The Sun.
London, England, 1849-07-31 00:00:00

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'Th.
could nothave been smothered by the flames preventing ,
the ingress of air to the lungs. .17) The case for the prosecution closed at a quarter to
five o'clock. fsjey
NIL'. HUDDLESTONE, having addie4".4l the jury on be• .:-.•
half of the prisoner, contended that thesideath was ccea ;
sioned in the manner above stated ; that the prisoner.
who was drunk overnight, being aroused by the cries of
the other servant, ran down stairs, and finding her
mother in flames in the brewhouse, threw water upon
her ; and that, setting aside the prejudice created by
her former language and conduct, there was not a single
fact in the case inconsistent with this view ; and that it
was impossible for them, after a coroner's jury refused
to put the prisoner even to answer the charge, and a
jury at the last assizes, after huvieg heard the charge,
and the evidence bearing upon it explained to them by
one of the ablest of the judges, now no more,., could not,
after nearly 20 hours' confinement, agree upon it, to dis-
regard the doubts which appeared on so many minds,
and say she was guilty.
Mr. Baron ROLFE, in summing up the case, told the
jury that they must acquit the prisoner unless they were
satisfied that the woman died by suffocation ; for all the
medical witnesses on whose evidence they were acting
proved that suffocation only was the cause of death.
They had heard observations made on the dif-
ferent modes in which the death was stated in the
indictment to have been occasioned. It was true that
the indictment laid the death in nine or ten different
modes. It might be difficult for them to fix on the par-
ticular mode of suffocation ; whether by putting the
fingers down the throat or on the throat, or covering the
mouth with a cushion ; but there was one all-sufficient
mode of accounting for the death to satisfy them—that
stated in the eighth count—namely, that the suffocatioa
was effected by certain means, to the jurors unknown
After going through the facts of the case, his Lordship
concluded by saying that if they saw no reasonable solu-
tion of the case before them except that the suffocation
was caused by the prisoner, they should find her guilty;
but if they saw any other reasonable solution of it, thay
should say she was not guilty.
The jury retired at half-past seven o'clock, and the
Court was soon afterwards adjourned to the Judge's
lodgings.
At half-past ten o'clock his Lordship returned, toge-
ther with Mr. Justice Erle, in consequence of a commu-
nication that one of the jurors had been taken ill. Mr.
Clements, a fellow of the College of Surgeons in this
town, was immediately sent to attend on the juror, and
to report his opinion on the state of his health. On his
return ho was sworn, and stated that the juror was labour-
ing under an attack of cholic, and that his life would be
endangered by his being locked up for the night without
medieine being given to him. Ho was now at intervals
capable. and at others incapable, of attending to bpi-
nes°. He declared ho had no wish to shrink from the
peiformance of
his duty, and would perform it unflinch-
ingly if he got the proper medicines. Thomas Harris
Massey was the name of the juryman. He had known,
him before. The attacks lasted sometim.s two days,
and sometimes went off very soon. "Unless he had medi-
cine administered to him he —sew become much worse,
and ta— ta. would not answer for the conseau.•
especially as the cholera was now a prevailing epidemic
in the town. If he had medicine there would be a chance
of hisbeing relieved and being able to go on till six o'clock
to-morrow without food.
His LORDSHIP—If he is .in such a state that he cannot
go on without food, I have no power_to OrdQr it,_but I can
allow him to have medicine.
Mr. Clement—Suppose I should order 11 im a strong
decoction of beef tea? He has heed fasting' all day, and
wants it much. .
His LoRDSHI.P.:—I do not want to .interfere with your
discretion us a -medical man, but he cannot be allowed
nutriment —whilieti all May equalli watt—merelytaecaTe
i e is weaker and less able to do without it. Whet; I
allow you iojkiNe.hina medicine. I do not want to restrict
you as to the sort of medicine, but you must give him
nothing hat What is bone fide medicine.
Mr. Clement—The man is of such habit that I think
the be*st medicine I can give him is a glass of brandy.
His LORDSHIP—I will not control your discretion
is to whether - you give him stimulants or sedatives..
You may give anything which in your disCretiOn as a
medical man you call medicine; but you must not give
hire food. '
Mr. CLEMENT-4 will then undertake to keep him
'ree from hnicif for seven hours, that is, till six o'clock

