The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1865-05-09 00:00:00

EXAMINATION AND COMMITTAL OF
CONSTANCE KENT.

THE ROAD MURDER.

On Thursday, the adjourned examination of Constance
Emilie Kent, who had, as all the world knows, confessed
to having perpetrated the murder of her infant brother,
Francis Seville Kent, at Road House, on the 20t11 June,
1860, took place in the acssion-house, at Trowbridge.
When the reporters hul token their seats, Captain
Meredith, chief constable of Wilts, stated that a report
had appeared in one or two local papers relative to a
knife, and, observing that it had not been produced, he
wished to say that if anyone was to :blame in the matter
he was ; but really there was, after all, nothing in the
affair.
The magistrates upon the Bench were Mr. 11. G. G.
Ludlow (chaPmaan), Mr. W. Stancomh, Mr. J. P. Stan.
comb, Mr. T. Clark, Mr. J. 11. Webb, Mr. C. F. D.
earner& Mr. J. L. Phipps, MLA. Laverton, the Rev.
R. Crawley, and Mr. R. Waimealey.
The case for the prosecution was conducted by Mr.
Inspector Williamson, of the Metropolitan detective
force; and Mr. Inspector Whicher, who originally
apprehended Constance Kent, was also present. Mr.
Rowland Rod way, solicitor, attended to watch the case
for the Kent family. Upon the Bench were a large
number of ladies well-known in the neighbourhood.
Mr. Dunn, solicitor, of Frome, who conducted the
defence of Constance Kent, when she was previously in
custody, was in Court, as was also Mr. Stapleton,
Burgeon of Trowbridge, author of "The Great Crime
of 1860," and other gentlemen whose names have
become familiar in connexion with; this remarkable case.
A. few minutes after eleven o'clock there was a hush
amongst the occupants of the justice room, and the
prisoner entered the apartment. She was, as before,
plainly attired in black, and had on a thick veil. By
her side, in the dock, was seated Mrs. Alexander, wife
of the governor of Devizes gaol. The prisoner's
appearance was in nowise altered by her stay in gaol,
and while the witnesses were giving their evidence she
remained with her eyes fixed on the ground, only raising
them to glance at each witness as they were called into
Court.

The Chairman addressing the prisoner, said she was
aware of the (Marge upon which she hal been remanded.
He believed that a solicitor IVBA in attendance on her
behalf, and it would therefore be unnecessary for him to
make any
.remarks.

Mr. Rodway said he attended at Mr. Kent's request,
to watch the case, and he would take that opportunity
of saying that it was not his intention to cross-examine
any of the witnesses. The prisoner having signed a
confession, any discretionary power which the magis-
Wants might otherwise have possessed was taken from
them, and they must send the case before another
tribunal. He, therefore, should reserve the defence
until the trial, which was inevitable.

Mr. Inspector Williamson having, in reply to the
chairman, handed into the court notes of the evidence
which he had prepared,
Elizabeth Gough was the first witness called. She is
still of young and prepossessing appearance, and seems
to have suffered but little from the effects of the gross
calumny which has for so many years rested upon her.
She was fashionably dressed, and gave her evidence with
much propriety. On being sworn she said: In the
year 1860 I 1,1719 employed asperse in Mr. Kent's family,
at Road-hill-house. I remember Friday, the 29th of
June. On that day- I had been cleaning the nursery,
and was more busy than usual. I did not awake during
that night. I slept soundly. I had charge of the
decease Francis Saville Kent. Re slept in the same
room with me; be slept in a cot on the opposite side of
the room. Another child was in the room, in a cot, by
the side of my bed. That was a little girl—Eveline.
The cot in which deceased slept was upon the same side
of the room as the door. My bed was on the opposite
side of the room to the door. A little before eleven
o'clock on Friday evening, the 29th of June, was the
last time I saw deceased. I then went to bed, leaving
him asleep in his cot. I awoke the next morning about
a quarter-past five o'clock. The child was not there. ;
did not awake Mrs. Kent at that time, because I
thought that the deoeased was with her. When I went
to bed I think the door was closed ; it might have been
on the jar. I cannot remember now, distinctly, bow it
was. After I had seen Mrs, Kent I went to the room
of the two Misses Kent (the two elder daughters). I
saw them. I went to inquire if they had seen the little
boy. I saw the prisoner; she was standing by the door
of her own room. She was standing near enough to
hear the conversation that passed between me and the
Misses Kent. The Misses Kent said they had not seen
him. The prisoner made no remark. I examined the
cot where deceased had been sleeping. The clothes
were folded down at the foot of the bed. They were
folded as other things would be folded, not roughly put
back. They were not disarranged.
Mr. Rodway, interposing : The clothes were folded
over.. Towards the foot of the bed?
_ .

