The Sun.
London, England, 1859-11-30 00:00:00

THE CASE OF DAVID HUGHES.

The trial of this prisoner, who stands indicted for fraudu-
lent bankruptcy, has been postponed until next session.
CHILD MURDER.

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, tho same hou's'e` 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 3}
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 heard no scream. After
that I saw prisoner come downstairs and go out, taking the
eldest girl with her. Sho 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 and asked " What is the
matter ?" She replied, " Oh, my little Jemmy has gone."
I said, " Oh, dear me ; notdead ?" 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 mo 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 ma 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 ho
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 resido in is
a small one. A passage divides the room. I have two
rooms, one up, and tho 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 slapped
them. She believed they had food enough.
Fanny White, sister of the deceased, said she was nine
years of age. She remembered her mother, who was dead.
Her father was a gentleman's servant. He left home throe
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 theboy had been crying for water pulled him
out of bed and tied him to the bed-post. She made him sal,
his prayers, and then she got on tke bed and held him in
her arms. She then tied him 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 were
.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
•ccasion, however, he was in a standing position. The pri-
soner often slapped her brother.

Nothing material was elicited by Mr. Poland's exami-
nation.

By the Judge—She saw her brother after he was dead.
He had bruises on 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, an I 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 ligature round
the head, hands, and body. The jaws were firmly closed,
only to be 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 at home.
He frequently sent her money.
This was the case for the prosecution.
Wo shall give the result of the trial in a later edition.

NEW COURT. •
(Before the Recorder.)
THE ASSAULT ON THE BRIGHTON AND SOUTH •COAST

RAILWAY.
Mr. Jacob French, watchmaker, surrendered to his bail
to answer a charge of assaulting Maria Astell in a carriage
on the Brighton and South-Coast Railway.
Mr. Robinson appeared for the prosecution, and Mr.
Sergeant Ballantino, Mr. Giffard, and Mr. Ribton for the
defence.

The defendant pleaded not guilty.
Mr. Robinson, in opening the case, said he appeared on
the part of the Brighton and South-Coast Railway Com-
pany to prosecute the defendant, who was a married man,
and a person of great respectability, carrying on business
at Cornhill as a watchmaker. The prosecutrix was a

' young lady of great respectability, and it was while an ex-
gursion train was on its return from Brighton to London
that the assault which led to the present indictment was
committed. The learned gentleman then Called
Mr. W. Astell, who said—l reside at London-road,
Brighton. My niece, the prosecutrix, came down to me on
the Sunday, 30th of October, by an excursion train. On her
returning to London I went to the Brighton terminus, and
saw a gentleman who I know now to be the defendant. I
asked what time the train would arrive at New •cross, and
he then said if the young lady was going there he would
see her there safely. He said I need have no fear as he was
a respectable man and the father of a family.
By Sergeant Ballantine—l am not directing the prosecu-
tion. I have had nothing to say one way or the other.
1 (Miss Maria Astell said—On Sunday the 30th of October
I went to Brighton in the excursion train at six in the
evening, on my return to London. I saw Mr. French at
the Brighton terminus. I and Mr. French got intcra third
class carriage. There were other persons present. After

the train started we began to talk about the country and
afterwards love, he remarking what a nice place a
railway carriage was for young men. He then tried
to, kiss me, and put his arm round my waist.
He afterwards placed his hands in a very indecent
manner on my knees. I complained of his conduct, and
said I would mention the treatment I had received when
the train stopped. He asked me to forgive him. When
the train arrived at Three-bridges I spoke to the guard, and
I was put into another carriage. On arriving at New-cress
the charge was made against Mr. French. He offered me
£lO, £2O, or £3O to compromise the affair. He said he was
a respectable merrier] man, and such a charge would greatly
injure him. When I got home I told !my aunt, and de-
cided, in ;order to avoid exposure, not to proceed further
in the matter.
Cross-examined by Mr. Sergeant Ballantine—l thought
that the/gentleman having been locked up it was sufficient
punishment. The defendant put his hand on my knee
outside my dross. The moment I remonstrated the defen-
dant apologised for what he had done. I don't recollect
his saying the did not intend any insult. There was no
light in the carriage. I did not intend to prosecute. I
have received a sum of money, and it was not intended to
press the charge further. Tho money has been spent. I
know a constable named Carpenter. 1 went down into
Warwickshire in order not to have anything further to do
with the matter. As far as I was concerned I considered
it settled. I don't know whether his hand was placed on
my knee by accident. I believed at the time he meant to
'insult me.

Re-examined by Mr. Robinson—l was persuaded to take
the money. Defendant made no remark when he placed
his hands on my knee.

Mr. Penny, the guard_of the train, said—l saw the young
lady on the night in question. She was crying bitterly.
She said a gentleman (pointing out Mr. French) had been
taking liberties with her. I put the young lady in another
compartment, and locked the door of the carriage in which
defendant was riding until we arrived at New. cross.

