Mrs. Maybrick's Own Story: My Fifteen Lost YearsMaybrick, Florence Elizabeth
History
Mrs. Maybrick's Own Story: My Fifteen Lost Years
Maybrick, Florence Elizabeth
Maybrick, Florence Elizabeth, 1862-1941; Trials (Murder) -- England; Women prisoners -- England
Mrs. Maybrick voluntarily told her solicitors, Mr. Arnold and Mr.
Richard Cleaver, directly she was arrested and even before the inquest,
that she had, at her husband’s urgent request, put a powder into a
bottle of Valentine’s meat juice, but that she did not know, until
Mrs. Briggs informed her that arsenic had been found in a bottle of
meat juice, that the powder she had put in was assumably arsenic. [At
the trial both Mr. Richard and Mr. Arnold Cleaver, her solicitors,
offered to give evidence to this effect, but Justice Stephen refused to
admit it.] She also tried to tell Mrs. Briggs the same thing, but the
policeman stopped the conversation; and she also told it to her mother
on her arrival. Mrs. Maybrick made no attempt at concealment about
having put this powder in, although no one had seen her do it, and her
solicitors, instead of relying as a line of defense on showing there
was no “mens rea” in what she had done, kept back her account of what
she had done. At the trial, however, after all the evidence for the
prosecution had been concluded without a single witness speaking of her
having put anything into anything, she _insisted_ on telling the jury,
as she had told her solicitors, that she did put a powder into a bottle
of meat juice, in accordance with an urgent request of her husband’s,
but that she did not know it was arsenic. If she did not know, there
was no “mens rea.” Upon that evidence, and upon certain suspicious
circumstances connected with her conduct in taking the meat juice into
the dressing-room and replacing it in the bedroom, the judge, as it is
submitted, _misdirected_ the jury in the following passage:
“Mr. Michael Maybrick says: ‘Nothing was given to my brother out of
that.’ That is to say, nothing was given to him out of the bottle
of Valentine’s meat juice, which undoubtedly had arsenic in it.
Its presence was detected, but of that bottle which was poisoned
he certainly had none. He had a small taste of it _before it was
poisoned_, given him by Nurse Gore.”
It is submitted that the words “before it was poisoned” is _a gross
misdirection_.
MISDIRECTION AS TO IDENTITY OF MEAT-JUICE BOTTLE
It may be convenient here to interpose the following remarks on
the subject of the identity of the bottle. Counsel will observe
that the judge referred to the evidence at the inquest and at the
magisterial inquiry, which, it is suggested, enables a reference to
any discrepancies in the evidence of the witnesses on the three
occasions--inquest, magisterial inquiry, and trial.
The identity of the half-used bottle, which was found to contain “half
a grain of arsenic in solution,” with the bottle which Mrs. Maybrick
took into the dressing-room, was not proved. It was assumed alike by
the prosecution and the defense, and by Mrs. Maybrick herself, _but it
was not proved_. It was proved that there was another half-used bottle,
of which James Maybrick had partaken on Monday, 6th of May, when Dr.
Humphreys said:
Public-domain text, read in full here on John Shaqi.
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