to-morrow. .
The Court then adjourned again, at ten minutes past
11, to six o'clock this morning.
. JULY 29, HALF-PAST 6 A.M.
The Court met at „six this morning (Sunday), and
the jury appeared and stated that they, had not agreed,
and it was impossible for them to agree. ...
The juror who was ill last night a.l4,the medicines
he had received had restored him, and iie was now well.
None of the others complaining. orillness, all were
locked up again,_and the Court adjourned to the judge's
lodgings.
20 MINUTES PAST 9.
The Court met again at .the above time. When the
jury had asseinbled and answered to their names, and
in answer to the officer, said they had not agreed to
their verdict. , ____ _ . _
• His Lot:Damp said—Gentlemen, by a. jotter 'which
you haV-e fiddressed to me, you-asaire to know whether
there is sufficient evidence of the guilt of the prisoner
by suffocating the' deceased. That is the point which
you must decide. You must make up your own minds
on that, and see that it is made out to your satisfaction.
The indictment charges the suffocation in varions weys
by tying a handkerchief over the mouth, by putting
a cushion over the mouth and nostrils, and by other
ways. There is no sufficient evidence "'of suffoca-
tion by an exclusion of the air by a current of
flame, as suggested for the prisoner • nor is there
any evidence or death by burning.: . Indeed, ( n the evi-
-lent, a if you think she died lay bn..inc- you ougiit to
acquit her ,as that might be nothing but accident. ,The
only question is whether there is sufficient evidence to
justify you in coming to the conclusion that she died by
suffocation; and if you think she died by suffocation, the
particular mode of suffocation is unimportant. -There is
no evidence of the mode in which she died, except the
medical testimony, and the statement of two of the wit-
nesses that she once attempted to throttle her mother.
This last is the only direct evidence pointing to suffoca-
ion, except the state of the body alter death. With regard
to the evidence of the medical men it must be remarked
that not one of them had seen a body that was burned to
death, and all they say is from theory and the statement's
contained in learned medical books. These gentlemen
say, from their view of the human body, this is so and
so; but a learned book, quoted on the other hand, says
it is not so. His Lordship then went over a great deal
of the medical evidence, especially that of Mr. Coley,
who had admitted that it did not follow from the marks
,if burning in this case that the burning was after death,
and that the current of flame might have prevented the
incress of air to the lungs, and commented upon the
different opinions of the medical witnesses as to the ap-
pearances of congestion in the brain, lungs, and heart
after death by burning, and referred to an opinion of
Dapnytren's relied on for the prisoner, but observed, that
an English writer, who had been quoted on the same
subject. differed from Dupuytren.
Mr. R. KETTLE begged to say that the reliance for
the prisoner was upon the fact stated by Dupuytren,
chat in cases of immediate death by burning, the lungs
and brain were congested; and that that fact was not
controverted by the commentator, but only c-rain in-
erences to be drawn from it, which did not affect this

