The Sun.
London, England, 1870-09-24 00:00:00

THE BRIXTON BABY-FARMING CASE.

LONDON, FRIDAY.
The trial of Margaret Waters, 35, widow, for the
murder of an infant child named Cowen, at the Brixton
" baby farm," was resumed before Lord Chief Baron
-Kelly. Another woman, named Ellis, was included in
the indictment; but she was acquitted yesterday for want
of evidence. Sergeant Ballantine, Mr. Poland, and Mr.
Beasley were for the Crown ; Mr. Ribton, Mr. Pater, and
Mr. Chitty defended the prisoner. The evidence for the
defence was resumed :
Mr. Ribton summed up his evidence for the defence,
and said that, after careful consideration, he d,id not see
that there must of necessity be a verdict of manslaughter
even. He thought that the evidence of the girl
O'Connor—who was previously one of the wit-
nesses for the prosecution, and who ought to have
been called by thcm now, was very satisfactory. The
case now simply resolved itself into obtaining money by
false pretences. The girl spoke generally as to Mrs.
Waters's kindness to the children, and her fondness for
this particular child, Cowen. He asked the jury to say,
for the sake of our common humanity, that there was no
such horrible system as had been suggested by the prose-
cution.
Mr. Serjeant Ballantine replied on behalf of the Crown.,
characterisiiag the case at Ei one of the most solemn and
serious that a jury had ever been called upon to consider.
It had been urged for the defence that there was no or-
ganised system of murder, but the fact of the woman
living in this particular house, advertising extensively, and
obtaining possession of a number of children, who even-
tually died, together with the evidence of their treatment,
shelved conclusively that there was such a system. He
commented upon the fact that Mrs. Ellis had not been
called for the defence, although no one within the pre-
cincts of the court was better able to say whether the
children had received motherly treatment. Although he
had promised to call this woman, his learned friend had
exercised a wise discretion in refraining from doing so.
It was possible that the prisoners only speculated upon
the probability of the children dying through want of
natural food ; but it was an unfortunate speculation,
fraught with the most dangerous consequences to
society. Even taking the theory of the defence,
that neglect contributed to the death of the children,
in law that was murder, and not manslaughter. They
found the children huddled together, without fresh air, no
cleanliness, no sufficient food, and a wretched little child,
the only servant to attend to the house, and the children
and all these were steps towards death. Then there was
the application of opium, which the medical man called
for the defence said killed children almost like a shot.
When they considered the mode in which the establish-
ment was conducted by persons having experience in the
care of children, there was but one end likely—death.
At the time they agreed to take deceased, the child was
not born, and no motive could be suggested but self-
interest for taking possession of it, notwithstanding the
prisoner's apparent reluctance to take any money with

His Lordship said the case was of the greatest import-
ance, not only to the prisoner at the bar, but also to
the inhabitants of the great metropolis and the country
at large. He therefore begged the jury to dismiss from
their minds any impressions made by reading abgut the
case, or observations made by counsel, except ii& so far
as the latter were supported by evidence on oath. The
questions to be submitted for their consideration
were in themselves clear and simple in the extreme.
Unless they were satisfied that the death of this particu-
lar child, John Walter Cowen, was occasioned by one, or
other, or all of the causes mentioned, they must dismiss
the evidence on the other cases, and return a verdict of
acquittal. But if they were satisfied that its death was
so caused, they must next consider whether the prisoner
did all intentionally for the purpose of causing
death, or with a full knowledge of the conse-
quences. If so, they would find her guilty of murder.
Happily, it was a new case in courts of justice • and they
had to inquire whether the prisoner knew or believed that
the course of treatment or line of conduct pursued towards
this luckless child would probably end in, or accelerate,
its death. She appeared, from the advertisements and
pledging much children's clothing, to be experienced in the
care of children. They must, therefore, look at her object in
getting possL.,.ion of the child in question. She began the
transaction with a number of untruths, contained in the
advertisement and amplified in the correspondence.
Looking at the ultimate consequences, they must consider
what was her intention at the time in ob-
taining possession of the child, and say whether
or not it waB consistent with her innocence.
One point of difficulty in his mind was the refusal of the
prisoner to accept money with the deceased, although she
had mentioned a premium of £4 in the advertisement.
They must draw their own conclusions from that ; and if
favourable to the prisoner, give her the benefit of it.
It would appear that if she had wished the child
to die, she would not have sent for a medical man ;
and if that raised a substantial doubt she was also
entitled to the benefit of it. In addition, she had sent for
a wet-nurse to take care of it on the 10th of June. That
may have been because Mrs. Ellis came home intoxicated
after her interview with Relph; somebody was seen walk-
ing up and down, and prisoner said " You cat, you have
ruined me," and suspected some inquiry was about to be
made and sent for the wet-nurse to avert the consequences.
He should not express his own opinion, as they were the
sole constitutional judges. [His lordship's summing up
occupied an hour and thirty-five minutes.]
The jury retired, and after an absence of about an hour
returned into court with a verdict of Guilty of Wilful
Murder.

