just heard read, and to make a
statement to you from that evidence in regard to the facts upon which
they rely on behalf of the prosecution. Each and every one of you know
that the charge against the prisoner at the bar is that she murdered her
husband by administering to him doses of arsenic, and it would be idle in
me to suppose that each and every one of you do not know some of the
circumstances of the case either by means of the Press or in other ways,
and that probably you have discussed the matter, but I know equally well
that now ---
Sir Charles Russell leans across and whispers to Mr. Addison, who nods
his head in agreement. It has been suggested to me, and probably it
is right, that, except the scientific witnesses, all the witnesses be
requested to leave the Court.
Justice Stephen: I understand that all arrangements have been made
for their comfort.
All witnesses save Mr. Michael Maybrick are lead out of the
courtroom
I was saying, when I corrected myself, as it were, that it would be idle
in me to suppose that each and every one of you were not acquainted to a
very considerable degree with the facts of the case, either from seeing
the case, or hearing it, or reading of it in the public prints; but I
know perfectly well that now you have ceased to be irresponsible members
of the community, and are a jury who are sworn to decide the case
according to the law between the prisoner and the Crown, you will have no
difficulty whatever in dismissing from your minds all that you have so
heard and seen. Even the statement I am about to make to you is only
intended to enable you -- and I hope it may enable you -- the more
readily to know the evidence we are going to call, and to follow it when
we call it. There is no other fact whatsoever. It is upon the evidence,
and upon the evidence alone, and upon the impression that it makes upon
your minds, who are the true judges of this case, that the issue must
depend. The prosecution have a simple duty to perform. We have by means
of that evidence to produce in your minds a firm and clear conviction
that this woman is guilty. If when you have heard the evidence, when you
have heard it sifted and criticized and analyzed by my friend Sir Charles
Russell; when you have heard other evidence called by him to vary and
contradict it; if at the end of the patient attention you give to this
evidence you find your minds in doubt and hesitation, or even discussion
amongst yourselves that you are not able to remove, then we shall have
failed in the duty incumbent upon us, and in what we are bound to do
before we can ask your verdict for the Crown. We shall have failed in
that, and it will be undoubtedly your duty to give the benefit of this
strong hesitation and doubt to the prisoner at the bar.
With these hardly necessary words of introduction, let me tell you what
the facts are, as upon my present information I understand them. James
Maybrick, the husband of this woman, whose death she is charged with
causing, belonged to a Liverpool family and was a native of Liverpool.
He was in the cotton business either as a broker or as a merchant, and in
the earlier part of his career seems to have been called a good deal to
America, his business connection being between America and Liverpool, and
it was in this way, in 1881, and either in America or coming home from
America, he made the acquaintance of the prisoner at bar, who is of
American family and by birth an American, and they were married in London
in July, 1881. For some time after their marriage he still was taken a
good deal away to America; but, about four or five years ago, he settled,
so to speak, permanently in Liverpool, carrying on his business entirely
here, and having an office in the Knowsley Buildings, which is somewhere
off Tithebarn Street. Of the marriage there were two children; there is
a boy of seven years of age and there is a girl of three years of age.
After settling permanently in Liverpool he lived somewhere in the
neighborhood, but about some two or three years ago he went to live with
his wife and family at a place called Battlecrease House, which is a
place at Aigburth or Garston, or in the neighborhood of Aigburth. From
and at the beginning of this year and during the last year he lived there
with his wife and two children, and the remainder of his household,
consisting of four of a family and servants. There was a nurse who had
lived longer with, and was more connected with, the master and mistress
than any of the other servants, by name Alice Yapp. There was a
housemaid of the name of Brierly, a cook of the name of Humphreys, and a
housemaid waitress of the name of Cadwallader. These four servants, with
the master and mistress and two children, constituted the inmates of
Battlecrease House. At the time of his death Mr. Maybrick was a man of
about forty-nine or fifty years of age. His wife was younger, being
somewhere between twenty-seven and thirty years of age. I do not
accurately know what her age was, but she was about that. I do not think
I need call your attention to anything particular in their mode of living
up to this time.
Mr. Maybrick was a man who, so far as his friends and relations knew, was
a strong and healthy man, going regularly to his office every day, as a
cotton broker in Liverpool. There was no doubt that though he was a man
generally spoken of as a healthy man, he was a man who complained very
much about his liver and nerves. He used often to complain of being out
of sorts; and, from 1881, Dr. Hopper, of Rodney Street, who was the
medical attendant of the family, prescribed for him from time to time.
Mr. Maybrick complained of pains in the head and of numbness in his
limbs. This numbness he seems to have complained of more than once, and
he seemed to have a sort of dread that it would lead to paralysis. Dr.
Hopper seems to have treated him as a little short-hipped, as it was
called in these matters, and gave him occasionally medicines, such as
were given to people of sedentary habits, and out of sorts. Mr. Maybrick
had three brothers -- Mr. Michael Maybrick, who, I believe, was and is a
distinguished musician in London; there is a brother Thomas, a shipping
agent, carrying on his business in Manchester; and Edwin, who is a cotton
merchant in Liverpool, living in Rodney Street, but who passes half his
time in America -- dividing his time between Liverpool and America. Dr.
Hopper will tell you how from time to time he used to give Mr. Maybrick
nerve tonics, having the usual ingredients of such tonics, and including
nux vomica and homeopathic doses of strychnine and medicine of that
kind, and will further tell you that, with the exception of that, he
never knew Mr. Maybrick to be ill during the eight years since the
marriage. His brothers, all three, speak of him as a healthy and strong
man; and in addition to them you will have before you the two clerks in
the office. One (Smith, the bookkeeper) had been with him about four
years, and he will tell you that he occasionally complained of his liver,
and discusses homeopathy. Lowry, the other man in the office, will
speak to the same effect; and you will find that he was undoubtedly one
of those men who, as people suffering in this way often are, was fond of
discussing his ailments very freely, and listening to other people as to
what they did with their ailments in adopting pills and doses, and often
attended very much to the recommendations they would make. I have tried
to tell you all that he ever suffered from, as far as we know, apart from
that which we are going to investigate. With regard to the servants who
lived in the house, including the nurse, they knew nothing about these
matters. They considered their master a healthy and strong man, going
regularly to his office -- a regular condition of things up to the end of
last year and the beginning of this, to which I need not now go back.
