SUPREME COURT—Monday, Dec. 5.

Lyttelton Times, Volume XII, Issue 739, 7 December 1859, Page 4

SUPREME COURT—Monday, Dec. 5.

THE QUEEN V. CHRISTINA GREaG.—WILFUL

MUBDEE.

Mr. Wyatfc appeared on behalf' of the prisoner. Prisoner pleaded Not Guilty. , • A jury was then chosen, nine of whom were objected to on the part of the prisoner, and one on the part of the Crown. Their places having been supplied by others, the Crown Prosecutor opened the case by addressing the Court. He said the case for the jury to investigate was one of murder, the most heinous crime within the cognizance of the law. He would be prepared to show by the evidence that the deceased James Gregg had been iii perfect health on the 10th of October last. That he. had gone to Christchurch on a matter of business, and came home at 5 o'clock, in health. He was also in health at 8 o'clock the same evening. Early the next morning the prisoner said her husband was ill. He died a few hours after; died by arsenic; and the only question which remained to be solved was whether that arsenic had been administered by his own hand or that of the prisoner, his wife.

The first witness. called was Albert Beetham, who, being sworn, deposed—l am an engineer and surveyor, and went about six weeks ago to the premises of the late James Gregg. I made a plan of those premises. That is the plan (plan produced). The measurements therein are correct..

Edmund Langstreth was then sworn.—l was in the service of the late James Gregg at Riccarton. I entered that service in July 1858," and was engaged for four weeks. I remained in the service' until 15th October last. James Gregg and his wife did not live on very good terms. They used to have words at times. I remember Monday, 10th October last; James Gregg was from home. I heard he was in town. 1 did not see him come home; he was afc home a little after five. His health appeared the same as- usual, but he did not talk much. We had tea that evening, James Gregg/- his wife, myself and his son, about six o'clock. James Gregg had tea, bread and beef; I had the same. The prisoner took tea, bread and butter. I went to bed about half-past 8. James i Gregg was in the same state of health as usual during the evening. The son went up stairs to his bed; with me that night. I left the prisoner up. I cannot say whether deceased was in bed or not. I was not long before going to sleep; it might he about half an hour. I first awoke about 4 a.m. on the 11th. I heard talking between James Gregg and the prisoner in the bedroom. I thought they were having words—that is, were differing. After this I fell asleep and awoke again about 6 o'clock, and got up, dressed, and went out to the stables and fed the horses. I saw the prisoner in the stockyard; she said James Gregg was complaining of not being well when she got,up.. She did not say what time she got up. She did not say what was the matter with him. I went back and cleaned the stable' and horses. She went into the house with the milk.. After that I went to chop firewood at the end of the house. The prisoner came to me then (nearly 7 o'clock) and said she thought he was dying. I was surprised, and said "I should think not." She said nothing more then; did not say what was the matter with him. She went into the house. In a few minutes I went into breakfast. Just as I was sitting down to breakfast I heard a noise of a fall in James Gregg's bedroom. The prisoner went in to see what was the matter. She called me in and said James Gregg had fallen on the floor. She said " Edmund, come and lift him up, he's fallen on the floor." I went in and found James Gregg lying on the floor. He had on his shirt only as far as I saw. I took hold of him under the shoulders and lifted his head up and let him sit on the floor. I asked him if he thought he was dying ? He said "No, I'm all right." I lifted him. up on his feet. He said "That will do Edmund." He put his hand on the bedstead and lay down on the bed. When I first saw him on the floor he seemed faint. When Gregg got into bed I left the room, leaving the prisoner alone with him. The floor was wet; I cannot say whether it was from vomiting or purging; it was from one of them. I saw the prisoner washing it up when I was1 at breakfast directly afterwards. I went and got breakfast, when I left the room. I thought I heard a sound of vomiting in James Gregg's bedroom while at breakfast. I heard him ask the prisoner for some Water. I did not see her take water, she took some tea into the room. When she came out of the room I said " I'd have "the doctor." She said "He doesn't wish for a doctor." I said " I would not mind what he says; I'd have the doctor." No more then was said about the doctor. I finished my breakfast and the prisoner told me not to go far away,-so as to see how he got on. I went to rake up cuttings from the garden hedge. I was at that about an hour and a half; after that I went into the house to ask how James Gregg was. I saw the prisoner and asked»her how;'he was. She said " He's no Better." I said " It's time to have the doctor." She went into the room to Gregg to see how he was, she came out again and said " You may go and fetch the doctor; " she added, "he is willing now for the doctor to come." I did not this time hear her speak to Gregg at all. If she had spoken in an ordinary voice I think I should have heard her. I was standing in the kitchen. Gregg's bedroom was off the kitchen. When she told me to go for the doctor, she said "you needn't hurry yourself much." I then went on foot to Christchurch for the doctor; I started about half-past eight; I don't romember that the prisoner said anything more to mo at that time. I wont to Dr. Fisher and there about nine. The doctor was not at home ; I went down and found ltim near tho police-station. I told him that Grogg was very poorly, and the the mistress wished him to see him. Dr. Fisher left, and asked me to stay in town until he camo back, and he gave me medicine for Gregg. I then went with it to Gregg's house. I first saw tho prisoner on retxirning; she told me Gregg had died very quietly, and was quite sensible to tho last, and had ■wanted to know the hours. I went in and saw him