On being asked if she had anything to say why sentence
should not be pronounced,
The prisoner complained of the exaggerated statements
that had been made as to the condition of the children. In
the first place there were not five of:them on the sofa, but
two—one aged three weeks and another five. Two other
children were on the chairs and bassanette. Their bottles
had not been changed, as it was very early in the morning.

Little Cowen was certainly a very fine and beautiful
child—a finer she never saw. She was much pleased with
him, and took every care of him. However, he did not
.seem to thrive, whatever she did. Thrush and diarrhcea
—tame on and she used borax and honey for his mouth.
On the Sunday she sent for 6d. worth of brandy, and put
12 drops of laudanum into it. She soaked a flannel
bandage in it, and put it round the child's
stomach three times in the course of the
day to mitigate its sufferings, as it moaned
a great deal. On the Derby Day she sent for Dr. Harris,
who prescribed for it. It was the practice of homceopa-
thists to leave the medicines for a few days, to see the
effect. The child did not get worse, but continued in the
same state. He saw the child three times, and on the
Saturday morning before her apprehension he said she had
better pay him. His charge was £2 for attending her
sister and child, young Cowen, and Willie. He
asked if the latter's parents had money, and
why he should - not send in a bill to them.

He- then sat down and made out a -bill —lc;
17s, which the police would have. He said he would like
to see the other children, and advised her to have plenty
of air in the place. He also advised her to give up the
adoption of children, as she might get into trouble; but
he said he could find no fault with her children. He got
his money and went away. While in gaol she wrote to
him, asking him to send a receipt for the £2, and an
account for the parents of the child, but not to put their
name upon it. The name was Samuels, of Liverpool.
He sent a very rude note in reply ; and the first thing he
did at Lambeth Police-court was to give the name of the
parents. She acknowledged she had been guilty of deceit
and falsehood, for which, although they might not
believe her, she was very sorry. She was willing to sub-
mit to punishment for that, but she was not guilty of
murder. With death and eternity staring her in the face,
she could assert that she was as innocent as a baby of what
she was chArged with. Cowen's child was intended for
a purpose. A couple in affluent circumstances
wanted a male child, and promised to lavish every
comfort upon it. The loss of this child, therefore, would
have been a great loss to her, in a pecuniary point of
view, if she had been at liberty. She did all in her power
for it. In reference to those who died at the workhouse,
they were taken from home early in the morning to the
Lambeth police-court, in wet clothes ; they were kept
there until late in the afternoon, and then taken to the
workhouse. Yet she was held responsible for their
deaths ! In conclusion she said, " I am as innocent of
this foul crime as any of these little babies who perished."
His Lordship, addressing the prisoner, said. she had
been convicted of the greatest crime which could be com-
mitted by a human being. Nothing now remained for him
but to pronounce the sentence of the law upon her. If
she had any hope of relief in appealing to another tri-
bunal he hoped her appeal would be heard, and
that she might obtain that mercy which he had
not the power to shew. His lordship then
assumed the black cap, and passed sentence of death in
the usual form, adding, " and may the Lord have mercy
upon your souL" The prisoner then bowed to the bench,
and was led away by the warders. She was called back,
however, and his lordship added to the sentence : " Your
body shall be buried within the precincts of the prison
where you were last detained.," His lordship then burst
into tears, and the prisoner, who had manifested the
greatest fortitude, was led from the dock.

