The Sun.
London, England, 1859-08-18 00:00:00

PRICE 4D. STAMPED, P.

statement in the declaration was, that the parties
agreed to live apart, which was, in point of law,
no consideration at all. It was merely an agree-
ment that they should not do an immoral act. An
agreement not to cohabit was merely an agreement
not to do an immoral act. According to the plain-
tiff's case, if a man promised another that if he did
not do an illegal act he would give him £5 a week,
he would be bound by the promise. Nonsense !
But the case had not been proved in point of fact.
The thing was absurd. £5 a week was £260 a year,
and the unhappy Frenchman was to be liable for
that for life. Stuff!
Mr. Cole asked whether hii lordship would give
him leave to move, and called attention to a dictum
of Mr. Justice Pattison ; but his lordship said he
certainly should not do so. His ruling was on the
ground that the case had not been proved.

THE TIMOICAL OCCURRENCE AT

BALL'S POND.

Yesterday afternoon the adjourned investigation
as to the death of Miss Elizabeth Freshfield, said
to be the daughter of the Mayor of Harwich, was
resumed before Mr. Wakley, at the Mildmay
Tavern Ball's-pond-road.
It will be remembered that the deceased lady
occupied apartments with Mr. Clement John Car-
nell, whose wife she passed for, at'Mr. Webster's,
at No. 65, Mildmay-terrace, and that, on the morn-
ing of Sunday week last, she died, in the presence
of two medical gentlemen who had been called in,
as was afterwards discovered, from the effects of
frightful lacerations, produced, it was believed, by
instruments used by Mr. Carnell, in an attempt to
-procure abortion. On the fact of her death being
communicated to ger supposed husband, the un-
fortunate man rushed out into the garden, and after
groaning and running about in a frantic manner,
cut his throat with a razor, and fell dead in the
presence of the landlord, who endeavoured to pre-
vent him from committing the dreadful act. The
inquest was opened upon the bodies of both the de-
ceased persons, and in the case of the male con-
cluded in a verdict being returned, to the effect
that he had committed self-destruction in a moment
of frenzy, caused by the death of the other de-
ceased, in whose case the inquiry was adjourned,
for the purpose, if possible, of discovering the in-
struments which had been the cause of her death.
On the re-assembling of the jury,
Sergeant Crisp, 3 N, said he had searched every
part of the premises, and, assisted by a bricklayer,
had also thoroughly searched the drains leading
thereto, but no surgical instruments had been
found. He had nothing further to communicate.
Mr. Freshfield, brother to the deceased lady, in
reply to the Coroner, said he had no additional tes-
timony to offer.
Mr. Wakley said it would be remembered that a
small box containing letters had been placed in his
hands at their last sitting. There were only three
in any way berring upon the present case, from
which he proposed to read extracts. They were
each addressed to Miss Freshfield, and Mr. Fresh-
field having identified the handwriting as that of
the deceased, Mr. Clement John Carnell, the
Coroner read them. They were as follows :
" June 2, 1859.—1 was much pleased to hear that
you were happy within yourself, and I hope you
will continue to be so, as your continual worrying
yourself tends to prevent your object and your re-
covery. If you find it necessary take some more
of the same medicine."

" June 6, 1859.—Darling,—If you find the medi-
cine makes you sick take less of it, and not on an
empty stomach, as it is then more likely to make
you sick."

On the third letter there was no date, but it
contained the following :
" I hope, dearest, the note arrived all safely en-
closing the medicine. Tell me in the next how
your last medicine agreed."
The Coroner observed that these letters showed

that the deceased lady had been taking medicine
under the guidance of the male deceased. The ques-
tion, however, to be decided was, whether the in-
juries that caused the death of the unfortunate lady
were inflicted by herself or by the male deceased.
If by the latter he had been guilty of the crime of
wilful murder. He could not in this instance pcint
to a single part of the evidence that did not show
Mr. Camel! to be perfectly rational up to the time
of Miss Freshfield's death. There was no possible
doubt but that she died of haemorrhage produced by
an attempt to procure abortion, and that a wound
was thus made two inches in length and of a most
frightful character. He feared the jury could come
to but one conclusion, and that was that Mr. Carnell
had committed this shocking act. That being the
case, although the deceased lady was a consenting
party, it did not alter the fact in law, that the man
alone was liable for the offence, and if Clement
John Carnell in this attempted to procure abortion
he was
.guilty of the crime of wilful Inurder.
The jury deliberated for about three-quarters of
an hour, and ultimately returned a verdict, " That
Elizabeth Freshfield was wilfully murdered by
Clement John Carnell."