The National Register.
London, England, 1821-08-13 00:00:00

ADMINISTERING DREGS TO AN ENCEINTE FEMALE.

CIIELMsFOItn, Arc. 9.—Rubin Collins, a young man
of respectable appearance, and good education, was in•
dieted under the late Lord Ellenhoronglea Act, 43 Geo.
111. c. 58, s. 2, for wilfully and maliciously administering
to Hannah Stammers, single woman, six ounces of certain
medicines and drags, in order, and with intent to procure
premature parturition of a foetus, of which she was preg-
mint by the prisoner. There were four other counts,
varying the description of the drugs administered to the
proseenti ix, successively calling them medicines, dings,
substances, steel pills. and pills.
The words of the statute upon which the indictment
was framed are—" If any person or persons shall wilfully
and maliciously administer to, or cause to be administered
to, or taken by any woman, any medicines, drug, or other
substance or thing whatsoever, or shall use or employ, or
cause or procure to be used or employed, any instrument
or other means whatsoever, with intent thereby to cause
or procure the miscarriage of any woman not being, or
not being proved to he quick with child at the time of
adininisteiing such things or using such means, that then,
and in every such case the person or persona so offending,
their councillois eiders, and abetters, knowing of and
privy to such offence, skull be, and are hereby declared
to be, guilty of felony, and shall be liable to be fined, im-
prisoned, set in and upon the pillory, publicly or privately
whipped, or to sutler one or more of the said punishments,
or to be transported beyond the seas for any term not ex-
ceeding fourteen )ears, at the discretion of the Court
before which such offender shall be tried and convicted."

'Phis case excited very general interest, from its extra-
ordinary and unusual character.
Mr. Brodriek conducted the prosecution, and Messrs.
Watford and Adolphus the defence.
The circumstances opened for the prosecution were
these:—The prisoner was the son of very humble parents
at Witham, in this county, his father being a journeyman
shoemaker in that town. Notwithstanding his humility of
parentage, he had acquired an education far above his
station. He had made some progress in classical attain-
ments, and from his acuteness and promise of talent he
bad seised himself to be clerk, or writer, in the office of
Mr. Mattison, a respectable solicitor in his native town,
where lie had been a diligent and meritorious servant for
seven years, and at the time of this transaction had at-
tained the age of 21. The prosecutrix, a young woman
of extremely modest and correct deportment, tar above
her station iu point of intellect and manners, was a do-
mestic servant in Mr.Pattisou's family. Doling an absence
of Mr. Pattiaon and his family from home in the autumn
of last year, the prisoner and the pi usecutrix were left
exposed to each other's company. The prisoner formed
an attaelunent for her—it was mutual, and he promised
her marriage. No criminality appeared to have taken
place in Mi. Pattisou's house. The prosecutrix left her
mast,' 's house. and went to live shortly afterwards In the
set s ice of Mrs. Watson, in the same town. In the interval
between her quitting Mr. Pattison's and going to her new
place, the prisoner accomplished the ruin of the unhappy
girl at his lather's lodgings. This was in the month of
November. She went to her new place, and about the
month of January she proved with child. She communi-
cated this circumstance to the prisoner, who, in his letters
to her down to the month of February, addressed her in
the warmest terms of affection and tenderness, always
concludiug his epistle by subscribing himself " her affec-
tionate and faithful husband." Shortly after the prisoner
had discovered that the unhappy girl was pregnant, he
sent her a quantity of pennyroyal, accompanied by the
following letter:—
" My dearest Hannah,—Herewith you will receive a
small portion of a most excellent remedy for the tooth
ache, prescribed by the famous Dr. Solomon, in his 'Guide
to Health.' Fo satisfy you that it is the prescription, and
not mine, I will quote Isis words. Ile says—" It is (the
tooth ache) soon 'taned, by clipping a bit of cotton
into the Cordial Balm of Gilead, some of which I hap-
pened to be iii possession of; I hope you will apply it im-
mediately, and find a speedy relief hum that tremendous
pain. As the time for the other matter is last approach-
ing, I advise you by all means to he ',levered with the
tea of pennyroyal, it being a must ehectual remedy to
hinder the course of things. The tooth ache is a sine
symptom of a woman being iu that way. This is the opi-
idun of all the profession. However, it you apply your
remedy in time, there is no danger to tear. Do you think
yon shall be ahie to speed an hone with me next Sunday
evening. 1 twain at Witham throughout the day,
Her oi ding to the erialigenients I have made. I have 100
or three things whirls 1 wish to talk over with you, as
well as skew you. They are nut of an alarming nature,
thereture don't lie fretful of any thing of that sort. It is
quite 1 think, what you will like to see. I will most likely
have the opporttmity of seeing you again before Sunday,
and 111111 you can inform u.e %Slather you think your old
fudge will pet wit you to come Out OH Sunday, or other-
wise, and if Jim have any thing impui met to exples,,
you 1:6111 wtnte to mite, and leave it al Mrs. C011.011'5, 01