Witness: Yes; I think you saw them yourself.
Examination resumed: After the dead body of the
child was brought in I discovered that a blanket was
missing. The blanket had been between the counter-
pane and sheet. The dressing room window and shutters
were fastened as usual. The nursery opened into the
dressing-room. The shutters were fastened as usual
when] went to bed on the Friday night. The window
of the nursery was also in the same state. It was the
custom of the deceased to sleep in the middle of the
day. He did not do so on the Friday in question,
because the room was in confusion.. Mr. Kent's family
consisted of himself, Mrs. Kent, who Was his second
wife, Miss Mary Ann Kent, Miss Elisabeth Kent, Miss
Constance Emilie Kent, and William Saville Kent;
those four children were by the first wife. The children
by the present Mrs. Kent were Mary Saville Kent, who
was at that time aged about six years. Next to her
was Francis Saville Kent, the deceased. His age was
about four. Then there was a little girl named Eveline
Kent, who was about two years old. That was the
whole of the family, and at that time there were no
visitors staying in the house. There wore three servants
in the house—myself, the housemaid, Sarah Cox, and
the cook, Sarah Kerslake. No man-servant slept in the
house. The whole of the persons I have mentioned
slept in the house on the night of Friday, the 29th of
June. At that time the prisoner had been home for
her holidays about a fortnight. She slept in a room by
herself. Her brother William also slept alone. There
was no other room in the house occupied by only one
person.
The Chairman : Constance Kent, do you wish to ask
the witness any question?
Prisoner (faintly) : No, sir.
Thomas B' enger, the next witness, deposed : I am a
farmer living at Road. I remember Saturday morning
the 30th of June, 1860. I was near Mr. Kent's house
then, and in cons,quence of what he said to me 1
aearohed the premises. It was then between seven and
eight o'clock, and it was close upon eight when the
child was found. I made a search for the missing child
in company with Nott, a labourer. We came to the
closet, and saw some blood on the floor. It was not
much blood, but it was rather of a dark colour, and
covered a space as large as the palm of my hand. Upon
seeing the blood, I raised the lid of the closet and
looked in, and perceived something that looked like
clothing. I despatched Nott for a light, in order to see
what it was. Whilst Nett was away I continued look-
ing in, and at last put my hand in and pulled out a
small blanket that covered the child. Nott came and
assisted me, and I wrapped the child in the blanket, and
carried it into the kitchen. It was the body of a little
boy, and I believe it was that of Francis Saville Kent.
The throat was cut so that the head was nearly off, and
you could see the joints of the neck uncovered. I did
not notice anything else particular about the appearance
of the body. There was a little dirt and blood on the
blanket. The blood was very slight. I did not see
blood on the night-dress more than the blood in the
folds. _

The Chairman: Prisoner, have you any question to
ask the witness?

