The strange case of Catherine Foster who poisoned her husband.

 

Catherine was one of two teenage girls executed in the period from 1840 - 1868.  She was just seventeen years old when she poisoned her twenty four year old husband, John Foster a farm labourer, to whom she had been married for only three weeks, at Acton near Sudbury in Suffolk. They were married by the Rev. Mr. L. Ottley on Wednesday the 20th of October 1846.  Mr. Ottley gave her a bible to mark the occasion.  Here is a drawing of Catherine.

John and Catherine had known each other since she was at the village school and had been having a relationship for two years or so, after Catherine had left school at the age of fourteen and gone into service.  John was seven years Catherine’s senior and it is probable that he was rather more keen on her than she was on him.  He also wanted to move out of his mother’s home as his sisters both had small children who got on his nerves.  The relationship with Catherine continued and he persuaded her to marry him, which she did on Wednesday the 28th of October 1846 at Acton church.  The newly weds went to live with Catherine’s mother, Maria Morley, at her cottage in the village.  Catherine stayed with John until the Saturday when she left to visit her aunt in the village of Pakenham for the next ten days.

On Tuesday the 17th of November 1846 Catherine decided to cook dumplings and potatoes with tea for dinner.  That afternoon her mother and John were out at work so only Catherine and her younger brother, eight year old Thomas, were in the house.  John was a healthy young farm labourer who had previously enjoyed good health.  He came home from work some time after six o’clock and went into the yard to wash his hands before eating.  Catherine and Thomas were eating when he came back in and she took his dumpling, wrapped in a cloth, from the stove and gave it to him.  He began to eat it but almost immediately became ill and had to go back into the yard where he threw up.  Catherine took the remains of John’s dumpling out into the yard and broke it up for the chickens.  By seven o’clock when Mrs. Morley returned John had gone up to bed, retching and experiencing severe stomach cramps.  This continued through the night and in the morning Catherine went to the nearby village of Melford to fetch the doctor, Mr. Robert Jones.  She told the doctor that John had a stomach complaint but omitted to mention the vomiting, so he suspected a case of English cholera, especially as it had recently been rife in the area.  He prescribed some medicine which she took home with her and said he would call on John later.  Her mother returned home about three in the afternoon and John died an hour later.  Mr. Jones arrived at about five o’clock and was very surprised to find John dead. He reported the death to the coroner who ordered an inquest and a post mortem.

Mr. Jones and another local surgeon carried out the autopsy and removed John’s stomach for analysis which was sent to Mr. A. E. Image in Bury St. Edmunds. He detected a large amount of arsenic in it and confirmed that this was the cause of death.  John was not the only victim, the chickens, who had eaten bits of the dumpling and John’s vomit which Mrs. Morley had thrown into the adjoining ditch, had also died. Their crops were found to contain arsenic and suet, an ingredient of dumplings.  The coroner’s jury returned a verdict of murder and charged Catherine with the crime.  She was therefore arrested and committed to Bury St. Edmunds gaol, charged with poisoning John.  She passed her eighteenth birthday in Bury St. Edmunds Gaol awaiting trial.

Catherine was examined by the magistrates whilst in prison in the presence of the gaoler’s wife, Mrs. James.  Her mother was also present and took young Thomas with her.  Catherine is alleged to have said to him “You good for nothing little boy, why did you tell such stories” and refused a cake he had brought her.

The police made a search of Mrs. Morley’s cottage on Monday the 24th of November. The constable of Melford, George Green and Sergeant Rogers took samples of flour and also the muslin cloths that were used for cooking dumplings in and sent them to Mr. Image for analysis.  The flour did not contain any poison but one the muslin clothes tested positive for it.

Catherine was tried at the Suffolk Lent Assizes on Saturday the 27th of March 1847 before the Chief Baron, Sir Frederick Pollock, on the charge of the willful murder of John Foster.  She was attired in deep mourning, appeared calm in court and pleaded not guilty.  The prosecution was led by Mr. Gurney and he called a number of witnesses to give the background to the case, John’s previous robust health, the administration of the arsenic and the forensic evidence from Mr. Image who had carried out Reinsch's test and Marsh's test to be certain that what had been found in John’s stomach was actually arsenic. Perhaps the most damning evidence against Catherine came from her younger brother Thomas.  On the day that Catherine made the dumplings Thomas had got home from school at three o’clock in the afternoon.  He told the court saw his sister empty the contents of a small paper packet into the mixture and then throw the paper onto the fire. Elizabeth Foster, John’s mother told the court that she had heard that her son was ill but by the time she got to Mrs. Morley’s house he had died.  When she arrived she found Catherine and Mrs. Morley there and asked Catherine why she had not been sent for earlier.  Catherine told her that John had been too ill to leave and that she had nobody to go and fetch Elizabeth.