p. p. •-• . r • . .

send it by the post, which way you may deem most con.
venient and proper.
" I am, my dearest Hallett, your's very sincerely.
faithfully, and affectionately,
" R. COLLINS."
" P.S.—The Cordial is not of an unpleasant, but rather
of a pleasant taste."
" Addressed Hannah Stammers, William, Essex."
Upon the receipt of this letter, with its accompaniment,
she took the pennyroyal, as prescribed, but it had not
the effect desired. When she saw the prisoner after-
wards, lie told her that lie would bring her something that
would do her good. He then brought her a box of steel
pills, which he desiral her to take every morning fasting.
The box contained 12 pills, which she took; but they
produced another effect than to heat her system violently.
He had seen her frequently at this time, and desired her
to keep on taking the pills. He aliens ards brought her
a gallipot, containing some electuary, but what it was she
did not know, desiring her to take a piece about the size
of a walnut three times every day. The pot was to last her
one day. This nut having the desired effect, he brought
her 3 twigs of some sort of tree, the name of which she did
not know, a ills directions to boil half of them iii two quarts
of water, until it was reduced to one quart, and take it tea
cup full three times every day. This she did for about two
days. Upon this failing lie told her to get some steel filings,
and make them Into pill., and take them three times a day.
This she did; but the same eveniiig, he told her not to take
the fillings in the shape of pills, but in some liquid, and Willie
particles hung about her iii nth, to rince them Mien with tea
or water. He mentioned that is lady is h he knew had
been three months gone with child, and steel filings had done
away the situation she was in. Having taken the steel
Slings for a day, without effect, he then brought her a phial
of medicine, of a pale red colour, of which he desired her to
take two tea 111111111 IS full, ill a cup of warm wale', three timesa
day. She took this medicine once, but it would not stay on
her stomach, aad made her retch viulently. He then ad-
vised her to take It in cold a ater, which she did, hitt it had
the same effect. She was now so ill that she was obliged to
leave her place, and go home to her mother's house at Bores
haul, where she was desired by the prisoner to remain quiet,
and perhaps the medicine would remain on her stomach.—
She look the medici )))) ileitis), when she got home, and her
mother, a decent woman, who gets her living by at-
tending ladies ill childbirth, detected her in the fact,
and npon discovering that site had been seduced, and the ob-
ject of taking such 'medics, she iinmediately snatched the
bottle from her, and in her fright threw it intothe lire, where
its contents burin like spirits. The mother took the earliest
opportunity that her avocations would permit of calling on
the prisoner, at his lodging: in Witham, and in an inlelview
will him site said, " Good God 1 how Caine you to give
Hannah that stun* a hie h she brought home in a bottle?"—
He said " Mrs. St/limners, I will state the truth. When I
first stated to Hannah that 1 could not make her my wife,
she hung about me ; she said she would rather die than live;
she was sure that she dare not come to Boreleam ; her friends
would take no notice of her. " Good Good," said the
mother, " what could you think in giving her that stuff? 1
verily believe, had she taken the nova. • part that tans in
that bottle, she would have been a ce.rpse. The prisoner
answered," 1 know that." The mother then said, " Put
she has not taken it." The prisoner replied, "1 am glad of
it." The unhappy parent then said," Whit answer am Ito