inquiry.
His LORDSHIP acquiesced in this suggestion, and then
again proceeded with the evidence, and thus concluded:
—I can only tell you, that if I were a juryman, unless
I was satisfied that the party died by strangulation, in
the ordinary sense of the word—namely, by putting the
fingers on the throat, or a cushion or handkerchief over
the mouth and nose, or pressing the windpipe, or by such
means, I should feel myself bound to return a verdict of
not guilty. If she died by burning, or any sort. of sufftrt
cation arising from burning, it might be an accident.
smoke,
mcan
isonibcd7wa
nistduhgs goessmt
sheetseodt ethoraetlsalhiyeee mightsheelfr: e
ufa
rtvoerthe
that
rttahi psepstl: hers-
or.
ands,
g, lnf
ootnth.aestuoitift:ocisatinoont
dweopieanhd whilet
1.c4::
whom ever Law a body
evidenceefro onisn,
consider
iotrie real appearances,
dapicpc eagalurmeasneteinoe?sin,
that had been burned to death, and who are speaking
from theoretical reasoning, not actual observa ion, and
as to whom, therefore, you may be naturally distrustful,
and if you do not feel confidence in them, you are enti•
fled to say, " We do not feel disposed to act on this
evidence." I can say no more. I say you are bound to
return a verdict of not guilty, unless you aro satisfied en
that point.
A Juror—How are we to look at the expressions of
the prisoner?
Lottosuir —lf it is quite clear that She did the
act, then it would be utterly unimportant whether she
used the expressions; but where the question is in doubt,
and there is a question as to whether there is any ade-
quate motive for the crime, then those expressions and
the state of the will and the property may lead yoa to
form a judgment as to whether there is any adequate
motive; and if it is on the other hand, shown that she
had no motive, it would be an argument in irtelan
yujia
But you must not press that too far, and
notl
it is extremely unimportant, if you
not
jet
she died by suffocation—you u
expressions operate on your
this crime merely because she hay
woman. is Lordship should read the
A
statedtheb deaththesubstanceofbe
eenacohe of
minds eo
beenfin masthsvteat Irtroi vary
those
wickedeilvdta:ghu,a,
eightht
h e:icintst' Ltcnhojsußrn: Dpjisuu u;roioli larC'tghhtdebgaeini.receoddr d round the mouth 2 B
y
sinned
dg
baycertain cushion down on the throat and nos.trils
Ytho deceased. 3. By the prisoner's putting her
han
By setting throat
firee
bt' u
jelto ho
e; e.rl
ce el7t)a. elßedy
burning and smothering. 8. By sus.
with them. 6. By suffoca-
tion roundn
gt, tr ho
her. remn. 5
the
hece kr
smoke. a
ai:olin.inogd smotheringnitiahyaeirlbasugniiri•dlioigkiuyn
ffucating by m.rtato
means to the jurors unknown. 9. Suffocation by press-
ing haineal opnr
eti,h,ei mg .
her th
rlooa.t Bwyi
tthrowingg
ehrcsr,
and covering her mouth and nose with a cushion and
handkerchief. His Lordship then added—lt is not ne-
cessary, in my oliuien, to distinguish by what particular
instrument or means suffocation took p.nco. ou
are satisfied that she died of suffocation, you ought to
acquit the prisoner; but it you are satisfied, it is quite
sufficient if you find the suffocation was effected by the
fingers, or a cushion, or certain means unknown to yet
Mr. II UDDLESTON suggested that the word 't
was scarcely sufficient.
His LoßDsHlP—Grentlenien, the Learned Counsel has
observed that the word " sat,isfied " does not adequately
represent to you your duty. If you have any doubt
about it you ought not to be satisfied; but, it you ask me
what is the quantum, of conviction with which you
ought to be satisfied, I cannot tell you. But, unless you
can
say, lire have come to the conclusion that there is
n.) other reasonable solution of the difficulty," you ought
not to be satisfied. At the same time, I do not know

bow to define the bounds where doubt ceases and convic-
tion hrgins; in fact, there can be no case where it can be
with strict truth said thst there is no doubt. If you see
a man taking a dose of arsenic, and dying the next hour,
it is yet possible that he might have died by the visitation
of God. I really think I have explained to you all the
case, and I can only say that with that explanation I
must leave it to you.

A juror—ls the medical evidence a sufficient guaran.
tee to us that she was suffocated?

