The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-07-27 00:00:00

THI MURDER AT POILTL•ND COxVICT PRIIIOII.

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- --- • —• • ••••••....
Al half.pnit OUP o'clock tbis convict JoisaA
pertsisrye, under seotence of seven yesre' penal
servitude for larceny from the person at Staff ord, was
plsoed at the bar charged Inth the wilful murder of
loaeph 'Devitt, aa ultimata warder at Portland ceoviot
establishment. March 23n1.

Mr. (I-17. Collier appeared for the
o.reutlon.

The Primmer. s 8130C1 sturdy 021111, who teemed to
have improved touch in appearaucv slue. he rtiait
Lefore the coroner, manifested the greateiit indifference.
Ilis Lordship asked the piiwiner whether he hail
employed any gond, num to conduct his defence
The I'd, me repliiil "No."
111.1 I oril lot. I Lieri • sentlesir:n lo r who is
wilhe.g to trk, up your emu', and do all lie can for you.
fra•roa r . '.that I ha,: to uy I can ray to the joy, Inarca.
Jarge told Mr. Saunders that he was clually
obliged to aim.
Mr. CAe thrk opened the eave for the pmdeentioni
role: car, lolly ova., the atftor•ard, da•i,e'l in
Ike ow hkuc.., arid'pr,uu,ugLe reurut that the urisonar
110 not wrx.l. 41 I itat,ell thiinasistani:ii of enuoveL
unalel Lottery lu. 4, au which the molder
wss cututuattod, was prioiusedjocrett. The battery
appeared lob* • peetair,a, or five-sided eruation, faced
with owes on the The outside of the battery
; a row ,arrxtil,, height with a coati., Rini slop. ;

bat inside them is fires so elevation of about eight
bet In perpendicular height, cm four sides of the
pentagon, ea the top of this Is a level path,
sod nhove thy the oalh of the battery
_isrun rice to
their full befell, Thu • road or shelf is left foot/lithe
rowed the battery, at about midway between the level
apsa space inside mid the top. At the middle angle of
these four sides is • depression, under which is • strong
stone louediaton culled the "stone pivot," and from ehe
top of this, which is • little lower than the path or road
dnaanined, ,ees Famed • number of plank; forming no
innfinnkegiegdown to the Boor of tbe battery, and atthe
and of the plank incline were four Lary:ebbe:km of stone
in • line nearly continuous from the plank Widths. The
other or fifth aide of the battery was separated by two
openings from the other four sidea, and a general
Idea of lie position may he gained by &swing a little at
right nugles to, bat, little muuratsi from, the ansh of
a letter Tf, only remembering that in Plat* of the tom
at the bottom of the 1T them should be two straight
lines joined to the others at eagles. Looking (rein the
separated side of the battery, the piths where the
warder WU standing wee on the raised path on the left
hand of the battery, and the prisoner waa working nearer
to the stone pivot.
Mr. Rhodes, Mark of the works at Portland Prison,
deposed that the model produeed was • earrect one of
battery No. 4, in which Jonah Dethridge was working
on the morning on the 23rd !larch. It was on a scale
of • quarter of so inch to • foot. From the point where
the warder fell to where Prisoner was standing was
about g feet In perpendicular height, and about 9 feet on
the elope. •
Gnonne Clifton, governor of PortLnd Convict Prison,
said : Prisone r warn • °Artist in Portland Prison in
Knish wt., under sentence of penal servitude for 7
years. Witness had, on 23rd March, a warder named
Trevett Is charge of • gang of convicts. 16 were under
the immediate charge of Trevett, including the prisoner
at the boar. Assastentewarder Holmes was work-
ing with six men at the other end, and three were
working separately. This waa in battery No. 4, then
completed. In the course of the morning of the 23rd,
it was reported to him that s warder had been :assaulted,
and he went down to the hospital, and saw warder
Trevett with the medical officers rendering him all
possible maistance. Prisoner was ordered into special
caatody. On blerch 1, Trevatt bad made a report
against Dethridge for insoltines, and he (the governor)
awarded a trading punishment. Trevett entered the
service in June, 1861. He was a firm kind officer, and
he (the governor) never had had a complaint against
him before. He insisted on hie orders being serried out
strictly by the o:soviets, it being his duty to give such
orders.

Prisoner asked the Governor whether he had not nut
with an accident, which was admitted.
James Nahum was an assistant warder at Portland
prison, bad been so for three years. On March 21, he
went out with 26 sonnets, prisoner being one of the
gang. Truett was with ham, he was the senior officer.
The prisoners bad to dress the face of the battery.
Trevett was walking on • ridge about eight feet higher ,
than prisoner, who was reducing the (see of the Lottery
with • stone pick. Witness was standing at the right
opening of the battery, sand was afterwards in chugs
of a separate party. Before be moved be could see
Warder Trevett, He heard Trevett say be (Dethridge)
" must not speak to him In that manner." He said he
should 'peek to hint uto aay ormolu. This was about
tan. Alter that, about an hour after, about 11.10, be
saw Truett lying on the ground below the slope. He
was lying no his back. Prisoner was standing over him
with a stone pick, such ss he had been using, and wit-
ness saw hint strike Trevet• twice with a stone OA first
with the fiat part on the head, and the second with the
pointed part on some part of the head.
The pick wee produed. It lea massive weapon its
bead more than a foot long with two steel points, and •
handle MOre than two feet long. Witness ran towards
Trevett, and prisoner threw down the piak and ran
away. He was taken into custody by Pearce. Witness
went baek to Trevett, who was insensible, with three
or four wounds in his head. With assistance of con.
vista he was got into ttia hospital. Prisoner struck
Trevitt with putt violet:mit.
Henry Davis, convict at Portlitad Prison, who
appeared handcuffed and in the convict dress, said that
on the 23rd of March, he was with the party under
Trevett, end west to No. 4 battery. Witness was
working at the right of the four stones shown on the
model in the middle of the battery. Dethridge w-
oo the other side of the emirrantre, working on the
feu of the battery. Trevett was above him, armed
with a drawn 'word. About balf.an.hour prior to the
smelt, he heard Boras conversetton between the
warder and the prisoner. Warder Trevitt had ordered
Detbridp to do the work is • way of his own.
Dethridge said he would do it his own way, and Trevett
mid he would see whether he would or not. Prisoner
said in answer to some remark of Trevett's " Come end
do it now." Probably about forty initiates after Warder
Trevett said he would au about that, the assault took
place. Witness was waiting with his full barrow, and
saw Dethridire get up on the battery, with a stone pick
In his hand. He did not particularly notice this, as
prisoners ROOlO knell bad to go to their odious to get
their picks changed. The Aker appeared to be in •
deep study, and as he had his beak towards him, he
dad not,.. prisoner. Witness than law prisoner in the
act of lifting • pick at Warder Trevett, Trevett turned
round and fund him, The action was so quick that
witnein could not sweat whether prisoner struck him
or Warder Trevett fell ; but he turned over on his
right side, and fell to the hasp of the battery. The
warder weans his feu on the ground, when Detbridge
jumped down, and struck him a quick blow on the back
of the head, snob as a man dressing stone in a light way
would make. H. did not seem to put all his force in
the blow; but it was rather pick and agitated. He
immediately repeated the blow/ with the point of the
' pick no the left side of the neck. It was a blow similar
to the other. He then threw down the pick and
ran away. Deceased did not move till two or
three manatee after, and made no sound when
lying on the ironed. Witneu and Assistant-
warder Holmes came to deceased, who was insensible
and bled *Lary much. Witneaa •as first up. With
other men, they raised deceased and took hlaa to the
hospital. Deceased moved his Hindi. Detliridge was
reported about three weeks previous to the Zird March,
and upon his reauming work, witness heard Detbridge
say, "The neat time he runs me in, it shall be for
something." " Run in," is a usual phrase amone the
convicts for being reported.
_

• "—'l
Cross-ezaminl ei hen I beard you say that, I was
wheeling stones at the hattery.
Prisoner tLought he waa working neat the prison ; but
he might be wroug.
George Wilhatn.oo, oorporal of the 51st, said on
March Zlrd he was in charge of the east picket at Port-
land, 44X) yards I roe. No. 4 battery. A few minutes
alter eleven host. a convict strike at a warder. The
warder fell and rolled down the bank. That we. all he
amid see, and he oould not tell whether be struck the
warder, or only at him.
Primoner said there wee no picket within 300 yards of
where he wiss et work, and did not believe the corporal
could lee Lim.

Robert Pearce, assistant-warder' a fine men 6ft. high,
laid be wee assiating Warder Gulliver on March 23rd.
About 1U Tulare's% past 11, he beard • cry of " atop
him," from No. 11 party, No. 4 battery, anal be saw
prisoner running towards him, and .topped him. Ile
saw Warder Holmes running to him with • drawn
sword. He called on Warder Gulliver to haral-euff
him, and handed him over to Princpal- Warder Lambert.
He received the stone pooh from Principal-warder
Lambert. It had blood and hair on it. it. handed the
pick over to Chief-warder Brooks.
. . .