take to Horeham ? The prisoner replied, "At this moment
I cannot give you an answer that you will be satisfied with,"
and bid her good afternoon, For four months the prosecti-
trix remained in anxious expectati )))) that the prisoner would
fulfil his engagement to marry her. Her pregnancy was edvancs
ing, and although her constitution had Overcome the attempts
made to destroy it, her health was in a precarious state.—
Repeated applications were made to the prisoner to marry
her, but he as often declined, upon the plea of inability, and
that he was afraid of losing his situation without a character.
At length the unhappy girl came to csfurd, and placed
the prisoner's letter in the hands of Mr. Archer, clerk to the
magistrates of the district, and asked his advice bow she
ought to proceed. Mr. Archer inneediat. ly wrote a rely
sensible letter to the prisoner. advising him to make her the
only compensation he could, namely, by making her his wife,
and at the same tinie aaruine ilim that the helpless and dis-
tiessed Ilaimah was not without friend, who would see her
righted, if lie persi-ted hi injustice. The letter was answered
in a manner which gave offence to Mr. Atelier, mid a further
correspoteleuce ensued, a hich elided in lasing the caw
before Sir John Tyrrell, Hatt. and the rest of the Bench id'
magistratesoiho immediately recommended that the prisoner
hould be prosecuted, and bound over the poor girl to appear
at the Assizes for that purpose. She now appeared to give
evidence reluctantly against her faithless seducer, and told
her story in un artless and prepossessing manner. Her evi-
dence was corroborated by her mother, and by a fellow ser-
vant, named Moss, who had put clothed the steel filings for
her, in consequence of the suggestion of the prisoner.
The prisoner, in his demeanour, seemed little affected
by his situation. To the very last, an oeput Minty was
aforded him of making his peace, by mart pate the git I,
but he refused, alleging matters were gone toa f r. He
had been admitted to bail. Repeated overtures had been
made to lam to marry the girl since ills commitment ; but
lie declined for the reason stated.
In his defence he insisted that the girl had seduced him,
and that at her earnest request he had procured and adiiii•
iiktered to her the drugs in question, in consequence of
her having become pregnant.
Several iespectable tuliabitants of Witham, and amongst
others Mr. Pattison, his master, gave him an extremely
good character for morality and general correctness of
deportment.
Mr. Mackay, jinn. a young man about the prisoner's
age, now a surgeon at Bury St. Edmund's, and then an
assistant to a sill genii at Witham, gave it as his opinion,
that pennyroyal or steel filings administered in any quan-
tity could not produce a miscarriage. A large dose of
steel filings might produce death, but not 11l iscarriage.
Cross-esainined.—The prisoner was intimate with him.
Ile had Heim purchased any medicines of him, but he
had guru the poisoner what he wanted. The prisoner
asked him a hat medicine would be good to produce men-
that lie had had au intercourse with a young
set vain gill, as ill! VIA& ill the family way ; and witness re-
commended pennyroyal. Witness never gave the ',livelier
any thieg that could piodttce miscarriage.
Dr. Pritchard, a physician of Chelmsford, was also of
opinion that neither pennyroyal nor steel filings could
produce miscarriage, if taken in any quantity. Death
might be produced by steel filings, if a sufficient quantity
could he taken into the stomach, but before that quantity
could lie taken, the stomach would nauseate and "eject it.
ill r. Baron Wood nth! the Jury, in h uint of law, that if
they were satisfied the prisoner lied atlimuisteied the

u._!'' ~.