The prisoner made no reply, and appeared quite un-
moved at the evidence that had been given.
Mr. Joshua Parsons examined : I am a surgeon at
Frome, and remember the morning of the 30th of June,
1860. Went t‘,en to Road-hill House, between eight
and nine o'clock. There I saw the body of the deceased
in the laundry on a table. A blanket, night-dress, and
flannel were wrapped about the body. These were
stained with blood and soil. I noticed an incision in
the night-dress,and the flannel had also been penetrated.
The incision was on the left side, near the region
of the heart. The incision touched the ribs, but
I did not see it then. There was a blackened
appearance &mild the month. The tongue
was not injured, but slightly protruded. My
opinion on the blackness of the mouth was that it
contrasted so strongly with otherwise universal paleness
of the body, that it showed a strong pressure against
the month during life. There was no bruise or cut on
the tongue whatever. It did not appear as if anything
had been forced into the mouth. I found an incision in
the throat, which bad been made from left to right, and
which divided all the struoture, air tubes, blood vessels,
and nerves, quite to the front of the spine. After-
wards, by order of the coroner, I made a post mortem
examination, and this was in the afternoon of the same
day. All the internal organs were healthy, but com-
pletely drained of blood. The stomach was in a per-
fectly healthy state. Saw nothing that induced me to
believe anything had been administered to the deceased
as A narcotic. Saw no trace of poison whatever. I
• found that the stab in the chest had divided the
cartilages of two ribs, and pushed the heart and its bag
out of the way; had then penetrated the diaphragm,
and wounded the upper surface of the stomach. There
were slight wounds on the fingers of one hand, but
from these no blood had issued, so that I judged the
wounds were inflicted after the incision in the throat
had been made. The body, when I first examined it in
the morning, was rigid. Thought from this that the
child might have been dead from five to six hours at
least. In my opinion the incision in the throat inset
have been the immediate cause of death; but the
appearance of the place where the body was found was
such as led me to suppose either that the throat was
not out there, or that the circulation of the blood was
in a great degree stopped by suffocation before it was
done. The cut in the throat must have been
' mode eithero with a knife or razor. Either
would have made it. The wound in the chest
I could, I think, only have been inflicted by • long,
I sharp-pointed knife. The width of the stab in the
chest was about an inch and a quarter, and there
was a notch on one side, as if the knife had been with-
drawn in a different direction to that in which it was
forced in. I accompanied the late Superintendent
' Foley in his search in the house in the morning, and
examined, amongst other things, the night-dress of the
' prisoner, Miss Constance, and I made a remark at the
time to Mr. Foley that I considered the nightdress was
extremely clean. I can't judge how long the night-
dress had been worn, but my opinion at the time was
that the starch was not gone from the frills and waist-
bands as it would have been if the dress had been worn
from the Saturday before. I examined the closet, and
there was blood in a kind of stream on the board, half-
way down the closet, where the body bad lain, a patch
of blood on the floor, and there were two or three drops
of blood on the seat; but all of this blood was of a dark
oolour, and had evidently fallen straight down, and not
spurted from hying arteries. There were some splashes
of blood on the outside of the perpendicular side of the
seat; but these splashes all had the large spots upwards,
so that they must have been made by the fall of blood
upon the floor. I saws piece of paper which had been
picked up outside the closet which had marks of blood
upon it.
hir. Rodway (in cross-examination) : When did you
form an opinion that the deceased child had been
subject to pressure on the mouth? This has given rise
to a great deal of misecmeeption and was not part of
the statement made by you at the inquest.—Witness :

I made a statement at the inquest that there was a
blackened appearance around the mouth, and then I
said I thought the throat had not been oat there, but
that more blood would be found in other parts of the
Premises. Afterwards, as no other blood had been
found, it appeared to me that the absence of all splssbes
and of all arterial blood could be accounted for by the
blackened appearance of the mouth, which exactly
tallied with the idea that a very strong pressure had
been made on the mouth long enough to suspend the
circulation.—Mr. Rodway : Do you say that that state.
!sent formed part of your evidence ? Witness : I
believe it formed part of my evidence, but the inquest
was held at different times, and I have no notes
of each part of the evidence.—Mr. Rodway :1 was
anxious to know, because you have been examined on
three different occasiona, and in this particular your
evidenoe materially varies.—Witnews : I think not;
except that at the inquest I said I thought blood
would have been found on some other part of the
pn4nises:

. --
The Chairman: Are you quite oertain you never saw
any other trace on any other part of the premises ?
Witness : I have no other recollection, except that
blood had been carried in with the body of the child.—
The Chairman: Did you follow Mr. Foley when he
made a search in the ch.-sett—Witness : I was there
when the vault of the closet was opened.—The Chair.
man : Did you at any examination see any trace of any
great quantity of blood in the vault ?—Witness: I did
not see 30 much as I expected. I did not see so much
as I should have expected to see if the whole of the
blood that came from the body of the child had fallen
down. .

Afterwards the witness stated : The body was in the
soil, and with a great quantity of paper, and it was
diffioult to form an estimate.
The witness then asked to he allowed to leave, and his
deposition was read over and affirmed.
_ _ _

The Clerk (afterwards) : If the vessels of the body
were empty of blood, could the throat have been out
after the circulation had ceased ?—Witness: I did not
say the circulation bad ceased ; if you will read my
evidence---The Clerk (reading) : "It was in a great
degree stopped." I think you knew the deceased child
in his lifetime.—Wituess : I did.—The Clerk: Was the
body of this child found the body of Francis Saville
Kent ?—Witness: It was. .