•
Mr. Coombs, clerk to the in--a;istrates, said that the
depoeltion produced that of Warder Lambert, which
was taken before the magistrates, •hen prisoner had
WI opportunity of enies-exaunning the witness.
The Judge : I auk glad to find, Mr. Coombs, that you
got the tuagistratea to sign every deposition. On one
ocaision I had to reject • deposition because there was
only • signature at the end.
Mr. Lambert's deposition WY then read. He had
charge of the district where Jonah Detbrid,p
wan employed. Lambert visited the party about
gve wastes to eleven, and Warder Trevett
under whose core the convict was, reported all
right in the usual way. Witness went on Ito the net
porty, and about ten minutes after be had left heard
some one sail out "There is something wrong in No. 4
battery." Witness then went down to the battery and
met assistant-warder James Holmes with a party of
convicts earryine detteased, wham faise was all over
b ood. James Moore, a convict, handed him the pick,
which he gave to amistan•warder Pearce. Afterwardr
received prisoner from Warder Gulliver, and had him
planed in the pumshment *ell.

Mr. Ellake.e, surgeon, spas to seeing deceased on
March 7.3 immediately he was brought in. He was in-
sensible, and suffering from severe injuries In the head.
Wane. did all he could to stfulch the flow of blood, but
deceased only became 0012.601111 once, when, in answer to
a question. to whether lie was in paio,he answered" Yes."
He died about three o'clock. Witnees discovered a
very large triangular wound at the beak of the appal
part of the head. There was considerable wounding sod
bruising on the forehead, the lower lip was torn sway
nearly all round, and he nose was driven in and
fractured, There waa I deep penetrating wound on the
left bide of the neck. On opening the head he di..
covered • very large fracture of the skull immediately
h-low the esteemed wound, • portion of the skull being
driven into Ike brain. A portion of the orbit of the eye
was injured, end the vetches@ were injured. The
wounds were such as would cause death. The eaten.
nice fracture of the skull was probably produced by a
blow streak with his stone pick, with great violence.
The skull was so injured that there could be no doubt
of the
.cause el death.
_ _ .

While Dr. Walter was giving evident%) a woman
fainted, apparently on bearing the description of the
terrible wounds.

Dethridge shortly her turned round, and said in-
goisitively, "I should like to know who that was they
have carted oat." Of coarse he received no answer.
Dr. Maker's evidence eloeed the ease for the pro-
amities.

The Judge to Detlirldge : Do you wish to say any-
thing to thu Jury? Nov is the tuns for any esplnna-
don.
Prisoner : I wish to call the goeernor.
Major Clifton was then re-called.
Prisoner: Well I wish to ask him about my chine-
ter while I hare been in the prison, whether he hat got
any monteint .ersiust me.
The ode- n.keil Major Clifton what prisoner's
cheractsr had been.

Major Clltton : Anything but gnod, my lord. A man
of uegovernable temper; he haa been sometimes very
quiet and subordinate. At times he has made threat..
against me, similar to those be made against Warder
Travel'.

Prisoner mod he never made any threats against the
man In his life, lie went on very well for about two
yean and nine months, and then niet with an
Ile au putting ill the foenflation of a wall at the small
toimn they had for the soldier. at Portland. lie mould
Ind avoid the weident The earth came and crumbed
him Mining& the foundation. lie hurt the sinew, i 4
hit thigh, and happened to atop in that afternoon, for
he w. not aide to walk out. They reported him, and
lie was kought before Mr. Clifton laid punished. At
amok& r time he hurt his side, and vraa not able to
breathe scored', sod could not keep up. The officer
weuld tell them the risme if lie woo called. lie was
not able to ke..p up with the turn when they were going
out, and he stopped in. They punished bitu again for
it. Another by he was at work on the NAM: building,
and there was an accident. Something mime over him,
and h.halifimied to speak &honk his owe swiftest. and
rho 14'.1Suor, mid thn others; sod All id tin 113,

were as hod as Me soother. "And so." mutinied pri-
soner with 8a outburst. "it is s fast they are! I got
reported for that, sir, sad got six months for it! for I
jest @eying that I I did not think at the tinse--I did .
not know what I was saying." Turning upon the
governor, prisoner uked " Is that true, sir"
Major Clifton: What ba ou said, my lord, is pertly
true, arid part of it is quite unttne. The matter to
which be refers, as having six months' punishment for,
was of so motions a nature, that I did not oonsider my
powers were sufficient to meet the use. I therefore
brouebt it before an impartial judge, a director of
prisons, who hes magisterial powers, and who awarded
the prisoner the punishment of upwards of mix
months' solitary oonfinement under the Penal Servitude
Act. The prisoner's conduct was so good during the
time he was under restraint that I asked the director
to give him one more °hence, remit a out of the term
of punishment, and a large portion was remitted on
my suggestion. It was on that 00014100 that, in the
prewar* of several persons, prisoner threatened to
murder me the first time be caught me on the works,
but I never took any notice of it.
his Lordship : How long ago woo it that he went
there! . . . .

...Witness: I think it mu about eighteen months
slaw.

11lie Lordship : Be says four years.
Witness : Yes, my lord, that is the whole time of
his sentence. I bare got it recorded here in this book,
with regard to pis punishment and all other occurrences.
I have his thre a to in. recorded, and I may mention
that after he committed the murder I visited him, and
all he said was that be had one thing to ask me, and
that woe that I would forgive him.
In answer to soother question from the judges
prisoner said be wkshed to have in Mr. Brooks, who
need to nowe mend with the governor every day, and
if Mr. Brooks said he threatened the man he would
give in. He did cot think he threatened the 1.1•11 in
his life.
Mr. Brooks wee then °ln".
Prisoner; When I was reported before the governor
did you ever bear me threaten him ?
Mr. Brook: Hs threats have been more numerous
than I can mention. Ile was always insubordinate,and
violent at the best of times. I have let him off myself
when I ought not to have done so.
Prisoner Why I
was never brought before you
!
while I was in prison. That will do !
His Lordship : Do you wish to say anything to the
jury?
Prisoner: What can I say to the jury? I can't say
anything to the jury
Hie Lordship : Gentlemen of the jury—You have heard
the evidence against the prisoner. He may well say
" What ean I sey to the jury r for it would be tin.
possible to explain away what you have heard. I
think there is no doubt about the matter. He went
out of the course of his employment that morn•
log, a eousiderable time after thou few words had
occurred between him and the warder. He was seen to
go towards the warder, and to indict the blows, and of
those blows the man died.
Prisoner : I have mother question to ask. I was in
a queer state while I was in the cell. I did not know
what I was doing. I was bewildered while I was in
the oelL
His Lordship : There is nothing in what he has said
which in lcw inch,s ney difference in the matter.
Prisoner: I had not presence of mind. I could not
govern myself at all.
His Lordship: The man has taken away the life of
another. Pried lase, that is murder. You must
wander yourselves whether there is anything to prevent
your returning a verdict which the law proscribes.
The jary then consulted, and during that time, two
°Meer. pressed closely span the prisoner, who, however,
seemed utterly ind.fferent. Thd dock was full of °Moen,
in nnic of a sudden outbreak from so hardened an
offender.
In about two minutes and half, the jury faced
towards the avert, and there Can a solemn hush.
Th. Clerk of the Gout Gentlemen, are you agreed
up6o your verdict?
The Foreman: We are.
The Clerk of tie Court: Do you dad the prisoner
at the bar, Jonah Detbridge, guilty or not guilty.
The Foreman : Guilty. 9
The Clerk: And that is the verdict of you all?
The Fireman : That is the verdict of every men of
us.
In answer to the usual question whether he had any.
thing to .ay why judgment should not be prissod upon
him so prisoner replied impatiently : Well, I say lam
innocent. That is MI Ime say, I had not presence of
mind.
His Lordship then pub on the black cap, and ad-
dressed Dethridge : Pnsener at the bar, no one who
, has heard this evidence can entertain a moment's doubt
that you bare been guilty of a most atrocious murder.
(Dathridge attempted again to interrupt.) The only
offence that poor man was guilty oi in your mind was
that of doing his duty. lie was bound to exact the
Proportion of labour which the law had imposed upon
you. and enforce that d imeiolito to which your crime had
subjeoted you. That in hail c)mmitted no offence
towards you IrLatever. Now for the crime of his
murder your life is forfeited. You did not give that
poor victim any time to prepare for the awful change
which awaited him. The law will not deal with you in
that way. You will have time, and Ido hope you will
use it—not waste It In the delusive exec:Settee that
your life will be spare,' ; but make use of the time to
prepare for that chao,:e you must undergo, consi-
dering that on the use on mate of that interval your
everlasting welfare may depend.
Prisoner :-1 have said, and 1 say it again, I am
innocent.

His Lordship : Do apply yourself to that instruction
which will be given you. You will be taught, if you do
not know it before, that there is pardon elsewhere for
the vilest of sinners, though you cannot expert it bore.
Let me implore you to consider this. Do not harden
your heart agsinst the instruction you will (melee, nor
flatter yourself that your life will be spared. Consider
that your days are numbsnol, and the beet use you can
make of the time reiusining is to prepare for that
change which is appreihing you. The sentence of the
lair Is that you be taken from hence to the prison from
whence you came, and theme toe place of execution,
that you be there Lanett by the neck till you be deed,
and that your body be buried within the precincts of
the gaol I hope you will seek and obtain mercy from
your God. . . _

- Prisoner: I shall not be the first that bas been hung
innocent. _ _

rbe conduct of the prisoner throughout was very in-
sensible, and shocked and disgusted all who saw him
sad heard his often-repeated interruptions and remarks
He was then removed ladow.
CHARON or Patticar •GAINST A FARWIR.
Wiltuto Warietra, of Awbrirlite. Mitehehnersh, waa
indicted on the int.rrnatioe of Mr. William Toogood,
the Queen'. anedsman at Southampton, for perjury at
the Dorset suites on Marsh S.

