The Sun.
London, England, 1853-05-02 00:00:00

LAMBETH,--On Friday, Mr. Charles Cunningham,
of 1, John's-place, Wellington-street, Slough, Bucks,
surgeon, and Mr. Tames Thonzpson Currie, of 10, Nor-
folk-street, Middlesex Hospital, surgeon, were placed at
the bar before the Hon. G. C. Norton, the former on a
charge of feloniously using a certain instrument on the
person of Eliza Mardon, in Stockwell, on or about the
13th ult., for the purpose Of procuring abortion ; and
the latter with aiding gncl assisting in the commission of
the said felony; . 1 ...\_
Mr. Finns attended on behalf of the prisoners.
Mr. Darnton Greenwood was the first witness called,
who deposed that he, was a surgeon'
' residing at Clap-
ham, and that on Sunday, the 17th April, he was waited
on by a lady, who described herself as Mrs. Mardon
and, in consequence of what she stated, lie proceeded to
the house of Mrs. lialcomb, 4, Stockwell Private-road,
Clapham-road. He -there found a young lady, whose
name he had since ascertained to be Eliza Mardon.
She was in bed, and from an examination he made he
found she had recently been delivered. He put a ques-
tion to her, understanding that she had been delivered
of an abortion, to tyhich she replied she had. He could
,
say that she had' recently been delivered of a child, and
from what he had been told he supposed she must have
been about five months gone. She had all the appear-
ance, loWever,- of having gone the full period of gesta-
tion. He had some conversation with her, 'and she
made a statement to him. 114 felt it his duty to com-
municate what had come within his knowledge to the
Registrar of Births for the district, and afterwards the
inspector of police called on him.. The young lady was
still under his charge, and unable to attend that day.
In answer to the questions of Mr. Norton,
Mr. Greenwood said that he had made a careful exa-
mination of the young lady's person, and found every-
thing in'a natural state, exactly as in the case of ladies
after delivery.
Mr. Norton—Did you observe whether ally unusual
.
moans had been-used ?--Witness--Ne. _
Mrs. Grace Halcomb was the next witness. She de-
posed that she was the wife of James Halcomb, car-
penter and builder, residing at 4, Stockwell Private-
road, Clapham-road ; and that the young lady, Miss
Eliza Mardon, had lodged in her house since last Tues-
day fortnight. The witness had been spoken to about
her coming on the Saturday before, but witness never
saw her until she -came, on the Tuesday. She arrived
at about twelve, o'clock in the day, and between one and
two the prisoner Cunningham came, asked for the young
lady, and was shown into the parlour where she was
sitting. After he -had been in the house a few minutes
the parlour bell was rung, and witness went into the
room, when Cunningham said that he was 'the medical
attendant of the young lady, who was suffering from a
polypus in the womb, for which it was necessary to per-
form an operation. The witness was not quite sure that
he did not say he was the doctor who had attended the
young lady's family. He said the operation was to take
away the polypus by a silk cord that was to be attached to
it. He said that when it came away it might occasion
great pain and much discharge, and he cautioned the
witness to get some things ready to preserve the bed, as
as he did not know when it would come away. Witness
went down stairs, saying, "Very well, sir." The pri-
soner _Cunningham called several times between the
Tuesday and Thursday, and on the latter day said he
lived as far off as Islington, and it was desirable for
him to have a room near his patient, for when the po-
lypus came away it might be necessary for him to be in
attendance in case of inflammation, and he took a room
in the neighbourhood. He came several times back-
wards and forwards up to the Saturday, when the young
lady was very poorly, and more so in the evening. Cun-
ningham remained at witness's house until two or three
o'clock in the morning, when witness went to bed. On
Sunday afternoon witness took a book and went into
the parlour, where she remained reading some hours.
While so engaged, she was frequently disturbed by re-
peated cries and groans proceeding from the young lady's
bed-room upstairs. She became very uneasy, and by ,
way of excuse for going into her bed-room, .she took
up a cup of tea. When she got into the room she saw
the prisoner Cunningham there, and that the young lady
was really very ill. Being the mother of several children
herself, and from the appearances she witnessed, she was
convinced that her sufferings were labour pains, and stated
to them that she did not think that the case was one of po-
lypus. To this no answer was given either by Cunning.
ham or the yOung lady. In a short time there was a
knock at the front door, and it was stated down stairs
that it was the young lady's mother. The young lady
heard this, and entreated witness not to tell her mother
anything. Cunningham left the room before the mother
entered, and when the mother came in she exclaimed,
"My dear Eliza, what is, the matter ?" The daughter
made no reply, and witness was about to tell the mother
. her suspicions, but on consideration she thought it was
, neither the right time nor place to do so. The mother
only remained a few minutes in the room, and eventually
went with witness's son for Mr. Greenwood, her (wit-
ness's) own surgeon. After the mother had gone away,
witness said, "Where is Dr. Smith ?"—the name she had
. known Cunningham by, and by which name the young
lady always addressed him. Cunningham came into the
room, went round the bed, and the witness saw him take
from the young lady that which she supposed to be the
result of a miscarriage. Cunningham asked for a piece
of paper, which witness gave him, and whatever it was
he took from the young lady he wrapped it in that piece
of paper, and took it away with him, "saying, "it was
all right." Throughout the whole of this the witness had
not seen an instrument of any kind in his hand, nor had
she the slightest knowledge that anything wrong was
going on. The next morning Cunningham came again
and witness said to him, "Oh I Mr. Smith, what did
you do with that which you took away last night? Mr.