_
The Chairman: You speak of having examined the
prisoner's night•dress. Did you examine the night-
dresses of any other inmates of the house that night ?
Witness : I did • but Ido not know whose. Mr. Foley
and myself went round, and he took some and I took
others, but we were both in Constance Bent's room.—
The Chairman: Were you satisfied that there was a
difference in the night-dress of the prisoner and those
of the others ?—Witness : 2was struck by it.
The Clerk: Why did you think that there was •
difference between the dress of Miss Constance and
those of the others 7—Witness : It had so much less the
appearance of having been worn.
The Chairman : It seems the opinion of the magis-
trates that you shall not leave at the present moment.
We cannot tell yet whether we shall require you, or we
would willingly let you go.—Witness: I am sorry for
that.

The Clerk : I think you were the regular medical
attendant of Mr. Kent's family at that time Y—Wttness :
I wasat that time—The Clerk: With regard to the night-
dress found in Mies Constance's room, you went to the
room with Mr. Foley, I think? Where was the night-
dress ?—Witness: On the bed.--The Clerk: On her
bed Y—Witness : On a bed in the room I was told was
her bed.
_ _ _ _

--Sarah Rogers, wife of George Rogers, deposed: My
husband is a farmer at Steeple Ashton, Wiltahire. My
maiden name was Sarah Cox, and in Jane, 1860, I was
housemaid in Mr. Kent's family, Road-hill House. It
was my duty to fasten all the windows and doors in the
front part of the house. I remember the evening of the
murder. lam quite sure that I fastened the drawing-
room windows and shutters It was a sash window to
throw up. It opened on the groom!. The shutters
were parted in the middle, and were fastened with two
clasps. A strong iron bar went across the middle of the
shutters to fasten them together. They could not when
fastened be opened from the outside. I also looked and
bolted the drawing-room door on the hall side. I went
t 3 bed about a quarter to eleven that night. I went
down in the drawing-room again the next morning as
usual, when I found the door unlocked and a little way
open. The top shatters of the drawing-room window '
were fastened with a hasp; the under ones were
unfastened and a little way open, and the window was I
raised a little. No force appeared to have been used.
My duty every Monday morning was to collect the dirty
linen from the bedrooms. I had some of the prisoner's
clothes on the Sunday and on the Monday. Her night-
dress and stockings were thrown oat on the landing.
The remainder of her clothing I had from her room on
the Sunday morning. It was on the following morning
(Monday) that I found her night-dress and stockings on
the landing outside her room. Sometimes I have found
some of her c'othes on the landing, but I do not re-
member ever finding her night-dress on the landing
before. I usually had it from her room. Sometimes I
did have her night-dress on the Sunday morning, and '
sometimes on the Monday. I noticed nothing unusual
lii the night-dress which I found on the Monday morning
after the murder. Miss Constance's clean linen was
kept in a drawer in her own room. 1 took the night-
dress which I received that morning to a lumber room
on the first floor, and there sorted the linen out. It VMS
between ten and eleven o'clock, as near as I can remem-
ber. I went to Miss Kent to come and book the clothes,
and she put it down as I put it in the basket to go to
the wash. I went through the clothes with Miss Kent,
and sorted them as usual. lam quite sure that I put
the night-dress into the basket. I put in her other
dirty clothes with her night-dress. The prisoner's dirty
clothes were not put in altogether, as the night-dresses
were put in first, and the number was then called over.
As near as I remember I put in three night-drerses,
including the prisoner's. The others were those of Mrs.
Kent and Miss Kent. Miss Elizabeth Kent always
made a bundle of her own dirty clothes, and sent them
to the wash by themselves, and they were not entered
in the same book. After putting the clothes into two
baskets, I covered them up, putting the kitchen table-
cloth over one basket, and one of Mrs. Kent's dresses
over the other. When I was in the lumber-room
finishing packing up the clothes I was alone. Miss
Kent had left. WhiLst.l was so engaged,Miss Constance
Kent came to me, and ask me to look in her skirt
pocket to see if her purse was there. I pulled the
clothes on one side in one of the baskets, found her
skirt, put my hand in her pocket, and told her that her
purse was not there. The same basket contained the
, night-dress, because it was that in which the biggest of
the linen was put. lain sure it was there. I told Miss
Constance the purse was not there. She asked me if I
would get her a glass of water. I then went to the
kitchen downstairs. I went down the back stairs.
There is no door on the stairs. Mies Constance
followed me to the top of the back stairs, which is near
the lumber-room. I left the basket not covered up
when I went for the water, and when I returned she
was at the top of the stairs in the some position as that
in which I had left her. I brought the glass of water,
and Mies Constance drank it. I was not absent very
long. After she drank the water she went up the other
back stairs leading to her own room. When she came
into the lumber-room I don't know which direction she
came from. There was water fit for drinking usually
kept in the bedroom. There was a water bottle in Miss
Constance's room, but I don't remember whether or not
there was water in it.
The Clerk: Was there more than one sash in the
drawing-room? It was a bow window, and there was a
middle window ; and were not there two smaller ones at
the side? Witness: I don't remember.

