The Sun.
London, England, 1855-04-12 00:00:00

WESTMINSTER SESSIOA'S.--Ipril 11.

taken.

(Before Mr. Sergeant Adams, AssistaL Judge.)
THE CASE OF MRS. RAMSBO'HAM.
[A. portion of the following appeared i our first edi-
tion of yesterday.]
Mary Rainsbothant surrendered to he bail, on an
indictment charging her in the first countwith stealing
a pair of lace sleeves on the 15th March lst,.and in the
second with stealing four cambric handkrchiefs on the
27th March, the property of John Jame Moule. She
pleaded "Not Guilty."
The circumstances of this painful cae having been
already brought prominently under le notice of the
public the most intense interest wa manifested on
the trial, and the court was crowded tbtughout the pro-

ceedings.
Mr. Bodkin appeared for the proscution, and Mr.
Ballantine and Mr. Parry were instructed on behalf of
the prisoner.
The case did not come on until abou'half-pat one, at
which. hour Mrs. Ramshotham was conducted into
Court, on the arm of her solicitor, M, Lewis, and was
placed in the dock. After her 'arrag,ntnent she was
accommodated with a Seat. She remahed seated during
the trial, and seemed somewhat feiu and to feel her
po'ition most deeply.
Mr. B Akin, in opening the case to he jury, which he
did in a most feeling and impressive nanner, and amidst
the most profound silence, said—Th prosecutor, who
for the last 15 or 20 years had carries on business as a
draper in Baker-street, Portman-square, had had im-
posed upon him the painful but inventive duty of bring-
ing forward the present charge agains the prisoner. The
lady in the dock was the wife of a physician of high
character and eminence residing in Portman-square; and
it was impossible to bear the fact in mod without feeling
the deepest sympathy with herself, the highly re-
spectable persons with whom she was connected,
as well as her own family. At the same time, how-
ever, a stern duty devolved upon aim (the learned
counsel) and upon the jury, from which they must not
swerve, under the circumstances, which would be proved
hpfore them in evidence. Having called the attention
of the jury to the fact of there being two distinct counts
in the indictment, the reason of which he should after-
wards explain to them, 'the learned oonnssl went on to
give a plain and simple outline of the facts, which he
should support by the teAnnony of the witnesses whom
he proposed to call. The learned counsel then proceeded
to call