Greenwood will be here presently, and probably he
would like to see it, and also to know if all is as it should
be." Cunningham replied, that what he had taken
away he had given to a sexton, paid him half-a-crown,
and it was buried. Cunninghem did not meet Mr.
Greenwood, but went away, and never returned again.
The witness did not know anything of the other prisoner.
Superintendent Lund, of the P division of police,
proved that, in consequence of information he received
from Mr. Greenwood, he proceeded with Inspector Em-
merlon to the house of the last witness, and there saw
the young lady. From what she told him he proceeded
to the house of Dr. Currie, 10, Norfolk-place, Middlesex
Hospital, and there saw the prisoner Currie. He told
him he wanted to inquire of him whether he knew a per-
son of the name of Smith, who was a doctor. He re-
plied that he did, but that his real name was not Smith,
but Cunningham, and that ,he had also a business at
Islington, under the name of Taylor. He then told
Currie that ha was a superintendent of police, and in-
quired when he had seen Cunningham, alias Smith last.
Currie replied, that he had seen him that day at twelve
o'clock. Witness inquired whether they had had any con-
versation together ; and Currie answered in the affirma-
tive, and said that Cunningham had asked him if there
had been any inquiry about him, for that something was
the matter, and that if any further inquiry was made he
was to stick to the name of Smith, and not to know him
by any other name. Currie further stated that on two
or three occasions he had allowed Smith to see female
patients in his. little surgery. Witness asked him if he
remembered a, woman calling there in the month of Jan.
with a note. He replied " Yes," and that Cunningham
had told him ithat he had examined her in the parlour,
and found that she was in the family way ; that she
called again upon him in two or three days afterwards,
when he (Currie) himself introduced her to Cunningham.
The witness thien asked for what purpose she was Doming
to see Smith. Carrie replied that' he'did not know, and
that he had introduced two or three others to Cunning-
ham, but never had received any.:money. He added
that Cunning ;ham had, told him that he had received
from this wog nan two'paymente 'in the month of January
last, and atom at a fortnight ago' he also told him that he
had gone to 1 edge over the water, and two or three days
after he calk( I and said the' job was all over. He had
often heard S smith say that he could do these things.
That 'was of ter the witness had told the prisoner
Currie that the charge for which he wanted Cunningham
was for using an instrument upon the person of a young
woman, to prc scure abortion. Currie then repeated that he
had heard Cu aningham say he could do these things, but
that he (Currie) was never present when it was done.
He added thait Smith had learnt the practice in France.
Nothing morel transpired until the other prisoner (Cun-
ningham) was brought to the station-house at 11 o'clock
the night before, when witness saw him, and read over
to him the eh arge as it appeared on the sheet. Cun-
ningham said- —"I never used any instrument whatever;
decidedly not." He gave his address Drummond-street,
Euston-square, which was found; to be false, and that
his real resid ience was John's-place, Wellington-street,
Slough, when a his wife was now living.
Police-Dons table Copping said that, on thepreceding
night, about nine o'clock, , while watching the
house of
the prisoner Clurrie, he saw the prisoner Cunningham go
in and pass tl trough the shop into. the back parloeurwaosr
surgery. Witness followed and asked if his
not Dr. Cum ringham.
lice-officer,
The prisoner replied," Yes ;"
upon which t lie witness told, him he was
'and that he r must take him into custodyaon. the charge
of using a certain instrument upon a young woman at
Stockwell for the porpose of causing abortion. The pri.
' Honer exclaimed "Good Godl" sat down, and gave several
sighs. All in a i moment he jumped up, put his hand into his
pocket, drew :forth the purse produced, and said, " Come
along with me, I want to speak to you." Witness said
that anything
he had to say he could hear there, as there
was no one ;present. The prisoner considered fora
moment, and. then said, " You have a duty to perform,
and I shall not say anything." Witness sent fora con-
veyance and. brought him away to the station-house
when, on
reel
ht
searched, the purse he had produced'
containing ight sovereigns and a half
him. , Was found upon
Sergeant (uinnear, 1 P, proved that. he took the pri-
soner Currie into custody that day, at his house near the
Middlesex Hospital. He told
onabthetetinp
which he took him was for aidin hima the charge upon
ningham ila using an instromegr:)tf
abetting Dr.
Co
uf n, a-
young woman for the purpose Producing abortion.
The prison ter said, " No, I never d see him use an in-
strument."' Witness told him tat he ha,d been informed
that he had introduced
the YcTon lady to Mr. Sni thi,tth,.knewing
ham; He-said, " No:' When
any letters from Cunningham, g l , .Miss
.reahen asked nam Mardon,
s Cunning-
_ whether he had
gham the prisoner replied that