Sarah Ellis, who had been acquitted of the capital
charge, was then indicted for conspiring, with Waters, to
obtain money from the parents of the children by the false
pretence of furnishing the infants with sufficient food,
clothing, and other necessaries. Acting upon the advice
of Mr. Ribton, she pleaded guilty.
Mr. Sergeant Ballantine said he should not proceed
with any of the other charges against her.
His Lordship said she must have known at the time
that in pretending to take into keeping the children of
other people, it was her intention so to deal with them
as to cause the effect which had led to her sister being
sentenced to death. She had assisted in those crimes,
but the sentence would probably put a stop to the
nefarious proceedings. He would not sentence her to penal
servitude, in the hope that she would repent and lead a
better life ; but the sentence would still be a warning ;
It was that she be imprisoned and kept to hard labour
for eighteen months.
Sergeant Ballantine having expressed the satisfaction
of the Crown with the services rendered by Police-sergeant
Relph,
His Lordship said he entirely agreed that the public
were greatly indebted to that officer, and he had much
satisfaction in awarding him £2O.

Tint AINIERICAN MINISTER IN ENGLAND.—AC—
cording to the New York Herald, senator Morton, of
Indiana, will succeed Mr. Motley as the representative of
the MI teal States at the English court. •

DUNvILLE and Co., Belfast, are the largest holder.,
of whisky in the world. Their Old Irish Whisky is recommethicli
by the medical profession in preferunee to French brand .
su
plied in casks and cases for home use or exportation. Quotatiol...
on application to Messrs DUNVILLE & 0., Royal Irish Dis
Benin ; or at thei London OfEcee,A. Beaufort Buildings
Strand, W.O.

THE WAR.

THE PRUSSIAN ARMY OF OCCUPATION.
The Thnes correspondent writes from Darburgh as
follows:—" The Prussians in this part of France
are endeavouring to reconcile the inhabitants to
the army of 'occupation. The " Conamandeur de la For-
teresse " has thought it necessary to issue a short ad-
dress to the people, with the view of removing their
apprehensions. In this address he says he understands
some measures taken by him have hard the effect of raising
fears which he assures the citizens are groundless. These
measures were adopted in the interest of the civilian
inhabitants of Sedan, as well as in that of the garrison.
He invites the people to assume their ordinary avoca-
tions, and says well-disposed citizens have nothing what-
ever to fear. Firing may be heard every day, but it will
only be from arms found undischarged on the field of
battle, and which will be discharged into the fosse sur-
rounding the citadel. By the side of the address of the
commandeur is posted an order from the " Commandant
de la Place." It directs the inhabitants of each commune
in Sedan, and within a distance of two leagues all round
it to deposit at their respective 11Iairies before the expira-
tion of two days all arms which may be yet lying on the
battle field, or which may have been removed thence
to the houses. The Maires of the several communes are
to send to the Maine at Sedan all arms so
deposited. For the collection of all such arms the Maires
are to be held personally responsible. For each fusil
found in any commune after the expiration of two days
from the date of this order, the Maire of that commune
will be fined 500 f., and for each sword or bayonet 200 f.
The order extends to cartouche-boxes, but in a milder
form. For every hundred cartouche-boxes found in any
commune after the two days the Maire is to be fined 200 f.
The work of collecting the arms and cartouche-
boxes will be an onerous one. The latter are lying
about in thousands on the roads, and on the woody heights
they are even more numerous. As for the arms, it was
time for some authority to look after them. Tourists
were carrying them away by the score as souvenirs of the
great battle, and a brisk traffic had been established in
chassepots, carried over the Belgian frontier despite
the vigilance of the douaniers, who kept a tolerably
sharp lookout after them. The Prussian garrison
at Sedan have set an example in commencing the work
of collecting the arms. They are dragging the moats sur-
rounding. the fortifications, and that part of the Meuse
which runs close by the walls of the town. The " take "
is wonderful. When the capitulation was effected the
unwounded troops of MacMahon's army were collected as
prisoners in a large field near the Sous-prefecture.
While there they seem to have. thrown away as much of
their arms and accoutrements as they could possibly
get rid of. The field itself is pretty well covered with
shakoes, helmets, cuirasses, cavalry valises, knap-
sacks, and cartouche boxes, with here and there a smashed
chassepot ; but most of the discarded swords and chasse-
pots were consigned to the bottom of the river or to that
of the moat,. Prussian soldiers are fishing them up in
great numbers and piling them in huge heaps on the Don-
chery Road. A little further on is a field of about three
acres. Here the French cannon and the French mitrail-
lenses are parked. What a sight for a Frenchman to
look -at I Over 200 connon and mitrailleuses with ammu-
nition waggons, and the other accessories all complete
and ready for use by the Prussians. The 'mitrail-
leuses here are of the larger kind. Until you come close
to them they have the appearance of an 18 pounder brass
gun mounted on four high wheels, but on a near exami-
nation you find that the muzzle, instead of having one
round opening; consists of 20 distinct apertures in rows of
five, each aperture being of the size of the bore in a rifle.
Prussian artillerymen are engaged in oiling and polishing
up these mitrailleuses;ain seeing that the metal boxes in
which the charges are inserted drop into their places pro-
perly, and that the screw by which the instrument is dis,
charged is in proper working order."