THE NATIONAL REGISTER

drugs with intent to procure miscarriage, though they
were incapable of producing that effect, and though the
young woman had willingly consented to take them, the
ease was within the statute, and they were bound to find
the prisoner guilty.
The Jury immediately found the prisoner guilty.
The Learned Judge expressed himself perfectly satis-
fied with the verdict, and ' adverted in strong terms
upon the enormity and cruelty of the prisoners crime.—
Public example required the severest vidtation of punish-
ment that the law authorized, in order to warn others
against committing a similar crime, which unhappily was
but too prevalent. The sentence of the court therefore
was, that the prisoner should be transported for the term
of 14 years.
OXFORD.
SWADLING V. TARPLEY. _

This cause excited a very considerable degree of inte-
rest. It was an action for defamation, brought by the
plaintiff against the defendant, a clergyman, at Floore,
near Daventry, Not thaingtonshire, and nett known in the
University and city of era ford, having formerly been a
tutor of Christ Church College, and proctor of the Uni.
versity in 1813. The plaintiff had lived five yews in the
service of a Mr. Gunner, a respectable tradesman of the
city of Oxford, where she conducted herself' to the entire
satisfaction of Mr. and Mrs. Gamier. The plaintiff went
from Mrs. Gunner's to the defendant's, where she re-
mained three year's and a half, as nursery-maid ; during
three years of which lime the defendant and his wife fre-
quently called upon Mr. Gunner when they visited Ox-
ford, and spoke an the highest terms of the plaintiff, and
thanked Mr. Gunner for having recommended so valuable
a servant. About flute months after the plaintiff had
quitted the defendant's arms ice (pursuant to warning given
by her to the defendant's wife), time plaintiff was hired by
a Mrs. Turner, the wife of William Turner, Esq. as a
cook, and the day was appointed for the plaintiff to go
to Mrs. 'lurnet's. Upon Mrs. Turner applying to the
defendant for the plaintiff's character, the defendant
wrote the following letter:—
" MRS. TURNER, SDIPTON.ON-CHORWELL, NEAR WOOD-

STOCK, oIFOleosIliKE.
ie Madam,—Mrs. Tarpley being unwell, has requested
me to answer your letter 01 the 23d, received this morn-
ing. Susan Swadling lived with us as nurse maid for more
than three years, and we have reason to believe was fur
some time attentive to her duty; but now she is neither
honest, sober, nor steady, and would have been turned
away if she had not given warning. Under the semblance
of modesty and good conduct, she is, iu fact, a most vi-
cious and profligate woman. It is impooNible. Mr me to
describe the gross insolence she is capable of, and has fre-
quently 'hewn to Mrs. l'arpley. We have undoubted
proof of her going to the man servant's bed-noun niost
nights, for mouths before she left. No servant would or
could live with her, and numbers left us on her account
as a proof of this, we have two returning to us at Ali-
chaelmas, whom she drove out. lam glad of an opportu-
nity of exposing her character. for a wore vile wretch dues
not exist. I know her to be a base liar, a great thief, an
assokat Musty, and to have lost her clicacter. The Wan-
servant's name is David Sealy, and you may have many
OppOrtUtlilies of inquiting about them in Oxford. 1 wish
you to read this letter to her, should you see her again,
but I warn you ou nu account to take her Into your ser-
vice. " Your humble servant.

" K. M. it. 'IAIIPLLY."
" Moore, Daventry, Sept. 26,1820.
In consequence of this letter, Mrs. Turner refused to
take the plaintiff into her service; and for the injuly the
plaintiff had sustained by the defendant's having w oaten
this letter, the present action was brought. Some of the
most respectable witnesses appeared mi the part of the
plaintiff, and spoke in the highest toms of her charac-
ter. _ _

Mr. Cross addressed the Jury on the part of Ike de-
fendant, after which several witnesses were called to
prove the charges contained in this letter were tine.
I‘lr. Jervis made a must eloquent reply ; and the Jury,
alter hearing the Judge's chat ge, and considering their
verdict shout ten minutes, returned a verdict tor the
planititE—Ddlildges 501.
BUCK INGIIA MSIII E.

THE KING V. Tli OMAS IFYISTIVOOD,LEsQ. A BURitSS OF

CHIPPING•WYCOMU.

