The Sun.
London, England, 1859-12-01 00:00:00

CENTRAL CRIIIIINAL COURT.

OLD COURT.

(Before Baron *Bramwell.)
CTI ILD MURDER.

[A portion of the following appeared in our impressing
of yesterday 1—

Sarah Jane "Wiggins was indicted for the murder of a male
child, three-and-a-half years old, by tying it to a bed-post.
Mr. Clark, who appeared for the prosecution, said the
prisoner cohabited with a man, the father of the child, and
that its death was occasioned by the severe punishment in-
flicted upon it by the prisoner, who tied it to the bed-post
horizontally from seven o'clock on Tuesday night until
seven o'clock the next morning. The learned gentleman
then called—

Emma Scott, who said—l am married, and reside at No.
4, Clarence Cottage, Hackney, the same house in which
the prisoner resided. Sho lived with a man named White,
who left her, three weeks before the child died, with three
children—two girls and one boy. The boy was about 31
years old. I last saw the boy alive on Tuesday, the 22d of
September. The deceased was under the doctor's hands
for an abscess. On that day I went out about five o'clock
in the afternoon, and when I returned about six o'clock I
found he had been put to bed. Prisoner came home at a
quarter to eight o'clock. She went to that room. I heard
her go upstairs, and then I heard heavy slaps, as though
given with the open hand, but I heat(' no scream. After
that I saw prisoner come downstairs and go out, taking the
eldest girl with her. She returned in about half an hour, it
being then a quarter to nine. The following morning I saw
the eldest girl come downstairs, and at 20 minutes to 8 o'clock
I heard heavy slaps above. They were repeated five or six
times. I did not hear any scream or cry ? The prisoner was
then upstairs. About half-past 8 o'clock I heard prisoner come
downstairs, and saw her pass my window in a great hurry,
almost running. She came back in a quarter of an hour,
went upstairs, returned directly, and screamed at the top of
the stairs. I went to my door aid asked " What is the
matter ?" She replied, " Oh, my little Jemmy has gone."
I said, " Oh, dear mo ; not dead ?" and she answered, " Yes ;
go and see." I ran up. and saw the child with its clothes
on lying upon the bed. It was quite still. We both
went downstairs, and the doctor entered as I was going
out for assistance. It was then about a quarter
to 9 o'clock, When the doctor was there she said
she could not account for the bruises. I saw the
bruises then ; and after he had gone she told me that the
child had been very weak—relaxed in the inside. I have
often heard heavy slaps, never seen them given. On the
Tuesday the prisoner told me that during the past night
the child had been relaxed in his inside, and made much
mess. On the next day, Wednesday, she told me that the
child had made no more dirt, and she did not think ho
would again, as she had punished him. I asked "In what
way did you punish him ?" and she answered, " I took him
upstairs when the other children went to bed, and after he
was undressed and bad said his prayers, I tied him to the
bedstead, with his hands fastened down." I said, " Oh,
Lord, you surely did not keep him there all night ?' and
she answered " Yes, I did, until 7 o'clock this morning."
Cross-examined by Mr. Poland—The room I reside in is
a small one. A passage divides the room. I have two
rooms, one up, and the other down stairs. The prisoner
had another child besides besides the three I have men-
tioned living with her. White and the prisoner seemed to
live very comfortably together. I never saw her illtreat
the little boy Jemmy.
By the Judge—The general conduct of the prisoner to-
wards the children was kind, but she sometimes :dapped
them. She believed they had food enough.
Fanny White, sister of the deceased, said she was nino
years of age. She remembered her mother, who was dead.
Her father was a gentleman's servant. He left home three
weeks before her brother died. After her mother's death,
Mrs. Wiggins, the prisoner, came to live with them. Her
brother died on a Wednesday. On the evening before Mrs.
Wiggins came home and witness went up stairs to go to
bed, herbrother was in bed. Mrs. Wiggins went up, and hav-
ing found that the boy had been crying for water pulled him
out of bed and tied him to the bed-post. She made him say
his prayers, and then she got on tke bed and held him in
her arms. She then tied hint round with a cord. She tied
his hands behind him. She tied him to the long piece of
wood which crosses the bed at the bottom. There wore
four posts to the bed. She tied his hands and feet to the
bar, and she also tied a cord round his breast, his head
hanging down. (A model of the bed was produced. From
the description given by the witness it appeared that the
boy was tied up to the top bar, or cross piece of a four-post
bedstead, and that he hung on the cords which bound him,
his head hanging down). After she had tied up the boy
the prisoner got into bed. When witness awoke in the
morning little Jamie was still there. She frequently heard
him " winnick" during the night. She went down to light
the fire in the morning, and when she went up again her
brother had been taken down.. The prisoner took him up
and shook him, and then put him on the ground. Witness
could not tell whether the boy was living or dead at that
time. The prisoner went out, and the doctor came shortly
afterwards. A policeman came and witness went upstairs
with him. The child was then dead. The prisoner had
before that tied him to the bed-post with only his shift on
for making a dirt, and kept him there all night. On that
occasion, however, he was in a standing position. The pH-
goner often slapped her brother.
Nothing material was elicited by Mr. Poland's exami-
nation.
By the Judge—She saw her brother after ho was dead.
He had bruises en his face. She thought they were caused
by the slaps which the prisoner gave him.
Sarah White, a child apparently about six years of age,
confirmed the evidence of the last witness.
Mr. Edward Dennis Hucon, surgeon, of Richmond-road,
Hackney, said—l have attended the deceased child. Un-
questionably its death resulted from violence. I have made
a post mortem examination. I found the stomach perfectly
contracted, and manifestly without food for some time
past, although it had been well nourished. The immediate
cause of death I believe to have been by an effusion of
blood upon the brain. I found marks of ligatures round
the head, hands, and body. The jaws were firmly closed,
only to bo opened by great violence. The result
of a child being tied to a bed in the way described would
be apoplexy.
James White, the father of the deceased child, was called
and said he left the children in the charge of the prisoner.
She behaved very kindly to the children while he was at
home. He frequently sent her money.
This was the case for the prosecution.
The jury, after a few minutes' deliberation, found the
prisoner guilty of manslaughter.
The learned Judge said the jury had found a very proper
verdict. It had been the habit of the prisoner to treat the
child with the greatest cruelty, until at last death had re-
sulted from her unnatural treatment. The case was a very
bad one, and the sentence of the Court was that she be kept
in penal servitude for 10 years.
TRIAL OF DR. SMETHURST.
BIGAMY.

