The Sun.
London, England, 1863-10-28 00:00:00

CENTRAL CRIMINAL COURT--This Day,

477(Fi5.,
(faurt titular.

OLD COURT.
(Before Mr. Baron Martin.)
THE MARYLEEONE MURDER.

Business
done.

Sarah Emily Mitchell, aged 24, was indicted for the
wilful murder of her illegitimate child. There were several
other counts charged in the indictment.
_.

The prisoner was dressed in deep mourning. She was
seated in a chair, and was held up by two female warders.
When she was asked to plead not a word was extracted, and
a plea of not guilty was entered.

Mr. Clark and kr. Beasley prosecuted. The prisoner
was defended by Sergeant Shea.
The learned counsel, in opening the case, said the pri-
soner had been in the service of Mr. F. Chappell, of
Liverpool, who led her astray, and the result was the
birth of a child, which she was charged with having
murdered. This person brought her to London, and Wok
lodgings for her at No. 108, Marylebone-road, where sho
had another which did hot live. At this time she began to
entertain feelings of jeallusy towards Mr. Chappell,
threatening to destroy both herself and her child. As the
question of insanity would be raised, he should feel it his
duty to put into the witness box the medical gentleman
who attended her, and who had examined her in order to
ascertain her mental condition.

Mr. W. Catherow, surgeon, of Weymouth-street, said he
had attended the prisoner on the 3d July, she was then in
a very prostrate condition from excitement caused by
jealousy. He calmed her and left her about half past four
o'clock ; the same afternoon he was again fetched when he
found her lying on the sofa with her throat cut, and the
child was also lying on the bed dead. A razor was found near
the bed. From the appearance and actions of the prisoner
after she had inflicted the wounds, he was of opinion that
she was labouring under some disturbance of the mental
system.

Cross-examined by Sergeant Shee—She was nervous
and excited from the first moment she saw him. Her
second child was not of full growth, it only lived about six
hours. She had much restlessness •nd excitement, and he
had to give her large quantities of laudanum to enable her
to get any rest. She talked to him a great deal about Mr.
Chappell. She was provided with every necessary for her
comfort except during the last three weeks when she re-
fused assistance from Mr. Chappell. She said she would
have Mr. Chappell's affections or no money. Mr. Chap-
pell's lawyer came to witness and asked him to arrange
terms of separation. He spoke to the prisoner on
the subject, and from that time she refused assistance. His
attention had been called to the prisoner's mind by the
sister, who had frequently called upon him, and he ulti-
mately asked Mr. Byam to meet him.
Elizabeth Mitchell, sister to the prisoner, was then ex-
amined, and her evidence went to show that for some time
back, in consequence of the jealousy she entertained of Mr.
Chappell, she became at times quite unconscious. She
always expressed and showed the greatest affection for her
child. She knew Mr. Chappell had told prisoner that he
thought it would be for the happiness of both that
a separation should take place between them, and withthat
view his solicitor would call upon her to arrange the terms
of separation. He also had told her that neither she or her
child should ever want for anything.
Mr. W. J. Byam, of Welbeck-street, surgeon, confirmed
the evidence of Mr. Catherow as to the state of mind of the
prisoner.

Dr. Thorne, of Camberwell, who attended the prisoner in
her first confinement, in June, 1862, gave similar evidence.
He was positive at that time that if she became a mother
again her mind or body would give way, or perhaps both.
He saw her again on the 2d of August, when the child was
dead. His opinion was that she was maniacal. He saw
her again afterwards, and up to the last moment she was
in a state of suicidal mania.

Baron ➢Tartin said it was a question for the jury whether
the prisoner was a responsible person. His own mind
was clear upon the matter.. _ _ _

Mr. Clarke said there was much more evidence of the
same kind.

The jury then turned round to consider, when

Baron Martin told them that the charge against the
prisoner was one of murder, and could not be reduced to
manslaughter. Everything depended on the state of mind.
The jury then acquitted the prisoner on the ground of
insanity.

Baron Martin said that in consequence of their verdict,
the propriety of which it was impossible to doubt, the pri-
soner must be detained in custody until her Majesty's
pleasure was known.
'1 ho prisoner was then removed from the dock.

POLICE INTELLIGENCE—This Day.

MARLBOROUGH-STREET.

THE WEST-END BEGGING NUISANCE —A tall, strongly
built fellow, named Daniel Sullivan, was charged before
Mr. Knox with begging.
From the evidence of Wm. Gordon, 323 A, it appeared
that he saw the prisoner last night begging at the door of
the Junior United Service Club of the members as they
entered or left. He saw the prisoner receive money of two
or three of the members—who he (Gordon) had no doubt
gave it him from fear—and he then took him into custody.
On searching him at the station he found 4s. in his posses-
sion.