At the Marsh Anize;-111—r-. Meerwick, a farmer, living
near Romsey, sued Mr. Toogood for L'2:2 19.. 71
demagog on account of the latter having, he alleged,
delivered fibs, of urede seed of • quality inferior to
that warranted. Mr. (I. and Mr. Rogers were then
for Mr. Warwick, who swore that either Mr. Toogood
or hi. Mark Cooper, in his presence, wrote "green-top
swede" upon the bag in which the seed was sold him,
and that thi. seed, which he swore Mr. Toogood told
him was the best guilty, produced inferior roots not
worth baying. Mr. Toogoml and his clerk both denied
baying written this on the bag, and Cooper believed
Ihe wrote "Skirvimes" vwede on this bag. Mr. War-
I wick recovered 1:12 damage., but Mr. Justice Ryles
refused to eertiry for eosti. The am* was reported in
the Dorm! Cometi Expty. of /daub 9.
Mr. Cole, QC., eil Mr. Collins were now for the
prosecution, Rad Mr. lig*rs for the defendent. The
latter gentleman applied for an adjounrinent until the
next wise.. He said Mr. Warwick would like to have
It over immediately, for it was not very pleasant to
have an indictment for perjury banging over one's
head for six months. &lithe matter was only derided
by the magistrates • day before the opening of the
commission. The case 11111)40 out of numerous trans-
actions between the parties. At the last assizes there
was en action, another a twelvemonth before, and there
lied been hard swearing certainly on the two last
oceallons. Although the charge of perjury was basisi on • CAM heard at the last assizes, no proceedings in re-
gard to the charge were taken till twelvemonth ago.
In answerto i'as Judges as to the grounds of the
application, Mr. Rogers said It wu that the defendant
might have time to get up his ease. It was impossible
to do so now. He had not seen the depositions or the
indictment, and really did not know what the charge.
were. He believed the ease arose out of • cause tried
at nisi pries at the lain usries here. At the &maize'
the defendant had the valuable services of Mr. Cole
but the other side, he believed, retained Mr. Cole •
month ago to prosecute on this oesiasion• Only to-day,
the defendant, thinking he would obtain the assistance
of Mr. Cole, telegraphed to him to (readmit his defence,
and the *elicitor's clerk came here with the idea
that Mr' Cole was engaged for him, but on
his arrival he found Mr. Cole regained on the
other aide. The charge was • serious one, sad
he believed there had Ibsen ill-feehog between
the partied for years past. It would be necessary for
the attorney to get up various kinds of evidence in
reference to the ease, witnesses to character, lie. Ho had
an affidavit, which the managing clerk to defendant's
attorney, Mr. Johns, of Ringwood, was prepared to
make. It set forth that the defendant had entered
into Lis own recognisance* to answer to any indictment
on this charge. Mr. John• lived mere than 20 mike
from the residence of defendants., and defendant resided
more than 60 mile,. from Dorchester. He had no brief
whatever—nut • line —only instructions to appear and
ask for the postponement of the cue. Even if Mr.
Cole bad been secured for defendant, his instructions
would have been to ask for a postponement.
His Lordship said he could not grant • postponement
merely because Mr. Cole nu retained .for the other
side.
Mr. Cole I am happy to
mare ---
more carouse.. '

Mr. Colo I Ito haPPY to me • gentleman so much
tore competent in charge of the defendant's mita
Mr. Rogers mid the only information he had was a
eport in a newspaper.
In answer to his Lordship,
Mr. Cole said there were two adjournments of a week
Loeb before the committal.
His Lordship The 'octal remand?
Mr. Cole said it was not • remand in custody ; hot
th., case was postponed on two oae•sious for • fortnight.
He apprehended that a man 'ho had been defending
himself before the magtstrates on two remand. would be
prepared to defend himself at the cruises. Hot he (Mr.
Cole) did not think it would IN decent in him to
express an opinion if his lordship thought the &feculent
ought to have more time.
His Lordship bolded', thought he mast postpone the

—Mr. Cole said that a very material part a the cue
was connected with the production of • certain bag.
That bag was in tbe custody of thu aolictitor for the
defendant. Tbe preareution had horn unable to procure
it from him, and had been obliged to aubprons hint to
produce it. lie asked that the bag shOuld be attached
to the depasitions.
Ur. Regent really knew nothing about that.
ilia Lordship had read the depositions, and knew
enough about the cane to k!iow.
" "

Mr-. Rogers intimated that he did not object to any-
thii.g that would not I joilioe tho eski.
liii Lordship ordered that the defendant 'Mould
appear before him on the next morning. and enter into
his own recognisant:end £lOO, and also find one surety
in £lOO or two in LW sank to enter into recognisance'
before the megistratee within one week. He also
ordered the bag to be attached to the depositions, end
or thee rendition" grtnted the hdlettenzetit,

MO lILL.

-- --
In the other cage of wjary,--a eharp brought
apinet William Webb, poll.. 000stablit, by • beerhousw
keeper the bill wag ignored.
At a quarter to three, the Grand Jury returnad their
last bdl, and were dimeharged by hie lordship from
furtlur attendance, and thanked for their services.

CROWN OOURT.—FIUDLY.
Before Yr. Julio, LIMO.
His Lordship took his seat at a few minutes before
10, sod the buskin's was proceeded with punctually at
the hoar appointed.
THII CHARON OF I.OIOIT.
The learned counsel in this cue stated to 11. Lord.
ship that the bag ordered to be produced was in the
possession of prisoner's attorney, who objected to give
It up.
His Lordship : Thee I will hear the ease to-day. I
will not make any terms. Theorise mast either be tried
or the beg attached to the depositions.
The bag wee than given up, and the ease adjourned
to the neat anises.

Till HORRIBLE DiATH or AN INFANT AT PARK momn.
Till CHILJWS TONGUE CUT OUT.

Insulin Pitt, 24, school-mi.tress, warn Indicted for the
wilful murder of her male child, at Hampreston, on
June 15. She had been committed on a coroner's
warrant, by T. Rawlins, Esq., and also by the magis-
trates who bad held the preliminary examination at
Wimborne. She pleaded not guilty to both indictments,
bet In rather • tremulous voice. By the kindness of
hi. Lordship Phe was acieommodated with a 'eat, and
she buried her facie in her handkerahief. She sp.
Peered to be affected by the details of the horrible muti-
lation, lean:tad on the child, end although at times she
ventured to retire her head, the mention of the tongue
of the infant, the cutting out of which formed so fright-
ful, end at the sam• time, so inexplicable an element
in the case (end mention of whieh wa, very frequently
made), clawed her instantly to cover the lower part of
her face, while the upper part was violently agitated.
She bad apparently been dressed with some awe,
with • hat and blue feather, and black velvet
jacket; but her appearanoe was not prepossewinn,
and as the hearing of the evidence proceeded, her
face was lifted more Ili quently, and she kept her
bead erect longer. Towards the latter part of the hear-
ing she wishet to confer with her solicitor, Mr. Tanner,
ant his attention was drawn by Mr. Reynold,: brush.
appeared to gain confidence, and onee or twice after-
wards herself leaned forward and spoke to him. When
her counsel, Mr. Collins, alluded to her orphan condi-
tion, in being without • mother and friend., ate sobbed
vehemently ; but when the jury returned their verdict
of not guilty of the reorder but only of concealment of
birth, she seemed to have recovered her equanimity,
and • satiafaction with apparently something of hard-
ness, was visible in her face. as she exposed it fully to
view. When the !carnet Judge, however, passed ran-
tenor', she again fairly broke down with moans and
sobs.

Mr. W. Nooks and Mr. Menke+, Inetreeted by Mr.
Rawlins, appeared for the prosecution. and Mr. Collins,
Instruoted by Mr. Tanner, of Wimborne, for tbe
defence. .

11r. Fooks opened the case for the prosecution, re-
marking on It. painful nature, and entering at length
into the facts. He said no light answer could be given
to so serionn a oass • but if it should torn out that any
satisfact•ny explanation could be give, the jury would
be delighted to give her a chance. asked them to
" nothing extenuate or net down ought in main," and
was satisfied they would do junk* to the prisoner, and
at the same time jostles to the country.
By this time the Court. crowded from the first, bad
become densely so. Galleries, the body, the seats for
the barriaters, every part to fact but the Bench and
the dock, were crammed to • degree approaching suffo-
cation, and the most intense interest wee evinced.
Mr. Ffooks proceeded to call his winnows.

John Hammond, deputy chief cionstable. of the
Wimborno division, said that on Tuesday evening, June
15, he wits sent for to Hamprcaton, and went to the
schoolroom and up into the bedroom. He saw &
quantity of blood on the door, and • drawer we. open.
It had been opened by Elizabeth Parsons. In the
drawer was the body of a newly-born male child. He
ezamined it and toned marks of severe violence on the
mouth and various parts of the bead. He had it
removed to the police-station. He reached the school-
room about nine, and bad the body removed an hour
after. He atkaded the coroner's inquisition and &pm,—
heeded prisoner on July 2. He did, not apprehend her
before because she was too weak to be remo, d, though
he pet • woman in charFe of her. She said "1 hope
they will prove I did it. Sho was going to nay some-
thing more. . .

CrOss•exareined : Sim was vary weak and ill then, And
could scarcely stand ; afterwards she was Wren to •
constable's residence, and remained there till she was
brought here.
. . . .

