The Sun.
London, England, 1867-12-07 00:00:00

711 E ALTON MURDER.

The trial bf Prederick Baker was brought to ith end
IRA night. The Medical evidence concluded the case for
the prosedution.

Dr. Alfred Swaine Taylor stated that he found
'ldood and bloody water on various portions of the
dress of the prisoner, including his coat, trousers, and
shirt (at the wristbands). Two pocket-knives were
examined. On one of them blood was found coagulated
where the buckthorn handl I touched the plate.. The blood
was human. It had the same character as that on a
stone which was eamined. He found it impossible
to believe that the knife bad b.-en used in the
mariner desc:ibed. If the knife ladbe )1 used for the
.disembowelling there must have been a ;.:r,at deal of blood
upon it. With regard to the clothes, blood enough to fill
a thimble would make a great skew. The colouring
power of blood was very great. The quantity of blood
very small. - A bleeding from the nose would produce the
same kind of stains. To effect the cutting up and muti-
lation spoken of, the cutting off the members and the
disembowelling, even an ine:Terienced Person need not
be more than half an hour if he had proper weapons—a
sharp knife or even a table-knife. Rod ink in a solicitor's
office would not have caused the stains. No colouring
matter but blood could have produced them.
Mr. Carter put a question as to whether, in the opinion
of the witness, the enormity of the crime was evidence .of
insanity.
Mr. Bere objected.

His Lordship said be utterly repudiated the doctrine
that the enormity of the crime was any evidence of the
state of mind of the criminal.

Dr. Taylor : Homicidal mania is generally strewn by
the killing on some sudden impulse, and most frequently
of some loved object. There is no accomplice, no attempt
to conceal the crime. There is often no justification, and
the perpetrator glories in it. As a rule there is no pre-
meditation. The perpetrator is perfectly indifferent to
punishment, and never denies the act. Dr. Taylor agreed
that insanity may be transmitted by descent, and that
where a person's relatives on both sides have shewn traces
of insanity, the presumption is that the person would be
affected in the same way.

Louis Leslie, M.E.C.S., described the appearance of
the body and members. In cross-examination he said : I
believe it would be impossible to dismember a child of that
age with a knife like the one produced. I think a larger
instrument must have been used. Still I think a man,
with undisturbed possession Jf a hopfield, might with
either of these knives have effected the dismemberment of
a child eight years of age in an hour. I should think the
dismemberment took place about half an hour after
death; but that is a point on which it is impossible to
speak with confidence. The body was cut and hacked,
and mutilated and torn ; but I still think the person who
did it and could choose his position need not be much
marked with blood. The prisoner was not intoxicated
when I saw him, but he appeared to me as if he had been
so at some period of the day.

This was the case for the prosecution.
Mr. Carter addressed the jury for the defence. The
defence would present two aspects. He would first say
the prosecution had not made out that the prisoner was
the man who had accomplished this dreadful murder. He
would also call witnesses to show that the man was not
responsible; that he was subject to the misfortune of
such mental and bodily disease as should entitle him to
a verdict of not guilty on the ground of insanity. He
should appeal to them on that ground to spare the
public the horror and the hideousness of the spectacle,
and the altogether pernicious teachings of the gallows.
The theory of the prosecution had broken down.
He contended that everything showed that the prisoner
was not responsible. There was no proof that he
possessed a weapon with which this deed could have been
done. Hs always said he was innocent, though things
looked dark for him. Reverting to the entry in the diary
—" Killed a young girl ; it was fine and hot "—one would
imagine that some madman or idiot had done it, having
found some new work in which he found delight. But on
looking over the diary they found it was a mere elliptic
or formal way of entry. If he had intended the
entry as a confession, he might as well have
confessed to the police. He would say, with all respect
to the learned judge, that the nature of the crime
itself showed that whoever did it must have been mad.
The learned counsel then went through the evidence,
pointing out discrepancies and undoubted mistakes, as
well as the weakness of children's statements, and their
imperfect knowledge of the nature of an oath. Tie warned
them against the prejudice raised against the prisoner by
the mere suspicion—a. prejudice so s'xc,ng, that if the
man were tun.7lng a crowd now they would thenrielves
commit murder by tearing him to pieces. He main-
tained, in spite of all that bad been said, that certain
acts were in themselvea evidence of insanity, and he
forcibly depicted to the jury the awful punishment in-
volved in the consigning of this man to a living grave in a
lunatic asylum, a punishment in itself more terrible than
death.

