The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1880-08-10 00:00:00

AITIARANOI Or THI PRISONIM

The trial wag fixed for ten this morning, but the
Judge had to stun up in the case of manslaughter
spinet a nurse at Guy's Hospital, and his Lordahip
occupied very nearly two-Ind-a-half hours in his
address, nod at quarter past 12 the Coliners were
pieced in dock. The male prisoner presented a stout,
substantial appearance, apparently little the worse for
his incarceration. Madame Colmar, apparently, had
to be helped tato the dock, and was allowed to be
seated. They both pleaded in firm dear votes. Not
Guilty to the arraignment that they had by the felon-
ious use of unlawful mean', with intent to procure
miscarriage, of their maim aforethought, been guilty
of the wilful murder of Mary Budge, of Crewkerne,
Somerset, on the 19th of March.
Mr. Poland, Mr. Montague Williams, and Mr.
Norris, instructed by Mr. S. Watts, of Yeovil, pram.
cuted for the Crown; and Mr. Clarke, IL P., and Mr.
Sullen, instructed by Mr. Trevor Davies, of Sher-
borne, defended. The Chief Constable of Somerset
(Captain Gould), the Deputy Chief Constable (Mr.
Biegood), the Coroner for East Somerset (Dr. Wy-
beanie), and his Deputy (Mr. Garland, of Yeovil),
were present in the Court, which was crowded to
exam, and the heat was most oppressive.