Mr. Alfred Chere'nouse, who deposed as fellows :-1
am in the employment of the prosecutor ;n this case.
I know the prisoner. I remember her coming to our
shop on the 15th March, in the afternoon. She asked
to look at some muslin, which I showed her, and she
selected some remnants as well as a sills handkerchief.
The goods came t) 43. 9d. I had occasion while serv-
ing her to turn try back, which was towards her for a
minute and On turning round again, I saw the
prisoner in the act of concealing a pair of mushn
sleeVes under aer shawl. I believe the sleeves
produced to be the same. The edges of the sleeves
appeared underneath her shawl. I went tc
Mr. John Moule, the prosecutor's son, and stated to
him what I had seen. He came out to where the pri-
soner was, and I whispered to him that she was the per.
son I meant. No part of the sleeves was then percep-
tible. Mr. Motile did not speak to her about it, and inti-
mated to me that perhaps I might have been mistaken.
She was nccordiagly permitted to leave the shop.
said nothing about this transaction to the prosecutor
until the affair ef the handkerchiefs. She came again
and made some purchases in the shop before the 24th
March. I was in the shop when the handkerchiefs were
missed, but die' not see anything of the matter.
Cross-eratniaed—The prisoner was known in the
shop, but I wts unacquainted with her. It was under-
stood that she was the wife of a medical gentleman in
Portman-square.
Mr. John Harvey Moule was next called. He said
—I an, the scn of the prosecutor. I remember the 15th
March last. My father was from home; and in consequence
of a communication made to me by the last witness:el Went
to that part of the shop where the prisoner was sitting.
I noticed that she had her left arm closely prs3ssed against
her side. I d.d not see that she had anything under it.
Accordingly, believing that our shopman hal been testis
taken, I desired that no notice might be taken of what
he had said. There were some sleeves of the kind pro-
duced on the counter when the prisoner was in. After
she had left, I counted them and missed one pair. They
were of the same pattern as the pair before me.
Mr. Jainse Watkins, assistant in the shop of the pro-
secutor, said—l have seen the prisoner several times
but I did not know her on the day I served her. On the
27th March -beet she came into the shop and asked for
some lining. She selected one piece, and had six yards
cut off IL It came to 2s. 33. I asked her whether she
required anything else, and she replied that she did not.
When I asked her that, the lining was on a recess at the
lorikaVdlteigchcasnfti her hinwsi7egiAff. '1."441e1;" c't47e
cambric, and of a thin texture, at 15s. the half-dozen.
She said she did not want any, and if she did they were
not the soft she should choose. Some other handker-
chiefs of a different quality were afterwards handed to
me from the other side of the shop, and I showed Lei
some of them. She said those were the description she
shonl&purchase, but she did not want any just then. I
produce four of those handkerchiefs, which are all in one
piece. She took hold of the handkerchiefs of
which she approved and examined them. She asked
me to be kind enough to show her a dress of
a particular kind. She said she merely wanted
to look at it, but it was -not her intention to purchase.
I had to go to the other end of the shop to fetch it, and
she examined it. I afterwards made her out a bill for
the lining, which came to 2s. 3d., which she paid, and de-
siring that the article might be sent to No. 7, Portman-
spare, she quitted the shop. I can swear to the hand-
kerchiefs produced.
Cross-examined—The prisoner did not ask for the
handkerchiefs to be shown to her. I " intreduced" them
to her, with the idea that she might perhaps take a fancy
to some of them. I did not know that she was the lad}
who I had heard had taken some sleeves. I did not
know her. I believe it was Mr. John Moule who passed
me the handkerchiefs across the shop. I cannot say
whether he heard my conversation with the prisoner.
Mr. John Moule was here re-called, and stated
that he overheard the whole of the conTerAtian between
the last witness and the Prisoner ; but he did not know
who she was until afterwards. When he handed the
handkerchiefs across the shop he did not recognise her.
He had no other object in bantling the articles to the last
witness beyond the probability of effecting a sale. I saw
the prisoner put the handkerchiefs in her pocket.
Cross-examined---I did not know that the witness
Welsh was watching the prisoner. I was about a yard
and a halt from her when I saw her pocket the handker-
chiefs. I said nothing to bee, because some one had
gone to call my father. I dil not take:any notice, be-
cause I wished to see if anything further would occur.
The prisoner was standing at the counter, and I was in
the middle of the shop.
Samuel Welsh said —I am in the employ of the prose-
cutor. 1 remember the prisoner coming to the shop on
the 27th March. She went to the counter which we
call the "linen counter," and which is on the left band
side as you enter. I saw her come in, and knew her. I
had bad a communication from Churchouse as to what
took place on a previous occasion. I was standing be-
tween 10 and 12 yards from the prisoner, and could
command a view of her actions. There was no other
customer in the shop at the time. I saw the prisoner put
her hand forward and take the"- handkerchiefs. They
were lying in the basket before her, and she took them
and put them in her pocket.. I immediately went and
informed Mr. Moule, sear. Ile did not come out. The
prisoner soon afterwards left the shop. In consequence
of some directions I received from Mr. Moule
I followed her and -saw her go into a stationer's
shop. I waited till she. came out, when I said
to her " I believe yoU were at Mr. Moule's
shop this morning." She replied, " I have not ;"
but she immediately said "(a ! yes, I have." I then
asked her if she would be kind enough to step back, as
Mr. Moule wished to speak with her ; which she did
without hesitation. It is solo little distance from the
stationer's shop to our shop. I said nothing further to
her ; but addressing me, she "I have got the
handkerchiefs in my pocleet." I did net make
any reply, on which she said, •" I did not intend
to steal them," and aided, "I took them
to show some person (witness believed she said her sister),
and if they had been approved of I should have called
and paid for them, and if not I should have beopght
them back." Immediately on this statement, I said
"I do not think that is probable, for I helieee you took
some sleeves a fortnight ago,' to which she made some
reply which I could not understand. We both then
arrived at Mr. Moule's • shop. I showed her up
stairs, and Mr. Moule- followed. She immediately
took the handkerchiefs out of her pocket, and laid them
on the table. She said—" These are the handkerchiefg,
but I hope !you will look over it, Mr. Moule." Mr.
Moule observed that it was a very serious matter, and
he s..3:tre,-ly knew lyre to (leel It ree e lee,
" You have been in the habit of frequently coming to
the shop, and we really do not know what you have
taken." She said that was the first thing she had

Mr. Moule then remarked that he be-

lieved she took some sleeves a short time ago,

to which she mid, " Yes, handkerchiefs and
the sleeves are the. only things I have ever taken ;