Catherine’s defence was presented by Mr. Power who opened by saying that in view of the handbills that had been circulated around Suffolk proclaiming his client a murderess before she was even tried it made a fair trial very difficult.  He endeavoured to destroy the alleged motive for the murder by showing that Catherine and John had actually been in love using the letters that she had written him before their marriage, which were found in his effects after he had died.  He also told the jury that when Catherine had suggested visiting her aunt, John had told her to take a month but she returned after just ten days.  None of this succeeded and the jury found Catherine guilty after fifteen minutes of discussion.  As it was nearly seven o’clock in the evening sentencing was postponed until nine o’clock on the Monday morning.  Sir Frederick Pollock told her “And it is my melancholy duty to pronounce the sentence of the law upon you, which in conformity and in obedience to the law of God, requires that your life should be forfeited for the crime you have committed. I would advise you to make the utmost use of the short time that may remain to you in this world. Seek peace and mercy where now alone you will be able to find them. It remains for but to pass the judgment of the law, that you be taken to the place from which you came, and thence to the place of execution, and there be hanged by the neck till you are dead, and that your body be buried in the precincts of the prison in which you shall last be confined. And may God in His infinite mercy have compassion your soul.”  Catherine displayed no emotion at the verdict and very little when she was sentenced to death.

Little is reported of her time in the condemned cell where she received the ministrations of the chaplain, the Rev. Mr. Thomas West, the Gaol chaplain, the Rev. Mr. L. Ottley, her parish priest and the Rev. Mr. C. J. P. Eyre.  On Friday the 16th he preached the condemned sermon in the Gaol chapel.  Catherine asked him to be with her at the execution.  On the 12th of April, in the presence of Mr. P. Macintyre, the prison’s governor, and Rev. Mr. West, the she made and signed a written confession in which she accepted her guilt and said that she deserved her punishment but did not give any reason for the killing.  Catherine asked Mr. Ottley to take the bible he had given to John’s mother, as a memento to her son.  She appears to not to have been hysterical as some women were in this position and to have remained composed throughout her time in the condemned cell.

The hanging was carried out at 9.00 a.m. on Saturday the 17th of April 1847 by William Calcraft on the New Drop gallows, erected in the meadow outside Bury St. Edmunds Gaol.  It was reported that having been pinioned, Catherine walked unsupported through the prison to the stairs leading to the iron door in the prison wall and through it onto the gallows.  A warder tried to assist her to climb the steps but she refused his help.  As per her request the Rev. Eyre was present.  On the platform she remained calm and surveyed the crowd.  Catherine was asked by the governor, Mr. Macintyre, if she had any final words and replied “No, I thank you Sir, I cannot speak.”  Calcraft then completed the preparations.
It was recorded by the Bury Post newspaper that when the bolt was drawn “her limbs were convulsed for a minute or so and that she plucked at her gown with her pinioned hands.  A thrill of horror ran through the crowd” which numbered some ten thousand people, among them many women.  The execution was described as a deeply moving spectacle by witnesses.  After hanging for an hour Catherine’s body was taken down and removed to a room inside the prison where a plaster cast was made of her head.  It was afterwards buried within the prison as was now the legal requirement and quicklime was added to the coffin, as it was thought to speed decomposition.

Future executions at this prison took place on the flat roof between the Infirmary and the entrance to the Porter's lodge as it was felt that the crowd had been able to get too close to the gallows and its teenage prisoner.  The iron door to the meadow had been installed for the execution of William Corder on the 11th of August 1828.

After the body was taken down a letter to her mother was discovered hidden in her bosom.  Apparently Catherine did not want it delivered to her mother as when asked by the governor if there was anything she wanted him to do for her she answered no.  The contents of the letter are very strange, considering Catherine’s death was so imminent.  Here are several paragraphs of this letter - “My dear Mother, I never wrote to you with so much joy and pleasure in all the letters that I have wrote to you. Dear Mother, you know I never had any wish to live and I wish it had pleased the Lord to call before I had known anything.  My dear Mother, I hope you will make yourself happy for me, for I am going to a better place than being in this world of trouble, and I wish I had been there ten years ago, but I am glad to come to it at last.  Dear Mother, if my life could have been spared I did not wish for it.  This is from the bottom of my heart.  I have a great hope that I am going to Heaven and there to see my Saviour face to face and also the dear creature that I have injured (John) and the years that I might have spent in pleasure with him on earth, I hope I shall rest with him in Heaven.”
It was reported that some years earlier Catherine had told her mother that she wanted to die young, so perhaps this was her way of realising this desire.  As a child she was withdrawn and silent and did not make friends.

What made a seventeen year old girl poison her husband of three weeks?  We cannot know but her confession makes it clear that while she was not in love with John, she had no reason to hate him or want him dead.  There has never been any suggestion that she stood to benefit financially from the murder.  It has been suggested that she was pushed into marriage by her mother but this was not what Maria Morley told the court.  In fact almost the opposite was the case, she seemed concerned that Catherine was too young at seventeen.  The undelivered letter to he mother likely offers the best clue to her motive.

She was the last female to be hanged in public at Bury St. Edmunds.  A pamphlet was printed about the execution by an anti death penalty group decrying that a seventeen year old girl was to be “PUBLICLY STRANGLED”.

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