ti

NEWS FROM BELEAGURED PARIS.
The Daily News has a letter from Paris dated Tuesday.
As all communication with the capital has been cut off
since Sunday, this epistle is interesting and its trans-
mission to the Daily News an interesting feat. One of
the most noteworthy portions runs thus ;—As for meat,
the Government, to whom all the cattle and sheep belong,
have fixed the price at which the butchers are to sell it.
Paris meat will not bear comparison with London meat,
but as far as price goes we are better off here in the midst
of siege than you are in London. It is ordered that
for the present beef shall be sold as follows—
namely, all the prime joints at 2 francs 10 centimes the
kilogramme ; all the secondary joints at 1 franc 70 cen-
times; and other pteeces at 1 franc 30 centimes. For the
filet, however, and what is here called the false filet—that
is, the rump-steak—the butchers are allowed to charge
what they please, Then fcpt mat-on—joints of the first
close, 44162 as 430 atia 4addlee, are to be sold, and
are geld, .0 l franb mutinies the kilogramme ;
joints dt the second cfrag§ ishoulders), g 1 franc
30 centimes ; and those of the third class, as the bseast,
the neck, and the trimmings, at 1 franc 10 centimes the
kilogramme, in studying this list of prices, let me
remind you that the kilogramme is not merely, as we
roughly reckon, the equivalent of two English pounds, it
is three ounces and a fiaction more. Also, in making the
comparison with English prices, it may be well to
remember that a franc is not worth tenpence=
it is not worth more than ninepence-halfpenny. The
result you will find to be this—that the best beef is nine-
pence a pound, and the best mutton eightpence. How
long these prices are to rule of course no one knows.
They may be raised in a few days. In the meantime
there is no lack of animal food, and the supply of bread
is unlimited. For wine the Prussians outside may envy
us ; the water runs free ; and, altogether, Paris seems
to be unusually healthy. When I came here first the
death rate by small-pox alone was 300 a week,
and I knew friends in London who would gladly
have come to see Paris in this its great crisis, but they
were afraid of the terrible disease. Either the small-pox
has disappeared, or we hear nothing of it. People forget
of be ill in this war. The small-pox has taken fright,
and apparently has fled with the emigrants to other
lands. Would that other diseases would flee in like
manner, but most of all the disease of inveterate mis-
government. The Parisians are this morning in
great expectation, waitin for the return of Jules
Favre from the Prussian headquarters, and bringing with
him, as they imagine, the assurance of an armistice.
Another illusion. M. Favre and the Parisians may
depend on it that the Prussians have not come here for
nothing. Whatever may be the expectations of the
success of diplomacy at the headquarters of the King
of Prussia, they are not supported by any success
of arms. The fight of yesterday at Chatillon is
anything but satisfactory. It appears that originally
General Trochu, having reviewed his forces, determined
to defend Paris without the help of an army outside. He
made up his mind to give up all the strong places beyond,the
line of the forts. Suddenly came Ducrot from Sedan in
the guise of a peasant. Here was a general- fit to be
trusted with a command outside of Paris. Ducrot should
have an army of 50,000 men to defend certain heights.
They came to a trial yesterday, and the most important
incident of the day is the flight of the Zouaves—the
boasted Zouaves—without firing a shot. They ran into
Paris amid execrations and hootings. They have been
arrested in great numbers, and it is proposed to shoot
them— at least to make a good example of them—in the
Champ de Mars. The young Moblots did better, they
stood their ground ; but the result of all is, that
the army of Ducrot has retired behind the forts,
an& General Trochu falls back upon his original
idea of defending Paris by itself. Talking of the young
troops who have stood so well in comparison with the
Zouaves, let me say that the most despised class in Paris
has commanded the greatest admiration in this war. I
think we shall hear no more ridicule of the Cocodes and
the Petits Ordv4s. Just as in our Crimean war we ex-
pected nothing of the effeminate Guardsman, and in
actual trial he turned out to be the bravest of the
brave, and every inch a sound-hearted Englishman—so
of the young Parisian swells, who were contemptuously
called Petits Creves, who had sCarcely energy enough
to drive themselves to the Bois, whose highest am-
bition wail to be ruined by some Wallachian or
Slavonic beauty, who ruined their constitutions
with absinthe and cigarettes, and who knew of
no amusement equal to Baccarat—they have won golden
opinions in this war, they have fought like men, they
have shewn all that we understand by that most
mysterious word—pluck. No more are our Guardsmen
laughed at by comic writers, and I doubt if the
is`
swell will be laughed at again. However, it is pretty
certain that with the disappearance of the Empire the
true Parisian swell will no more exist.