Frederick haler, tailor, Guildford, father of the Pri-
soner, was the first witness called for the defence. He
stated that the prisoner had always been a nervous child.
At 16 he had the typhus fever. After that he always
complained a great deal of his head. Up to 26 he had
not known him indulge in intoxicants. In 1864 ho was,
very desponding. At that time he (the father) believed his
son was quite out of his mind. From Christmas to April
his restlessness increased and he was watched for fear he
should make away with himself. He then went away.
The father saw and heard nothing of him for some months.
On one occasion he stayed out all night. When told that
his sister was in an excited state about him he said, " I
will go and drown myself." The father added that when
he saw his son in July 1860, in the service of Mr. Clements,
his appearance and demeanour struck him with horror.
Cross-examined by Mr. Bore : His son was the member
of a literary institute for twelve years. He was also
secretary to a debating society and a Sunday-school
teacher.

A: number of witnesses who had known the prisoner for
several years deposed to having remarked peculiarities in
his manner, which had suggcstcd to them unsoundness of
mind. He had frequently threatened in their hearing to
Ynnmit suicide.

William Curtis, surgeon, a member of the Society of
Friends, stated that the Rowe family (the mother's side)
was predisposed to insanity. Mrs. Baker's nephew was
in a lunatic asylum. The prisoner had a homicidal
tendency.

Mr. Taylor, surgeon, of Guildford, had attended
the family for twenty-five years. As a child the
prisoner was very weakly, and still more so after
the typhus fever. Just four years ago his father
had an attack of acute mania. He was violent. On the
day witness saw him he had attempted to strike his
daughter with a poker. He had delusions. He believed
1, is son and eaughter intended to poison him.
Mr. Justice Mellor, in addressing the jury, cautioned
them against the effect of any considerations arising from
the supposed impropriety of inflicting capital punishment.
His experience had been that uo punishment seemed to
have so deterrent an effect on some minds. They must
cmsider whether he murdered the child, and whether he
was responsible for the act.

The jury found the prisoner Guilty.
The prisoner, standing at the bar, ward 'the verdict
without eL.otion. He paid no attention to the summons
of the Olerk of the Arraigns asking him if he had any-
thing to say why sentence of death should not' be passed
upon him.

The letirned Judge, addressing the prisoner, paid, with
great solemnity : " I feel deeply that a man of your age
and in your circumstances should be found guilty of such
an offence. I feel it is a shock to our common humanity
that such a man should have committed such a fearful
crime. I beseech you to prepare for eternity. You must
appear shortly before the searcher of all hearts, and it is
my earnest hope that you may still, if you apply yourself
with all diligence—you may still obtain grace. It is
impossible that mercy can be extended to you by any
earthly judge. Make the best of your time; consider the
coming judgment and the interests of your immortal
soul." His lordship then passed sentence of death in the
usual form.

The prisoner gave no sign of emotion, but left the loci
with a firm tread.

CHARITABLE BEQUESTS. —The will of Miss Jane
Mary Tottingham, who died at the age of 83, has been
sworn under £lOO,OOO personalty. Legacies, amounting
to nearly £20,000 were bequeathed to charitable institu-
tions, and amongst them were the following : --The Mora-
vian Mis3ion London Association, £5,000 ; the British and
Foreign Bible Society, Church Pastoral Aid Society,
Colonial Education Society, each £2,000 ; London City
Mission, Church of England Scripture Readers' Society,
London Society for Promoting Christianity amongst
the Jews, Society for the Propagation of the
Gospel in Foreign Parts, especially ha India ;
Discharged Prisoners' Aid Society, Marylebone Charity
School for Girls and for Orphans, each £l,OOO ;
the Religious Tract Society, Society for Promoting Chris-
tian Knowledge, Female Penitentiary, London Orphan
Asylum, Clapton, Asylum for Idiots, Deaf and Dumb
And
_BRA( Asylums, National Benevolent Institution,
Ilidslle.sex :Hospital, Metropolitan Convalescent Institu-
ion, ..Governesses' Benevolent Institution, and Royal
a‘ledical Benevolent College, each £5OO ; the Royal Ortho-
pcedie Hospital, £3OO ; and the Royal Benevolent Society
for Shipwrecked Fishermen and Mariners, £2OO, and to a
few other institutions ; and whatever residue may remain
is to be divided amongst the Moravian City Missions
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