At these assizes tile ahuve, one in the most important
and Interesting causes which has tor a long period come
uelore this Court, was tried before Al r. JOStiCe Richard-
son and a special jury. The cause took up nearly set ell
hours. 'the sulued to be decided was the title of the
defendant to be a burgess of Untying Wycomb, and to
try which an information in the nature of a Tao warranto
was filed against the deteaulant, at tile instance of James
Kingston, a burgess, and Joseph Bates, au inhabitant of
the borough, to show by what right lie exercised that
(Alice. Toe prosecutor contended that die right of dec-
imal of burgesses was in the barges,' s at large, by virtue
of the charters granted to that borough. 'lnc defendant,
who had been chosen by the Mayor and Common
Council only, set up four Se%erdi pleas Ili support of hits
title; the one founding his right upon an immemorial
custom in the borough, of electing burgesses by the
Mayor and Common Couticil ; and the three other
pleas, substantially the me, supported his title upon
presumed by-law made by tue corporation at large, dele-
gating the right of making burgesses to the May,r and
Cot ttttt on Council. To these pleas issue was taken by
the prosecutor. The illegality of the defendant's ode, as
founded upon the first plea, was contended at much
length and with great ability by Mr. Dover; and a great
mass of documentary es idence was praduc, d, for the pur-
pose of proving that the borough hail out been immemo-
rially ineorporaed under the name which they now bear,
of mayor, burgesses, and bailiffs. %Volt regard to the
three other pleas, founding the right of election in the
select body as arising from a presumed by-law, several
cases were cited. Mr. Sergeant Blossett, with equal
abtl ty, supported the defendant's title on all the picas,
and produced a variety of old corporation books, comineo-
clog as early as the year Mb, disclosing no conclusive
evidence against, btu ttttt ch evidence iu favour of an un-
interrupted usage in the Mayor. and C Council to
elect burgesses in exclusion of the burgesses at large. The
charter of King Philip and Queen Mary was produced
as evidence lor the immemorial iticorrsation of Mr
borough as mayor, bailiffs, and burgesses. The learned
counsel then proceeded to argue on the other pleas, in
support of wlneli he cited -1 Coke, cases or corporations,

.-Tama at*,
rw

253

40th Elizabeth, Rex v. Spencer, 3 Burr. 2827, Rex v.
Head, 4 Burr. 2515.
Mr. Justice Richardson summed up with great per-
spicuity, and left it to the jury, 39 a matter of fact, to de-
cide whether custom had from time immemorial for the

Mayor and Comnton•Council to elect busgesses. If
that fact was nut .found, his Lordship stated that then
the defendant's title rested upon the presumed by-law,
which his Lordship was of opinion might be presumed ;
but stating that whether such by-law existed was a mat-
ter of fact; out of which two questions of law arose—
the one, whether a right of legislation was vested in the
select body of the charter ; and the other, if nothing was
said in the charter about by-laws, whether the body at
at large could make such a by-law as pleaded by the de-
fendant, which his Lordship was inclined also to think
they could. The learned Judge then concluded by di-
recting the jury to say, whether an immemorial custom
had existed in the borough of Chipping Wycomb for
the Mayor and Common Council to elect burgesses; or
whether there must not have been a by-law, made by the
body at large, delegating the power of electing burgesses
to the select body.
The jury, alms taking some time to consider, found a
verdict for the defendant on all the points.

