The Express.
London, England, 1865-07-21 00:00:00

THE ROAD MIJEDER.

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odadail issarklusol Mr. JaMies Keating ski wino.
Ilmr• me 18 ewes Ise Arial. Ms was al Kin

onnetanen Kest Awls the' seventh on the
calendar. She is detaribed the of no occupation, end
well intimated. She waa received into the custody
of Mr. A. Alexackder, keepei the House of Cor-
rection Id Detbes, on the 4th al May beak charged with
the wad whuder al Iniosle Saville Yeah st North Brad-

ley, on the 39th or 39th of June, 18911 The peed jury,
eon.eisting al z. 3 county emagietratee, Lord H. Thyme'

forams, laving been sworn,
The Judge proceeded to deliver his ohargo. After
. .

- - -
maids' some remarks up= severel of the minor charges is
the oaleadar, he prooiseded as follow, :—These is only one
came remaining ea the minder es white it is nmeseary
that I should make ease remarks. It stands No. 7,
sad it ie a rem in wills& a young woman. named
Gonalanoe Emile Keat, is charged with the mur-
der of her brother by the second marriage of her
father, which she is alleged to hare committed so far back
as the night of the 29th of Jess, 1860. Now, I shall ab-
stain from making any muslin ea that case, except those
which I think may be useful to you in soexidering whet it
come before you in your room whether to And or to throw
eat the bill. Ido sot think It would bemuse ma here to
•ter into any gess& remarks cm a are whisk It would be
prudery on my part not to my has mimed a very great deal
of &emission. It would be both uswiee and imprudent
to diecur certain questions which may arise in the
Deem of the trial, bet which do net appear by
the depositions to have arisen before the magi-
bailie in such a farm that I am called at
present to express any opinion upeo. I will, there-
fore, simply inform you that It I a owe in which the boy.
who was murdered unquestiosably by some am, was taken
in the course of the morning out of the room where he was
sleeping, and where the maid or govitness and another
chid were also sleeping, in a blanket, apparently through
She drawing-room window, to a privy, where, it would seem,
his throat was cat, and he was thrust down the bole. The
blanket in which it is likely, and more than likely, that
be wee earned, wee removed foam the bed. Inquiry appears
to have been made by pinions well skilled in the investi-
_