dead; tho room was clean; I saw no appearance of vomiting or purging at that time. I hadaconvemtion with the prwoner as to the state of Greg's health. I heard her say he was often complaining of his stomach. I can'fe H ay exactly how long this was before Am death. It w as at least two months. She wild Dr. J! inher told her ho would not live long, and that he was failing very fa ß fc • and that she needn t be surprised it he was to drop down dead at her feet some night Tho prisoner spoke more than once oi Dr. Fisher having said that he would not live long. [Witness here deposed to an illicit intercourse between himself and tho jwisoner for nine mouths, and that the latter hud told him slio was enceinlo, find had obtained some dm* of Dr. Fisher, to procure abortion, which she supposed would not be effective, and feared Gregg would discover her condition.]. I have heard prisoner say, speaking of her husband,' she wished the Lord had him !' I.can't say I've heard ker aay so more than once, I heard her say that that morning (11th) about 4 a.m. he was not well. She never told me what she thought was the cause of his death. A day or two after Gregg's death I heard a conversation between the prisoner and her brother Ferguson. I heard her tell him Gregg had vomited a deal and asked for drink. He said he shouldn't wonder, from that, if Gregg had poisoned himself. She said sh"e thought there was no poison in the case. I had a conversation with prisoner about Dr. Fisher's visit after Gregg's death. I heard her say that Dr.-Fisher had told her he was going to open the body, and that it almost knocked her down. She said afterwards to her brother that she did not think the doctors could tell if he had been poisoned, he had vomited so much. I went down the same day to tell Dr. Eisher of Gregg's death. He said he thought there would have to be an inquest. When I got back I told the prisoner that. She said she thought it was not necessary to have an inquest as the doctor had seen him before his death. . .'

. .Cross-examined by Mr. Wyatt.—The deceased and his wife did not live on very good terms. I remember having said before the coroner 'Deceased and his wife lived very well together except when the deceased came home the worse for drink.' They did not live on very good terms taking them altogether. I meant to say that when I said before the coroner that they did not live on very good terms. I mean to say so now. The statement before the coroner was not so correct as that now given. We sat down to tea about six o'clock the night before deceased's death; We were not more than a quarter of an hour at tea. Ido not remember exactly what I did directly after tea. The deceased spoke less than usual that evening at tea time. I had no conversation with deceased that night at tea. Before I went to bed, the deceased and the prisoner had no words together that evening. I heard the prisoner and deceased" talking when I awoke. I thought they were quarrelling, from the tone of both. I got up very soon after I awoke the second time on that morning, and was about five minutes dressing. I heard nothing below while dressing. I saw the prisoner in the stockyard about a quarter to six. I cannot say how long the prisoner was out of doors at the stockyard. She was milking when I went to the stockyard. I cannot say how long she was milking. I cannot say how many cows. The deceased had seven milking cows. I don't recollect whether or not 'I milked any cows that morning. It was near seven o'clock when the prisoner came, to me when I was chopping wood. I did not ask what was the matter with Gregg. I don't think it strange that I should not have asked what was the matter when told that jGregg was dying. I was surprised that he was dying. We sat down to breakfast about seven o'clock., It was not long after getting up that I saw the prisoner at the stock yard. The prisoner was up before me. She was in the habit every morning of getting up before me. She generally got up about five o'clock. The deceased said something else when I lifted him up, but T could not catch the words. He spoke pretty well. The other words were spoken lower than the rest. I cannot swear to anything else he said besides as before given. The prisoner did not wipe up the floor with any particular care, but the same as any mess Avould usually be done. The ; weather then was very dry and warm. The dryness would have removed marks after wiping up in a shorter time than if not so dry. I cannot say I heard vomiting more than once that morning* Gregg did not ask the prisoner to moisten his lips, I did not hear him say.." Christy come and wet my lips" or any like words. He asked for water;, not very urgently ; there was nothing peculiar in the'manner of asking. Tea was more handy than water when he asked for drink. She gave him tea in the cup she was going to. take herself. I did not see her put anything into the cup besides tea; milk and sugar were put in before the tea. She had put milk and sugar in the cup before the deceased called for water. She put it in as if going to drink it herself. I do not remember if any tea remained in the cup after it was brought from the bedroom. I did not see her do anything with the cup after coming out of the room. I cannot say I saw her bring the cup out. I cannot say I saw her take tea after giving Gregg drink. She was washing up the room while I was getting breakfast. I did not hear deceased ask for. the doctor. I have heard him say at other times doctors could do him no, good. I never heard deceased express a wish to have doctors. I have heard him say he didn't like to see farriers and doctors about the place. A farrier had been at the house twice. I understood him to mean veterin- | ary surgeons, not doctors. He told the farrier he hoped he should want him no more. That farrier was Knapman. He was complaining to me about being unwell some few weeks before, his death. I said that he should see the doctor. He said " Doctors can't do any good." I understood him to mean medical men. This was not the same time that he spoke about farriers. When the prisoner told me hot to go far away, I understood her to mean I was to be handy if she wanted to send for the doctor. I had some conversation with the prisoner after breakfast. I had been raking up cuttings and went back to the barn for the fork. I saw the prisoner carrying milk to the pigs. She did not seem much affected. I asked her how Gregg was. She said ho was not getting any better. I can't say she was then crying or that I saw her wipe her eyes. It did seem to me that she had hem crying. When she said he was no better, I never said "D— him let him die." I have said " You'll never have any peace with him as long as she lives." I could'nt swear to the word " hurry," but understood that meaning when she said I might go for the doctor, I had met with an injury from" a fall from a horse some weeks before Gregg's death. When she told me not to go too fast,! understood her to mean not to take the horse again lest I might get thrown. I said something about the horse when she first told me to go for the doctor. I can't reccollect Exactly what I said, but it was about taking the horse. I was about half an hour going from Gregg's to Christehurcli. It is above two miles from Gregg's to Dr. Fisher's. I considered it my place to go by orders, but I did walk with good speed; not quite as hard as I could. When I saw Gregg I thought he looked very likely^ for death. I think it was my duty in spite or* orders to go as fast as cvor I could. The prisoner said I might call at Mrs. Smart's on my way to the doctor's. I don't remember her saying that I had better go to her brother Ferg«son's, after I had been to the doctor's. I didnot go to Mrs. Smart's on my way down. I remained in Christehurcli rather i more than an hour. Deceased often complained to^me of his stomach, both a long time before and shortly before bis ,