The first date in connection with this case to which we may have to draw
your attention is the 16th March in this year, and all through this case,
when you are watching the evidence, I should ask you, as a very
convenient note to yourselves, to follow closely, as it were, the
different occurrences that occurred from time to time. Upon the 16th
March, Mrs. Maybrick had to telegraph to London to a hotel in Henrietta
Street, Cavendish Square, for a sitting-room and bedroom. You will have
before you the letters which she wrote, and which will be put in
evidence. The effect of them is this -- On the 16th March she
telegraphed for a sitting-room and bedroom at this private hotel. Having
received no answer, she wrote again to the landlord, and told him that
the rooms were engaged for Mrs. Maybrick, of Manchester, and she wrote
again as to details as to the sort of dinner which "Mr. and Mrs.
Maybrick" would like to have, saying that her "sister-in-law" was
inexperienced in such matters. On the 18th March (Monday) she wrote
again to this hotel, saying that Mr. and Mrs. Maybrick would arrive on
the 21st (Thursday), that her sister-in-law would stay there a week --
from the 21st to the 28th -- and that "she was not particular as to
price." You have her then writing these letters from the 16th to the
18th March, engaging this sitting-room and bedroom for her
"sister-in-law." On the 21st March (Thursday) she left Battlecrease
House to go to London. You will find that in the evidence which occurs
later on, and the reason she gave her husband for going to London was
that she had an aunt who was going to undergo an operation under the care
of Sir James Paget, and the aunt wanted her niece -- that was herself --
to be present, and she was going to London for a week for this purpose.
This she told the nurse Yapp, and her letters were to be directed to the
Grand Hotel, London. Having done that, she went straight to London to
this place. She arrived there on Thursday, the 21st of last March, at
about one o'clock; and at about half-past six a gentleman, whose name we
do not know, but who never appears again as far as we know anything about
him in this case, came and fetched her. And they went away together in a
cab, and at eleven at night, when the waiter went to bed, he saw they had
not returned. That was on the 21st. But, however that may be, the next
morning she was undoubtedly at breakfast with a Liverpool gentleman, a
cotton broker, living in Huskisson Street here, whose name cannot
possibly be kept out of the case, a gentleman named Brierly. She was
found with him on Friday, the 22nd, and on Saturday, the 23rd. They
lived there together as man and wife, slept together, and went out
together; and on the Sunday -- you will remember she took rooms for a
week -- about one o'clock they unexpectedly left together, he paying the
bill. Gentlemen, what she did for the rest of the week until Thursday,
the 28th, when she was timed to come home, I do not know. But on the
28th of March (Thursday), exactly a week after she had gone away to
London, she returned to Battlecrease House.
The next day, the 29th of March, the Grand National was run near
Liverpool, and both she and her husband went there. He came back at
seven o'clock at night, and it was evident to his servants that there had
been a quarrel between them. She followed ten minutes after him. He
began nursing the youngest child, without speaking to her or she to him.
Presently a cab was sent for, as if she was going away; and then the
servants heard him say, "Such a scandal as this will be all over
Liverpool to-morrow." She went down to the hall with her hat on,
apparently waiting for the cab; and then he was heard to say, "If you
once leave this house, you will never enter it again." A sort of quarrel
was going on, but the nurse but her arm around the prisoner's waist and
coaxed her upstairs; and, as the prisoner and her husband were evidently
not on speaking terms, she made up a bed for her in the dressing-room,
which adjoins the bedroom, where she slept that night.
On Saturday, the 30th March, early in the morning, Mrs. Maybrick went to
see and old friend of the family, Mrs. Briggs, who had known them both
since they were married. Mrs. Maybrick went undoubtedly with the
intention of getting a separation from her husband. She complained to
Mrs. Briggs, and said that her husband had complained of her because at
the Grand National Meeting, in spite of his orders, she had left the
carriage to go with Mr. Brierly. She said, further, that she had
quarrelled with her husband, and that he had hit her on the eye and had
given her a black eye. Mrs. Briggs did what she could to settle
matters. The two went to Dr. Hopper, and the prisoner there repeated
what she had told Mrs. Briggs. He persuaded her not to try a separation,
but she said she could not bear her husband to come near her. They
afterwards went to Mrs. Briggs' solicitor, and then there was a similar
conversation, after which the prisoner and Mrs. Briggs went to the post
office, and there the former desired to have a separate letter box. She
afterwards returned home, and Dr. Hopper a short time afterwards, acting
both in his capacity of medical adviser and as a friend of the family,
came up to try to make peace. He heard from Mr. Maybrick what his
complaints were, and then he went to Mrs. Maybrick, and they discussed
the case together, the husband at the time making a complaint of her
going off with Brierly at the Grand National against his wishes. That
was all the husband knew about the matter. At that time the prisoner
owed 1200 pounds, and Dr. Hopper, acting as the peacemaker, succeeded, so
far as he could judge, in making matters up between them, Mr. Maybrick
undertaking to pay off those debts; and from what passed on the 1st of
April between Mr. and Mrs. Maybrick and the doctor, the latter was left to
infer that the quarrel had been made up.
Now, gentlemen, that brings us to the end of March; and the next date to
which I am desired to direct your attention is about a fortnight after
the Grand National -- that is, on Saturday, the 13th April. On this
Saturday Mr. Maybrick went up to London to consult with his brother (Mr.
