The Sun.
London, England, 1836-08-23 00:00:00

CHESTER, Ace. 20.
Louisa Plant, aged 17, and T. Birchcnough, aged 22,
were indicted for the wilful murder of Edward Plant, an in-
fant. The female was a pretty black-haired girl, and was
very neatly attired.
The ATTORNEY-GENERAL and Mr. TOWNSEND appeared
for the proSecution. -
Mr. R. G. TEMPLE, Mr. COTTINGHAM, and Mr. DUNN,
defended the prisoners.
The prisoners resided at Sutton, near Macclesfield. The
child with whose murder the prisoners were charred, was
the result of an illicit connection between them, and it was
to the female prisoner an object of great anxiety, on ac-
count of the man refusing to contribute to its support. It
was proved by several witnesses that when the female pri-
soner asked the man for money, he beat her and treated her
in a very cruel manner. On some of those occasions,
after Birchenough had left the house, the female pri-
soner had been observed to take up the child, and, sit-
ting with it on her knee, exclaim, " I have nothing but.
trouble of mind ; if the Lord would take my baby, never,
never would I go in that man's company any more.
If it had only a pennyworth of arsenic, it would be
gone." After that, the witnesses said, she went to bed,
lamenting very much. At another time she said to Mrs.
Burrowes, the person with whom she lodged, that she had
seen a girl who had a child which was very poorly, and
who told her that if she nould give her child what the girl
had given to her's, she would soon get rid of it. On the
13th of April, when the female prisoner came home, she
took up the child and sat down with it in a chair. She
then took the child up stairs: and was absent about two
minutes. When she came down the child was sick. Mrs.
Burrowes asked her what she had been doing to her child,
and she said " Nothing." Mrs. Burrowes then examined
the child's head, and observed that its upper lip was co-
vered With a white powder. She looked at it, and taking
some on her fingers, exclaimed, "My God ! my God !
cousin, whet hest thou been doing ?—what hast thou given
it ?" She said " Nothing." The child continued sick
during the afternoon, and died at seven o'clock in the
evening. The usual tests were applied to the stomach and
bowels after death, and white arsenic was discovered.
The next branch of evidence which was entered into
proved that on the evening of the 2d of April the prisoners
were observed together in Macclesfield. Birchenough was
seen to hand something to Plant, and immediately after-
wards she went into the shop of Mr. Harrop, a druggist,
and asked fur a pennyworth of arsenic. Birchenough was
observed to wait in the street while she went into Mr.
Harrop's shop, and when she came out she joined Birche-
nough, and handed him the parcel.
On the 14th the female prisoner was taken into custody,
and, when placed in the lock-up, she appeared to be in
great distress, and exclaimed, " Oh, my child, my child,.
what have I done !" Afterwards she confessed to the
officer that she did give the child something, and she said
that Birchenough told her that if she did not give the child
something he would stick a knife into her. She afterwards
confessed having bought the arsenic at. Mr. Harrop's shop,
and that Birchenough gave her the penny to buy it. with ;
that he stood at the corner for her, and she aftertvardsgave
him the paper.
A witness also proved that when Birchenough was in the
lock-up, he admitted knowing of the purchase of the arsenic.
The prisoners, when called upon for their defence, de-
clined saying anything.
Soros witnesses were called to prove that the witnesses
for the prosecution had perjured themselves, and that the
prisoners were at other places than those at the time stated.
The Jury, after consulting about an hour, found Louisa
Plant guilty of murder, and Birchenough guilty as an ac-
cessory. They believed that he was with her when she
purchased the poison.
Lord DENMAN said that, under the circumstances, that
was a verdict of acquittal in favour of Birchenough ; there
was, however, another indictment en which he should be tried.
The prisoners were then again placed at the bar. Louisa
Plant was charged with the murder, and Birchenough with
being an accessory before the fact.
Mr. COTTINGHAM submitted to the Court, that as Birch-
enough had been acquitted of being a principal, aiding and .
assisting Louisa Plant in committing the murder, and as
the jury had negatived that averment by finding a verdict
of not guilty, the prisoner could not now be tried us an acces-
sory before the fact, as the first offence of his being a prin-
cipal included his being an accessory before the fact. In
support of the objection he cited the authority 1 Hale, 626.
The learned gentleman also said it was his intention, on
the part of the prisoner, to put in the plea antic fois acquit.
Mr. DUNN also urged the same line of argument.
Lord DENMAN overruled the plea, but said, in deference
to the opinion of Lord Hale, he should reserve the point
for the consideration of the judges.
The case then proceeded, and Louisa Plant was per-
mitted to retire, she having been before convicted. The
evidence adduced was the same as that given on the former

r.l
Ile Jury, after a short consultation, returned a verdict
of Guilty.
Lord DENMAN then ordered sentence of death to be re-
corded against the female prisoner, but said that under the
circumstances, and in consideration of the strong recom-
mendation of the Jury, considering; her youth, and the un-
fortunate connection which she had formed, he should not
pronounce sentence of death upon her, but have the sen-
tence recorded, and recommend the Crown to commute the
punishment.

His LORDSHIP then proceeded to pass sentence on
Birchenough, and observed that he did not recollect a case
in which a man had displayed such meanness in refusing
to support his offspring, combined with such cruelty in
treating so young a woman with unkindness even to
violence, and accompanying that by giving her the means
to purchase that deadly poison by which she was .to
violate every feeling of a mother. It was impossible, nor
could the prisoner expect, that his life should be spared,
and he entreated him to make the most of his time to make
his peace with God, whom he had so highly offended. It
was right, however, that he should mention, that in conse-
quence of an objection which had arisen on a point of law,
the execution of the prisoner would be . delayed ; not that
he (Lord Denman). had any doubt of the prisoner's guilt,
for none existed on his mind ; but in deference to so high
an authority as Lord Hale, he should not feel justified in
ordering immediate execution without taking the opinion of
the Judges. The prisoner would, therefore, have his life
spared a considerable time, but he was not to let that delay
lead to hardness of heart, for he was firmly persuaded that
there would be only a delay, as it was fit that some more
discussion should take place. The sentence of the Court
was, that the prisoner should be hanged by the neck till he
was dead, and that his body should then be buried within
the precincts of the prison, and may God have mercy on
his soul.
The prisoner, with tears in his eyes, said, " And God will
have mercy on me for what I know about it." He was pro-
ceeding to make some other observations, when he was led
away by the officers.