The Sun.
London, England, 1853-02-28 00:00:00

CENTRAL CRIMINAL COURT-(THIS DAY.)

The February sessions of the Central Criminal Court
were opened this morning, before the Right Hon. the
Lord Mayor, the Recorder, several members of the Court
of Aldermen, the Sheriffs and Under• Sheriffs, and other
civic functionaries.
The Recorder, in his address to the Grand Jury, said
he regretted to state that the calendar promised more
than the average amount of business, not only in regard
to the number of cases it contained, but also to their
importance and gravity. There were no less than six
cases involving the destruction of human life, and assum-
ing a more or less serious complexion, and they would
come before the grand jury eirther as charges of man-
slaughter or of murder. There were three cases of mur-
der, all of a very grave character, to which he felt it
necessary to briefly allude. The first was a charge of
murder against a man named Saunders, who attacked his
victim on the high road, and in a manner and under cir-
cumstances which would leave no doubt in their minds
as to the propriety of finding a true bill against him. The
next case was against a woman named Fisher, and was
one of a very peculiar description. It appeared
that this person lived twelve or fourteen years as
housekeeper to a very aged gentleman, who had
reached nearly his 84th year, and who was possessed of
very considerable property. The neighbours, it seemed,
had for some time heard noises in the house, which led
them to believe that this woman was ill-treating the old
man ; and on the sth of January last a medical man was
called in to attend him, it having been reported by them
that he was in all probability dead. He found the old
man lying dead in the house, and he also saw the woman
there. He discovered on the body of the deceased va-
rious wounds, which appeared to have been inflicted at
various times ; but the direct mode in which his death
was brought about was involved in considerable doubt
and mystery. If they should be of opinion that his
death was accelerated by any of those wounds, and that
those wounds were caused or inflicted by the prisoner,
and were the result of a long course of deliberate ill-
usage on her part, he knew nothing that would relieve
her from the presumption that hers was a case in which
death was caused by malice. If it should appear at the
trial that she had no intention to destroy life, though she
might be guilty of misconduct, the offence would be re-
duced to manslaughter ; button the other hand, if she could
clear herself altogether of the charge, of course she would
be entitled to a verdict of acquittal. It,' however, ap-
peared from the depositions that there was a strong pre-
sumption that death was the result of a long course of
ill usage to the old man, and under those circumstances
the jury would most likely think it better to return a
true bill for murder. The other case of murder was also
one of some peculiarity. It was that of a young man
who was charged with, the wilful murder of a young
woman with whom he had formerly cohabited. It ap-
peared that shortly before her death he ceased his con-
nection with her, and married another woman. The
circumstances were simply these : —A noise, as if from a

person drowning, was heard on a dark night near the
Regent's-canal. Before her body was found she was
dead. It would be seen from the depositions that the
prisoner was in company with her the greater portion of
the same day. The body was found at about a quarter
or half-past eleven o'clock at night, and the evidence
traced the prisoner distinctly to that neighbourhood up
to as late an hour as eleven the same evening. It would
also be seen from the depositions that, when taken into
custody, there was in his possession some of the
property which she had upon her that day. Fur-
ther, it appeared that, when the alarm was given of
a woman being in the water, he was close to the spot,
and actually went to the side of the water, but when the
persons were attempting to rescue her, he made his
escape. On being arrested he protested his innocence,
but it would be for them to say whether, under the cir-
cumstances, they were not justified in sending the case
for investigation before a petty jury. There was a charge
of manslaughter, under somewhat singular circumstances,
against a woman who was tried at this court for the
very cruel act of placing a hot coal in the hands of a
child, by which it was very much burnt. The charge,
on that occasion, assumed the shape of an aggravated
assault. He (the learned recorder) was not present at
the trial, but he believed that, in consequence of it hav-
ing transpired that the woman bore a very excellent
character, that she had shown great contrition for her
offence, and that she committed the act in a moment of
thoughtlessness, the child having aggravated her by
going near the fire when she had cautioned her not to do
so, she received what was called a merciful sentence.
About six weeks after her conviction the child died, and
she was now brought, upon the Coroner's requisition, to
meet a charge of manslaughter. No doubt, if she com-
mitted that cruel act, and death ensued in consequence,
she was liable to be indicted for manslaughter, notwith-
standing she had already undergone some punishment,
for the assault. On looking over the depositions, he
must confess he was astonished at the verdict to which
the jury had come. Public opinion had a right to exer-
cise a certain degree of control over the acts of courts of
justice, but there was a limit beyond which the control so
exercised defeated rather than promoted the ends of justice.
The verdict of the jury, he regretted to find, was against
the direction of the coroner as well as the evidence of
several eminent men, who were examined before them,
and who all said the child did not die from the effects of
the burn, but from water on the brain—a chronic disease
to which it had been for some time subject. If they
found the evidence in the depositions to be true he should
recommend them not to do the gross injustice of putting
the woman on her trial for manslaughter, it being clearly
shown by that evidence that the assault for which she
was originally punished had nothing to do with the
child's death. The learned recorder then alluded to the
case of manslaughter against a man who professed to be
a disciple of Dr. Coffin, and who caused the death of a
woman by administering to her some poisonous herbs,
and explained the law respecting the responsibility
which attached to non-qualified persons who acted in
the capacity of medical advisers. After referring to
some other cases in the calendar, he said he felt it
his duty to make some observations to the grand jury
with respect to the secondary punishments which were
now in a state of transition. The general impression
was, that the Government intended to make great changes
in the punishment of transportation. They were at this
moment engaged in solving a most difficult question—a
question that had puzzled mankind of all nations, and
oin all times—namely, what was the best mode of secon-
dary punishment to be adopted in order to prevent
crime. There has lately been, a general impression on
the public mind on this subject with regard to two mat-
ters which, however, were entirely incorrect,—first, that
transportation was to be entirely abolished and,
secondly, that as gold had now been discovered in Aus-
tralia, it was a positive benefit to De transported
to that colony. With regard to the first, he
believed it was the intention of the Government to ab-
stain from sending further convicts to Van Diemen's
Land, but there were portions of Western Australia to
which they proposed.to transport criminals, at all events
for some time to come. However, they are certainly
not decided to abolish transportation altogether. This
was not a place to give opinions or discuss a theory; but
he believed he was right in thinking that the Govern-
ment would find other places to which they might con-
tinue transportation. What, however, he was most
anxious to do on the present occasion was to prevent the
suspicion that there was any advantage or prospect of
immediate gain for those who were sent out of the
country as transports. When convicted they were not im-
mediately transported, but had, in the first instance, to
undergo 12 months' severe correction and discipline in
prison, then they were sent to the prison at Portland,
where they were compelled to work at the severest ma-
nual labour, without obtaining the slightest remunera-
tion. If they were transported for seven years they had
to labour at that place two years ; if for ten years, three
and a-half years ;if for fifteen years, six years ;if for
twenty years, eight and a-half years ; and if for life, ten
and a-half years ; and it was only by continued good
conduct during those periods that they were enabled to
procure for themselves the advantage of being sent out
otherwise thhn as prisoners, namely, with a ticket of
leave. He thought he was justified in putting the jury,
and through them the public, in possession of these facts,
in order to prevent any misconception on this subject,
and he trusted they would not think he had detained
them unnecessarily.
The grand jury then retired to their private room.