OPENING OP THZ EAU BRINK CUT.—Tuesday week
having been appointed for formally opening the New
River, a very handsome steam barge (the Swifisure, of
London), of 120 tons burthen, arrived at Lynn she pre-
ceding Sunday, with several of the EIU Brink Drainage •
Commisatmeis on board, for the purpose of going up the
Cut; she was neatly decorated with colours, and pro-
vided with an excellent hand of music. So early in the
morning of Tuesday as five o'clock, persons began to •
flock towards the Cut, and from that until after eight
is'clock, the numbers rapidly increased. On the entrance •10
of the steam vessel into the Cut, the bind struck up
" God save the King." She passed through the Bridge
in the most beautiful style, and three cheers from the
populace proclaimed thegratificatiou they felt in whom- •
tog so pleasing a spectacle. At four o'clock a party of •
240 gentlemen, having been invited by the Eau Brink
Committee of Management, sat down to a most sump.
tuous dinner at the Town Hall, the use of which had
been grained to them for that purpose by the Mayor awl
Corporation. The excellent arrangement of the dinner,
and profusion of the viands and wine, reflect infinite .
credit on Mr. Filby, the landlord of the Crown Inn, by
whoa; they hail been provided. Lord Wm. 13entinek
presided on the occasion.—On Wednesday morning the
SieJlll barge was allotted for the use of the ladies, who •
went up the Cut irsher, and afterwards took am excursion •
down the Roads. At one o'clock the bankers and work.
men (400 in number), who had been employed on the
Cut, had a good dinner provided for therm near the
Bridge, by Mr. Banker the Contractor.

DREADFUL DEATH.-011 Thursday nights coroner's -
inquest war lied at the sign of the liuke of York, St. .
John-street, New-road, before Thomas Stirling, Esq.
coroner, on the body of Mrs. Eleanor Alexandre, aged
44, an officer's widow, whose death was attended by the •
hallowing circumstances :—lt appeared from the evidence -
of Ann batimbe, servant to the deceased, that on Tues-
day night last she was with her mistress m the kitchen
when she was in perfect health. After conversing to-
gether for some time, witness supplied the deceased with •
a candle
.to go to bed, and site left her playing with a
kitten on the table. Witness went to bed, but about
two o'clock in the morning she was alarmed by a knock.
tug at the street door and a cry of fire; site smelt fire.
anti immediately gut ont of bed anti knocked at the de-
evasetl . bed-room door; she heard the deceased panting
for breath, and she admitted the person's who gave the
alarm into the house, oil which they broke open the
door of the room in winch the deceased slept. On
entering the apartment the place was all on fire, and the
bed anti window curtains, together with the bed and
mattress, with every other article in the room, were
horned to a cinder. The deceased was found lying in
iii the bed in a most horrid condition, some parts of her
bogy hciitg nearly burnt to a cinder, but not quite dead.
perNotis witu entered pot out the remaining
fire, and on taking the deceased (tom the bed, her thumb,
which was literally burnt to a cinder, fell of near thy
door. She lived till the morning after, when she died
in great 114111. She was not able m speak f the time
site was found until tier death. It appeased that the de. -
ceased was in the habit of burning a night-light, and on
going to bed she laid it opposile the wholow, which was
open, and was close to the curtains, and it is supposed
wind either blew a spark from it, or that the dame of
the candle communicated to the curtains, which soon
set fire to the place during the time she was asleep. Toe
deceased was possessed of some property, and resided m
the house where she met with her death for many years. •
The Jury returned a verdict of " Accidental D:ath."

DEArk BY BURNING.—On Wednesday an eldeey
lady residing in Cumberland-street, New-road, whilst
sitting in her apartment, reading by the fire, a spark clew
out on her clothes, and before she discovered it, her
clothes fainted into a blaze, and in a moniziit she was
enveloped to flames. Iler screams alarmed the whole
neighbour' ,od, hut belore assistance Caine, she was
burned in a most dreadful manner, sonic parts of her
body to a cinder, and she exhibited a horrid spectacle.—
Site expired shortly alter, in the most excruciating pain.
A petition to Parliament is in progress, from the
persons habitually serving as Jurors in the City of
London, praying revision of the Criminal Code,
with a view to mitigate the severity thereof. We
hope that this example will be followed by the per-
sons serving as Jurors throughout the several Ci
cuits in England and Ireland.
The Primitive Methodists, otherwise called
Ranters, lately held a camp meeting ors Cockfield
Hill, near Durham. Two females, two itineran
preachers, spoke to the people as<.•mbled, whom, it
is supposed, amounted to nearly :),000.