[list-cumbria] Carlisle Patriot, 13 Mar 1824 - Cumberland Spring Assizes (15)

[Petra Mitchinson]

Saturday 13 Mar 1824   (p. 1, col. 5 - p. 4, col. 5, and p. 1, col. 4)

 

CUMBERLAND SPRING ASSIZES. 

 

CROWN CALENDAR. 

 

[continued] 

 

Mary AIKIN examined by Mr. ALDERSON.-On the 6th of July, I went to the house of the prisoner, with Elizabeth IRVING. We found her
below-stairs, and the door was open. We observed in the lower room, certain appearances in different places on the floor below (the
witness spoke with great reluctance)-what belongs to * * * * * *. I am a married woman. When I went in, I said, "Jane, what's the
matter with thee." She said, "Nothing at all was the matter." We asked her where the child was? She said it was in upon the coals,
in the coal-house. I then went out. I was not upstairs at all. 

 

Cross-examined by Mr. COURTENAY.-I am a married woman, and have had children; and I judged from appearances that the prisoner had
been delivered in that room. I know the relief * * *. It is * *. I have had two children. 

 

Jane IRVING, examined by Mr. PATTESON.-I went to Jane GATE's house about seven in the evening of the 6th of July last. I went with
others. I asked her what she had been doing: and she not answering, I asked her where the child was. She said it was in the
coal-hole. I took it out by the arm; it was a boy. I cannot certainly say whether it was full-grown or not. The child was afterwards
shewn to Mr. WISE, surgeon. 

 

Daniel WISE, examined by Mr. ALDERSON.-I am a surgeon residing at Dalston. I was ordered by the overseers to go to the prisoner's
house to see a child, on the 6th of July about eight at night. The body appeared as if covered with coal dust-it was covered with
coal dust. There was blood upon the head: very little, then. I found what we call the parietal bone of the cranium fractured so as
to allow of the protrusion of a portion of the brain. If this child had been born alive, that fracture was certainly sufficient to
cause death. The fracture might have been occasioned by dashing it against something; or, probably, by treading upon it. I should
think it would not require a great deal of violence to accomplish the fracture on account of the tenderness of the bone. The scalp
was bruised considerably, and several little wounds were on it: some had an appearance as if done by a sharp instrument. In the
inner angle of the left eye, there was a deep puncture, penetrating to the bone. That could not have been inflicted by dropping to
the ground, unless the child had fallen upon some sharp-pointed substance. On the left arm, there were two deep wounds; one above
the elbow; the other below: they were what I should call incised wounds-produced by some sharp instrument-a clean cut. I did not
perceive much blood. I observed a wound on the left thigh also-an incised wound about two inches long, and the eighth of an inch
deep, or a little more. The general appearance of the body indicated that it had been [          ] by fire. The child apparently
full-grown: The navel string had not been tied. I examined the internal parts-they were quite perfect. According to my opinion, I
cannot positively speak as to the child having been born alive.-I ask you, according to you [           ]t? The child was certainly
a healthy born child according to all appearances; but it might be a still-born child after all.-What were the appearances which
induce you to say that it might have been a still-born child? 

 

Mr. COURTENAY objected to this question. 

 

Mr. ALDERSON.-I ask you, then, whether there was [            ] appearance of its being a still-born child? I do not know, how to
answer that question. [          ]he appearances of other children that are still-born [   ] the laxity of the flesh, and other
appearances.-By what other appearances? I can say no more, Sir-it [            ] what we judge by; we judge by general
appearance.-Now, if the child were born alive and afterwards had died, would the flesh have been relaxed? Yes, it would certainly;
it would become more relaxed after death.-Did you see the lungs? Yes.-Can you judge whether they had been inflated with air or not?
Undoubtedly they had been inflated with air. Any person acquainted with [       ] midwifery, must have witnessed that a child may
have been born alive and die instantly; and it is possible for a child to be partially born, and yet the lungs are inflated; but I
think, from high authority that it is [   ] criterion to judge by.-What is your judgment upon the whole appearance? I cannot form a
judgment whether born alive or not.-Now as to the flowing of blood?-- 

 

Mr. Justice HOLROYD now interposed. The evidence, said his Lordship, to establish murder, must be undoubted; it is not so, according
to the surgeon. There is ample proof that she concealed the birth; so that she will not be free from punishment, although we may
remain in doubt whether she put the child to death or not. 

 

Mr. ALDERSON said he was not in a condition to carry [      ]e any further, if that was his Lordship's opinion. 

 

Mr. Justice HOLROYD then addressed himself to the Jury, and repeated what is stated above. There was no blood flowing from the
wounds. She did not seem to have dealt with the child as if she intended to murder it. There might be very strong suspicions; but
there was no proof sufficient to convict. She clearly came under the punishment of the statute for concealment of the birth. "You
will say, Gentlemen," concluded his Lordship, "if you wish the evidence to proceed further or not?" 

 

The Jury were of opinion that the murder had not been sufficiently established, and the following verdict was recorded:-"Not Guilty
of Murder; but the Jury find that she was delivered of a male child, which, if born alive, would have been a bastard; and that she,
by secretly throwing the child into a coal-hole, endeavoured to conceal the birth thereof." 

 

The prisoner was also arraigned for the murder as a matter of form, on the verdict of the Coroner's inquest, but acquitted without
inquiry. 

 

In passing sentence of two years' imprisonment upon the wretched woman, his Lordship said the circumstances developed in evidence
were of an extremely suspicious nature; but in consequence of the testimony of the surgeon, the Jury had done right, in his opinion,
by acquitting of the murder. "Whether you have committed the murder or not," his Lordship observed, "must remain with your
conscience. If you have done so I hope and trust you will repent, and seek to obtain forgiveness from him who alone can grant it." 

 

 

[to be continued] 

 

 

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