Re7examinei : She spoke perfectly rationally.
William Adams, polioe•oonatoble at 51"unborn*, said
that on Tuesday. June 15, he went with Superintendent
Hammond to Park Homer. On the fourth stair from
the top he found a stone in the left-hand earner.
The staircase led to the bedroom. There was wet blool
on it. The stone was produeed, it was triangular.
After finding the stone he went into the bedroom to tee
the chief oonstable. There he saw the body. A cut
was on the right of the child's (see, in the corner of the
mouth; but although the mouth was wide open. be
*mild not see anything of • tongue. He left the body
in the drawer. When he saw it first it was unoovered.
He left the body and went ti the station, and the chief
constable tent him back for the body. Tbe second time
he looked particularly, and tin child had no tongue.
He taok the body to Wimborne. and looked it up in the
cell with a spring lock. The kers were hung ape the
usual place. Next morning he took the key and un-
locked the door. He found the body as he left it, and
wont in with Mr. Drnitt, the melleal officer. Next
dog he went back to the mhoolroom ; there was a good
deal of blood there. There were three persons there,
end they examiced the drawer. He took a cloth and
shook it on the floor. He saw eomethine drop that
looked like • piece of rag. A MAO named Smith poked
it with • screw-driver, andl picked it up and put it into
his hand. It WAS the tongue of the child, wrapped up
with a piece of blue ribbon round the tongue, and the
tongue and ribbon were in the ran, stuck on with blood.
There were other things, snob as rag,epieces of paper,
Sic., in the drawer. He did not show it to any one but
thme in the room till he produced it before the oorntier,
when he 'hewed it ti Mr. Druitt. He found only an
old knife and pair of scissors about the premises; but
they were rusty airl had not been used.
Crone-examined by Mr. Collins : lie arrived about
nine at the house, and all the people there went up to.
'other. On the floor was a quantity of blood, an if it
had been partly wiped up. There was no carpet where
the blood was. There were smears on the stairs as if
some one had walked down with bloody feet. He did
not take the body out of the drawer the first time, and
he did not see any one touoh it. About 11 o'clock he
came @gain end carried the body to Wimborne in a little
rush basket. Flo carried i) about a mile and • half.
walking all the distance. Ile left it In the basket in the
*ell the whole night. Part of a patchwork quilt, the
same as that round it when It was found, was left
round it in the oall. The neat day, the lfith, the
tongue eras found. The tongue wee stack on to the rag.
It was very small. He only opened, he did not pull it
off. Ile wrapped it in • piece of paper, and took it and
put it with the body. Mr. Ilruitt had seen the body
before that. Mr. Dreitt saw It about ten, and the in•
quest took place about two.
By the Judge: He had a candle when be went to the
houia3 first.

Elisabeth Parsons, wife of Joseph Persons, of Gam.
preston, Heed very close to the schoolroom. On 15th
June about half-past twelve a little girl mine to her
with • message ; but she scold not go stone., and tii.ll
Gay, the teacher, came after her, and she went directly
with her. When she got there, she went up into the
h,lroom. There me two bedrooms upstairs, and Miss
Pitt sometimes slept in one, in the (mat of the house.
There was her sitting-room below, The school room
was under the sante roof. In the bedroom was Miss
Pal, kneeling on the fioOr, with her head and bands on
the bed. Witness asked if she was 111, and she said
" Yes„ very ill. I was taken about three o'clock this
morning with diarrlicea and sickness, and continued so
sverlsinee." Witnms saw no sign of sickness in the
room. Witness offered to get her some brandy, sod
Miss Pitt got up and sat on the bed. She mid she
would here some gin if witness could giro her some
ginger, as she bad the wind on her stomach. She said
to the morning she bad tea, tincture of rhubiirb, and
br•ndy. Witness sent her over some ginger.
By the Judge : This was soon after half-pest twelve.
Mir Guy came to her shortly after the girl first came.
There we. no carpet in.the room,

By Mr. nooks': When she want first there were no
marks on the floor. About half.past one, after she had
sent some ginger. she went over again, and saw her in
the same room, lying on the bed. She asked her bow
she was, and she said very ill, and witness offered her
some brandy. She said she would like to have some, and
immediately brought her some in a bottle. She came
downstairs sod sat on • footstool in the sittimproom.
Witness sat in the chair, and supported her head on her
arm. She dunk some of the brandy, end said it
seemed to relieve her, and she should go up and lie
down again. Witness returned to her own Foam after
advising her to give the children half holiday, as she
ere... Ili, She replied, "Oh no I Mrs. Parsons, the
people would say all sorts about me if I did, u I have
so many enemies." About two witness returned he her
own house, and about half.past three, one of the
children having come over, witness took her some tea.
She was lying on the bed, and asked for sense brandy in
the cup of tea. She then said she woull lie down and
so to sleep. Witness asked if she should make her bed
more comfortable ; but she sold she should do very well.
Prisoner spoke in a quiet collected way. Witness sail
she would keep the tea warm, that she might have
another cop, and went home. At four o'clock the
°bib-Iran were dismissed as the usual hour, and the
teacher brought a message from Miss Pitt.
Mr. Collins objected that this was not evidence.
Mr. Rooks asked if the girl had a message.
Mr. Collins objected.
. . .

By Kr. Flout.. Witness did not go in,,bocause of
what the teacher said •. but at five she went &a.m. She
pommeled what was the matter with Wu Pitt; but
did not think it so forward. She thought she WY six
months gone. Before this she bad gone in by the front
door ; bat when she went again she found the front
door bolted inside, one key was in the lock outside, and
the others were hanging from it. The door was not
locked but fastened from inside, and witness went
1.‘""I to the book door; it wag aimed but not futenad,
and she went In. As she entered the kitchen, she
beard a loud knock, as of something on the floor, and a
faint groan. The was noise as if something had been
'track on the floor. She thought Kiss Pitt had fainted,
and fallen elf the bed.

By the dodge : It might have been an of smoothing
stamping on tie floor. The noise appeared t,/ eOlllO
from the bedroom. She listened half-a-minnte and
hearing nothing more, she went upstairs. The bedroom
door wan mashed together as her step sounded on the
stair'. She Galled out "Mi. Pitt ! how are you now ?"
She said "Bad. very, Mrs. Parana." She uked if Use
ociold do anything, upl Miss Pitt simmered "No." She
asked if should get a cup of tea, and Hies Pitt answered
" Yes, if you will.* Witness went for the tea, and
brought it immediately. She saw prisoner crooning the
stairs with ber hat and jacket on. She drank three
cops very eagerly, and ate a biscuit, and said it was the
first she had eaten since the day before. Witness,
Piotloinq that she had bee hat and laeket on, said "You
do not mean to walk hornet" Print/oar said this 0301,4

go home now, as the pain wan gene. Prisons' offered
her some money; hut witness refused to take any for
what she had done. She said she wonld take 31. for
what she had for dinner, and prisoner said "Yes, take
44.; this will pay for the pudding I had." Prisoner
observing she did not go, sail "Why don't you take
that money and go bonier Wittiest tool the 41., ant
asked her if she could Ince • little arrowroot, and Mies
Pitt thought she could. Wither want home an 4
prepared same arrowroot There was 24. more
on the table before she went. Witness returned
in about ten minutes, As she was taking
It in prisoner come downstairs and sail, "Could
you let your boy take ma home in the cart!" Witnen
said "*e will take you home." While she was eating
the arrow root prison. r said how kind witness was, and
as she had no mother, she felt it very much. She said
she had the same complaint as her mother—of Mae wind
and water meeting in her atninsob. She started off in
the cart about pin o'clock. Waimea notlacl her get into
the cart, and as she got in she paw the (rioted her dress
was all splashed with blood. It was dripping from the
skirt at the bottom. Witnees had a daughter called
Mrs. Newman, who was there when the cart drovetteff.
When it had driven off witnna with Mrs. Newman went
hack to the house. Min Pitt unbolted the door from
the inside, when she went in and told her the cart was
ready. Before than wanes, went in and out by the back
door. When witness went into the room u,sstairs she
found it saturated with blood. All over the square
part between the chest of drawers on the right, and the
heal on the left won saturated with blood, and also the
space between the door and the window. The blood on
the floor was in • liquid state all over the room In a
hand basin under the bed was come more blood con-
gealed, and a piece of tag that had been "smothered
up" off the Boot as if it had been used to wipe up the
door. The wash•band-basin was roore than half full.
The blood seemed to be all of the same kind, and there
did not seem to be any other liquid in the basin. She
believed the orsolluoinent was premature, tithe dial not
think prisoner woe no far gone. She thought there
bad been a miscarriage.
By the Judge a If she had only seen what win in the
basin. she would not have known what to to think.—
Wittiest sent for Mrs. Birch, housekveper to Colonel
Paget, and they all went up•tains. They saw streams
of blood running down from the top drawer of • chest
of drawers, into the snoond drawer. There were three
largc drawers, and two small ones. They pulled out
the first large drawer, into which the streams, ran, and
saw anew piece of patchwork. On turning this back
they saw the legs of • child. They then turned back the
eloth, and saw the rest of the body. It woe in • very
mutilated oondition, with black blood running from the
porter of the mouth. The month was bleeding also
from the left side. She did not wash the out
to see if it was a cut or blood on each silo.
The jaw was much broken, anal there were bruises on
the forehead. The hands were lying on the front part.
She put her hands all down the lege, and found them
quite wenn—warmer than usual in a new born baby.
Every place where the Unwind it, down to the feet was
warm. After this she looked about, but could not
see anything else under the bed. She looked for the
chamber vend, but it was not there. One was there
in the morning, in the middle of the room; but there
wate nothing unusual in it. She said she should nod
forth. police; but before that witness cud "Where
lithe stone that triaged open the door r She had
seen such • atone keeping open the bedroom door in
the morning; but the stone was now gone, and they
found It on the stairs. She had seen it every time
before. It wan very bloody. There were footmarks on
the stairs, as if • person had gone up and down with
bloody feet. It looked Al if a person bad gone down
ones and up. She also saw where the dream bad
dragged on the stairs as well as the footmarks. Her
daughter took ap the body by the patchwork, and put
it down agaio. In the evening Mr. Hammond and •
polioeman came about nine They had sent for them
about seven. They did not look that day for the alter.
birth, but neat day ths saw it on the door of the bed.
room. Next morning she found some woman's clothes,
in the drawer, where the body was found. They were
wet with blood. She observed the ambition' cord,
which she thought was broken. When she went into
the house with the tea, prisoner while she was drink'
ing the tea, and " How did you come in? Witness
replied "at the back door." Prisoner replied that she
did not know it wee unlocked.