By the Chairman : All the windows opened, I think.
Esther Holly, wife of a labourer living at Road, said:
I am a washerwoman ; and in June, 1860, I washed for
Mr. Kent's family. Remember on the Monday after
the murder going to fetch some dirty clothes. It was
usual to go for the clothes about eleven o'clock on a
Monday morning. My daughter Martha went with me.
When I went to Road-hill House I went as usual to the
lumber-room. My daughter and the cook went with
me. Saw in the room two baskets of clothes, but not
packed. We packed them, and brought them down
stairs, covering them as we usually do. We carried
them home, I one, and my daughter the other. We
went straight home, and opened the baskets as quickly
as we possibly could. My three daughters
were present when the baskets were opened.
I found there were only three of the
night-gowns instead of four, and Miss Constance's
was not there. There were three night-dresses in the
two baskets ; they were those of the two elder Miss
Keats and Mrs. Kent's. Can't remember whether the
two elder Miss Kent's night-dresses were together or
not, it is 80 long ago. (Laughter.) 1 think there were
two washing books, but my memory is so bad, lam not
certain. I have seen nothing of Miss Constance's night-
dress, but I made no inquiry about it that day. I
suppose I did afterwards, but I can't tell you. There
were plain frills on Miss Constance's night-dresses; and
the elder Miss Kent and Mrs. Kent had night-dresses
with edged frills.
At the conclusion of this evidence, the court
adjourned for half-an-hour, and on the magistrates re-
assembling,
Martha Nutt was called. She said: I am the wife of
Abraham Nutt, a labourer of Road, and I am the
daughter of the last witness, Esther Holly. Remember
going to Road-hill House after the murder in June,
1860. Went with my mother, and we went after the
clothes that were to be washed. The clothes were
packed in two baskets as usual. We carried the
baskets home, I and mother, and did not atop
anywhere in going home. On reaching our home
we took the clothes from the baskets, and did not see a
night-dress belonging to Miss Constance in either of the
baskets. I know Miss Constance's night dresses, 48
they were made different from those of the other female
members of Mr. Kent's family. Her's were made of
long cloth, with jacconet frills, and were plain. There
were three night-dresses in the baskets altogether.
The dresses belonged to Miss Mary Ann and Miss
Elizabeth Kent, and to Mrs. Kent. They were loose and
wrapped up with the other clothes. The clothes were
entered in two books, one for the house clothes, and the
other for the nursery. When Miss Constance was at
home I can't remember whether or not we had one of
her night-dresses every week. The elder Mies
Rents had edging on their night-dresses, whiol: Miss
Constance's had not. There was work also on Mrs.
Kent's night-dress. Suppose the elder Miss Kents had
their night-dresses made of calico. Did not say any-
thing about the missing night-dress until 'my mother
sent me to make inquiries at Road-hill House.
Sergeant James Watts, of the Somerset constabulary,
stationed at Frome, deposed: From information I
received, I made a search at Road-hill Heim, on the
30th of June, 1.860. In the course of the investigation
I found it soiled garment in the fire-hole of the scullery.
It was a chemise, wrapped in thick brown paper. I
took it into the stsbleyard and examined it, and whilst
I did this the late Superintendent Foley came in. He
asked me what I had found, and I showed it to him.
It was not a large-sized chemise, and there was blood
upon it. Mr. Foley said he would take it to Trowbridge,
to be examined by a medical gentleman, and I have not
I seen it since. The blood was on the lower part, and
there was a great quantity of blood, before and behind.
The tail part of it was nearly covered. I cannot describe
it any nearer. The marks of blood and smears nearly
covered the whole of it. It was about four o'clook in
the afternoon when I found it.
Mr. Rodway : Were any mediaal men in the house
at the time you found this 7—Witness: Not that I
know of. Mr. Foley took it, and said that he would
show it to a medical man. —Mr. Rodway : Do you know
whether it was shown to a medical man 7—Witness: I
don't know; I have never Peen it since.
Mr. Jonathan Whicher, late chief inspector of the
Metropolitan detective police, said: On Sunday, the