death; I have known him lay down in the field because he said his stomach was too bad for him to come home to take any dinner. \\l have seen him take medicine once to relievo his pain ; ho said tho pain was natural to: him, he had suffered from it for, some years past. : [The further cross-examina-tion by Mr. Wyatt elicited no new facts of any interest.] By tho Jury—-The boy usually slept upstairs in the same room with me.. I never went to Lyttelton for my employers. By the Court—lt was because the prisoner often told me that Gregg was so cross and bad tempered with her that I said she would never havo any peace with him as long as he lived; I cannot recollect whether she made any reply to my observation. Her demeanour was generally kind'to him, and what that of a wifo should be: her manner was the same when he came home the worse for liquor a good many times, shortly before his death. He used on such occasions to say if she'd only let him have his own way, what [a lot of money he could make.

James Gregg", aged about ten, son of the deceased having been interrogated by his Honor before being sworn, said he had been to school. He knew where persons who told lies go to. They did not go to heaven. His Honor expressed himself satisfied, and the witness was sworn. I lived at Riccarton with my father. I remember the morning of his death. I saw him come home the night before at about six o'clock. He first went to the stockyard and played at marbles with me. He and I had tea afterwards. Mother and Edmund had tea with us. I went to bed at eight. Edmund Langstreth went with me.. I woke next morning at five, got up and dressed, and ■went dowlx to the stockyard and saw mother there milking. She said nothing to me about father. I went back into the house again before she had done milking, and afterwards I went into the garden. I first saw Edmund that morning in the stable feeding the horses. Mother did not tell me what time she got up. She told me father had wished to get up at five o'clock in the morning. She did not say why father had not got up". She did not tell me he was ill. We went to breakfast at abouthalf past seven. 1 was digging in the garden froml the time I got up till breakfast. Edmund, mother and I were at breakfast. During breakfast,- father fell down at the foot of the bed. I saw him after he fell. • I was at breakfast in the kitchen. I.stood at the bedroom door, and saw Edmund lift him ; up. • Father said " That'll do Edmund."1 Mother was present, she was putting some clean sheets on the bed, the others being dirty, I could not say with what. After breakfast, I went to school. I did not hear any conversation between father and mother. I don't know whether father had been sick that morning or not. I first heard of his death at twelve o'clock that day. Edmund first told me. I never heard father speak to mother about Edmund. I never remember any row between father and mother about Edmund. I saw father sick, I think on the previous Sunday. Cross-examined by Mr. Wyatt.—Nobody ever told me what to say.here to-day. No one took down on paper what I was going to say. I was # asked about this matter before, by Mr. Seager. I told him what I knew. He took it down on paper and read it over to ms once. I saw Mr. Seager very often about this; I don't know how ' often. He asked me if I thought I could recollect I all he: read: over to me/ No" one told me I should i get anything for, saying .all that. j Samuel Cox was next sworn and said I am a j carter, residing at Fendall Town. I remember I calling at Gregg's house one morning in October, j about nine o'clock. I had stopped to water my i horses. I went into the house after Mrs. Gregg called me in to look at the old man. I followed Mrs. Gregg into the bedroom where Gregg lay. I shook hands with him. I didn't take notice of any conversation which passed between us. He had both his hands crossed on his breast, and he said either "I'm going" or "I'm dying;" I am not sure which. .Mrs. Gregg never s-poke but to ask me to go in to see deceased. This was about nine o'clock. The room was quite clean, and Gregg was perfectly sensible. Richard Bolton sworn. —I am a farmer beyond Riccarton. I remember one morning in October being called by Mrs. Gregg and asked by her to call and request Mrs. Smart to step up as Gregg was