Cross-examined by Ur: Collins: This house was %very
small one, at least the dwelling-part. A good many
children were there. The usual number leas over GO ;
but that day there might not be so many. The brandy
she brqught was about • aineglassfol or two. Prisoner
said sh • had taken 3d. worth before. She took a part
at two o'clock, and • little more in the tea. She had
also taken some gin. There was about half.s-wineglass.
fill in the bottle. From her house to the schrcolrooin
door was about 50 paeos, l'risoner left with witness's
iushand about six o'clock. There was • quantity of
blood on her clothes, and dripping from it, and on son-
log that witness went into the house. On • previous
occasion she had not said the room was swimming in
blood. She said " laturatcd." Anat. Mrs. Birch came
her daughter took the body out of the drawer. They
did not know it was there before. The groan she beard
was not thst of an infant.

By the Judge : Noon. else lived il3 this house.
Sarah Newman, daughter of Mrs. Parsons and married,
said about five o'clock on June 15 the went to her
matter's house. tier father was putting the horse in.
She went to the schoolroom and saw Ler ninth, r
putting a shawl round Miss Pitt's shoulder.. Th. cart
was drawn up at the gate. Witnesi asked if she had
not • bonnet f.II to cover her face. as it was so cold,
and she was looking so iIL Mrs. Parsons lorked the
door, and prisoner told her to try it and see if it was
all riht, end gave the key to Miss Pitt. Witness
walked inside of them to the tart, without touching
them ; but witness helped prisoner into the mirt. She
toil( her round the waist to help her, end felt her dress
very much messed and very wet with blood. The front
part of her dress was also found to be wet with bond.
When the csrt hail gone, ticy retained and cent up to
the bedrosm. She and her mother found the room
floating with blood. They looked at it • few minute.
and rent to Mr.. Birch, who came and they examined
the room. Witness drew • drawer out and saw •
pstehwork quilt which she unfolded and found the body
of • child. Fr the warmth she thought she should ,
html it alive. The mouth was wile open, awl titers
were various bruises on the head. She saw a stone on
the stairs, and having seen the marks on the jaw, she
took the atone into the bedroom. It was very wet
with blood. The blood stream ng out of the mouth
was black blood, but that coining from the cut was li,;ht
in comparison with that front the mouth. As she
lifted the child, the blood from it ran flown her drew,
•nd she left it in the same position as she found it, and
went and washed her dress.

4:rots-examined The blood in the cut was runninF.
By Mr. Collins: You have sworn there WWI blood in
the cu., but it was not running. This was in the de-
position before the coroner.
The Judge thought it. variation of phrases.
Witness now persisted that the blood in the cut was
running.
Mr. Collin,: Did not you say before the coroner that
there was blood in the oat, but not running?
Witness would not assert that she did not say no; but
she said, in answer to Mr. Hooks, that she wan now
stating what she had observed at the time.
Mrs. Birch, wife of James Bankes Birch, in the
service of Colonel Paget, was called, but her evidence
was only corroborative, and she was not examined at
length.
Julia Anna Guy, pupil teacher at the Park Homer
School, said that on Tuesday, June 15, she waited for
Mien Pitt to came to uhool ; but she did not time till
half-past 9, though the usual time was 9 o'clock. When
she came she liked very ill, and said the had the
diarrhcea. At 12 she vu a great deal worm, and sent
for Mts. Parsons. As she did not come, witnoss went
herself. The school went on till 4 o'clock ; but the
prisoner did not attend all day. Witness offered about
• quarter-past 4 to stop with her. Prisontr was up.
stairs, and witness called up to her. Afterwards she
said she was better snd we. going home. Witness
offered to assist her; but prisoner said she could go
hum* alone. Witness asked if she ahould take the
keys; but prisoner said no—she was to go home, which
she did. At ten minutes to 4 o clock prisoner told her
to go and tell Mrs. Parsons she did not want any more
tea, she was bitter, and was going home. She saw
nothing more of Miss Pitt after half-pest twelve, nor
hear any thing of her.
Cross-examined : She heard nothing like a child cry.
Bather Cook, •widow, living near the school, said
she went in May to the school, and beckoned Miss Pitt
into her sitting-room. Witness said she had something
to ask her if she would not be angry. Miss Pitt said
"Oh, no r Witness said "II is the opinion of the
neighbourhood that you are far gone in the family way."
MY Pitt sppeered angry and 'mid" It is a lie ; like the
rest of the chat, that have been about me." Witness
said "You need not be angry with me, m• naming it
won/t alter your position." She then said "You ought to
have known better than name it." Witneu then left.
Joseph Parsons, husband of Elisabeth Parsons, spoke
to taking deceased home in his cart, •nd afterwards
fetching the constable. Adams end he went up to the
bedroom at the school house, opened the drawer, and
there wee a new born baby. 00 the 16h Adams went
with him, and searched the room, and afterwards the
drawer was turned out. A pieta of rag dropped out,
and they examined it, and found the tongue in it. A
hit of blue ribbon was tied round the root of the tongue.
When he was taking her home, she expressed her wish
not to go home, and wanted to get cut; but he took
her as far 141 the gas bonse lie helped her out with her
umbrella, and she walked home by herself.
The prisoner here leaned forward and appeared to he
representing something earnestly to Mr. Tanner.
A man named Smith, who opened the drawers, said
the two top short drawers were unlocked. All the test
were open. In the drawers., not locked, there were rags
and pieces of paper.

Dr. Druitt, Fellow of the Royal College of Surgeons,
maid on the 15th Jane he went to Wimberne •ni saw
the body of • fall-grown male child. Ile examined
the body, and observed soot on the right eagle of the
mouth, partly internal and partly ezternaL The out
was made from the inside to the outside of the mouth.
It was about three-quarters of an inch in length. and
' half-au-inch wide. It wa• an open gaping wound, and
the lips of the wound were;reirnated and wiping oprin.
I Dis attention was directed to the month, soil he found
the tongue wa• entirely out from the door of the mouth.
The lower plot of the face was disfigured, and be mused
his finger round the jaw, and found it bad hen broken
in foun plume from violence from the outside, the
broken bones projecting into the mouth. It was in the
centre, and also on each side. If the lower jaw had
been struck in the centre, and alperfectly smooth blunt
i
instrument brd struck the jaw n the centre, there
being a resisting force behind, tho mischief might be
done stone blow. lithe child had been lying on its
back, there would have been resisting forgo enough
to allow of the (rooter, being caused by one blow. lie
never saw ejaw so injured before, excepting from •
gunshot wound,

Mr. Rooks Supposing the chili bad been sitting
up. wool.' a blow in the I r,int have caused theme
ractarer ?

Dr. Druitt : Such a blow in that position would
have knocked the child back. Re continued—There
were two bruises on the top of the forehead, above the
eye. The child was a fine child, and had • large
face. From the nppearance of the bruises he could
swear the child was'alive when thoee braises were mods.
The bruises were bright. No bruises on • still-born
child or a dead body would have had the appesrance
those bruises had. Re had been in the profession :Pi
ream He Tamed hie finger icao the posterior pert of
tbo throat. and remoyotl come bloody Intim, awl ri ter