15th of July, 1860, in consequence of a communication
made to the Home Secretary by the magistrates of
Trowbridge, I received directions from Sir Richard
Mayne to proceed to Road to assist the local police in
1 investigating this case. On my arrival here Mr.
Stancombe, magistrate, put me into communication
with the late Superintendent Foley, and I commenced
mY inquiries in conjunction with him. On the 16th of
July, 1860, while making inquiries at Road-bill House,
I went to the bedroom occupied by Miss Constance,
and in a chest of drawers in that room I found the list
of linen which I now produce. I sent for Miss Constance,
and holding the list in my hand, I said "Is this a hat
of your linen" She said, "Yes." I said in whose
handwriting is it, and she said, "It is mine," or words
to that effect. I said, "Here are three night-dresses
enumerated, where are they ?' I held the list in my
hand the while, and referred to it. She said "I have
only two, the other was lost at the wash the week after
the murder." I said "Where are the two that you
have ?" and she brought me the two night-dresses which
I now produce. On the 20th of July the warrant I now
produce was issued for her apprehension and I pro-
ceeded to Road-hill House to execute it about two
o'clock of the name day. I sent for the prisoner into
the drawing-room, and I said, "I am a police-officer,
and I hold a warrant for your apprehenaion, charging
you with the murder of your brother, Francis Saville
Kent." She began to cry, and said she was innocent;
and I then conveyed her before the magistrates, who
were then sitting at Road, and she was remanded for •
week. At the next examination she was discharged,
her father entering into sureties in £2OO for her appear-
ance. I made every search in the grounds and premise',
assisted by Mr. Foley and his men, with a view of find-
ing the missing night-dress, but was not successful.
The Chairman: I think you said that on the 15th of
July you commenced. How long were you engaged
then ?—Witness: About a fortnight—The Chairman:
During that time, did you ever hear about any bloody
garment having been found ? Witness No, I never heard
of any Wood-stained garment being found in a flue. No
such communication was ever made to me by any
member of the police-force until three months after-
wards. I heard of it being brought out in the mouth
of November, at an inquiry made by Mr. Saunders. I
then wrote to you and said, I never heard a word about
a blood-stained nightdress. In justioe to Sergt. Watts,
who found it, I never saw him to my knowledge. He
belonged tea different police-force. I do not think I saw
him stall—The Chairman: I think it right to say it
never came to the knowledge of the magistrates until
November.

Miss Catherine Ann Green, whose quaint attire
created some curiosity in Court, said : I live at St.
Mary's Hospital, 2, Queen's-square, Brighton, and am
lady superior of the house.—The witness interrupted
the questions put by the magistrates' clerk by saying:
From the first time Miss Kent came to live in St. Mary's
Home, she and I stood in the position of mother and
daughter, and I wish to ask you, if possible, not to
press me in any question about what she said to me in
the confident* which a daughter speaks to her mother.
—The Chairman : The proper questions in s court of
justice will be put, and no more. Nothing more than
that.—Rxamination continued: Constance Kent came
to me on the 10th of August, 1863. I had not known
her previously to this. She came in the name of
Emilie Kent. She said nothing to me about the Road
murder previously to her making it known that she
wished to give herself up to justice. I spoke to her
about it first; I think it was on Wednesday in Holy
Week. I knew previously that she had spoken of it.
I never said anything to induce her to tell me. I said
I knew about it, and I asked her whether she fully
realised what it involved, and I was sorry for it.—Q.
To what did you refer by "it ?"—A.. I referred to her
wishing to give herself up.—Q. To the Road murder
did you refer 2—A. She did not mention it, and I did
not.—Q. You understood to what it referred?—A.
Yes. The. rest of the conversation was entirely upon
religious subjects, and it did not refer, as far as I can
recollect, in any way to the crime. She said, "I do
fully realise."—Q. I think the magistrates understand
you to say that when you used these words, "I knew
about it, and I asked her whether she fully realised
what it involved, and I was sorry for it," she had said
nothing to you previously I—A. I don't think she said
a word.—Q. You had derived your information from
another source,—A. Yes.