Michael Maybrick). His chief object in going up apparently was to make
arrangements in connection with money matters. He had promised, as I
told you, a fortnight previously that he would pay the debts his wife had
contacted with certain moneylenders, and one of them was in London. This
was his principal object apparently in going up to consult his brother.
But in addition to this, he made certain complaints to his brother about
not feeling well, which made his brother suggest, on Sunday, the 14th of
April, that he should consult Dr. Fuller, who was Mr. Michael Maybrick's
doctor. Accordingly, on Sunday, the 14th, he went and consulted Dr.
Fuller. To Dr. Fuller he complained of pains in the head and numbness,
matters which undoubtedly at that time, rightly or wrongly, probably
rightly, Dr. Fuller attributed to dyspepsia. He was a man with whom
there was nothing wrong organically of any kind, and Dr. Fuller seems to
have made him a great deal more cheerful by telling him so. According to
the doctor's opinion, and from what he had seen and heard, he was a man
apt to make a great deal out of trifling matters. The doctor gave him a
prescription, which, in the course of this case, will be laid before you,
which was in the nature of a tonic, and in which there was no arsenic of
any kind. Dr. Fuller will tell you that at that time Mr. James Maybrick
was a healthy and a strong man, and when he gave him the prescription he
told him to come again on the next Sunday, the 21st, to see him.
Undoubtedly the numbness and the pains in the head would not be accounted
for in the way in which Dr. Fuller described the case. Although numbness
is one of the symptoms which occur in cases of poisoning by arsenic, it
is also common in other cases where weakening of the nerves produces
numbness, and the doctor merely supposed he was dyspeptic, and treated
him in this way. This was on the 14th, remember, of April, and on the
15th, having only gone away for the week-end, Mr. Maybrick returned,
apparently better.
And it is at this stage that I must call attention to this fact. On that
very 14th, when he was consulting Dr. Fuller and his brother in the way I
have told you, Mrs. Maybrick received a letter from a friend in London.
Whatever the facts which are stated in that letter, they would be no
evidence at all against the prisoner at the bar, and it is not for that
purpose that we put it in, or intend to put it in. It is rather that you
may know what was being said of her and what was upon her mind upon that
14th of April (Sunday) when her husband was in London. Probably on that
date she received the letter, because it is dated the 13th of April, from
Kensington Palace Gardens Terrace. This is the very date upon which Mr.
James Maybrick went to London, and the letter would be received in the
ordinary course on Sunday. This letter reads:
My Dear Florie,
In the first place, I should wish to say that when I received your
mother's letter last Monday I was quite satisfied with the explanation she
gave, and the reasons of your letters being returned here, and to your
friend's name not being on the books of the Grand Hotel. You can't
understand the state of anxiety we were in about you in this day
fortnight.
That day fortnight, if it was exactly that day fortnight, would be
Saturday, the 29th March, the very day after she returned.
You left us for home on Thursday, and the inference would be that when
you left you warned your servants of your coming, and that they would not
forward any more letters. Those that arrived on Thursday might be
accounted for, but they came on Friday and Saturday morning, and letters
written to you were returned here. What could we think but that you were
not at home? Kate was going away, and we had no way of relieving our
anxiety. I suggested that you might have returned to your hotel, and
Harriet went there, and asked if you were there. She found that you had
not been staying there. This added more perplexity to our feelings, and
there was nothing I could think of but to write to your mother. Happily
she was able to say that she had heard of you twice since your return
here, and therefore had no anxiety. It was only at her special request
that I told her afterwards the cause of our alarm. This you see was
caused by the serious misunderstanding. The forwarding of the letters
was quite an innocent thing. When you were with your friend it did not
matter where you were living, but you expressly stated that it was at the
Grand Hotel, and this want of accuracy, you see, misled us. We are plain
people, and accustomed to believe what is told us. I had no unkindly
feeling in writing to your mother. I am sorry if it has in any way vexed
you. I am sorry about your little girl.
I am, dear Florie, your truly,
Margaret Baillie
I make no comment on that letter, because the facts to which it refers
are not in the least evidence. The only importance as regards a letter
of that kind is to show what was going on at the time, and what effect it
might have upon the state of mind of the prisoner on the date of the
14th.
The next date I will call your attention to is one which is apparently
not accurately fixed, but it is a period which began on the 15th and
ended on the 20th; it may be open to be varied or altered when you hear
the story detailed, or in cross-examination -- as I understand from the
15th to the 20th April, and particularly, for reasons which I will give
you presently, and somewhere before the 20th, or somewhere about that
day, in that week, about the time, no doubt, Mrs. Maybrick went to a
chemist, and a chemist who lived in her own neighbourhood, and who keeps
the post office at Aigburth or Garston, and she then asked him for one
dozen of fly-papers, giving as a reason for wanting them that the flies
had begun to be troublesome in the kitchen. Generally these fly-papers
contained each of them from 2 to 2.5 or 3 grains of arsenic. She got
them on a date which is described by the servants as being somewhere
about three weeks after the day of the Grand National, and some time
before the master was taken ill, which would be somewhere about the 20th
April. After getting these fly-papers, the housemaid, Brierly, was doing
Mrs. Maybrick's bedroom, and was attracted by the appearance of the
basin, which had a towel over it. She removed this, and found another
basin, also covered with a towel, and in it were some fly-papers, which
were soaking in water. She was so struck by this that she called the
attention of Nurse Yapp to it. Next day pieces of fly-papers were
noticed by Brierly upon the top of the slop basin. But with that
exception they were never seen in the house or heard of again. So far as
the servants knew there were no flies in the kitchen, and to their
knowledge no fly-papers were brought into the house at all. If you find
there is no trace of these, it is for you to say for what purpose these
fly-papers were bought.
It was just about that date -- the 20th April -- that MR. Maybrick went
again to London, as he told Dr. Fuller the week before he would do. He
went to London and saw Dr. Fuller, who varied his prescriptions to a
small extent, and on the 22nd Mr. Maybrick came back again. Having done
so, he went with Dr. Fuller's prescriptions to Messrs. Clay and Abraham,
who are chemists in Castle Street, and they made up two prescriptions.