"arils. He desired the tongue to be searched for.
There we. no laceration os the left aide of the month.
The month was partially open when be saw it. The
body was in the last' called rigor 000rlia, the rigidlity
°I death being marked in the limbs. The arms and
legs had stiffened in a bruit position. A still-born child
would not have been in that position. The umbilical
fiord had been torn off about two Moho', from the body;
hot there did not &orar to have been any hemorrhage.
Very little or no blood haul crime from the ou,nl. The
vestals having been twisted, there was no bleeding.
T.hoeuicatitaitteheianc,hoild:osnlyaienecedon
htihme rsibseli tof the
child.a, monthbor.
alive Unluss the tissues bad been living when the
wound was made, the museles would not have retracted,
nor the skin to the dist-sec* of half-an-inch, nor to the
twentieth part of what they did. The cut, the retrac-
tion of the muscles, the &plasmic.) of the bruises, and
the rigidity of the holy, convitor d him the child was
born alive. Ile might have beautated at any one of the.
algae ; but the whole of them combined mused him to
have not the slightest besitstion. The day after he was
shown the tongue. He found it had been cut out by a
clean sharp-cutting instrument which load been intr.-
dosed on the left aide. and the tongue Out out with
right band. (The pros unor at the mention of the
tongue severed her face sad hung down her heal). He
did not open the body, because the evidence, of the
came of death from external examination were
sufficient to show that the child must have been born
alive.
By the Jodie : The child moat have had a separate
existence. Arterial blood that had changed front venous
blood by air most have given the colour to the blood
If 'wing. The ant in the ebild's mouth oould not have
been made by the mother before the child bad perfectly
left her. The mother maid not have reselicd the
chill to have inflicted those injnries unless the child had
le-en fully born. He had no doubt whatever that there
most have been an independent existence. lie declined
ti mote • post-mortem examination because it was un•
DOOOPISTy.
Mr. Collins : On year oath sir, could you positively
swear, in • ease of life or death, that the child haul
separate existence from the mother at the time these
injuriee were indi-ted.
Dr. Druitt : I will pledge my belief that it had.
Mr. Collins pranced the witness if he would pledge
his oath.
His Lordehip : It is • professional opinion ; but an
opinion in which he has the greatest confidence.
Dr. Druitt answered that be would pledge his oath
that the child was alive.
By the Judge: If another person were present whilsh
the child was in proceas of delivery, the injuries might
have been indicted before it bad • pm &rate vast...not ;
but the cutting out of the tongue could not have hen
done by the mother till after it was fully born.
Mr. Collins read from the deposition by Dr. Druitt
before the coroner. "It is possible that such an in-
jury might have been done by the woman during her
delivery ; but I hardly think it possible."
Dr. Ihruitt did not thick it possible to have broken
elle law during delivery in the manner it had been
broken. There most have beau cuiminal violence for
there must have been resistance behind the head. It
must have been purposely rojared. Ho used the word
" crimital *iolence" In h;s depoeition before the magi*,

---
Mr. Collin,: Suppeaing the knee or thigh of the
mother Keeling the head against the floor, as in the
cave of • woman fainting?
Dr. Druttt : It has nrver come to my experience that
such a cause would do so, and I do not believe it
would.

Mr. Collins and the Judge put certain positions to
the witnem, and &abed if the head of the child had got
under the mother, would the jaw have been so
crushed!

Dr. Den. itt still replied in the negative.
Me. Collins : Not even if on &chair ?
Dr. Druitt : No. . _ .

Mr. Collins: 3upposing you bad made a pest-siorfcm
examination and found the loop solid, would not that
have convinced you tho child never breathed'
Dr. Druitt : It would not have altered illy opinion
upon the subjoct.
Mr. Giffin. ',reseed the witness on tbis point, and he
replied that if he had opened the body and found the
lungs bad not been inflated, the child could not have
breathed ; but the evidence was very clear to his mind
that the child must have breathed.
Mr. Collins : If you bad, as the coroner offered, made
a pusl-waortres examination, and found these lungs
solid, would uot that have convinced you that the child
never breathed?

Druitt : Yoar goestion oontsins two flea; I am
not responsible for ono of them.
. . . . . . - .

Mr. Collins aJted would it not have intluenc-d his
opinion?
Dr. Druitt : If I had found the lungs perfectly solid,
it would base been • ,certain teat that the child had
newer breathed.

Mr. Collins (impressively): And you did not do so.
Dr. Druitt : I did not.
Mr. Collins then eliciting that one of the signs of life
Dr. Druitt spoke raitively on was the state of the
cuts, read from a compendium of the works of Dr.
Swiryne Taylor a passage which said that in any case
where it was doubtful whether the wound was ihdicted
upon a living or used body, medical men should be very
cautious in giving an opinion became they were equally
likely to be wrong as right inadopting either hypothecir.
He asked if Dr. Druitt agreed with that?
Dr. Druitt replied that he had a right to use the
eiritence of his own observation, and that he di.t not
agree with that paamage, unless he road the chapter of
the book, and the whole of the context.__ . .

ID. Coiling: Do not raise your voice, Dr. Druitt 1
Witoes, : I am staailius lure upon my charuter u •
medical man.

Mr. Co : Aye, Dr. Druitt, and you did not mak°
the pod modem examination.
. . . . .

Dr. I)ruitt I think I can prove if I were allowed to
read Dr. Toylur's bank, the evidenca of separate
existence.

The prisoner hero looked up and regarded the Judge
very anxiously.
Mr. Collins conjured Dr. Druitt to put aside the ques-
tion of character, and consider that the woman's life
was at stake.

Dr. lltuitt complained of the tone adopted by Mr.
(7ollina

The Judge : He doe• not mean it offentively. It
occurs t,t me constantly to hoer mediael men of the
highest eminence giving different opinions.
Mr. Collins agsin r.lol from the bolt but
Dr. Druitt {irrupted that the prof whether the
wounds were inflicted before or after death depended
en, irely upon the appearance the wounds pretented.
Atkod if it was not almost in:me-Obie to be certain on
the point, Dr. Druitt said the blood of • dead body
would not coagulate.
The Judge: Supposing the tongue to have been cut
two minutes after death, would there have been etrigula
Dr. Druitt first said there would net, and then that
he believed there would not.

Yr. Collins returned to his original question se to
whet! er it was not almost impossible to say whether
wounds were inflicted just before or ja.t after death.
Dr. Druitt sail his experience had not led him to
make any incisions one or two minutes alter the death
of a body.

Mr. Collins : Dr. Taylor no doubt has.
Dr. I 'mitt : I r•ry much question whether Dr.
Taylor has. Whet
.edition is that ?

?dr. Colltns : Of I*in.
Dr. Druitt : TLat i. only n oonwentlinnt ; I hays
re.•l Dr. Taylor'. large work.
In answer to tn. Judge,
•..

-
Dr. Druitt said the received opinion in the profession
is that wounds made after death and darin‘ life are
very different in appearance, He had 'Uncial no
experience of wounds made immediately after death. If
there had been no vitality in these muscles and that
skin, the akin would not have retracted to the extent
It did.

-.
In answer to Mr. Collins,
He said he had never made any experiments upon a
body immediately alter death,
Mr. Collins then prolueed a work on Forensic
Medicine by Dr. Guy ; but the witness declined to give
op his right to an indepsndent opinion. He admitted
that be did not cut open the head, he examined it
carefully, lie was examined as to whether the flowing
of black blood from the mouth did not tend to show
that the tongue was removed after death. He took in
opposition to that the positive feet that bright blood
was flowing from the other side.
. . _ .

.
i f the -Judge : Dark blood flowing from a wound,
Druitt explained a:so that the dark blood wait venous
appearanceaWned:le r b ltwhbeorluic t bteubnldoo:di.:;.a that was
child's mouth MIMS from some large veins at the root of
tbitteoodria, sot aerated ttlbiboydnatipitreattiioinh,tdanbdetehnetrzspod
t.tblootod wtba:
the tongue, sod the bright or red blood from some
arteries. He was I onstioned about some opinion. of Dr.
se"tuhinran:cin°Limhteh"ecbnhlyiui'llndtghebe.hyadThe dsrk blood flowing from the
Cbrivison, and otner medieel men ; but stated that be
would not commit himself to an absolute " yes" or
no." He should stand by his own belief from what
he now, Ile believed Dr. Taylor or any other eminent
medical man, would concur with him in the opinion
that the child was alive when the injuries were inflicted.
At the close of • long and severe cross-examination,
Dr. Druitt mk-d for Ur. Taylor's book, and read from
It the signs
body. They appeared to be "Eversion of the edges of
given to decide upon wounds in • living
the wound, Owilin to the elasticity of the living skims :
abundant hemorrhage of arterial blood ; and the
presence of coagula. All these appearances were pro-
moted in the body of this child be had examined, and
Dr. Droitt appealed to his Lordship, who appeared to
agree with him, that his opinion we, supported front
this part of Dr. Taylor's book.
In answer to Mr. Plonks, Dr. Druitt said the appear.
epees were so decisive that he considered it was not
Deeeenry to have a post-mortem examination, and
I ',exhibit that bad occurred at this trial had shaken his
conviction. On the contrary, every circumstance had
I strengthened his opinion. If the child had never
breathed, all the blood would have been dark. Arterial
is bright blood; venous is dark blood. The dark blood
spoken of came from the root of the tongue.
Leonard Manning. M. 8., assistant to Mr. Druitt, was
called in on the Vita June to nee Mist Pitt, and found
she bad been recently om:dined. He saw her be-
tween sight and nine, at her residence In Wimboree.
She was in a very exhausted and weak state, and she
answered inosherently. Seeing the weak state she woe
in, he did not ask her many questions. He saw the
body of the child, and after the inquest made an inde-
pendent examination. Had heard Mr. Druitt examined now and before the coroner, and worming that his
evidence was right, Inc believed the child hod an inde-
pendent existence. Ile formed no opinion himself ; but he believed the appearances Dr. Druitt spoke of
were the only
nth,:
consider iftullyponcbmirbni..
°nal
that
'tout
iht tnitsi
ntunoticed
t att
motherhbard
n:.el it
Having
c oar ilyhtar
eu clioc
rn
t hniletkird.byti
thhiiiwenttweth.t.
pally the ri•lor mod is, which al well marked. He did
est
havo cut the Conran out before th:ett
fully born. The rigor...how/ad
been no
breathingn.
saaßritiwdlib'nwen'soeurneadttwililntfibietwiri7dtgerc7itoaartts in such cases. Never
to
whe.cromardbowm.ehiaaatlinDei.r..adDruaithicitihnhottte,lettehmtdreoiweuilbelle:,tre4tohnitsiele:wddc:cnehirdeceofiolddrio446::::.haithiltidhtilig...
be
et state
• romr tri :nit hi
toot tiio I 117 ea g
get ia
.140aqdr' Si
to:.
b.
12:001
breathed
t e tbate tl4 lump! wan, pirrintly
b:e eald"i nThwt the
la:

