**CHARGE OF ADMINISTERING POISON.—**John Riley and John Preswell (who had been out on bail) were charged with having, on the 26th of September, administered to Benjamin Barber half an ounce of nitric acid, with the intent to kill him.

Mr. Clarke called,

Benjamin Barber, who said,—On the 26th of September I was at the Stanhope Arms, public house, at Stanton-by-Dale, it was the wakes, and there was a dance, went up into the dancing room, and while there, the prisoner Riley came up to me, and shook hands and asked me to drink,—I asked him what the drink was; he said it is here; he turned round and tapped Preswell over the shoulder, who had a jug and glass in his hand, and told him to give me a glass of ale; he poured a glass out, and asked me to drink; took the glass from Preswell, and tasted the liquor; when I tasted, it was easy, and I spit it out; told them both it was nasty, and that it was not the same as I had been drinking in the house, and asked them what they had got; they both said it was gin, upon that I took up the glass and drank it off; it was a small public house glass,—when I had drank it, they asked me if I would have another; said I did not mind,—Preswell poured out another glass, and I drank it—it was very hot and burnt the skin off my mouth, it did not burn me at first,—it was after the second glass that I felt sick and went out of doors, and tried to vomit, but could not, I was violently affected in my bowels, had not any thing the matter with me before I swallowed the ale, was previously as well as ever I was in my life, did not see either of the prisoners drink out of the jug while I was with them,—I went into the public house again, saw several people in the house place, and sat with my back against the window, within the screen; when I had been sitting there some time saw the prisoners stood behind the screen, and Preswell looking over it; while they were behind the screen my wife came to fetch me home; asked her to drink, and told her I would follow; am not sure that the prisoners heard me, they might; when my wife was gone they threw some stuff over the screen upon me, it appeared to be thrown out of a little bottle, it sparkled like fire as it was coming on me, some came upon my face, and I wiped it out with the corner of my coat, some of it went upon my clothes, and down the right side of my coat, it burnt my coat, my coat smoked directly, and it was all on fire; the coat is here; the landlord helped me to pull off my coat; I went to look for the prisoners in the dancing room, but they were not there, did not see them again till they were before the magistrates; went from the Stanhope Arms public house, to another public house, they were not there; went back to the Stanhope Arms for my coat, and then went home. When I got home I was very hot in my mouth, and in my throat, and was very ill and sick; the skin was off the side of my tongue; was ill about a week, could walk about on Tuesday, but could not work, was confined to my room the next week; applied to Mr. Robb, the surgeon, on the Sunday following; took some castor oil before I applied to him; I am sure it was the stuff which I drank that made me ill.

Re examined,—I have had a quarrel with the prisoner Riley.

Mr. James Robb, surgeon, said, that he saw the prosecutor on the 1st of October, and found him labouring under an inflammation at the stomach; it might have been caused by taking any pungent acid, or excessive drinking; attended him for four or five weeks; it was a very serious inflammation, and considered him to be in great danger; saw his coat, which appeared to have been burnt with mineral acid, and sent it to be analyzed. There was a redness on the tongue.

Dr. James Hygate, physician of Derby, had analyzed the stuff on the coat, and found it to be nitric acid.

Mr. Clarke said that he could not carry the evidence any further, nor could he prove that the prisoners had administered the poison with intent to commit murder.

His Lordship then ordered the Jury to return a verdict of not guilty.

📚 Sources

• Type: newspaper
  Title: Derbyshire Courier
  Date: 1838-03-17