Mr. Knox committed the prisoner for a month with hard
labour.

A sturdy fellow named Casey was charged with a similar
offence, 4s. 6d. being in his possession at the time. He was
also committed for a month with hard labour.
Mr. Knox inquired of Inspector Bowles whether the beg-
ging nuisance complained of in Regent-street and Bond-
street was so bad as formerly.
Inspector Bowles said that since his worship had sent
all the persons charged to prison there bad been almost an
entire cessation of the nuisance.
DISORDERLY CONDUCT IN THE HAYMARRET.—Mr.
Joseph Matthews, of 18, Edgware-road, gentleman, and
Mr. John Jones, surgeon, were charged before Mr. Knox
with being drunk and behaving in a disorderly manner in
the Haymarket._

Mickleborough, 307 A, proved seeing the two defendants
in the Haymarket, about a quarter-past one this morning,
pushing
against the passers•by. He expostulated with
them, telling them that in such a place their conduct was
calculated to cause a great disturbance, and they went on
a short distance, but again repeated their unruly conduct,
and Mickleborough then took them into custody.
One of the defendants said they had been dining with
some friends and got tipsy.

-- _
Mr. Knox fined them 108. each, or seven days.
Two females, named Ann Pearce and Emily Jervis,were
next charged with disorderly conduct in the Haymarket,
and assaulting Holden, 297 A.

The case having been proved, they were committed for a
month each.

...................

WESTMINSTER.

SPECINIEN or AN HONEST Boy.—John Garraway, a
respectable-looking lad between 12 and 13, was charged
with stealing a fowl under the following circumstances:—
Alfred Lovelock, 336 13, said that at 7 o'clock on Tues-
day evening he was on duty in Elizabeth-street, Pimlico,
when he saw the prisoner and three other boys loitering
round the shop window of Mr. Williams, cheesemonger
and poulterer, 24, Elizabeth-street. Having his suspicions
aroused, he watched them, and shortly afterwards saw the
prisoner go inside the shop and steal a fowl, upon which
witness went up to hint, and, finding the fowl under his
coat, took him to the station, the other lads escaping.
Mr. Wilkins having identified the fowl,
Mr. Arnold asked if there was any ono present belonging
to the lad.
The prisoner's father here stepped forward.
Mr. Arnold--Your boy is charged with stealing a chicken.
What have you to say about his general conduct ?
s as honest a child, your worship, as
The Father—He'
ever stood upright in shoe leather. (Laughter, in which
the magistrate joined.) lam a French polisher, and sent
him out with a job yesterday, when he got along with some
other boys and they set him on ; and I hope you'll not send
him to prison till the other boys are found,
Mr. Arnold—That's all very well, hut hero the constable
saw him take the fowl and took it from him. What have
ysu to say, boy ?
Prisoner—l am very sorry I took it.
Mr. Arnold—l must say that, for "as honest a child as
ever etood upright in shoe leather," this is a most impu-
dent robbery. You are remanded fora week.
The father here comm
against the awed inveighing
con-
stable for not apprehending the other boys, and was turned
out of court, declaring that his boy should not go to prison
without them,

FUE SUN, LONDON, WEDNESDAY EVENING, OCTOBER 28, 1863,

Sketched.

The defendant—There, 2s. costs, first time, 2s. costs the
second time, and ss. fine the third time.

The defendant was fined 10S.
FIFTEEN TIMES CONVICTED.—A well-known and despe•
rate thief, who gave the name of John Walbrook, was
charged with stealing money from a till in the Shakspere
Head public-house, in Jubilee• street, Stepney.
Miss Grace Mare, barmaid, said—l was in the bar parlour
this morning, and heard the jingling of money. I went
into the bar, and saw the prisoner leaning over the ccunter,
with his hand in the till, which was open. He was in the
act of taking some halfpence out of the till. He dropped
them when he saw me, and rushed out of the house. I
called out '• Stop thief," and he was caught and detained.

Mr. James Griffin, Imspector of the K division, said—l
know the prisoner well. I believe his real name is John
Middleton. Ho was here on th 3 22L1 of May last for
opening a parlour window and stealing a watch. He was
remanded, and when he was brought up a second time
H.awkes, a City police-officer, proved twelve convictions
against him. Two of them were at the Sessions, and ten
were summary ones. I know of three more.
Mr. Partridge—What became of him last time he was
here.

Witness—Mr. Woolrych sentenced him to three months'
imprisonment and hard labour.
Mr. Partridge—Then I shall commit him for trial.

The Great Confederate Chiefs Re-