The Chairman: In what way did you make her under.
stand that of which you had not spoken to her on the
subject before ?—A. I think most likely I said to her,
Mr. Wagner has told me about you." I think most
likely those words; and she of course would understand
by those words what was meant.

The Clark: Were those the only words used on that
occasion P—A. I think so. The rest of the conversation
was on religious subjects.—Q. When was the next con-
versation on the subject?—A. The same week I saw
her again, but I cannot remember on what day. That
day, so far as I can recollect, the conversation was on
religious subjects, and without any reference to this.
The next occasion on which I saw her was shortly
afterwards, most likely the beginning of the next week.
Then she spoke more fully about it to me. I had heard
it first of all; but speaking to her on religious subjects,
something in the conversation made her tell me that
she bad carried the child down stairs sleeping; that
she left the house by the drawing-room window, and
that she had used a razor for the purpose. I cannot
recollect whether she said anything else about it at all.
She said nothing else about the actual deed.—Q. Did
she say where she obtained the razor from 4—A. From
her father's dressing-case. She spoke about the night-
dress that was lost. I think she said that she had
taken it out of the basket again. I think she told me
nothing else; I don't recollect that she did.—Q. Cid
she assign any motive I—A. I think she told me it was
no dislike to the child; but it was revenge on her
stepmother. —Q. When did she say this to you ?—A.
The third time I saw her, when she told me the other.—
Q. Is there anything else I—A. I am not quite so sure
about her saying that she had no dislike to the child.—
Q. You are quite sure it was revenge on the step-
mother She might not have used the word
"revenge," but my impression is that she did.—Q.
Or words to that effect?—A. She did.—Q. Did she
say anything more about the night-dress T—A. I think
not. —The Chairman: In your examination you referred
to something in a conversation you bed with her. What
was that something I—A. Something that I said to her.
I think I said to hoe "Did the child cry to you for
mercy 1" (Sensation in the Court, and some ladies on
the Bench wept). I think I said something of that
sort. —Q. What else ?—A. She said it was asleep, and
she carried it down stairs asleep. The same as I said
before.—Q. Did she say what she did with the rowel—
A. No, she did not —The Clerk: You say that you
said, "Did the child cry ?" What did she say before
that I—A. I tried to point out to her that the sin would
be aggravated in God's eight.—Q. What sin ?—A. I did
not mention the sin. Do you wish me to mention it
now I—The Clerk: Yes.—Witeess: I never mentioned
the murder to her, for she knew very well what I
meant. There was no occasion to.—The Clerk: We
do not wish to press you unduly; but I want to take
the depositions so that the judge will understand them.
—What does the word "sin" refer to; I have no ante-
cedent to that ?—A. Of course tbe murder.—Q. Will
you tell us the words you used to her about the sin ?
A. As far as I can recollect I said to her, "all sins are
aggravated by circumstances in God's sight ;" and then
I put the question to her. —The Chairman: Have you
now repeated all the conversation that took place
between you and the prisoner relating to that murder?
—A. I think so.—The Clerk: Did the prisoner express
any wish relative to the confession being made public?
—A. I do not think she did to me.—Q. As to giving
herself up?—A. Ido not think she did to me. I think
the first day I spoke to her she said, "It is my wish to
give myself up ;" when I spoke to her about realising it.
The Chairman: Are you quite certain that all the
conversation you had with the prisoner you have now
detailed? Did you ever offer any inducement to her to
tell you I—A. Never.
The witness was then allowed to leave the box, the
prisoner, as usual, having been asked if she desired to
put any question to her, and, as in the other cases,
declined to do so.
The Rev. Arthur Douglas Wagner was the next
witness, and upon his entering the witness-box, he said:
Perhaps before I say anything, the Court will allow me
to read a private statement I have committed to writing,
which I think it essential to make.
The Chairman : I think the Court had better hear
nothing till you have given your evidence. I think,
Mr. Wagner, the depositions you have before given had
better be read over to you, and considered as the com-
mencement of the depositions taken now.
. . .