dying. This was about 10 o'clock in the morning. I told Mrs. Smart to go, and she went directly. I went on to town, and called at Gregg's on my way back and saw Mrs. Gregg in the kitchen. I said I was sorry for Gregg's death, and asked her what had been the matter with him as he had died so suddenly. She said he had cramp in the stomach and bowels and all over him. She said she hoped they would not hold any jury on him, as it would cause her a clatter and a bustle, and asked me if I thought they would have an inquest. I asked whether Dr. Fisher saw him before he died. She said he had, and that he (Gregg) was quite sensible, and had said she wasn't to trouble about him, his time was come; no one would hurt her. I told her it would depend on Dr. Fisher's opinion whether there would be any inquest or not. She said he was quite sensible to the'very last. She said nothing .about Dr. Fishery's opinion ' about Gregg, except that she thought they would not [have an inquest, that at had been quite a different case with my wife, the doctors not having seen her till after death. Cross-examined by Mr. Wyatt—The prisoner seemed affected when she asked me to call at Mrs. Smart's. No one was present when I had the conversation with Mrs. Gregg after my return from town. She did not say any one had been there and spoken to her about an inquest. Sarah Smart sworn —I live at Riccarton. I remember about 11th October I was sent for by Mrs. Gregg. Bolton came for me, and I went immediately. I cannot say at what time. I saw Mrs. Gregg in the kitchen, and she signified that Gregg was dead. I said " Oh, Mrs. Gregg, why did not you send for me sooner P" She said she had been looking out on the road twenty times and saw no one.. I said " Didn't you see my son Amon at work on the road?" She said'"No." I said ".Why did you riot send for me when you sent the man for the doctor?" She said, she thought it would do well enough when the man came back. I laid out the body. He must have been dead about ten minutes before I arrived. The. room was remarkably clean. I saw no appearance of vomiting or purging. The bed-clothes were quite clean. She said he was taken ill about 4 o'clock in the morning with pain in the stomach and chest. She mentioned that he had been twice vomiting. She said he had taken nothing more than a little tea which she had given him. The doctor had that morning ordered him. brandy, but that he wasn't well enough to take it. Cross-examined by Mr.' Wyatt—She told me she had sent by the man for the doctor. She did not say she told the man to call at my place. lam positive she said she thought it. would do well enough when the man came back. (The learned counsel here noticed a discrepancy between the evidence now given and that given by the witness before the coroner's jury. Of the two statements the witness said that the one now given by her was the correct one.) I had a conversation with Gregg about his health a short time before his death, perhaps a month or six weeks. Ho did not often tell.me he was not well, only usually when we met and I asked how he did, he used to complain of his health. I knew deceased more than six years before his death. He did not always during that whole time complain of being unwell. It is not so much as three years ago since he said he was not-well.

By the Jury~l have been in Gregg's house often before. It was always in a very clean state. •The bed had no shoots on when I was called in. I did not see any sheets at all.

Amon Smart sworn.—l live near Ricoarton. I was working on tho Riccarton road between the Plough Inn and Gregg's houso on the day when he died., I went to work at eight o'clock in the morning and left off ab fivo o'clock in the evening. I did not go home to dinner. I was on tho road the whole timo. I was ou tho opposite side to Gregg's houso. I saw Mrs. Gregg at the ditch by the road side in front of the house. I saw hor twice. She could have scon me if she went out on the road, but not from her own door. There was a broom fence between the road and her house.

Cross-examined by Mr. Wyatt.—l am pretty sure it was Mrs. Gregg, but not quite sure. It was some-time in tho forenoon, but cannot say what time.' It might have been eleven o'clock. I cannot" say.

At;this stage the court adjourned to to-morrow (Tuesday) at 10 a.m.