BURCH 1101 THZ
Mr. Poland addressed the jury, on behalf of the
prosecution, in • speech that lasted within a few
minutes of one hour. He said the prisoners were
charged with the wilful murder of • woman—• lady
he should say, of the name of Mary Badge, and the
offence was alleged to have taken plum at Yeovil, in
the county of &menet. It had, however, been thought
right the case should be tried in London, and acorn&
ingly the indictment found by the Grand Jury in
Somerset had been removed into this court. Appear-
ing,se he did,as the public proaecutor,together with his
learned friends, Mr. Montagu. Williams and Mr Norris,
he thought he should best discharge his duties if he
stated the facts. The case was oer tainly one of very great
importance, for the prisoners were charged with
having, in the course of an endeavour which they had
carried to a successful issue, to (procure abortion)
had encompassed the death of this unfortunate
woman. The two prisoners were man and wife (he
believed) the man had an establishment at Bristol,
where he generally lived, at 771, Old Market-street,
and the description on the shops was "the Anglo-
American eclectic and progressive medicine ware-
house," and on a side door "Dr. Colmer, American
physician, may be consulted on all kinds of diseases,
the." Now the female prisoner lived at Yeovil, and
when called bet ore the coroner at the inquest, she
described herself.. • " Herbalist," and further stated
she had an American diploma " M.D., of Pennsyl-
vania." At this shop in Yeovil, she lived with her
daughters and a servant, who would be a material
witness in the cue. [The learned counsel then put
In plans of the premises which he described at length.)
Having then dealt with the prisoners he wottldnow deal
with the deceased woman. She was the widow of •
'elicitor, who had been dead about two years, and was
living at Crewkerne, • town in the same county as
Yeovil, and distant about nine or ten miles. She was
living there with her daughters, and &leo, he believed,
with her mother; and she had, to help out her existence
—for she was not • woman of touch means—to take in
lo Igen. She had as a lodger • young man about 23
years of age, who was • clerk in • bank at Crewkerne,
and there could be no doubt—in fact, it was impossible
to dispute it, but that • very great intimacy indeed
existed between him and the deceased lady. More-
over, it was alas • fact beyond all question that in
March, on the 16th and 17th, this widow lady was in
an undoubted state of pregnancy, and, of course,
living as she did with her family, and being an un-
married woman, this was a date of things to her of •
very alarming character. She upon this, it appears,
whether with or without consultation with Mr.
Foster, the lodger - - determined to get rid of
her trouble—(the learned counsel used another word)
—and they found undoubtedly that she entered into
communication with Mrs. Colour on Wednesday, the
17th March, and she and Mr. Foster drove in a carriage
to Yeovil, where she had no ostensible business. On
that day she went to Mrs. Colmer's shop, and it would
he proved it could have been far no purpose but consult-
ing her. The probability was manifest that it was for the
purpose of consulting her with reference to the state
she was in. She was there • considerable time, and
the carriage was put up. When she left Foster she
was away at Mrs. (3olmer's br some hours, and, he
believed, the evidence would show that it was intended
on that day that Mr. Colmar should have been pm
sent. He would not go into particulars; but telegrams
passed. Without those telegrams, however, he should
produce evidence which, he thought, would satisfy
them that Mrs. Budge expected to meet Mr. Colour
at his wife's shop, in Yeovil. She did not see Mr.
Colmer on that day, and she was accordingly driven
back to Crewkerne. It could not be said she was
unwell on the occasion of that visit. On the following
day, the 18th, a letter was written by Mrs. Budge to
Colmer that was addressed by Foster himself, and on
the next day, the 19th, they found Mrs. Budge left
her home early in the morning. She was not driven
to Yeovil by Foster, but she left by train, and it
would be proved she went to the shop of Mrs. Colmer.
On that day Mr. Colmer had arrived from Bristol, and
was at the house of • Mr. Crocker, his eon-in-law, also
living at Yeovil, and he should prove that upon Mrs.
Bodge's arrival Mr. Colmer wars sent for and went to
the house of his wife, Mrs. Gamer, whilst Mrs. Budge
was there. This lady, it would be shown, was in the
dining-room, where there was • sofa, and if the evidence
of the servant could be relied upon, and there wail no
reason why it should not be, there c ,uld not be a doubt
that an operation was performed, which ultimately
resulted in the death of the unfortunate lady; because
in the course of the afternoon Mr. Colmar was heard
to call out 'she has fainted, bring a cloth," and Mrs.
Colmer, it would be proved, went with the cloth, and
did not leave the room whilst she was there. In an
adjoining passage was • glass window covered with
paper; but this being open a view could be obtained
Into the room, and Colmer was seen in it. From the
time stated in the morning until the deceased woman
left Mrs. Colmar's, they could trace her nowhere else.
As far as the evidence went she reached that house in
• perfect state of health. When she left the same
evening, somewhere about eight o'clock, she was in •
most deplorable stets. She returned by train from
Yeovil to Crewkenre. She was met at the railway
station there by Foster. The state of her health when
she arrived at her house was apparent to all her
family. One of her daughters slept with her, and she
would tell them she was in greet pain throughout the
night; but she would not allow of 'mistime, being
procured. On the following day it was dear aba was
aPProsollinif death, and, somewhere about five o'clock.
on the 20th of March, Dr. Wm., was called in, but it
was too late for him to du the poor lady any good, for
within an hour of his soling her she was dead. The
nurse and other persons would describe the state in
which she was. The learned Counsel then' related
with consklerable minuteneu the condition of the
deceased woman's clothes, and the result of the poet.
nicrten ordered by the coroner. The latter, he said,
had evidenced beyond doubt that this lady was about
three months gOll4ll in pregnancy, and that a mis-
carriage hod "neatly been Procured by illicit morale,
Cr it would have been impossible for the body, in a
COW of ordinary miscarriage, to have presented the
same appearance.. They must have been caused by
some hard bastrument. The cams was, of course, a
mcet serious one for the consideration of the jury. As
they were aware, any attempt to procure miscarriage
In the earlier stern of Pregnancy was attended with
considerable danger, and it was with • knowledge of
that fact that the Weimar* had considered it Ask
duty to asks it a isks7 of the 1110411111114011111 obeeenter.
By the law of England, llPersons, theogh not Intend
log to mass deeth. WS" owned in en attempt to pro.