Hie LORDSHIP—If it does not satisfy you, I must de-
cline answering whether it satisfies me. No one of
them saw the body of a person who had been burned to
death, and the reasons they give for their opinions they
derive from a general knowledge of their profession.
They say that in cases of persons who die by burning,
thera are certain signs which are not to be found here.
They say the appearances here are not such as would
occur in the case of a body burned to death. You are to
say whether that satisfies you. Unless you can deduce
anything from the attempt to throttle, there is no other
svidence of suffieation. Unless you are satisfied, as far
as it is possible to be satisfied of anything which you
have not seen with your own eyes, you ought to say she
is not guilty, but if you are satisfied, then your duty is to
say she is guilty.
The jury then retired, and the Court adjourned to one
o'clock.
At one o'clock P.M. the Court met again. Mr. Justice
Erle sat with his Lordship. Crowds filled every part
of the Court-house. The same juror who was ill last
night had become ill again, and Mr. Clement was again
sent to attend on him. The jury returned in a few
minutes into court, and Mr. Clement was then sworn and
examined.
- His LORDSHIP—You have seen this gentleman? Mr.
Clement—l have. The medicine I gave him last night
relieved him for the time, but he has had a second at-
tack. It would be, in my opinion, dangerous to his life
to have him kept longer in confinement.
The jury were again asked whether they had agreed,
and again answered they had not.
His LORDSHIP again asked Mr. Clement whether fur-
ther confinement would be dangerous to the health of
the juror? Mr. Clement said that was certainly his
opinion.
His LORDSHIP—Then, gentlemen, you are discharged.
Of course you have no reasonable hope of agreeing?
Foreman—Not a shadow of a hope.
His LORDSHIP—You have communicated as much to
me by writing.
The Court then adjourned till nine o'clock tomorrow.
Throughout all these proceedings the prisoner main-
tained her composure in a most singular manner. With
the exception of a moment at the nine o'clock sitting
this morning, when she was about to say something re-
specting some of the evidence, but desisted at once and
before almost the sound of her voice could be heard, she
remained as unmoved as any unconcerned spectator
could be. It is said that she will be put on her trial
again to-morrow for the third time.

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TIER MAJESTY'S THEATRE.
Madame SONTAG.
GRAND MORNING CONCERT,
TO-mORROW,August 1,
In the Great Concert Room, at Two o'clock.
In addition to the united talent of her Majesty'eTheatre, the valu-
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English languages.

HER MAJESTY'S THEATRE.
MADAME SONTAG.
The Nobility, Patrons of the Opera, and the Public are respectfully
informed that a Subscription Night will take place
On THURSDAY EVENING,
R %tab. occanst... c. Ole ap-
pear one of her favourite characters, with various Entertainments
i 1 thb'Ballet Department.
Applications for Boxes, Stalls, and Tickets to be made at the
Box-office of the Theatre, where Pit Tickets may be obtained as
venal, price 10s. 6d. each.

HER MAJESTY'S THEATRE.
THIS EVENING,
Will be presented Donizetti's admired Opera, entitled
LITCREZIA BORGIA.
To conclude with
LES PLAISIRS DE L'EIITER.

Application for Boxes, Stalls, and Tickets to be made at the
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THEATRE ROYAL, ADELPHI.
Under the direction of Madr.me Celeste.
THIS EVENING,

Will be ;resented a new piece, entitled WEBSTER'S ROYAL
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After which a new grand Extravaganza, entitled THE DEVIL'S
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To be followed by a novelty in the shape of A MOST UNWAR
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to the annoyance of Mr. Paul Bedford.
To conclude with the Farce of SHOCKING EVENTS.

AtiTLEY'S ROYAL AMPHITHEATRE.
Proprietor, Mr. W. Batty.
Under the Patronage of her Majesty the Queen, his Royal Elighiaoss
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M. Jean Mare in his extraordinary performances on Le Globe
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Mdlles. Adelaide Hinnie, Valentine, Louise Toulmaire, La Jeane
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MOOLT AN and GOOJEEAT ; er, the Conquest of the Seikhs.
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To coaclude with a favourite Melodrama, entitled CRAMOND
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Box-office open from Eleven till Four.
stage Manager, Mr. W. West.

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