The British Press; or, Morning Literary Advertiser.
London, England, 1825-01-01 00:00:00

WINTER 110.111! -7RCUIT.

SURREY ASSIZES.
, • KINGSTON. DECESINVG
;rm. Dewhirsf was Indicted for the wilful murder of Caw'ine
Dewhilio. his infant daughter; by striking her head against a
wall, in the parish of St. "Day, Newi.:gton, on the 18th November,
Mr. Raonrincs, wi:h whom was Mr. Tttessroen, stated
the ease for the prosecution. It was conducted at the its ante of
the parish officers, and the Learned Counsel, after giving a sum-
mary of the facts of the cese. rant el the following witnesses:—
hlrs. Adams deemed, that toe prisoner, in November laa, lived
in Bronti-place, Esst-lc re, 'X al worth. Witness lived in the tame
place. Knew the deceased; Caroline Dewhirst. She was, at the
time of her decease, '22 months old. In the evening of' the 1 of
November witness wee fetched by 31rs. Dewhirst to the prisoner's
house. When the prisoner saw his wife he said, st If rou don't-go
out I will serve you the same," and attempted to strike her, anti
also threatened to strike witness. Whilst at the door wimess taw
the prisonergo backward* into the: parlour end fetch the deceased,
and go up stairs with it. It being dark, she could not see whether
the child was bruised or not. Tlic emit ass not crying. Witness
walked up and down Brood. place. After snaking some inquiries
she went home about eight crcbsek• In the course of the same
evening the prisoner's wife tutor to her, shout dusk time. About
twelve o'clock vise came, as;,t with her daughter Elizabeth.
Between twelve and nee she came a third time, and then witness
went with her to Mr. Swift, the surgeon, of Esd-lane. Mr. Swift
then accompanied witness and Mrs: Itewhirst to the prisoner's
house, the door of which was open. They went into the back
room on the first floor. and witness °lowered the. deceased lying In-
a corner in a perfectly :liked State. When witness saw her
before she had her short clothes and a night-cap On. At
this time she was alive, but was bruised from head to foot.
When she got better of the annek which she had experienced, she
got some warm water for the child. She observed spl when
of blood on the floor, and • ert the wall near the fire-place—
There were two watchmen in „the room. The prisoner was then
near the child, with his cost oft'itia indi crossed, looking at the
child. The prisoner said the child had fallen down stairs ; when
he Came in, he picked it up, and when he saw it in that state, he
did the best he could for it. • Witness remained with the
child until near five o'clock in the mornirg, when she was herself
so ill that she was obliged to go borne. The child died at eleven
in the morning.
Cross-exammed—Witness 'aid before the Coroner, that when she
saw the prisoner first, be was without his hat and coat, and that he
looked as if he were crazy, or Wine such words. She also said,
that when 31rs. Dewhirst entered the house, the prisoner attempted
to strike a blow at her breast. She also veld thet when Mrs. D.
asked fur a bonnet, he said No," but that she might come in.
Witness then got the bonnet and shawl of another person to dis-
guise herself, in order to watch him, by Mrs. ll.'s orders. The
prisoner appeared in a disturbed state: was in a rassion. She said
before the Coroner that the prisoner looked rif something parti-
cular was the matter with him. She followed the prisoner as far as
the top of Bronti-place. %Vitneris had one of the prisoner's chil-
dren to nurse.

Susannah Adams, daughter of the last witness, said she went to
Cie prisoner's house about eetht o'clock in the evening of the 18th.
Had seen the deceased well in health the day hefore. Ste saw her
at sight o'clock on the evening of the Ilfth, lying on the Roos in the
back room, with. a pillow under her head,. and a bit of carpet over
her. Witness observed site was awake, lying on het left side..
W'hen the prisouer came at twel4e o'clock, he said he would not
come in till his house was dear. 31rs. D. was then in the back
parlour. NVitness stayed the mirintes. The prisoner went away for
five minutes, returned, and again asked his wife if his how.: was
clear.

Mr. Samuel Poynton, a Lieutenant in the Navy, said he was at
the Mason's Arms, East-lane, Walworth, in the erentme, and be-
tween six and seven the pnsoner came in, anti called for a pint of
porter, and remained about half an hour. The prisoner entered it*
conversation for live minutes or so. Did not Observe any thing pe.
culler in his manner. Pit conversation appeared ritional ;it was
concerning Mr. l'auntlerov.
John:it...Laren, a watchman of Brontl-place, said he went to the
prisoner's house, about half-past eleven, on the night in question,
et the request of Mrs. Dewhirat, who fancied somebody was in the
house. lie stopped near the house. Observed prisoner coming oat
of the house and bade him good night, Lut he gave no answer. l'he
prisoner shortly afterwards returned, and went, into his house.
11, itneas retained to his best, and presently Mrs. D. came for him;
and he went with her to Mrs. Mame. It was then twelve o'clock.
At half-past one, Mrs. LI, and himself went to prisoner's house.
Mrs. D. rang the bell two or'thrce times. Heard the children call
out " father.' They threw up the window, and he thought they were
throwing themselves out of the window from fete. They appeared
frightened. Could not tell whether the priioner was in the house
then. The chidden opened the garden-gate. Witness then went
into the house; they heard the faint moaning of a child. He
then obtained a light from Mrs. Adams's. 3lts. Dewhirst
and the children went with him to Airs. Adams's. Was absent
half an hour in getting the light, and then returned with Tring, a
watchman, and Mrs. D. to the prisoner's house, It was then a
little after two o'clock. Witness went up stairs. Saw the prisonet
lying on the floor in the back room, apparently asleep. Witness
came down, and sent .Mrs. D. up, whilst he remained with Tring,
at the bottom of the stairs. He heard Mrs. D. say to the prisoner,
'• Oh! Dewhirst, you have murdered the child ! As soon es she
said that, she came down, and went away. Witness and Trine
then went up stairs. The prisoner sang out, " Who conies here 1"?
Witness answered, " the watch." Ile went into tie room and
said to the prisoner lie would take him into custody. Ile wondered
at witness's behaviour to hiuh. Witness said, if it as% his nein
brother he would do his duty. Presently Tring pointed cut a child
to witness op the Scot. Tine prisoner said the child had
tumbled down stairs; there was nothing the matter with it:
he had done what he could for it ; he was watching it. Iritness
said, " you hive done for it." The child appearsd black and blue,
and the blood ran front its mouth and nose, 'tying on its bark
naked. A bit of rag lay by the child. The prisoner picked it up,
wiped the child's face, and said, " there is nothing the matter with
that child." 'Witness said, " You, the hither of children, toss.
there is nothing the matter with that child ! Look at its head, and
the blood running from its mouth and note." 'Witness then went
for Mrs. D. but could not find her. In a little time afterwards
Mr. Swift, the surgeon, and Mr. and Mrs. Adams, came. King
had remained in the room. The surgeon gave the prisoner in
charge, as he appeared to be afraid of him. When Mr. Swift
came in, the prisoner asked him what he came there foe t and us,-t1
very warm language towards him. Upon which Mr. liwift gave the
prisoner in charge. The prisoner scented unwilling to leave the
room, and said to witness that he had that which would soon put
hint aside. The prisoner was taken into custody, and some
time afterwards was delivered into the custody of Snow, the night
constable.

