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I
THE TRIAL

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(Account taken from a contemporary journal)

"To-day, March 3, the Court being sat in the Castle at Launceston, about eight o'clock in the morning, the prisoner was set to the bar.

"Sophia Bendigo, of the parish of St. Annan in this county, was indicted, for that she, not having the fear of God before her eyes, but being moved and seduced by the instigation of the devil, on October 20, in the 24th year of his Majesty's reign, and again since, to wit, on October 21, with force and arms upon the body of Constantine Bendigo, Gent., her father, did make an assault, and in her malice aforethought, did kill and murder, by putting into some water-gruel a certain powder called arsenic, and afterwards giving to him, the said Constantine Bendigo, a potion thereof, knowing it to be mixed with the powder aforesaid, so that he, the said Constantine, was poisoned, and of which poison, he, the said Constantine, died, on the 22nd of the said month of October; against the peace of our Sovereign Lord the King, his crown and dignity.

"The Counsel for the Crown were the Hon. Mr. Bathwick; Mr. Sergeant Wheeler; Mr. Grice, Town Clerk of Launceston; Mr. Rose, Mr. Kirton, and the Hon. Mr. Harrington: And for the prisoner, Mr. Ford, Mr. Bennett and Mr. Walton.

"The Counsel for the Crown having opened the indictment, proceeded to inform the Court and Jury that this prosecution was carried on by the order, and at the expense of his Majesty (who is ever watchful to preserve the lives, liberties, and properties of his subjects) against the prisoner at the bar, Sophia Bendigo, for one of the most atrocious crimes; the cruel, inhuman, and deliberate murder of her own father: That the prisoner at the bar was the daughter and only child of Mr. Constantine Bendigo, Squire of Troon, in the hundred of Penwith, a gentleman both by his birth and education; that as she was the only, so she was the beloved child of her father, who had spared no pains in giving her a genteel, as well as a pious education; that her father, indeed, had used this pious fraud (if he might be allowed that expression) in saying that her fortune would be £10,000, to the end, he supposed, that his daughter might be married suitable to such a fortune. That in June of the preceding year one Capt. William Lucius Crandon came to Penwith map-making, and hearing that Miss Bendigo was a £10,000 fortune, and having a mind to marry this fortune, notwithstanding he had a wife and child alive, contrived to get acquainted with this family; how well he succeeded, and how sadly for this family, this unhappy catastrophe has shown. That Mr. Bendigo, having been informed that Mr. Crandon was married, he desired his daughter to break off all correspondence with him; that instead of doing so, she acquainted Mr. Crandon with her father's command, who, instead of clearing his character to her father's satisfaction, contrives the means and persuades this beloved, this tenderly indulged daughter, to be an actor in her father's destruction.

"That the Captain left Cornwall at the end of September, since when, on the miscarriage of his plans, he had disappeared entirely; and soon after he is gone, we find this wicked scheme beginning to be put into execution. That on October 20, Mr. Bendigo found himself much disordered after taking some tea, that next day, the prisoner having made him another dish of tea, deceased had thought it to taste odd and sent it downstairs; that Crandon, to hasten the work of destruction, sent a letter to the prisoner, making use of an allegorical expression, not to spare the powder, in order to keep the rust off the pebbles. That the tea being too thin to admit of a larger quantity at the time, you will find by the witnesses that shall be produced, that the prisoner did mix a large quantity of the powder in a pan of water-gruel and gave some of it to her father next day which had such terrible effects as to occasion his death on the morning of the 23rd. That he would call the physicians first, and they would prove that what was administered to the deceased was poison and the cause of his death.

"Mr. Harvey, of St. Annan, and Dr. Polwhele, of Penzance, were then called and both sworn; and Mr. Harvey said that, being on the evening of the 22nd sent for to Mr. Bendigo, he thus made his complaints: That he had a violent burning pain, saying it was a ball of fire in his guts, that he vomited much since taking some tea two days before and again after taking some gruel that evening, that he had a cold sweat, hiccups, prickings all over his body, which he compared to a number of needles. He desired to drink, but could not swallow, his pulse intermitted, his tongue swelled, his throat was excoriated, his breath difficult and interrupted. Towards morning he grew worse, became delirious and sank gradually, dying about six o'clock in the morning.

"Being asked if he thought Mr. Bendigo was poisoned, witness answered, He really believed he was, for that the symptoms, while living, were like those of a person who had taken arsenic; and the appearances after death, like those that were poisoned by arsenic."[A]

"King's Counsel: Did you also make an examination of the powder found in the gruel?