Police-constable Smith said—l was on duty atthe New-
cross-station on Sunday, Oct. 20. The young lady gave
Mr. French in custody for an assault in a railway car-
riage. He replied, " For God's sake, don't do it; it
will be the death of my wife and my utter ruin." The
young lady said her uncle would be very angry with her if
she did not do so. He said, "For God's sake do not say
so." He then again said he had done very wrEng. He
offered the young lady £2O and £lO to any charity if the
charge was withdrawn.
George Cookson said—l had charge of the New•cross
station on the night in question. The prosecutrix com-
plained to me of the conduct of Mr. French, and I took
them both into my office. Mr. French said he was very
sorry. The complainant said, " I gave you no liberty, and
you had no right to take liberties with me." Mr. French
then said he was very sorry for what he had done.
Mr. Sergeant Ballantine then made a very forcible
appeal to the jury for the defendant, and said it appeared
to him as if the act had been done without any impure
feeling, and if the jury should be of that opinion, it would
be their duty to acquit the defendant.
A long list of witnesses were then called, amongst whom
were the following :
Mr. William Archer said he had known Mr. French for
25 years, and during the whole of that time his character
for morality and probity had been irreproachable, both as a
father and husband. He was the last man who he thought
would be guilty of any act of indecency.
Mr. W. Bartholomew, solicitor, of Gray's-inn, said ho
had known the defendant from childhood. His conduct as
a father was irreproachable, and morals exemplary.
The Rev. H. Niven, clergyman, had known defendant
for 18 years. Had never known him utter an immoral word
during that time.

Mr. James Jones, solicitor, of Doncaster, had known the
defendant for 30 years, and considered him quite incapable
of doing anything improper. His moral character was
irreproachable.

Mr. John Poole, architect, of Guildford-street, Russell-
square, had known the defendant for 20 years, during the
whole of which timo he was of the highest respectability.
The learned gentleman was proceeding to call a number
of other witnesses, when

The Recorder said he did not think it was necessary to
proceed further with witnesses as to character, as it was
clear the defendant was a person of the highest respecta-
bility.

Mr. Ribton said, under such circumstances, ho should
not trouble the jury further.
The Recorder then summed up the evidence, and after a
short deliberation the jury returned a verdict of guilty of a
common assault, but strongly recommended him to mercy.
Mr. Robinson, on the part of the prosecution, joined in
the recommendation. ,

The Recorder said before he passed sentence he wished
to consi ler the subject. The defendant might be admitted
to bail to appear to-morrow morning to receive sentence.

CHARGE AGAINST MR. lIENDERSON FOR MISDEMEANOUR.

An indictment was preferred against Mr. Henderson, a
surgeon, charging him with dissuading Miss Astsll from
giving evidence in the case.

Miss Astell was then called, and said she saw Mr. Hen-
derson respecting the charge against Mr. French on the
morning after it occurred. He referred to the assault, and
asked what sort of an offence it was, and I told him. [The
witness here burst into, tears, and was incapable for some
minutes of further exariiihation.] The defendant, Hender-
son, offered me £8 not to appear. He said it was all settled.
and I need not trouble myself further. I did not attend. Mr.
Henderson remained about half an hour. A paper was served
upon me. I gave it to Mr. Henderson. He did not return
it. I never saw it again. I can't say whether the paper
produced is the same one. Carpenter brought it. Mr.
Henderson called again on the Tuesday. I told him about
the paper, and he said I was to go away ; and I think he
said the summons was a mere nothing. I again saw him,
when he said he thought it would be better for me not to
go away.

By Mr. Giffard—He asked me if it was a serious affair'
I said "No," and ho then gave me the £B, which I re-
ceived as compensation.
The Recorder stopped the case, and said the charge
could not be supported, and that being so,. they would re-
turn a verdict of not guilty.
The jury did as the learned Recorder directed, and Mr.
Henderson left the Court.

SPORTING INTELLIGENCE.

PROGRAMME OF CROYDON STEEPLECIIASES.
FRIDAY, DEC. 2.

The Grand Open Steeplechase Handicap of 15 soya each,
10 ft., and only 3 if declared, with 100 added; the win-
ner of the Hunt Cup Steeplechase, or the Grand Open
Steeplechase, at Windsor, IMb ; the second in either of
such races or the winner of any other race after weights
are declared, 51b extra; four miles.
et lb et lb
Brunette (lato Chance) _ _ _ The Curate_ _ 10 0

(incl. 51b extra) ll 12 Tumbler (late Salo-
Abd-el-Kader
Goldsmith (in. Mb ex.) 11 4 Blemish lO 0
Longford
Romeo
Omar Pasha lO 3 Dayton
Triton
Corkscrew lO 2 Topsy' 9 7
Shylock lO 1 Contention 9 2
The Tartar