A poisoner chose arsenic as his weapon to kill his wife, but sadly missed his target and killed his own child and a neighbour. His lawyer had objected to the second trial, on the grounds of double jeaopardy (or ‘autrefois acquit‘), but the Judge did not agree. Since the Criminal Justice Act 2003, double jeopardy has been permitted in England and Wales only in certain (exceptional) circumstances.
“A laborer at Hempnall, named Daynes, was tried on Friday at the Norfolk assizes for murdering his own child, by placing arsenic in the tea-kettle. His wife and another child narrowly escaped, and a woman names Mills died. He was acquitted, from the want of proof, and on the ground that he could have no motive to destroy his family. He was afterwards tried for murdering Mills, his intention being to poison his wife that he might marry a widow named Lloyd, with whom he had illicit intercourse: her evidence brought the crime home to him and he was found guilty. The Judge, in passing sentence, earnestly exhorted him not to indulge the faint hope of mercy. In the evening he made a full confession of his guilt; that he had for months meditated poisoning his wife with arsenic, which he purchased at Norwich, and had twice endeavoured ineffectually to carry his deadly purpose into execution, once by putting the poison in some fried potatoes, and afterwards in pea-soup, but both failed: his third attempt ended in the destruction of two against whom he had no enmity, whilst his intended victim again escaped. Mr. Taylor, for the prisoner, who had objected to the second trial on the ground of autrefois acquit, urged the stay of judgement until the opinion of the 15 Judges had been taken, but Mr. Justice Vaughan declined, adding, however, that he should meet all the Judges on Monday, and would mention the point to them, but he desired the matter should not be mentioned to the prisoner, that he might not calculate on an escape from execution.”
The Stamford Mercury, 19th April, 1839.