"Mr. Harvey: I did. I threw it upon a hot iron; boiled ten grains in water and divided the concoction, after filtering it into five equal parts. Into one I put oil of vitriol, into another tartar, into the third spirit of sal ammoniac, into the fourth spirit of salt, and into the fifth spirit of wine. I tried it also with syrup of violets, and made the like experiments with the same quantity of white arsenic which I bought in Penzance. It answered exactly to every one of them, and therefore I believed it to be white arsenic.

"Mr. Harvey further deposed that Mr. Bendigo told him that he suspected poison, and that he believed it came to his daughter with the serpentine beads, for that his daughter had had a present of those damned pebbles that morning; that if he, this witness, would look in the gruel, he might find something, that when he, this witness, asked Mr. Bendigo whom he imagined gave him the poison, he replied, A poor love-sick girl, but I forgive her; what will not a woman do for the man she loves?

"That later on the evening of the 22nd, Mr. Bendigo being a trifle easier, consented to see Miss, that he, this witness, was present when Miss came into the chamber, and fell down upon her knees, saying, Oh! sir, forgive me! Do what you will with me, and I'll never see Crandon more if you will but forgive me. To which Mr. Bendigo replied, I forgive thee, but thou shouldst have remembered that I am thy father, upon which Miss said, Oh, sir, your goodness strikes daggers to my soul; sir, I must down on my knees and pray that you will not curse me. He replied, No, child, I bless thee and pray that God may bless thee and let thee live to repent. Miss then declared she was innocent of this illness, and he replied, that he feared she was not, and that some of the powder was in such hands as would show it against her. Witness added that deceased, before Miss Bendigo's entry, had bidden him look to the remainder of the gruel.

"Prisoner's Counsel: Who was it sent for you when deceased was taken ill?

"Harvey: James Ruffiniac,[B] the steward, fetched me and said it was at the command of Miss Bendigo, who said, to-morrow will not satisfy me, you must go now, which he did.

"Prisoner's Counsel: All the years you have known Miss Bendigo what has been her behaviour to her father? Has she not always done everything that an affectionate child could for her father's ease?

"Harvey: She always behaved like a dutiful daughter, as far as ever I knew, and seemed to do everything in her power for her father's recovery whenever he was indisposed.

"King's Counsel: Did she tell you that she had put anything into her father's gruel and that she feared it might in some measure occasion his death?

"Harvey: She never did.

"Dr. Polwhele, having been sworn at the same time as Mr. Harvey, and stood in Court close by him, was now asked by the King's Counsel if he was present at the opening of Mr. Bendigo and whether the observations made by Mr. Harvey were true: he said he was present and made the same observations himself. He was then asked what was his opinion of the cause of the death of Mr. Bendigo, and he replied, by poison absolutely.

"Eliza Ruffiniac, being sworn, said, that on the afternoon of the 20th, her master being unwell, from (as they thought at the time) an attack of bile, Miss Bendigo, the prisoner at the bar, made him a dish of tea. That after taking it he was very sick, but seemed easier next day, when Miss again made him some tea which he did not drink. That next evening he sent for the witness and asked for some water-gruel to be made; that Miss on hearing of it, said, I will make it, that there's no call for you to leave your ironing; that Miss was a long time stirring the gruel in the pantry, and on coming into the kitchen said, I have been taking of my father's gruel, and I think I shall often eat of it; I have taken a great fancy to it.

"King's Counsel: Do you recollect that one Keast, the cook-maid, had been taken ill with drinking some tea the day before, and tell the Court how it was.

"E. Ruffiniac: Hester Keast brought down the tea from my master's room and afterwards drank it in the scullery, where I found her crying out she was dying, being taken very ill with a violent vomiting and pains and a great thirst.

"Prisoner's Counsel: On that occasion, how did Miss Bendigo behave?

"E. Ruffiniac: She made Hester Keast go to her bed and sent her a large quantity of weak broth and white wine whey.

"King's Counsel: Did you ever see Miss Bendigo burn any papers, and when?

"E. Ruffiniac: On the evening of the 22nd, Miss brought a great many papers in her apron down into the kitchen and put them on the fire, then thrust them into it with a stick and said, now, thank God, I am pretty easy, and then went out of the kitchen; that this witness and Hester Keast were in the kitchen at the time; that they, observing something to burn blue, it was raked out and found to be a paper of powder that was not quite consumed; that there was this inscription on the paper; Powder to clean the pebbles, and that this paper, she, the witness, delivered to Dr. Polwhele next day. Being shown a paper, with the above inscription on it, partly burnt, she said she believed the paper to be the same the prisoner put into the fire and she took out.

"This witness was asked if she ever heard the prisoner use any unseemly expressions against her father, and what they were? Replied, many times; sometimes she damned him for an old rascal; and once when she was in the dairy and the prisoner passing at the time outside, she heard her say, Who would not send an old father to hell for ten thousand pounds?