You will hear what these prescriptions were, and this, at least, will be
a matter requiring your attention -- that whereas one prescription made
up in this manner contained no arsenic, that (one of these bottles was
kept in the office, and afterwards, when an investigation was made, it
was found in the condition in which it was made up) the second bottle,
which he got from the same firm, was afterwards found to contain
arsenic. That brings us up to the 24th of April, and I will call your
attention in the order in which they occur to these different events
which took place between the 27th April and the 11th May -- because it is
between these dates that occurred the serious illness that ended in the
death of Mr. Maybrick on the 11th May. Before I put these events to you,
let me make a few remarks upon the general nature of arsenic and its
effects. They will be spoken to by a very eminent Liverpool chemist, Mr.
Davies, and by Dr. Stevenson, who is the physician to Guy's Hospital, and
an eminent chemist in London, of whom, no doubt, some of you have heard.
All I need tell you about arsenic just now is this. IT is, as you all
know, a mineral poison. It is taken sometimes as a solid powder and
sometimes in solution. A single deadly dose -- that is to say, a dose of
arsenic which is capable of killing a man by one administration would be
a dose of at least 2 grains and upwards. That would take away life in the
course of about twelve hours. If it were dissolved, and it would take a
wine-glassful of water to dissolve it, half an hour would elapse before
any effect would be produced. The symptoms that usually accompany a dose
of that kind are nausea, a sinking, and, in addition to that, there
usually is purging and comitting to a very excessive degree. But the
vomiting, unlike all other vomiting, is accompanied by no sort of relief
whatever. There are burning pains in the throat and in the stomach, and
great irritation of the stomach is apt usually to produce a tenderness,
which is discovered outside on pressure. There is also cramp of the
thighs and of the stomach. There is a furred tongue, intense thirst, and
from the condition of the intestines there is tenesmus -- that is to say,
a great straining in those parts, and a desire to evacuate, without any
relief whatever being the result. Any one of these symptoms taken by
itself might be produced from other causes; but taken together they would
indicate an irritant poison, such as arsenic. The same symptoms are
produced by what may be called small doses. If you administer a dose of
arsenic less than a fatal dose, one of three-quarters of a grain, or half
a grain, twice a day, the same symptoms will be produced. But in the
course of twelve hours or a couple of days the patient will get better.
But if before he gets better he goes on repeating the dose before there
is a complete recovery, then in the course of time he will die. Another
word on this subject. It is not a cumulative poison when taken in these
small doses. It does not collect in the system in the same way, for
instance, that lead does; on the contrary, it rapidly passes away, and it
is the arsenic which passes away which kills, and not that which remains,
and this makes it one of the most dangerous of poisons, inasmuch as in
small doses it produces symptoms which, unless they are taken together,
may not be recognized as being peculiar to arsenic, and producing these
effects death results. It is especially the case when taken in the
liquid form in small doses that after a dose has been administered for a
day or two, excepting in the liver, you do not find extensive traces of
arsenic. That may be taken shortly as a popular knowledge of the
subject, and it is necessary that I should explain it.
I come now to the 24th of April, when deceased went to Clay & Abraham to
get his medicine made up. It was on the 27th of April that the first
illness occurred, which we say was caused by arsenic. On the 27th April
the Wirral races were run, and on that morning, as Mr. Maybrick went
downstairs, he seems to have complained of numbness in his limbs, and
Humphreys, the cook, to whom he spoke, said he was sick before he went to
business that morning. On that morning, between ten and eleven o'clock,
Mrs. Maybrick said to the nurse Yapp that the deceased had taken an
overdose of the medicine which was prescribed by the doctor in London,
that he had been sick, and was in great pain. As a matter of fact, we
know from what he said afterwards that he was in great pain, and when he
was dining afterwards his condition was such as to lead to the
supposition that he had been drinking. The illness he had that day was
attributed to an overdose of medicine, but the doctor will tell you there
was nothing put in the medicine to make him ill at all, but arsenic was
afterwards found in the medicine. The next day was Sunday, 28th April;
at that time undoubtedly he was very ill, and the consequence was that
Dr. Humphreys, a local doctor who had attended some of the children, was
seen, and he will tell you that Mrs. Maybrick told him she attributed the
illness to some bad brandy which her husband had at the races, and for
which she gave him an emetic. The cook, Humphreys, heard the deceased
vomiting very badly, and the same night, between nine and ten o'clock,
Dr. Humphreys was sent for again in a hurry. The master was ill again,
and ill with symptoms which Dr. Humphreys attributed to dyspepsia. On
the Monday he was still in bed, but he seemed at that time a great deal
better, the sickness seemed to have gone, and the pains seemed to have
disappeared, and what he seemed to have had worse on Monday was a furred
tongue. He seemed so much better that the doctor prescribed a diet for
him. Now, if the illness was attributed to arsenic, it might have been
caused by a small dose or by several small doses. On the Monday, when he
was still in bed under the doctor, Mrs. Maybrick went to another chemist
in Cressington, and she got from this chemist two dozen fly-papers, with
the same compound of arsenic, containing 1.5 grains in each fly-paper.
These fly-papers were never seen by any one in the house; no use was ever
made of the, as you will be told by all the surviving inmates. One
cannot help making the baldest statement of fact, that it is an
extraordinary thing that on the Monday, when her husband was just
recovering, she should have bought these fly-papers. One asks what she
wanted them for, and what became of them? On the 30th April the deceased
was so much better that he was able to go down to business at his office;
and on the 1st May he took some prepared food which was brought to the
office in a brown jug by his brother, Mr. Edwin Maybrick, who received it
from Mrs. Maybrick, who prepared it. On the Wednesday Dr. Humphreys came
again, and saw the deceased after business hours, and, as I understand, a
great improvement had taken place. That was on the Wednesday night. On
the Thursday, 2nd May, lunch -- I think beef tea -- he took down
himself. It was prepared in the house, and given to him by his wife. On
both days he took lunch. On the 1st you will hear what it was. I did
not notice on the 1st, as far as I have been able equitably to make out
form the different statements, that he was anything but well, and certainly
in the evening he was a great deal better. On the 2nd he felt very ill
after his lunch.