solid. The dillimlty in to tell whether a certain &mosso
of Mr had catered the buss.. Th„ wit__
__
4....
examined so to his belief in Dr. Tewtoe. it'
,":7,. `,T_
mi 4
Dr. Christi...He IsPorimonte. ea ee.j —.d,hir 4 D..
Dewed it .ould be very difficolt to distineuish beewewe
• wound immediately before and one Immediately &tie,
deeth.
Dr. Druitt manned, said be did not believe the ate.s
produced could h•we cut the tongue.
The Judge remarked that they ne.ti not yet had ~pe
question suited whether the wounds were sufficient to
Gams death. if the child bad been bore alive, ani ho
g
put the qoestion to Dr. Druitt.
Mr. Ikuitt said that his opinion was that the child
' dirt partly front the injuries and partly Iran, the
metrication by the coast:lle end serum in the threat.
Mr. Collins asked whether the only certain test would
methane been a pmt-enortern.
Dr. Dreitt : It 14 no certain test at all. It would
not have shown @lnclusively whether the child died
(roe buffet:salon.
By the Foreman : Did not think the j•w was broke.
by the form used by the mother in 'l.livering h.e.,.u.
heTreehelfjiundggerCaStuagi.l7ny, ihg
the wotnan were deliveri
could she have caused th %
iojuries?
Dr. Drultt : It would not have been feaa,bir for her
to have broken the jam in that manuer.
The Judge: If the jaw were broken by • blow,
would you not have eupeeted to sou 141240 di4:0101144.
ti's?
floger.peata
Dr. Druitt was understood to say "No :e The , ,
weed-
jog fr en those wound• would have peeeuuted it.
The Judge again clettrlY Put the question oft reppit,od
before and Dr, Dt-uitt mil th.t eltlinugh he believed
the ehild must have breathed, he would not undertake
to say that the wounds might not have been given
i,...edint«ly after death.
beeiodigicamdl pt. et they
were merely
eman on a tack, hereby
•
Mr. Ffooks then summed tip for the proe,,weti
remarking as to the opinions expressed in the booh.
otwbrhegiycuh'ntiFf:l ht to metn pron
acquire an independent opinion. When ha
came to epeak of the injuries done tn the Jew, a Juror
sail Ile ),el been particularly accustomed to the •n nal
tribe, and be began to speak of the jaw as being a vi ry
tender part in the newborn young. and easily bruktu.
The Judge mini the Palur could use hie expel-te,s.
whets they came to consider their verdict.
Mr. Ffetelts, noticing the ezprt scions of some 4 tile
jury, said it would be useless for him to proceed, if ti,a
jury had any re:t• amble doubt about the child'. bi•th,
The Judge said it would have to he shown that the
child was born shoe. If the child were kill, 'I, teft
wilfully, before its setaej birth into the world, that sr,
not murder. Had they any reasonable doubt about it,
were they satisfied the child •sa born alive into 1,4
world? . . . .

somers t
h,
rt beernd'ei..dt
d.st isA.tetelivisnodhiter
ae rut. e !..iroLeseer
_ .
The Jury teemed to have some doubt, and the
prisoner &roved from leir oomparatiee senoras, me
watched pith greet anxiety the discussion in the jury
box. More than once she closed her eyes, and treelike
length ore
hoe". 1;
ii
saul
nurtori""ipreperation made for the ennuis
violentlyh wofuolrd
m leaned her head upon h-r Laudk
and as he profteded to ley that she said the charge 4
being in the family way "wean lie, like the rest of the
chat against her, she shook her head slowly free me
to aisle. A few moments liter she spin consulted with
f'bmitiritkhra:dpontrwhisOrlenlebeir;ll7inner:les
Mr. Tanner. Mr. Ffooks concluded by asking tie jury.
it the poor woman weld be acquitted. consistentle wee
the evidence, let them by all means do so ; but is they
had no doubt of her guilt, they would be bound by tear
oaths to find her guilty.
, Mr. Collins energetically addressed the jury for the
defense. His learned friend had laid before tjoTh what
wan about the most awful issue that any hely r 4 teen
could have laid before them. They were bray wietlier
that young woman, full of life was to he consigned toes
awful desth, whether she wan guilty or not of at awful
crime. Was there a single tittle of evidence against
that unhappy woman at the her, except the evidence of
Dr. Druitt? Alluding to the seducer, he raid, hire see
• young woman the victim of • man to whom the Isw
gives no punishment, and who cares not what becomes
of her, for it is ere • criminal offence in the eye of
the law to seduce • poor woman. The man the eisaci
of her trouble, could tot be should think be withio
sound of hi• voice, for he could not be so ghat:is:se
ne to witness the ruin be bad caused, and he go, it
free, while the prosecution *ought to fix a torible
crime upon the woman. He was perfectly aware they
would weigh every particle of evidence. he prosecu-
tion had to prove every point, and he would rtnrrd
the jury that when their came was closest, a material
point had not been proved. Whether his learned freed
forgot it, he did not know ; but it was only elicited by
a question from hls lordship what were the injoirim
that bail caused the child's death. It was not until be
Druitttwu reveled that he stated the cause of ilestk
wen suffocation by the bleed flowing down tbc child's
thereat. Were they satisfied to say first that that child
was horn alive; secondly. tbat the injuries were the
emu of it death ; and that those injuries were ititlictel
by the prisoner at the bar? Not a ery was he atd by
the children in the house, though it was a small hoses,
arid school was kept below the room where the child
wes born? From first to last no cry of an latent was
know to be uttered, by any child in the house. Would
they put the halter round that woman's' neck because
Dr. Itruitt said that criminal violence hurl here card?
Dr. Druitt might be • gentlemen of considerable exii
perienee, hut he had never made • single exrerinicene
that would enable to decide whether wounds lose
made upon living or dead bodies. Dr. Pruitt
bete the character of a peinsitaking, hard-working
medical gentleman ; he hal seen the ordiney
practice of • country town ; but when Dr. Menet gave
his opinion, and told them in the same breath that there
were no substantial grounds for that opinion, he (Mr.
Collins) would ask them ti pause before they convicted
the young woman upon his opinion. They saw the way
in which Dr. Druitt gave his evidence—a little eager,
not too fond of giving a direct answer, very widow en-
swering "Yea" or "No." No doubt a wetness might
say yes or no, and then give an explanation ; hut when
in the witnese hex Dr. Druitt had to set aside his charac-
ter as a medical man, and give grounds for his opinions.
" Every elute," he raid " suttee me believe the child
was born alive." But Or. Druitt could not venture to
swear that the bruises were caused when the child had
• v. pleat° existence from its mother. He gave three
testis—the Appearance of the. bruises on the forehead,
the retraction of the skin and =males from the curs,
and the aubsequent rigidity of the body. He would
have hesitated to have given an opinion whether the
child' wee born alive had any one of these signs been
absent. One blow, bo ray., might have sensed the in'
juice to the jaw, if there had been resistance b hind.
But one of the jury got upend told Dr. Druitt that the
jew was a very tender part in newly-born animals, and
might easily have been broken, especially in a newly.
born infant. He read what Dr. Drain was reporteil to
have said before the magistrates. "It is possible that
such an injury might be done by • woman in her de-
livery ; but I should hardly think it possible ; extraer-
dinary force must have been used." When tbo
appeerauce of this body was fresh in Dr. Druittei
mind, when be knew every fact, when he had
seen the body only the same day, he said it was possible
that the iejorii s might have been canoed In delivery.
No doubt extraordinary force was used. Look at tho
agony this woman must have been in ; no mother or
friends near her, and all the shame of an illegitimate
child upon her I [Prisoner here sobbed bitterly ] She
was weakened by want of food, for she had not tasted
any Pineo the day before, the bedroom was floating in
blood, the women's person saturated with blood.
Extraordinary force wan no doaht need, for it was an
extraordinary agony. Blood was rushing from her, and
WAS actually dripping from her clothes when she was
helped into the cart. It, would rather take the opinion
of a jury to say that it does not take extraordinary
force to inflict such injuries on the jaw of an animal or
a newborn infant. The woman did not know when
her trouble was coming on, and during the whole first
pert of tbe day, she had the dreadful agony, and the
shame she knew was imminent. Any one might have
gone in, for the backdoor of the house was open, and
she mune have perfectly well known when she saw the
trues of blood, that dripped into the out, that there
could be no doubt that the house would be entered,
and the body of the child found. Woulil they believe
that if she had known she had battered in the heed of
the child, she would 'not have carried the body
away with her. tete must have known the birth would
be discovered. the moment the woman Parsons went
into the house, end if there had been a murder, the
only thing she had to do watt to wrap the body in is
cloth and take it away with her, and dispose of it. If
the woman was the cool, coldiblooded murdress she
was represented to be, she would have had no difficulty
in doing this. But the drawer wherein the body lay
eru left unlocked, no one would have known there
had been anythiug but • miscarriage. Mrs. lemons
thought it had been so. What would have furnished
positive proof? Dr. Pruitt had said that his character
was at stake. But Dr. Druitt had done that which
he (Mr. Collins) ventured to say he would never do
again, if he practised at Wimberee for 28 years more—
he did not have • poet-mortem. That wtis a mistake
which, if this young woman were banged. Dr. Pruitt
would never forgive himself. He said the lungs offered
no test whether the child WM born alive. if they were
found not dratendol with air ; but in a solid body then
the child had never breathed. The experienced coroner
Mr. Rawlitut offered Dr. Druitt a poet-mortem ; but Dr.
Druitt, who seams only to have looked in the *heirs
mouth and passed bis finger round, was so confident
that he would not have one. There was an un-
failing test ; if the lungs had not been dies
tended with air, then the child could not have
been born alive, and that woman would not have been
put into the dock. If the post mortecu examination bad
been made the merest tyro in medicine would have told
the jury that it would have offered • conclusive proof
whether the child had died of 'affiliation or not. His
, learned friend (Mr. Fluke) said Dr. Druitt gave poets
tine answers to his question', and he (Mr. Collins)
would say it had meter been his fate to hear more posi-
tive answers in • case of life or death, l/r. l/ruitt said
biseharecter sea at stake, and he gave positive &weer.,
he relied on his own skill too much, he did not m•k•
the post mortem examination, and of that he (Mr.
Collins) umpleined. The girl went home, and was
tsken into custody of a female that night. The child
was found—there the prisoner sobbed sgain)—andtat
that truce there could he no doubt that a serious 'orate,
station was about to follow. Dr. Druitt weld not sayl forget it," for the Coroner reminded him of it; but
he said "From the appeeranees I oonsider the child
we. born alive." Dr. Manning is not arlfthint s°
confident. He
(Mr. Collins) hail read 'rota work which
among medical men is of considerable imperteoes ; but
his learned friend Mr. Rooks said these works were sign
posts for medical men to rely upon or not What be aim-
plained of was that Dr. Drain had not used Oil "ten
post. After quoting the pleura from Pr. Taylor, Mr.
C ellins reminded the jury that Pr. Taylor had made
these experiments and Dr !treat heil not. Dr. Taylor
nee "Don't give an °pinkest, for you are aa lately to be
*tone ae right." Dr. Druitt hail spoken to the best of
his knowledge ; but wa. he coming there to take away
the life of that
poor girl upon ouch information? Dr:
I/ruitt waa a positive man; be did not trouble himself
to make the post merle m examination, he says" These
signs are sudin,nt to cause death." though Dr Taylor
putt up the Sign peat over his head. He (Mr,
Collins) had felt rather warm, because that Dr. Druitt
had given that positive opinion, and the more so, after
the books which were quoted. Mr. Collins then went
on to remark on the bleakness of the blood from the
woneeee emote, which he contended would show that
, it had not bend aerated by inspiration. He voted net
truttlito t!...61 with 1(4441m:ch. They porfogov.,yoil