"Hester Keast, the cook-maid, deposed, That, on the 21st she bore down her master's dish of tea and drank of it, being afterwards taken very ill, that on the next day, being down in the kitchen after her master was taken ill, Lylie Ruffiniac brought a pan with some gruel in it to the table and said, Hester, did you ever see any oatmeal so white? that this witness replied, That oatmeal? Why, it is flour! and Lylie replied, I never saw flour so gritty in my life; that they showed it to Mr. Harvey, the apothecary, who took it away with him.

"James Ruffiniac was next called and sworn.

"King's Counsel: When your master was dead, did you not have some particular conversation with the prisoner? Recollect yourself, and tell my Lord and the Jury what it was.

"J. Ruffiniac: After my master was dead, Miss Bendigo asked me if I would live along with her, and I said no, and she then said, If you will go with me, your fortune will be made; I asked her what she wanted me to do and she replied, Only to hire a post-chaise to go to London. I was shocked at the proposal and absolutely refused her request. On this she put on a forced laugh, and said, I was only joking with you.

"Charles Le Petyt, Clerk in Holy Orders, was next called and sworn, and said, That, meeting Miss Bendigo in St. Annan when the crowd was insulting her, he took her into the inn, and spoke with her there, asking if she would not return home under his protection; she answered yes, that upon this he got a closed post-chaise and brought her home; that upon her coming home she asked him what she should do, that he, having heard her, said that they should fix the guilt upon Crandon if she could produce anything to that end, but in some agony she replied she had destroyed all evidences of his guilt.

"Prisoner's Counsel: Do you, Mr. Le Petyt, believe that the Prisoner had any intention to go off, from what appeared to you, and if she was not very ready to come back with you from the inn?

"Le Petyt: She was very ready to come back, and desired me to protect her from the mob, and she had, I am sure, no design to make an escape.

"Here the Counsel for the Crown rested their proof against the prisoner, and she was thereupon called to make her defence.

"Prisoner: My Lord, in my unhappy plight, if I should use any terms that may be thought unfitting, I hope I shall be forgiven, for it will not be with any desire to offend. My Lord, some time before my father's death, I unhappily became acquainted with Captain Crandon. This, after a time, gave offence to my father, and he grew very angry with me over Captain Crandon. I am passionate, which I know is a fault, and when I have found my father distrustful over Captain Crandon, I may have let fall an angry expression, but never to wish him injury, I have always done all in my power to tend him, as the witnesses against me have not denied. When my father was dead, being ill and unable to bear confinement in the house, I took a walk over to St. Annan, but I was insulted, and a mob raised about me, so that when Mr. Le Petyt came to me I desired his protection and to go home with him, which I did.

"I will not deny, my Lord, that I did put some powder into my father's gruel; but I here solemnly protest, as I shall answer it at the great tribunal, and God knows how soon, that I had no evil intention in putting the powder in his gruel: It was put in to procure his love and not his death.

"Then she desired that several witnesses might be called in her defence, who all allowed that Miss Bendigo always behaved to her father in a dutiful and affectionate manner. And Anne Lear and Elizabeth Pollard, women occasionally employed at Troon, deposed that they had heard Lylie Ruffiniac say, Damn the black bitch (meaning the prisoner), I hope I shall see her walk up a ladder and swing.

"The prisoner having gone through her defence, the King's Counsel, in reply, observed, That the prisoner had given no evidence in contradiction of the facts established by the witnesses for the crown; that indeed, Anne Lear and Elizabeth Pollard had sworn to an expression of Lylie Ruffiniac, which, if true, served to show ill-will in Ruffiniac towards the prisoner, but that he thought the incident was too slight to deserve any manner of credit. That the other witnesses, produced by the prisoner, served only to prove that Mr. Bendigo was a very fond, affectionate and indulgent parent, therefore there could be no pretence of giving him powders or anything else to promote in him an affection for his daughter. That if the Jury believed the prisoner to be innocent, they would take care to acquit her: but if they believed her guilty, they would take care to acquit their own consciences.[C]

"The prisoner desired leave to speak in answer to what the King's Counsel had said, which being granted, she said, The gentleman was mistaken in thinking the powders were given to her father to produce his affection to her, for that they were given to procure her father's love to Captain Crandon.

"The judge summed up the evidence in a clear and impartial manner to the Jury, and they, without going out of Court, brought in their verdict: Guilty, Death.

"After sentence of death was pronounced upon her she, in a very solemn and affecting manner, prayed the Court that she might have as much time as could be allowed her to prepare for her great and immortal state. The Court told her she should have a convenient time allowed her; but exhorted her, in the meantime, to lose not a moment, but incessantly to implore the mercy of that Being to Whom alone mercy belongs."

Beggars on Horseback

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