I hope you will forgive me." She then said she
hoped Mr. Moule would consider her family, and the
disgrace it would bring on Dr. Ramsb3tham. She also
asked that her husband might be sent for if Mr. Moule

would not forgive her.
Cross-examined—l do not recollect Mr. Moule saying
the only thing he could do was to send for an officer. I
was not watching the prisoner particularly when I aw

her take the handkerchiefs. We notice the movements
of all our customers when they are left at the counter
unattended to. When I first saw her, I said to Mr.
Moule, jun., "Here is Mrs. Ramsbotham coming in."
Re-examined—l knew she had been suspected of steal-
ing some sleeves, but nevertheless I did not watch her
more closely than I should have done in the case of any
other person.
Police constable Beckett, 231 D, said—l was called
into the prosecutor's house on the 27th March, acid the
prisoner was given into my custody on the charge of
stealing the handkerchiefs produced. I beard her ask
Mr. Moule to forgive her, but Mr. Motile said he had no
other alternative. She asked him a second time, but he
said he could not look over it. She then turned away
and said, "You may do as you like," in a very indig-
Inant manner. I put her in a cab, and we called
on Dr. Ramsbotham as we went towards the station.

Mr. H. Bonser, clerk to Me:lsm Ashurst, the solici
tors for the prosecution, was the last witness called, but
he was not examined.

This closed the case on behalf of the prosecution.
Mr. Ballantine then proceeded, very plthetically, to
address the jury fur the defence. He said no doubt the
jury, long before they came into that box, were well
acquainted with the details of that painful case. Now,

he was not one of those who would put forward the po-
sition of the prisoner as a ground why the jury should
in the slightest degree swerve from the strict letter of
their duty ; but, nevertheless, he could not but a3k
them to bear in mind also, that if an adverse verdict
were given against his client, her hopes would be
crushed, and her peace of mind be destroyed for the
remainder of her life by the knowledge • that
she had been the means of bringing so much affliction
and degradation on a family to whom she had always
hitherto been endeared as a faithful wife and an !Inc-

onafm parent—whih-,t the future prospect.; of her huE-

band, who wag a gentleman, not by the mere accident
of -birth or fortune, but who they all knew to be a gen-
tlemen of indefatiga'Ae industry and eminent talent, as

well as those of their chldren, would be irretrievably
blighted were the lady to be branded as a convicted felon
The learned counsel then proceeded to the considera-
tion of the circumstances as proved on behalf of the pro-
secution. Ho complained that whatever might have
been the motives which had actuated the presecutioo,
the prisoner hal scarcely been fairly dealt with in that
matter. He alo complained that the handkerchiefs
,ebich were alleged to have been feloniously taken by the
prisoner were a,ctually forced upon her notic 3 —even when
it was well under'tood amongst the assiAants in the
shop that she had been suspected on a preceding occh-
sion ; and this being so, she, impelled by feelings over
which she could have no control, and to which
he would more fully advert presently, fell into the trap,
and took possession of them. Having maintained that
the duty of Mr. Moule, when he was spoken to
in reference to the first theft, was at least
to have represented the matter to Dr. Ramsbo•
thaw with a view to some proper restraint being placed
upon the actions of the prisoner, the learned counsel
' went on to ridicule the idea that a person of the affluent
circumstances in which the prisoner was beyond doubt
situated, went to the prosecutor's shop for the mere
purpose' of pilfering whatever she could get hold of. He
dwelt at some length upon the means which were
adopted to tempt, as it were, the unhappy lady
—unhappy in the worst possible sense—and suffer-
ing, as he should show, from a morbid and dis-
eased state of mind to the commission of the crime
charged upon her. Coming next to the question of in-
tent, he put it to the jury whether they could believe
the prisoner had taken the articles as alleged, " with
a felonious intent," or whether it would not ap-
pear to them more probable that she was
impelled by a delusion of that involuntary,
indescribable kind, which, although it scarcely
amounted to actual mania, had yet its origin in a dis-
eased mental condition. If so, the act, being motiveless
and purpoeelees, was but afeeling, but a simple taking. Hav-
ing at some length enlarged on this presumption—in sup-
port of which he adduced an acknowledged fact in medi-
cal experience, showing that women, at some periods in
their lives, were affecfed by a species of insanity', which
rendered them irresponsible for their actions, and
which not only betrayed them into the gratification by
unlawful means of their cupidity, but not unfrequently
led them to the commission of deeds of a much
more seriut time tila
sus observations on this point as explanatory of
the prisoner's otherwise unaccountable conduct. He
concluded an energetic address by referring to the large
number of witnesses to the prisoner's character whom
he was prepared to bring forward.
The following witnesses were then called by Mr.
Parry as to the character of the prisoner :
Mr. S. Thompson, grocer, who had known the pri-
soner since 1.823. No one who carne to thei r shop was
more respected, or was more scrupulous and regular in
her account.
Mr. J. Quartermain, upholsterer ; Mr. A. F. Wace,
butcher ; Mr. W. Nicholson, silversmith ; Mr. L.
Groves, butcher ; and Mr. T. Boot, grocer and wine
merchant, all of which were tradesmen with whom the
prisoner was in the habit of dealing, also spoke highly of
ner in all respects:
Dr. John Russell, the rector of Bishopsgate, said he
had known her for a number of years, and no one of his
parishioners had been more exemplary in all her relations
in life. •
Dr. Tweedie, and the Rev. H. Brown, rector of Wool
with, and Mr. Lewis, her solicitor, also gave the lady
the highest character.
Several ladies having also spoken to the unexception•
able reputation of the prisoner,
The learned Judge proceeded to sum up the evidence,
confining himself chiefly to directing them on the ques
tion of the prisoner's intent, and lea it to them
to say, in the exercise of their common sense, as
men of the world, and under the obligation of their oath,
whether or not they conscientiously believed that the
prisoner was impelled by such motives as had been al-
luded to by the learned counsel.
The jury, after a few minutes' consultation, expressed
a wish to retire.
After being absent for an hour and a-half, and it being
six o'clock, the learned judge sent for the jury and in-
quired whether there was any probability of their soon
agreeing to a verdict.
The Foreman said be was afraid not.
The learned Sergeant thereupon said he would ad-
journ the court until half-past seven o'clock, which would
afford them an opportunity of coming to some conclu-
sion, and if they were not then agreed lie would see
what else could be done.
The jury again retired, in order to consider whether
they were desirous of consulting the Court upon any
point, but after the lapse of a few minutes,
The learned Serjeant adjourned the court nominally
during pleasure, but virtually until the hour above