hour what the prosecution had to prove. They bad to
prove tbe prisoner was delivered of a child—there nu
no doubt about that that the chill had breathed—thrre
vu rcry hue proof of tl.at ; autl.they bad to prove it

bral • ae- par oe rii.tonea. of which Own, •as no proof
at all. c the woman might hove meshed

.•
therbUd eccide t pointe f out that the umbdiaal
..rd was t .ra and not ant. They bad every ponce of
evidence t.. 8 t • ',ova Viat it hal not brraihid, nod
alma it all to sleb• it hid a separate existancw. Mr.
Coffins, after alluding to the primmer, no Ito maid, havtog
atrag, led down to try and pert OM I re dinow, prove, a. ii
vpeak of the worn owl by priooore to Mr.
II ousuomol, which he said %etre rquictleut to" Let 'Lem
prove
. . .

r -The Judge: There le no selnds.ion In that.
Mr. Wins said snme evidence hot been hraucht to
prose the' no dribs linen had hovn piovided : hot :eerily
proved that Wong: was in the draw.ra 4 fie. s.had
Ileum., and no searcher:is insdo stilt. house of prixooeex
father. Ile proceeded to warn the jury that Go: r. rd:et
would he that of end, one of thew, ao.l lii., I. on.
sib.hly would rest on each, in the dela .4 God and loin.
Koch was hound to say if they de. idol for the crown,
that the evidence wax Conc:uaire; but ot, the part of the
_

',limner. if there e ero two hy °thyme, one
minoisteot with the prisiiiim'a innocence, and the
other apparently ron•i•tcnt with the primoner's
gullt, then they were hound I. tak) that one eon i•tent
with her innocence. Spehking of the !done foun I on
the Plairm.iimeared with blood, lie urged that pi imner
when called out of the room in her moony, might easily
have swept the stone clown three or lone ntairv. as she
oroerle I down, and thu• roma of the blood would be
found upon it. Ile Kneed on them that th, questions
were—were they oatidied ti at the child heel; that it
hal a meliorate condene., and that the iejories were
ii•flicted ici manner by tie prisoner at the
hoe, and then, points be auhinittod there was no evidence
to pro.
The .bulge said this was a very solemn enquiry, and
the lacy would come to much a cencludon as their

juilg;ar:it and &omelette° would approve, without Ilwit;it
imami on the elm hand by equip:W., for the prisoner,
or or. the other by anyyr ding .-nit, 4 by the mutilation
•it the body. It tiros a c.ae of grsitt diflieulty—not like
.111 ordinary cue of murder, for generally there is DO
'doubt that the pi r•on said to be murdered once lived
—but here they had to decide finit whether the child
really l 4 existed, an indeper.dent being want° from
ita no tier. If it was put to i'eath Wore birth, or on
its passage into the troll& then the offence was not
sunnier. If &Ley wcre .atisfied it was horn idler,, then
they oust decide whether its life was extinguished by
those acta of violenee which undoubtedly were indicted
. .

upon it. It was not suggested that tbe.ebild we. not
full-grown. Priormer denied being In the family way
alsoat a month before, and it was kevident she did' not
111C312 to make it known. Though on the 15th June
she war ill for houv, she said nothing about it. and
there was so evidi nee of any preparations for tho birth.
She did not disclose the situation she W.LII in, and said
she had been suffering from diarrhoea end stomach
mslEdies, to which her mother bad been subject. She
had Mlle tea, and afteiwards sent to tell Mm.
P 21,01111 she did not want soy morn, which
looked I•ko • hint not to come to the house again.
His lordship then preeee•led through the evidence,
commenting net it, and laid the variou• points to be
deeided before the jury, asking if the child hot died
peewit:m.ly what mould be the the object of inn ietine
the ittintrea upon it! Itssoing on to the ev &nee of
Dr. Isruitt, be remarked that the doctor had been
preeetsi it good deal aa to the statements in a book.
Mediu' men were otter. unfairly treated in a court of
;tulle... All they could do wu to give their experience,
And ho had Mowed( many time, known Dia author of a
a book, not Dr. Taylor, or Dr. Guy ; but a gentleman
••tutte us eminent as e.ther of them, crowstsamined most
wriely tel most sucoessrully as to the statements in
their own books. arid who had retracted statements
made In his Own books. As he understood from the
evil, ore., the app. ar.nre which led Dr. Druitt to the
condos that tl.e injorii • were indicted on • living
Irsily, were just thaws which Dr. Taylor gives, only
lie. Taylor mays three signs are noise certain but that
they may be mistaken. if. did not understand any-
It sly said this wan a stilboin 'Lila. If the jury did not
believe that the injuries were inflicted wilfully while
the child lived, and after it had been hoe., tiny
would have to acquit title net of murder, hut it
was competent to them to find her guilty of
oucealiug the birth. In order to make it possible
to inquire into the cause of death of every living
being, the law makes it an offence to uncut • birth.
Dri this nint he did not think they could have Env
dolt. :flu. &I not tell Mrs. Psnons of it, and the
dcal body waft conm sled by being removed up and put
in the urawer. If they acquitted her of the charge of
murder, they tad before them the eh‘treet strident* on
which to convict her of the minor °Mom.

The jury r-tireil for about ten minutes, and returned
int.. o.ort with • verdict that prisoner was guilty of eon-
eralmoi t of birth, lut not of murder.
Tb. pri-,cor evidently became more cheerful : huts.
slu op to receive sentence ha lips qui., rel.
The Judge said the jury lad given her the benefit of
the doubt as to the murder, and foand her guilty only
ot the concealment. He could And no fault with the
verdict, for if he had been upon the jury, he might
verbal • have come to the same conclunon, upon the
vormihility that she had couimitted the I, juries during
the proms, of birth. It was • case of auspicion, and
the olifenee of which she was eonvieted wail of .o era,.
a nature that it amid not he paused over lightly. A
woman who concealed the birth of • child, as there
was no doubt she hall done, was liable to be sem
t:eniced for a period of two years' hard labour. No
doubt the penalty permitted of gradaion, and he was
not obliged to give so long a punishment. but. looking
at all the circumstances of the case, he thought it was
enact as bail • chareeter as had sonic before him. Her
conduct dining the whole of that day on which she was
ill, and her denial to Ma Parson. stti.fi,d him that,
she certainly did intend to conceal the fact of her har-
ing lad the child. Ile thritrAt it one of thow Case.
where the Lrgi.latirre intended the full sentence, and
he irearded the putii.liment of two years imprisonment
with hard labour.
. . .

Tb • prisoner vas removei sobbing and moaning from
Lb. dock.