Justice Stephen: Did they say what he had for lunch?
My lord, I think it was beef tea, but I may be wrong. He complained next
day. However, it was something prepared in the house, and given to him
by his wife, which he took down with him. That is on the Thursday, the
2nd May. After lunch he was undoubtedly taken ill. He came back, and he
complained of being ill, and on the Friday morning the charwoman did with
the jug what she had done on Thursday morning. He had some lunch on the
Wednesday, and the jug was cleaned on Friday. Only the charwoman cleaned
the jug in which he had had his lunch on the Thursday, the 2nd. In
cleaning the jug she was not very careful in going into all the nooks and
corners. She cleaned the jug, but did not manage so as to scrape the
inside matter in the jug. In that corner, when afterwards examined by
Mr. Davies, the chemist, you will find that arsenic had undoubtedly
been. Having been taken ill on the Thursday after lunch, as he explained
to Dr. Humphreys the next morning, Dr. Humphreys was sent for at ten
o'clock, and the symptoms explained to him. He stated that he had not
been well since the day before. At that time he was actually ill in
bed. He was lying on his bed, and said, "I have been sick again." The
nurse remarked to Dr. Humphreys that it was very curious that he should
be sick again, and suggested that a second doctor had better be sent
for. Mrs. Maybrick, however, said that he had no necessity for it. He
had had a good nursing, and doctors were all fools, or something to that
effect, which does not matter much to this case. At the time she said
there was no necessity for a second opinion. He himself said he would
like to have a Turkish bath, and he went on the Friday night, and
undoubtedly had a Turkish bath. At twelve o'clock at night -- midnight
-- Dr. Humphreys was called.
Justice Stephen: Friday, the 3rd May?
Yes; I thank his lordship for the remark. I have myself been careful in
laying this case before you to draw your attention to the dates, and to
occurrences which took place on each one of those dates, because I think
that it is very important that you should do it to rightly understand the
case. Friday was the 3rd of May, and on Friday, when they sent for Dr.
Humphreys at ten o'clock in the morning, he complained that he had not
been well since his lunch on the Thursday before. After the Turkish
bath, Dr. Humphreys was summoned at midnight, and then Mr. Maybrick
complained for the first time of deep-seated pains. He complained very
much, and Dr. Hopper thought it was something consistent with sciatica,
pains in the thighs and hips, which will be described by the doctor. He
complained to the doctor that he had been sick twice, and he attributed
it to some inferior sherry he had taken. At that time there were
indications of straining of the rectum, and an application of morphia for
those parts was given to him to allay that straining and the great pain
he was suffering from. That was on the night of Friday, the 3rd of May,
and the next, Saturday, Mr. Maybrick was still in bed; on Saturday, in
fact, he was a great deal worse. He was so sick he could retain nothing
at all; he could eat nothing, and Mrs. Maybrick, who was attending on him
at that time, was directed to apply some particles of ice to his mouth.
Some stock soup was also made in the kitchen, strengthened with some beef
essence and some ingredients of that kind. She was told that day to
apply -- and to this I will have particularly to draw your attention --
to apply moistened handkerchiefs to his mouth, and Mrs. Maybrick gave
directions that no medicine was to be given to her husband unless she had
seen it. That was on the 4th May, and undoubtedly on that date Mr.
Maybrick was very ill indeed. The next day was Sunday, the 5th May, and
on that day Mr. Maybrick was in bed all day. He was vomiting, and
complained very much of pains in the throat, and Mr. Edwin Maybrick and
the doctor stayed in the house. Mr. Maybrick was given some soda and
milk, but this he vomited back, after, as Mr. Edwin Maybrick would say,
some medicine had been given to him by Mrs. Maybrick. The doctor then
recommended that some beef essence, which is highly recommended, should
be given to him. This was Valentine's beef essence or juice. She said
that he was very ill, that he had taken another dose of that horrid
medicine from London, that it had made him very ill, and if he had taken
much more of it he would have been a dead man. That is very remarkable
in view of what had been put into the medicine on that very day. Well,
gentlemen, on Monday, the 6th of May, he was still in bed. He complained
that his mouth was very offensive, though nothing was perceived of it in
his breath by the doctor. His throat distressed him very much -- a
feeling as of hairs in it. He complained that the beef extract ordered
him always made him sick. So strongly did he complain of this that the
doctor recommended that Brand's beef tea should be given him instead.
There was a great straining about the rectum, for which on Monday, the
6th May, the doctor advised a blister. In addiction to that he ordered a
drug containing a small portion of arsenical liquor. I think there were
five draughts in it, each containing a tablespoonful, but that did him no
good, and the remainder was thrown away. I will now call your attention,
gentlemen, to this fact, that Valentine's meat juice, of which, after
taking it, he always complained about being sick -- undoubtedly in that
meat juice arsenic was found.
Sir Charles Russell: No, no.
I am sorry to see that my friend, who is anxiously watching this case,
says that what I state is not absolutely correct. But I am told that a
bottle was analyzed, and that in it arsenic was found. That, of course,
is a matter of evidence which I can only state if I have gathered it
correctly. This is the state of things upon the Monday. We now come to
Tuesday, the 7th of May. On Tuesday again he seemed a little better of
his sickness. These fluctuations are important matters for you to
consider in connection with the way we suggest arsenic was administered.