named.
On the meeting of the Court at the appointed time,
the jury were again sent for, and, on their coming into
court, were asked if they had agreed upon their verdict ?
The Foreman said that they had not, and that there
was no probability of their doing so, as they were equally
divided for a conviction and for an acquittal.
The learned Judge said that they must again retire.
After the lapse of half an hour, a consultation having
taken place between the learned counsel for the prose-
cution and for the prisoner,
Mr. Parry said, as it appeared from the statement of
the foreman of the jury that they were equally divided
in opinion, and might be so to-morrow morning, if they
were locked up all night, that, with the consent of the
counsel for the prosecution, he had to suggest to the
Court that the jury should Le discharged without giving
a verdict, and at the same time he wished to state that
he by no means considered that, from the information
the prosecutor had received from his servants, he had
gone at all beyond his duty in bringing this case forward.
He did not consider he had been actuated by any vin-
dictive motives, or that any stigma could rest upon him.
Mr. Bodkin, on the part of the.prosecutor, acquiesced
in this course, but denied most emphatically that ally
trap had been set for the prisoner by the prosecutor.
The learned Judge rejoiced at the course taken, for,
however painful it might be to him if the jury had re-
turned a verdict of guilty, he should have felt it to be
his duty to sentence her to a term of imprisonment.
This case was only another example of the evil effects of
the present jury system, which made the verdict depend
not on the best-considerfd opinions, but on the men who
could stand starving the longest. He thought, if a jury
did not return a verdict in a reasonable time, tb-t they
should be discharged and another jury taken.
The jury was then called into court. and told that they
were discharged without giving a verdict.
Thi: announcement appeared to them r.. most agree
eurpris ;,4 the -ei.ic-0,4
it it,iit had
The court rose at a few minutes atter eight o'clock.
The proceedings of the trial extended over a period of
three hours.

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT—LIVERPOOL, APRIL 11.
THE HOPWOOD WILL CASE.
In this long-pending ease the jury retired at ha'f past
7 this evening, and at 10 o'clock their verdict was given
for the defendant.
Tile result appeared to give the greatest satisfaction in
court.
Dr. Forbes Winslow, and Sir Alexander Morrison,
M.D., were in court during the whole of this protracted
trial, and were prepared to give evidence as ex parte if
called upon to do so ; but evidence of a purely specula-
tive and scientific character way not thought necessary
on either side.