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Elizabeth Fenning: A Miscarriage of Justice in 19th Century England — History is Now Magazine, Podcasts, Blog and Books | Modern International and American history

Elizabeth Fenning: A Miscarriage of Justice in 19th Century England — History is Now Magazine, Podcasts, Blog and Books | Modern International and American history


Elizabeth “Eliza” Fenning was born on June 10, 1793 in the Caribbean island of Dominica.

Her parents William and Mary Fenning had a total of ten children, but only Elizabeth survived to adulthood, a common occurrence due to the high infant mortality rate at the time.

Her father had been a soldier. Upon his discharge, the family settled in London and he transitioned to selling potatoes.

The family was very poor, as such there were very few opportunities available to Elizabeth. She learnt to read and write, and by the age of 14 she entered service, working as a domestic servant.

By 23 she got a job as a cook to the wealthy Turner family, joining a staff that consisted of a maid, Sarah, and two male apprentices.

Olibar Turner, a wealthy tradesman lived at Chancery Lane, London with his wife, Margret, son Robert, and daughter in law Charlotte. Elizabeth was an easy going, dedicated worker, but a few weeks into her employment she had a falling out with Charlotte Turner, who threatened her with dismissal, for entering the room of an apprentice, partially dressed, to borrow a candle. Given the morals of the time partially dressed could even mean not wearing her stockings.

 

Dumplings

Elizabeth was hurt by what she considered a questioning of her morals and confided her feeling to Sarah, hinting that she now disliked Charlotte.

On March 21, Elizabeth asked to showcase her dumpling making skills and was granted permission to make dumplings and potatoes for the family lunch, and steak pie for the servants.

The Turner’s, with the exception of Margret who was absent, immediately became violently ill after eating the pudding. Elizabeth and an apprentice who had also eaten the pudding became just as sick.  A doctor was called. He diagnosed arsenic poisoning and after a brief investigation, concluded it had been mixed in the dumplings.

On April 11 while the family was recovering from the effects of the poison, a still unwell Elizabeth was arrested and tried for attempted murder.

The  case was presided by Sir John Sylvester at the Old Bailey. The evidence against Elizabeth was circumstantial, the state claimed she had motive, (revenge against Charlotte who had earlier reprimanded her) opportunity, (being alone in the kitchen) and means, (access to arsenic, normally used to kill rats, kept in the apprentice room drawer). Despite all their evidence being countered by facts, such as that Elizabeth had also eaten the dumplings and become sick, the drawer containing the arsenic was assessable to every member of the household, no arsenic had been found in the flour used to prepare the dumplings, and five witnesses who testified to Elizabeth’s good and honest character, the jury sentenced her to death by hanging, the then punishment for attempted murder.

Working people, angered by the injustice of the trial and convinced of her innocence, started a petition to have her reprieved. Even the Turners doubted her guilt and were ready to sign the petition but changed their minds, after being warned that they would be investigated for the crime if Elizabeth was reprieved. The reprieve was denied.

 

Death

So on July 26, wearing what was originally intended as a wedding dress, Elizabeth Fenning was hanged. She maintained her innocence till the end. Her funeral was held on July 31.

Immediately after, an angry mob surrounded the Turner home threatening to burn it down. They were dispersed by police, who remained days after to prevent harm to the family.

But the hatred of the Turners remained. They eventually went bankrupt and Robert Turner ended up in a workhouse. People, especially the working class, saw the injustice of her death. They knew it was a message to the poor servants: Don’t ever even think of harming your rich masters.

So did Elizabeth Fenning really try to poison the Turners?

I strongly believe that she did not. One, there was no real evidence of the sickness being caused by arsenic poisoning. The doctor, Dr. John Marshall, only assumed it was because, arsenic was in the home, and the cutlery used in eating the pudding had turned black, which he claimed was the result of arsenic on silver. That claim was later proved to be false. For all anyone knew the Turners may have been suffering food poisoning. And, just before the trial Elizabeth was given a choice – trial or deportation to a colony. She chose going to trial, obviously because she knew she was innocent and felt it would be proven.

Two, if arsenic was used Elizabeth wasn’t the only one with access to it. The two apprentices and maid Sarah did too, and Elizabeth did leave briefly to go to the butcher shop while the dumplings were being prepared. Anyone in the household could have poisoned them in her absence.

So if the Turners were poisoned, who did it?

Maybe Sarah, taking advantage of Elizabeth’s strained relationship with Charlotte, tried to poison the family knowing Elizabeth would be accused. Robert Turner on his death bed was said to have admitted to the crime.

Whatever the truth, the fact remains there was no evidence against Elizabeth Fenning. She was convicted because she was a poor Irish servant and her supposed victims were a rich English family. Her sentence and execution was one of the worst miscarriages of British justice.

 

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