He was better of his sickness, but complained of his throat to his
brother Edwin, who did not like his looks, and did not think he was
better. The effect of this was that on Tuesday, 7th May, for the first
time Mr. Edwin Maybrick suggested that Dr. Carter, of Rodney Street,
should be called in, and at half-past five the same day Dr. Carter came
to consult with the local practitioner, Dr. Humphreys. Now, when Dr.
Carter came deceased complained to the doctor that he had had vomiting
and diarrhea for some days. He said there was a pain in his throat as if
a hair was there. He complained also of intense thirst, and when the
doctor looked at his throat it was red, dry, and glazed, and although he
was in a weak condition he seemed to be very restless under the
bedclothes. Dr. Carter looked at these symptoms together, and attributed
them to acute dyspepsia and acute inflammation of the stomach. Mrs.
Maybrick asked whether the restlessness was due to his eating and
drinking during his bachelorhood, but Dr. Carter said this would not
account for it at all. On the Tuesday Nurse Yapp noticed Mrs. Maybrick
pouring from one bottle into another, but although she had an opportunity
to manipulate the medicines I do not say that anything follows from it.
The pouring from one bottle to another may have been a perfectly innocent
act. I do not attach any importance to it. I only suggest it to you as
showing that she was, so to speak, regulating his medicines up to the 7th
of May, when Dr. Carter was called in. That brings us to the 8th of
May. I remember that Dr. Carter was not coming back until the Thursday.
It will be for you to bear in mind that according to both doctors the
deceased was suffering from acute dyspepsia on the 7th of May, that being
the result of their consultation. On the 8th Dr. Humphreys came, and it
appeared that the patient had passed a very poor night. At the same time
he said there was no sickness, which seemed to have passed away, and he
thought the medicine he had taken had relieved his throat a little. But
when Mrs. Briggs entered, and saw him suffering from these recurring
symptoms, she thought it right to send for a sick nurse, and at the same
time she dispatched a telegram to London for Mr. Michael Maybrick, asking
him to come at once to Liverpool. A nursed named Gore arrived about a
quarter past two on the Wednesday afternoon, and a quarter of an hour
after she gave him some medicine Mrs. Maybrick handed her to give to her
husband. At that time Mrs. Briggs fully believed that he would get
better, although he was in a condition on the 8th in which he could not
get in or out of bed without assistance. That was the state of things at
three in the afternoon, which it will be important for you to bear in
mind, in conjunction with his wife's acts. About three o'clock Mrs.
Maybrick gave Nurse Yapp a letter, telling her that she wanted it posted
by the 3:45 post. The nurse took the letter, and will give you a reason
why she opened it. But whether that be the true and just reason -- vis.,
that she let it fall in the mud and opened it, or whether she was
animated by curiosity or suspicion, or whatever other motive, it will not
be very important to inquire. As a matter of fact, she not only opened
the letter, but it is produced before you to-day, because later on in the
day, at 5:30, she gave it to Edwin Maybrick. That letter will be for you
to consider. But she received on the Monday before, the 6th of May, a
letter from Brierly, and now, that you may understand what was going on
between them and what was in her mind, I will read you the letter of the
6th of May, which Brierly had written to her. There is no date, but
clearly it was written on that date. It is as follows:
My Dear Florie
I suppose now you have gone I am safe in writing to you. I don't quite
understand what you mean in your last about explaining my line of
action. You know I could not write, and was willing to meet you,
although it would have been very dangerous. Most certainly your telegram
yesterday was a staggerer, and it looks as if the result was certain, but
as yet I cannot find an advertisement in any London paper.
Now it is quite certain that this refers to certain investigations which
might lead to the discovery of what had passed between them in London.
I should like to see you, but at present dare not move, and we had
better perhaps not meet until late in the autumn. I am going to try and
get away in about a fortnight. I think I shall take a round trip to the
Mediterranean, which will take six or seven weeks, unless you wish me to
stay in England. Supposing the rooms are found, I think both you and I
would be better away, as the man's memory would be doubted after three
months. I will write and tell you when I go. I cannot trust myself at
present to write about my feelings on this unhappy business, but I do
hope that some time hence I shall be able to show you that I do not quite
deserve the strictures contained in your last two letters. I went to the
D. And D., and, of course, heard some tales, but myself knew nothing
about anything. And now, dear, "Good-bye," hoping we shall meet in the
autumn. I will write to you about sending letters just before I go.
A.B.
To that she wrote a letter which was intercepted by Nurse Yapp. It was
as follows:
Wednesday
Dearest,
Your letter under cover to John K. came to hand just after I had written
to you on Monday. I did not expect to hear from you so soon, and had
delayed in giving him the necessary instructions. Since my return I
have been nursing M. day and night. He is sick unto death. The doctors
held a consultation yesterday, and now all depends upon how long his
strength will hold out. Both my brothers-in-law are here, and we are
terribly anxious. I cannot answer your letter fully to-day, my darling,
but relieve your mind of all dear of discovery now and in the future. M.
has been delirious since Sunday, and I know now that he is perfectly
ignorant of everything, even of the name of the street, and also that he
has not been making any inquiries whatever. The tale he told me was a
pure fabrication, and only intended to frighten the truth out of me. In
fact he believes my statement, although he will not admit it. You need
not therefore go abroad on that account, dearest; but, in any case,
please don't leave England until I have seen you once again. You must
feel that those two letters of mine were written under circumstances
which must even excuse their injustice in your eyes. Do you suppose that
I could act as I am doing if I really felt and meant what I inferred
then? If you wish to write to me about anything do so now, as all the
letters pass through my hands at present. Excuse this scrawl, my own
darling, but I dare not leave the room for a moment, and I do not know
when I shall be able to write to you again.
In haste, yours ever,
Florie.
