The Sun.
London, England, 1859-07-27 00:00:00

MIDLAND' CIRCUIT.--LINCOLN, July 26.

Ann Whatmough pleaded not guilty to a charge
of murder of her male infant, at Covenham St.
Mary, on the 28th of June, 1858.
Connected with this case was another indictment
against Elisha Kirk and Lucy Kirk, who were
charged with aiding and abetting in endeavouring
to conceal the birth of the same.
Mr. Roberts conducted both prosecutions. The
prisoners had no counsel.
In his opening address the learned counsel cau-
tioned the jury against receiving as certainly true
all the statements it would be proved the prisoner
Whatmough had made, some of them having been
uttered under deep depression of mind. He then
stated the evidence in support of the case which he
afterwards adduced, which was in substance as
follows :—The prisonerWhatmough, on being taken
into custody, speaking, as she afterwards said, of a
man named Plumtree, said, " An old rascal, he
has ruined me and my family ; he is as bad as I
am, he told me to do it. He gave me the money
to get the stuff with. I bought it myself. I
made the instrument myself and used it myself.
He told me if I did not he should be exposed.
Let it cost what it would he would pay." On
being asked whom she meant, she said Plumtree.
She afterwards said, " I cannot say anything—l
will not say anything—against Tom."
The wife of Walters, a labourer, gave evidence
of statements made by the prisoner Whatmough,
who sent for her and said, " I have had a child, and
Kirk buried it," and afterwards, when in the in-
firmary at Louth, and thinking, as she said, that
she should die, the witness told her that she must
prepare to meet her God. She answered, " I have
my child to meet at the bar of God. You don't
know what I have on my mind." Witness
answered, " You have not to meet it—it was still-
born ; the child that is stillborn has no soul." She
answered, "It was not," and added, "It made a
skimmering sort of noise. I murdered it" She
then proceeded to say that she had taken stuff at
1. Plumtree's instigation, but that she had nobody
but herself to blame.

Another witness, Sabina Smith, also deposed that
five months before the 13th of April last, What-
mough had been at her shop in great distress, and
being questioned as to the cause, said, " I have had
a child and committed murder, and I cannot rest
without naming it to some one." She then made
a more detailed statement, mentioning that Mrs.
Kirk had sewed the body in a rag previously
to its being buried.
The jury acquitted the prisoner Whatmough of
murder, and returned a verdict of guilty of con-
cealment of the birth.
The evidence against the two Kirks consisted of
statements made by themselves, whence it appeared
that immediately after the death of the child both
had known the condition of Whatmough, and in
consideration of a pawn ticket, which enabled them
to obtain a small table, Lucy Kirk and Elisha
assisted in burying it in a pit in a field, where the
decomposed body of a child, wrapped in a cloth,
was discovered. According to the opinion of a
medical witness, it was a seven months child.
The two Kirks were found guilty.
Ann Whatmough was sentenced to one year's
and the two Kirks to six months' imprisonment.
The remainder of this day the Court was occu-
pied in trying the class of cases which appeared
to form a large proportion of the crimes of this
county. In the most revolting of these the grand
jury have, however, ignored the bill, charging the
full offence.
- Firth was charged with rape, committed
on Amy Jane Ranyard.
Mr. O'Brien was counsel for the prosecution ;
Mr. Flowers for the defence.
Amy Jane Bayard, aged 17, was said to be im-
becile, and consent on her part was alleged. She
was not called.
Mr. Justice Williams, after 'consulting with
Chief-Justice Erle, held that the proper course was
to have her examined as to her mental capacity by
three medical men.
Upon their reporting that she was of capacity
to consent, the prisoner was acquitted.

OXFORD CIRCUIT, STAFFORD, July 26.
CRIMINAL COURT.
(Before Mr. Justice Byles.)
Thomas Watkins, 21, puddler, Edward Acton,
20, puddler, Edward Fereday, 19, forgeman, and
Joseph Allen, 21, collier, were charged with the
wilful murder of a woman, whose game was al-
leged to be unknown, on the 29th of May, 1859,
at Tipton.
Mr. M'Mahon and Mr. Corbett appeared fox the
prosecution: Mr Kenealy defended the prisoners.
Mr. M'Mahon, in opening the case to the jury,
stated the facts at some length. From his state-
ment it appeared that on Thursday, the 2d of June
last the body of a woman was found in a disused
basin of the Birmingham Canal, called the No. 19
wharf, at Summerhill, in the parish of Tipton.
There was a bruise on the top of her head and
one on her left eye, ,but the body was
so much decomposed that the nature of
the supposed injuries on other parts of the body
could not be ascertained. The opinion of the sur-
geon was that the deceased had died of drowning,
but the learned counsel admitted that there was no
evidence to show that she had been put into the
water by the prisoners, or either of them.
Mr. Justice Byles said he had carefully read the
depositions, and he was of opinion that there was
no evidence to sustain the charge of murder.
A verdict of acquittal was then taken.
The prisoners and two other men were then put
on their trial for a rape committed on the deceased.
It appeared that this was one of the most shock-
ing and disgusting outrages which had ever been
committed, even in this county, notorious for crimes
of a savage and loathsome character. It is impos-
sible to detail minutely the facts of the case as they
were proved in evidence, but it will be sufficient to
state that the deceased, who was about 25 years of
age, was first seen on Sunday, the 29th of May, by
a man named Walker, who spent several hours in
her company, and treated her -to drink. There
could be no doubt that she was a woman of loose
character, and Walker had connexion with her in
the fields. A man named Jones afterwards joined
their company, and, after drinking at several pub-
lichouses, the two men went out and were fotLowed
by the deceased, and all three went together to a
place near the Shrubbery Tavern, where, in pre-
sence of Walker, Jones had connexion with her.
All the prisoners except Fereday were in the
Shrubbery Tavern, and they followed to the place
where the deceased and the two men Walker and
Jones were. The prisoners began to pull the
woman about, and Walker and Jones went away
for a watchman, and when Walker came back
they were all gone. At that time the woman was
intoxicated; and some time after, at half-past 11,
the prisoners Watkins and Allen were seen taking
her along.. Hurst-lane, saying that she lived near there
and they were going to take her home. The party was
followed along the road by three men, Priest, Par-
ton, and Bate, who stated that at about 12 o'ciOck
they heard a cry of murder, and going to the spot,
they saw the woman lying on the ground in a field
near the canal basin, and the four prisoners by her
side on-the ground. According to their evidence,
Watkins and Allen had connexion with the woman
in their presence, the woman resisting and crying
out; and as often as she cried out, Watkins or
Allen struck her on the face. The witnesses did
not at all interfere with the proceedings of the
prisoners, but if they were to be believed there
could be no doubt of the guilt of the four prisoners.
In addition to their testimony, there was evidence
of statements made by Fereday and Acton, before
the body was discovered, which left no doubt that
they took part in the outrage ; one of the prisoners
having stated that he was present and held the
woman while 16 men had connexion with her.
Mr. Kenealy addressed the jury for the pri-•
sowers, and contended that it was impossible to con-
vict the prisoners on the evidence of such witnes-
ses, who, according to their own account, used no
effort to put a stop to the outrage, and described
what they had seen and heard in such a manner as