The Sun.
London, England, 1848-07-24 00:00:00

MIDLAND CIRCUIT.—Lincoln, July 21.

CROWN COURT.—(Before Mr. Justice PerrEsoN.)
Elizabeth Garner, a little girl of pleasing appearance,
only thirteen years of age, was capitally indicted for
administering to Mary Smith, her mistress, a certein
deadly poison, to wit, arienic, with intent to kill and
murder her.

Mr. Wildman, assisted by Sir Eardley Wilmot, con-
ducted the prosecution; Mr. Flowers appeared as coun-
sel for the prisorer.
It appeared that the girl hal left her parental home
for the first time, and entered into the service of the
pros( cutrix, a bedridden old woman, residing at Calceby,
in this county. She became uneasy in her place, not
because she was ill-used at all, but simply because
she was unhappy at leaving and being away from
her home, and owe day finding some fagwater (a
mixture containing weenie, soft soap, and water,
and used to destroy vermin on sheep) in a jar in ;
cupboard, she Wok half a cup full and poured it into a
jug of milk she had just fetched from a farmhouse close
by for her mistress, who drank some of it from the jug
The mistress soon vomited a good deal, and Mr. ICilby,.
the surgeon, was sent for. The mistress gave him the
remainder of the milk in the jug, and he analyzed it,
and found it to contain arsenic. He analyzed the vomit
also without detecting any, but it was not the first. The
vomiting and timely remedies used probably saved the
poor woman's life, and the surgeon stated that she was
now out of danger, though still suffering from the effect.
The only evidence to prove that she knew that she had
administered poison, was her own confession to the sur-
geon, made in the presence of the proseeutrix and of
Mrs. Brunton, a neighbour. The surgeon having first
stated that he held out to her no inducement to confess,
the confession was admitted as follows:-_«I knew it
was poison; I believed it would kill the woman; I gave
it her to be set free from my place.
Mrs. Brunton, the neighbour, being called to corro-
borate, stated that the surgeon did say, "it would be
better for her if she would confess."
The counsel for the prisoner then objected to the con-
fession being received as evidence. but,
The Learned JUDGE, after conferring with the Lord
Chief Justice, determined to keep the surgeon's evidence
before the jury, '
and reserve the point, if necessary.
Mr. FLOWERS having
addressed the jury for the
defence,
His LORDSHIP summed up the ease to the jury, ob-
oe irresponsible cri-
minal! serving that between the age oft _seyen and fourteen
years an infant was presumed
; but then malice will supply the deficiency of
age ; and it was a question for the jury
whether there
was hero sufficient evidence of malice to supply it, and
to satisfy them that there existed a mischievous discre-
tion, and a consciousness of the nature of the act done.
They must take into consideration
what she had said to
the surgeon, and if that had heat improperly received,
she would have the benefit of it. He certainly should
not have received the evidence if what the surgeon
had in the first instance said to her been previously
disclosed.
The jury almost immediately returned a verdict of
Guilty.
Ills Lonnsnir then feelingly addressed the prisoner,
and concluded thus—Senteece of death will be recorded
only against you, and I shall recommend her Majesty,
who, I have no doubt will attend to it, that your life be
spared, though upon whit terms I cannot say."
THE KIRTON MURDER CASE.— Joseph Travis, who
at the last assizes was tried for the wilful murder, at
Kirton, on the 18th of INceinber hl: t, of John Cop man,
and after a protracted trial acquitted, was now indicted
•