At 6:30 the same day Nurse Gore noticed that a tumbler, a medicine glass,
was gone, and Mrs. Maybrick put some medicine into it, and said it must
be put in a tumbler of cold water -- it must have so much water or it
would burn his throat. Nurse Gore did not administer that medicine at
all. She said she wanted the glass for some other purpose, and for that
reason, and that, I take it, only, she threw the medicine into a sink in
the housemaid's closet. Whether from that cause or some other -- it is
not fair to trace it to any particular cause -- but undoubtedly in the
sink of the housemaid's closet there were traces of arsenic found. The
9th of May was Thursday. Nurse Gore had been on duty a long time on
Thursday, and at eleven o'clock the institution sent another nurse,
named Callery, who relieved Nurse Gore. Dr. Carter, head physician, came
on the afternoon of the 9th, when Nurse Callery was there. On Tuesday
both doctors could only attribute the symptoms of Mr. Maybrick to acute
dyspepsia, but on Thursday there came on with increased violence during
the night a symptom which at once attracted the marked attention of Dr.
Carter. He found this tenesmus, this straining and retching, was very
painful and persistent, and he then for the first time seems to have come
to the conclusion that they showed a symptom which an acute dyspepsia
would not account for, and there was then a strong presumption that the
symptoms were those, and those only, of an irritant poison.
That went on during the day on Thursday, and at eleven o'clock at night
Nurse Gore returned. She had been away for twelve hours, from eleven
o'clock in the day. A circumstance occurred then to which I am compelled
to ask your careful attention, being one of the serious features in the
case. When Nurse Gore returned she opened a bottle of Valentine's juice
essence. The other bottle had been discontinued since the Monday before,
and this was substituted. On Thursday Nurse Gore opened a fresh bottle,
which she had previously got from Mr. Edwin Maybrick. Mrs. Maybrick,
after it had been opened, said he had had that before, and somehow it had
always made him ill. That was true, and for that reason the medicine had
been discontinued on the Monday. However, the nurse opened it, and
having done so, she saw Mrs. Maybrick take that bottle into the dressing
room, which leads out of the bedroom, and she was away for about two
minutes. After she came back Mrs. Maybrick addressed herself to Nurse
Gore, and told her to leave the room for some ice. She would not go, and
did not leave the room. Thereupon the nurse will tell you she saw Mrs.
Maybrick in a sort of concealed manner, as if she were desirous not to be
seen, take the bottle she had taken into the dressing room and put it on
the table, and afterwards, when the patient awakened, she saw her move it
from the table and put it on the washstand. On the next day, Friday, the
10th May, Nurse Gore was relieved by another nurse, Callery, to whom she
pointed out this bottle, on which she had kept her eye the whole time,
and gave her certain instructions upon it, and Nurse Callery ultimately
gave it up to Michael Maybrick. On the Friday Mr. Maybrick thought he
was himself a little better, but it was evidence that he was a great deal
worse. He had pains in his throat and in his abdomen, and he said to his
wife, in the presence of Nurse Callery, "Don't give me the wrong medicine
again," to which Mrs. Maybrick answered, "What are you talking about?
You never had the wrong medicine." About two or three o'clock Mrs.
Maybrick was noticed apparently changing the medicine from one bottle to
another. This was a most serious department of the case, as it was
suggested that she might, if she like, alter the medicine. At half-past
four Dr. Carter came, and at a quarter to five Nurse Wilson came to
relieve Nurse Callery. Wilson heard Mr. Maybrick say, "Oh Bunny, Bunny,
how could you do it? I did not think it of you." That was a somewhat
ambiguous expression, and the prosecution would not attach more
importance to it than it was worth. But now Dr. Carter, who had been
there that afternoon, had received from Michael Maybrick a bottle of
Valentine's juice, which he took home. That night and next morning he
examined it, and both examinations showed that arsenic had been put into
it. The accurate examination afterwards by Mr. Davies showed that in
that bottle there was half a grain of arsenic. If that was so, it is
very serious from both points of view, because it leads to a very strong
conclusion that she had put arsenic into his medicine. And it does more;
because if half a grain of arsenic was put into it, and no more, it
showed that he was being poisoned by doses repeatedly administered.
Half a grain of arsenic administered about twice a day would produce
these illnesses, with all their variations, of which you have heard. So
serious was the patient's condition, that Dr. Carter came about half-past
twelve next day, which was Saturday, the 11th of May. On that morning it
was clear to everybody that Mr. Maybrick was dying, and his children were
brought to him. He could take nothing in the way of nourishment. The
doctors were with him when he died, about half-past eight in the
evening. Now, gentlemen, you must watch the evidence carefully. On
Friday he had had meat juice, part of which he did not take. Arsenic was
found in the jug containing it, as also in the closet, or rather the mere
trace of arsenic. Now, directly he was dead (on Saturday, the 11th of
May), Michael Maybrick directed the nurse and the housemaid to look and
see what they could find. In a closet they found a box containing
children's clothes; they found a chocolate box, in which there was a
parcel labelled "Arsenic -- Poison," and written after it the words "for
cats." There was also a handkerchief found, a matter to which I must
direct your special attention, for in it arsenic was found. On the next
day Mr. Edwin Maybrick, Mr. Michael Maybrick, and the two Briggses, who,
as I have said, were old friends of the family, made a further search,
and they then found in the dressing-room two hat boxes containing hats
belonging to Mrs. Maybrick.
Sir Charles Russell leans over to Mr. Addison and corrects him in
regards to this matter.
I understand it is not as I had said -- they contained men's hats; but at
the top of one of these boxes was found a bottle of Valentine's meat
essence containing arsenic.
Mr. McConnell whispers a correction to Mr. Addison.
It may be as my learned friend says; there was one bottle not
sufficiently identified, but the bottle found at the top of the box with
Valentine's meat essence did not contain arsenic. Anything I have said
contrary to that will rather clear up the matter which wanted clearing
up, that when Mr. Maybrick complained to Humphreys that Valentine's meat
extract made him ill -- well, I would rather wait until I hear the
evidence, because I am not clear on the point.