Thomas Smethurst was indicted for unlawfully and felo-
niously intermarrying with one Isabella Bankes, his wife
Mary being then alive.
Mr. Clark appeared for the prosecution, and Mr. Sleigh
aid Mr. Salter defended the prisoner.
On the indictment being read over, the prisoner pleaded
"Not guilty."
Mr. A. M'Crostie—l am clerk in the London and West-
minster Bank. The handwriting in the register is that of
the prisoner, Thomas Smethurst, whom I have known for
20 years.
The Clerk of the Court then road the entry from the
parish register, which was to the effect that Thomas Sme-
thurst was marrioa at St. Mark's district church, Kenning-
ton, on the 10th of March, 1828, to Mary Durham, by the
Rey. W. Otter, now deceased.

Mr. Clark said ho appeared there, by direction of the
Secretary of State for the Homo Department, to prosecute
the prisoner for bigamy. It would be unnecessary for
him further to allude to the case than to say that
in August last the prisoner was tried and sentenced
to death for murder, which sentence, however,
had not been carried out. It was during that trial that
the present offence was discovered, for it appeared then that
the prisoner married a lady named Isabella Bankes, forcaus-
in; the death of whom ho was indicted, during the lifetime
of his first wife, Mary. He should merely prove, what he
had stated by witnesses, and then ask for the committal of
the prisoner on a charge of bigamy.
The learned gentleman then called .
Mr. William Laster, who said—l am the*clerk at St.
Mark's Church, Kennington. I produce the registry-
book of marriages celebrated in that parish during the year
182 S.

Mr. C. Lafont--I am acquainted with the handwriting
of Mary Durham. The signature in the book is in her
handwriting.

Cross-examined by Mr. Sleigh—Mary Durham is my
mother. My ago is 52. The prisoner is not my father. On
the 10th March, 1858, my father was alive.
Re-examined—Mary Durham went by the name of
Johnson when she married the prisoner, and I also
went by that name. My father, Mr. Lafont, wont by
the name of Johnson. I did not know his name was La •
font until alter the marriage. After that event my father
introduced me to his family.
Charles Lafont, jun., son of last witness-1 have several
times seen Mrs. Smethurst (Mary Durham) at Rifle Ter-
race, Bayswater. The last time was about a fortnight after
the prisoner was taken into custody ou the charge of mur-
der.

Mr. Joseph Smith—l reside at Rifle-terrace, Bayswater.
I keep a boarding-house there. The prisoner resided with
me with Mrs. Smothurst in 1858. They lived as husbsnd
and wife. Miss Isabella Balms also resided there in 1858.
She quitted my holm on the 29th November, 1853. The
prisoner left on the 12th December, 1858. The prisoner's
wife continued to live in my house after he had left. She
remained until the Juno following. I don't know where
she went to when she left my house. I suppose she lived
somewhere in the suburbs
Cross-examined—l have never seen Miss Louisa Bankes
in conversation with her late sister and Mrs. Smethurst.
The deceased lady used to call the wife of the prisoner Mrs.
Smethurst, and so did everybody in the house.

Mr. James Spice—l am clerk of the parish church of
Battersea. I produce the register of the marriages cele•