S , DIEN , SATURDAY, SEPTEMBER 24, 1 7ti.

THE SPEECH OF HERR JACOBY.

The following are the principal points of the spee-ch
delivered by Herr Jacoby, Deputy of Berlin, at a recent
meeting at Koeingsberg, for which he has been arrested :

—" The chief question. the only one whose solution is in
discussion, is this : Has Prussia or Germany the right to
' appropriate Alsace and Lorraine? We are told that
Alsace and Lorraine were formerly part of the German
Empire. France became possessed of them by perfidy and
treason. Now that we have conquered the French
it is only just and equitable that we should
retake our own property, which is their prey.
Gentlemen, do not allow yourselves to be misled by
such words. If all the empires of the world were offered
to you do not let yourselves be seduced into adoring the
idol Force. Analyse these phrases, and you will find that
they are nothing more than a disguised apology of the old
right of the cannon ! Alsace and Loriaine, they say,
were German property, and must be again German. But
we ask, have they not inhabitants, and have these inhabi-
tants no voice in the matter. The most obstinate annexa-
tionist must, however, confess that the Alsatians and
inhabitants of Lorraine are French' in heart and soul, and
wish to remain French. Whatever. their errors in respect
to us it would be an act opposed to all human laws to make
them Germans by force, and to incorporate them in spite of
themselves with Prussia or any other German State. An
old German proverb, which by its' truth deserves to be
universally accepted as a moral law, says, ' That which
you would not others should do to you, do not do to
them.' What would our national Liberals say if Poland
one day should be victorious, and claim to annex in right
of cannon Eastern Prussia and 'Posen? Nevertheless,
much more conclusive arguments could be brought for-
ward to justify this annexation than those in favour of
annexing Alsace and Lorraine. No, gentlemen, it is our
duty to oppose these tendencies cf national egotism.
Let us remain faithful to right principles in public
as in private life. Let "us' proclaim loudly our
conviction that any incorporation of foreign territories
against the will of their inhabitants, is an attack upon
the rights of nations to dispose of themselves, and, con-
sequently such an act is to be condemned, and is fatal to
its authors. Let us not be led away by the intoxication
of triumph, and let us protest against all violence towards
the population of Alsace and Lorraine." The following
resolution was adopted by the meeting : —" The members
of the popular party (volksparteis) here assembled express
their conviction that neither the declaration of war by
Napoleon, nor the feats of arms of the German armies,
have given the conqueror the right of disposing of the
political destinies of the inhabitants of Alsace and Lor-
raine. In virtue of the right of populations to dispose of
themselves, and in the interests of liberty and peace,
we protest against all forcible annexation of French
territory."