Crosa-examined.—When the prisoner said there was nothing the
matter with the child, it wits evident that there was a torrent of
blood running from the child.
Thomas king, the other wa chman, corroborated the last wit-
ness's statement. The prisoner said in the room, that the child had
fallen down stairs. II itness asked him how long? and he said,
" a week ago." Ile said he should not leave the toom ; but wit.
nese told him, if lie did not ge, they would handle hint roughly.
The prisoner, before leaving the room, said, " there's nothing the
matter with the child ; no hither could have done better for it.
Bald Os. a week foe thirteen inonths for it. When Mr. Swift came
in, the prisoner remonstrated with him. After the prisoner was
lucked up, Mr. Swift and witness examined the room, and observed
spots of blood on each aide the fire-place. on the floor, and on the
drawers. Found the things on which the child lay, and a strap.
The strap was lying on the floor.
Mr. Swift, surgeon, deposed, that when he entered the room he
found the prisoner in the middle of the room, bet ween the watch-
men, with no hat or shoes on. Ile was using violent language to
die watchmen. Wham asked him what was the matter ? Ile said
nothing was the matter, and asked witness what business he had
there ? Witness said be had conic to see a child. He said there
was nothing the matter with the child ; it had only fallen down
stairs a few days beck, and requested witness to go away about his
business. ll nuns told him that if he used such language he would
leave the house. Witness then found the child in the cornerof the
room, covered with a rug. Saw marks of violence on the face. Wit-
ness told the prilsoner he must insist upon examining the child. He
said he would be d---d if I should. 'Witness then gave the prisoner
in charge. He said to prisoner, " Your child is nearly dead." He
spoke then in n calm manner, and seemed rather agitated. He
said, " I hope rot ; it can't Ue t!ead. It has only fallen clown
stairs a few days back ; I have always done my duty by it." The
prisoner was then removed. Witness examined the child's body.
There acre marks of violence on the legs, thighs, aeons, and on
the trunk. particularly near the spine. There werebruises on the
head and face. Ordered warm water to put the child in a bath.
When he went clown stairs, he found the prisoner, and asked
him fur a candle, to enable him to light a fire. The prisoner said
to winless, that he might look for a candle himself. Witness said
he might speak a little more civilly. He then arid that he was not
accustomed ',housekeeping, but that lie might ask the person who
was theft outside of door, whom witness conjectured was his wile.
itness went out to Mrs. Dewhiest, but she would not come in.
Witness asked primmer how the bruises cild's happened on the
head and body ? lie said that they was produced by a fall a few
days back. an, that he had always done his duty. He afterwards
appeared in &stupor, and said Ira had done something Mat would 1:
hang him. lie was then sitting in the kitchen, with his head rest.
dug on his hand. He appeared in a calm, sullen state. When up
stairs, he appeared in a violerrt passion. On examining the room
up stairs, he found patches of blood on the wainscotting and the
wall. Neat mneninF heobserred puns hair on the wall, attached to
a patch of blood. The injuries on the body could not hare been
caused by falling down stairs.
Mr. Thorpe, another surgeon, assisted in attending the child.
The ehi'd died at half-past eleven o'clock. On opening the head
afterwards, he found extrayaaation of blood on the brain, and *U-
ncut had no doubt that death was oeejsioned by extolls' violence,
and might have been done by knocking the head upon the wail
or fluor.
Cross-examined—lt was evident that the injuries were recent.
Conk! form no judgment of the state of the prisoner's mind, not
having been previously acquainted with hint. When he first saw
him he pits in a paroxysm of passive'.
3lr. Thorpe, the sergson, corrobi rated Mr. Swift as to the cause
of the child's death.

Sarah Adams nursed the deceased for 15 or 16 months. had ex-
cision to call with the child at the prisoner's house during that
time. Saw the prisoner seldom,. but when she did see him he was
always genteel anti well-behaved. iVitness lived at a distance of
about tee minutes' walk. The prisoner called once to see the child.
Ile was generally engaged in his business, at•.d could not see the

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