The Clerk then re;.d the former depositions, and the
rev, gentleman was re-sworn to it, and his examination
being continued, he said : I have known Constance
Emilie Kent about 21 months. All the communication
I ever made with Miss Kent was made within the last
17 months, and under the seal of confession; and I
decline to snake any statement that would criminate
her. I will tell you when she authorised me to com-
municate with Sir George Grey, but I must decline to
answer any question that would involve a breach of the
secrecy of the Confessional (hisses, and other symptoms
of disapprobation).
The Chairman : It is quite necessary, Mr. Wagner,
that you should answer every question put to you in a
court of justice. No questions will be put if they are
not proper; and all that about the confessional is
between you and your God.
Witness: My duty to God forbids me in any way
to divulge anything that has been said in confession.
(Hisses.)
The Chairman: I think we had better go on with the
questions, and then we shall clear the way the better.
Witness: She authorised me to speak to Sir George
Grey about three or four weeks ago on the subject
under investigation—the murder. I have never said
anything to her to induce her to do no. I don't recollect
the words at the time of the conversation referred to,
but she requested me to communicate to Sir George
Grey, her Majesty's Secretary of State, that she was
guilty of the Road murder, and that she was willing to
give herself up to justice, and was willing to do any-
thing he pointed out to her. She spoke to me first.
—Q. What led to her telling you?—A. That is a
question which I cannot answer. IHisses and laughter.)
—Q. What conversation, previously to her telling you,
led to the fact of her telling you? 'What was the ante-
cedent conversation?—A. I sin unable to state any-
thing further than that I have already said. I could
not do so without a breach of the seal of confession.
(Hisses and some confusion.) I don't recollect that she
gave any reason for telling me. I never suggested te
her making any public confession of this sin. It is en-
tirely tier own voluntary act. (Hisses, and other signs
of disapprobation.)
The Chairman : Without any inducement being
offered to her, she spoke to you first on the subject of
giving herself up?—A. She did.
At the conclusion of the evidence of the rev, gentle-
man, the magistrates consulted together, and then
intimated to the witness that he might leave the box,
the prisoner having previously declined to cross-examine
him.

Inspector Frederick Williamson was called and re-
sworn to the evidence which he had before given relative
to his bringing the prisoner to Trowbridge from Bow-
street; after which he intimated to the chairman that
he had gone over the whole of the evidence that he
intended to adduce.
The depositions were then read over, and the
witnesses signed them ; after which the prisoner was
told to stand up. She did so without betraying any
emotion, and the chairman then charged her to the
effect that "on the 4th day of May she was examined
before the magistrates of the Trowbridge division, for
that she, on the 20th or 30th day of June, 1860, at the
parish of Road, in the county of Wilts, did feloniously,
wilfully, and of her malice aforethought, kill and
murder one Francis Saville tent."
The usual caution was read over to her, after which

the Chairman, addressing the prisoner, said: Do ye*
wish to say anything?
The prisoner made no reply, and still kept her eyes
fixed upon the floor.
The Chairmen: You will now stand committed to
take your trial at the next assize holden for the county
of Wilts, on the charge I have read to you.
The prisoner was then removed from the Court, and
FlOOll afterwards conveyed to Devizes gaol. She will be
tried at the ensuing county aseize at Salisbury.
After the Court was cleared—about six o'clock in the
evening—the great object of excitement amongst the
crowd was to see the prisoner conveyed from the
session-house—she, who throughout the whole of the
thrilling proceedings of the day, had sat apparently the
most unmoved occupant of the Court. We understand
that Mr. Kent has been staying in Trowbridge, but he
was not present in the justice•room on Thursday.
The following is a copy of the statement the Rev. Mr.
Wagner desired to make :—" I have the following
statement to make, that for the past 17 or 18 months
all the communication which I have had with Miss
Kent has been of the most strictly confidential kind,
and under the seal of confession. I shall, therefore,
feel it my duty, as a clergyman of the Church, to de.
Mine answering any questions whatever—supposing
such are pot to me--which may have any tendeney to
criminate Miss Kent, or to divulge anything which has
been communicated to me under the seal of seeresy or
confession."