However that may be, this bottle of Valentine's extract was found at the
top of the box, and there were also found three other bottles, each of
them containing arsenic in the process of solution -- that is, being
converted into a liquid form. One bottle contained a strong solution of
arsenic, with several grains in a solid form in the bottle; another
bottle contained several grains solid and also a strong solution; and a
third bottle contained 15 or 20 grains solid arsenic, but only two drops
of the solution. In each of these three bottles there was arsenic in
different stages of solution. In the second hat-box there was found a
tumbler which contained a fluid resembling milk, and in that tumbler was
a piece of handkerchief soaking. In this tumbler were found 20 grains of
arsenic. Undoubtedly that was an important point, because you will
remember it has been suggested that at an early stage of Mr. Maybrick's
complaint a handkerchief was placed over his mouth. Well, later on in
June, the dressing-gown which Mrs. Maybrick had worn during the illness
was examined, and in the pocket of the gown and in a pocket handkerchief
traces of arsenic were found to an extent which will be spoken of by Dr.
Stevenson and Mr. Davies. This brings me to Sunday, 12th May. On the
next day, Monday, the 13th, there was a post-mortem and an analysis of
some of the viscera. The general result was this -- it was found that
all the organs of the deceased were healthy. The intestines and bowels
were very much irritated, and traces of arsenic were discovered. The
stomach was in a state of acute inflammation, such as is produced by an
irritant poison. The kidneys showed traces of arsenic, and in the liver
undoubtedly arsenic was found in a weighable quantity. Undoubtedly the
result of the examination is this, that all the doctors will say, having
regard to the post-mortem and the symptoms he showed in his illness, that
they have no doubt Mr. Maybrick died from the administration of arsenic.
Dr. Stevenson and Mr. Davies, who have had large experience in these
matters, will tell you, if there were repeated doses of arsenic, such as
the history of this case would seem to indicate, and if for a day or two
before he died no arsenic was given to him, that is precisely a case in
which they would expect to find the body of Mr. Maybrick in the condition
they describe, because it is not the arsenic which is found in the system
which kills, but the arsenic which kills is that which has passed away.
Now, on the 14th of May, Mrs. Maybrick was in custody in her own house.
She at that time wanted some money to pay for telegrams and stamps, and
Mrs. Briggs, who was there, said, "Perhaps Mr. Brierly will help you."
In which sense she used the words she will explain herself. Thereupon
prisoner wrote a letter to Mr. Brierly. She was then in custody and in
trouble, and her husband had died in this terrible way on the Saturday
before. She said in this communication to Brierly:
Battlecrease House, Aigburth
I am writing to you to give me every assistance in your power in my
present fearful trouble. I am in custody, without any of my family with
me, and without money. I have cabled to my solicitor in New York to come
here at once. In the meantime, send some money for present needs. The
truth is known about my visit to London. Your last letter is in the
hands of the police. Appearances may be against me, but before God I
swear I am innocent.
Florence E. Maybrick.
Gentlemen, we know the relations that existed between her and Brierly,
and we know the correspondence that went on between them whilst her
husband was on his sick bed; and I do not know that the fact of her
applying to Brierly for assistance when the suggestion is made to her
adds really very much to our knowledge of the case. After that she was
charged by Mr. Inspector Bryning with causing her husband's death, and to
that she made no reply. But it is fair to add that the officer cautioned
her, and told her to be careful, as what she said might be given in
evidence against her. And that she made no reply under the circumstances
is not a matter which I, for the Crown, will make any observations upon.
On the 14th May the charge was more formally made to her by Mr. Bryning,
and again in the same words of caution, of having killed and murdered her
husband. She again made no reply. When before the magistrates she was
represented by my friend Mr. Pickford, and he, of course, reserved the
defense until the assizes. I have now to say that I have no knowledge up
to this time, no notion whatever, of what explanation may be given to
explain away, if it is possible, the facts which I have laid before you.
Gentlemen, there is no reason to doubt what the doctors will swear
without doubt, and what the chemists will swear without doubt, that James
Maybrick died by arsenic, and arsenic given to him by repeated doses.
And if he did, the question will be for you, who gave him the arsenic of
which he died? Undoubtedly the whole household, whom you see, knew and
had nothing to do with it. It cannot be suggested that the doctor, or
his brothers, or the four maidservants, had anything to do with it. It
will be for you to say whether the wife, who until the 8th of May
attended and administered everything that was given to him, and
afterwards gave medicine to him through the nurses -- whether she was or
was not the person who did it. It is clear that he was not a man who
administered this himself by way of killing himself. That the whole case
demonstrates. You will find the deceased was a man who was distressed at
the bare notion of death, who was cheered by every ray of hope. Whenever
he was a little better was glad to tell it, and was anxious and pleased
to describe to his doctors all that he had taken and all that happened.
It is clear, besides, that by no mistake was arsenic administered to
him. It is clear that he was quite unconscious all through his illness
-- and apparently his wife too -- that he was taking arsenic. The name
arsenic was never mentioned or brought into question. The illness was
attributed to an overdose of the medicine from London, to the wrong
medicine being administered, to brandy, sherry, and another time to
beer, and different matters. There was never for one moment any notion
that he was taking in any shape or form arsenic. Whether by the beer,
the sherry, the brandy, or by the many medicines, it is clear that
arsenic was being administered to him without his knowledge or the
knowledge of any one about the place. Gentlemen, who did it? I shall be
compelled, and am compelled, to submit that there is very cogent and
powerful evidence to show that it was his wife who administered it.
Undoubtedly if she was the person who administered these repeated doses
to him, then, gentlemen, she is guilty of the cruel offense of wilful
murder, and it will be your painful but bounden and incumbent duty to say
so.
As the first witness enters the box, Mr. Addison says he should like
to make it plain that the only meat juice in which arsenic was found was
that to which Nurse Gore spoke, in which half a grain of arsenic was
found, and from which juice nothing was administered to deceased.