ration of crime, who were sent for, and every effort seems to
have been made to disoover who wee the murderer, but it
seem to have been made in vain. There was one circum-
stance", however, which was of • very remark-
able character, which will be brought tinder your
*teenage in the course of your inquiry into the evidence.
The night-shift of the prisoner now charged with the crime
wee withdrawn from the wash. That aightshifl was
found the day after, or later la the day of, the murder, if
it were committed, as moat likely it was, in the morning,
concealed in the scullery, and when examined there was
blood epos it. There is evidence from which, if you find
a bill, it may be inucluded that that nightehilt was ab-
stracted by the prisoner, and that it wee her night-shift,
and which will be a point of considerable importance in
determining upon her guilt. As I have motioned, the
aquhies which were made at the time were fruit-
less. Public attention was withdrawn from the case,
the family left the neighbourhood, and the pri-
soner appears to have been sent to school abroad.
Is the year 18&l she was received at an establishment
called St. Mary's Hospital, Brighton, which was presided
over by a lady named Miss Green. Miss Green wee
termed the lady superior of the establishment. The evi-
dence of Miss Green was given before the magistrates, and
in the coons of that evidence it would seem that she com-
menced conversing with Constance Emilie Kest as early as
the year 1863 with reference to certain suspicions which
existed in the mind of Miss Green as to the former having
bees the madmen of her brother, and, in answer to
these inquiries, the prisoner appears to have stated,
if Miss Green's evidesee is to be relied upon,
that she did it, not out of spite to the child,
but out of spite to her mother-in-law, thst she took
the child in the blanket out of the bed ; sad also, although
she states this less ooeclusively, that she withdrew from
the wash the eightedress which bad blood upon it. It
would seem that conversations of a similar nature took
place between the prisoner and a Beadsman named Wagner,
who is the incumbent of a church at Brighton. I desire to
use neutral terms, therefore Imy that conversstioas took
place between the primmer and Mr. Wagner, the import of
which does not appeal-on the depositions ; bat what passed
between them resulted in the prisoner's writing down upon
a paper a statement that she committed the murder
in 1860, and expression a wish to give herself up to
justice. Accordingly, communications took plain into which
it is not noisomely at present to enter, and finally the pri-
seem, accompanied by Mr. Wagner, went before a magla
trate of great experience, the chief magistrate of Bow"
street, end handed in • statement not signed by her, but
in her handwriting, in tines terms :—" I, Constance Emil*
Kest, aloes and unaided, on the night of the 29th of Jape
1880, murdered at Road-hill Houle, Wiltshire, one Freed;
Saville Kent. Before the deed acne knew of my intention,
nor afterwards of my guilt. No one assisted me in the
crime, nor in my evasion of discovery." Os
that she was ordered into custody by Sir Thomas
Henry, and sent down to the magistrates in this meaty.
who have taken the remaining depositions, and the emelt
was that she was called upon to say whether she de-
sired to state anything in answer to the evidence, with the
usual caution given in pursuance of the statute ; her answer
was, as you will of course find in the depoeitiooe which will
be forwarded to you for the purpose of seeing the foregoing
statement, and the answer she made before the magistrates,
" I wish to hand in of my own free will a piece of paper
with the following writing on it in my own handwriting,
videlicet" Then she handed in the paper of which I have I
read to you a copy, and she preceedo: —" I do not wish to
add anything to the above statement. —Comer aces Emma '1
Krum" She spells her same Emile, probably from ber
having been educated to some extent abroad, but she signs
her name to the statemsst before the magistrates. Now •
person who is unacquainted with judicial inquiries might
ask why is there so much discussion on the other evidence
when there see two eionfessiolis by the prisoner herself, one
in her own handwriting and the other signed by her.
The answer ix bonnie admissions of this de-
scription ought always to be closely investigated,
and we ought, if possible, for the purpose of arriving at a
satisfactory coeclusioa of the guilt of • prisoner who says
"I am guilty," to take care that each an answer is not
given on any misapprehension, or upon some motive other
than the consciousness of guilt and the desire to make a
confession. The proper way to deal with such adiniseion is
first to see whether it is • mere acknowledgment of guilt, or
whether it is circumstantial as to time, place, and other
things; secondly, in • matter of so much importance to
the prisoner, to see whether the eiscumstancee of the can
established by independent evidence do or do not confirm such
admission. lam bound to say, upon the outline of the can
as prenatal by the depositions, it is one in which, in my
judgment, you ought to act upon these admissions, and you
ought to find • true bill. Whatever questions may remain
to be dealt with is the cam will be more satisfactorily
dealt with hem. I trust the one will be tried in the
ordinary way, before a yetty jury, with the advantage of
the prisoner being represented by couosed,who can,,urge scy-
thing that remains to be said in her favour. I have no
doubt in advising you that it is your duty to tied a tree
bill for the murder with which the prisoner is eharged, in
order that the ease may be fully investigated here.
The grand jury were then dismissed to their duties.
About half-past four o'clock in the afternoon they returned
into court with a true bill &gated Constance Emilie Kent.
Mr. Kerslake inquired when the learned judge intended
to take the ease.
Mr. Justice Willa replied that as there would be a great
deal of other beams, be apprehended that it would be
most convenient to take it on Saturday morning.
Mr. Kerslake said it world be a great convenience to him
personally that the trial should betaken as early as possible,
ea be wished to be away on Saturday &Revision.
Mr. Coleridge informed the court that it did not matter
to him when the case was tried. He was quite ready to go
cis at once.
Mr. Justice Willie—Theo, Mr. Kerslake, we will proceed
with the case the first thing to.mesrow mons*.

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