The Sun.
London, England, 1808-08-19 00:00:00

TRIAL FOIL WILEUI. INIUI(DEE.
Elhateth Tophaw; the Wife Joseph T,pham, a
private in the regiment.of foot, was charged
with the wilful nilrdef of lonathan Topham, Ver.
son, child about le months old, by administering
to it a .quantity isf aqua fortis.
The most material evideuce can the 4 part of the'
prosecution was Sarah Ingham, who stated, that she
had some acquaintance -with-the prisooer presi us
to her 'marriage, and that in the- latter eml of
March the prisoner, who was much disfigured by
blows she stated to' have received from her finis'
hind, came to her house and requested leave to
stay until she could go to place as a servant at Hud-
dersfield, which .would be in a few days ; to this
the witness consented ; this was, on Wednesday,
the 30th of 'March In the afternoon of the same
day a person brought the Prisoner's child to her
(which the witness described as a healthy and
most beautiful child); the Prisoner's' father with
whoM it had been' left? having sent it after its mo-
thers On the following Friday the child was in,-
disposed, and the Prisoner went to an Apothecary
alcg with the witness for some mediCine. Mr.
Lightfoot gave her some opening powders, one of
which she was to give to her child morning and
night ; in conseqUence of these poWders the child
became better, but still was rather poorly. On the,
following Wednesday (April 6) , about ten o'clock .
in the morning, the child fell asleep, and was taked
by its mother up stairs to bed; when it slept untik
'l2 o'clock, the Prisoner not going up stairs in the
interval, when they were alarmed by a sudden
shriek ; the prisoner instantly ran up stairs, and in.
about five minutes called the . witness, who limns-
F diateiy went to her; the child' lay upon - its mo-
ther's breast, and vomited much ; the Prisoner said
the child bad had aft, and she.svould.take it to
Great Horton' (a distance of six miles) to die, as
her father was so fond-of the child that he would•
not be satisfied if it died elsewhere ; the witness re-
monstrated against this, observing that the weather
was very rainy, and the child would' get cold ; the,
Prisoner, however, immediately left the house, and
that without putting 'on 'any cloak to proteEts her
from the rain. The witness followed her with nice,
which she wrapped round her and the child, and ac
companied. her about a, mile. Witness offered to
carry the child, but the Prisoner said it, would not
be quiet with a stranger. The witness also stated,
that on the preceding Sunday she'found a small
vial containing aqua fortis in the Prisoner's bed ;
Prisoner said it was,a medicine for a disease her huS-
band had communicated to her—that she was to take
it at four times, but witness said site never saw het
take it. The witness also prieduccd a neck hand-7;
kerchief belonging to the Prisoner, which was eaten
full of holes by aqua fortis.
On her •cross-examination, she said' the Prisoner
appeared very fond of her. child, and manifested
much anxiety during its indisposition, and went
three times to the apothecary for medicine for it
in'the course of the same -day. Witness prOceeded
to state, that on the following night (Thursday) the
Prisoner returned about twelveO'clocktoher house,
and requested to stay until morning; she said her
child was dead, and she wished the witness.lo go to
the apothecary with her for a certificate that the
child had been previously ill, as 'the constable voultt
not permit it to be buried without Such a-certiti-
.cate, The witness complied with this request, but
Mr. Lightfoot refused the -certificate ; and, it, an-
swer to a question .as to the nature of the medicine
he had ordered for the child, he said if the i'rison
had given it nothing worse, the child would not haVe
been hurt. The 'Prisoner made no 4-eply to this ob-

servation. •
. Ann Dewhirst, of Great Horton, proved that the
Prisoner came to her , house accompanied by her
sister, on the afternoon of We'dnesday the'fith of
March, the Prisenersaid-her Father refused to atunt
her into his house. The child died about nine
o'clock the same evening. This winless said the -
Prisoner was very fond of her child, fonder than she
should htive been in her circumstances.--Mr. Shari',
SOrgeon, of Bradford stated, that he opened-
child and examined the stomach, and from his exa-
minatiou was enabled to state, that the child died in
consequence of its having received some nitrous acid,
commonly called AqUa Fortis, into its stomach,w•hich
was•entirely -corroded. He said the intr. ns acid
tntist have produced-instant vomiting the moment it
reached the stomach ; .the head and face of the child
was Much burnt by the acid.
• Dr. Mossman confirmedthc testimony of the pre-
ceding Witness ; he also stated, that the Aqua k'ortiq
was a fashionable remedy .for the ye7,-rel di ease.
In answer to 'a question put by the Prisoner's cunt
-
sel, he said-he believed the Prisoner was very
attached to her child,• and he was inclined
opinion, because he had known the mother to be at--
wally starving forfood when\ the child appeared
be well and thriving.
The Judge summed up very favourably for t'he'
Prisoher; and dwelt upon the extreme iinprol'eii-
lity of a mother, who -bad always • eviticd finch
tender affeation tOr her child, wilfully murderial.
it ; and it appeared infinitely-more probable' that
the child had by some accident got hold of the
vial containing the aqua fortis,' and putting -it to its
month, as young children are apt to do, .shoul:1
have poured its contents down its throat 3—ais
postiou • the ..more 'probable, as it was said in eyi-
dence that this vial had• before-been left in bed by--
the Prisoner ; the face and hands of the child Were
also much burnt, which much strengthened the
supposition of the child having occationed its own
death. The Jury should never -presume guilt, and
should never inter it, except - from circumstances
whiCh coaled full and complete conviction to the
mind.' The Jury
,instantly acqpitted the Prisoner.