The Sun.
London, England, 1850-01-10 00:00:00

to be drawn from the evidence, he submitted that their

Lordships ought to adopt the inference most favourable

to the prisoner.
Mr. Justice PATTESON was of opinion that there was
some evidence of reputation, and that there was some
evidence of the child being born a bastardl; and he
thought, moreover, this was a matter to go the jury.
Mr. COLLIER then proceeded to address the jury en
behalf of the prisoner. He said the duty of an ad
vocate in cases of this kind was at all times a painful
and distressing one. While, on the one hand, he could
not but feel deeply the responsibility he owed to his
client, whose lite was entrusted to his hands, he could
not, or ought not to, forget that his duties to his
client did not absolve him from those paramount
duties which all men owed to society. This case
was a peculiarly painful one to them all. They were

called u-pon to contemplate a crime, the very first con •
,ideration of which raised the most acute fe, lings in the
human breast. That crime was not merely a violation
of the laws of God and man, but it was a vioktion of one
of the strongest instincts which had been implanted in
the human breast, and which had not even been
denied to the brute creation. That was the instinct

of maternal love, of which the most abandoned
of women could not entirely divest themselves, for it was
well knots n that in their deepest degradation they were
yet tenderly compassionate to their offspring. In de-
picting the blackest of female characters, the greatest of
poets had added one touch of humanity, of which she
could not denude herself. He made Lady Macbeth say—
"I have given suck,
And I know how tender it is
To love the babe that milks me."
They were called on to believe that the Almighty had
deprived the wretched creature in the dock of that in-
stinct which be had given to the inferior animals; they
were called on to behove that she committed this act iu
her sober senses and with deliberation. He submitted
that the counsel for the prosecution were bound to
prove not only that the prisoner committed the murder,
but that while she did it she was iu possession of her
whole mind. Whether or not mental alienation
might be admitted as a defence before this
world's tribunals, they had the greatest reason
to believe that that greatest of all evils, aberration of
mind, would be a plea admitted before a higher tribunal,
before which they would all have to stand. Was it
shown that the prisoner possessed any ferocity of cha-
racter? So far as the evidence went she appeared to
have been a gentle and inoffensive being, injuring
none, although suffering the deepest injury
which a woman could receive at the hands of
man when he made her the victim of seduction.
Was she without a mother's feelings ? The evidence
for the prosecution bad shown she possessed strongly
that maternal instinct common to alt mothers. It had
been proved- that so far from being indifferent to this
child, she had exerted herself to the utmost to maintain
it, and that she took every care with respect to the pro-
vision to be made both for its health and its spiritual
welfare. She might have di stroyed it, if she had been
so disposed, before she took it to Mrs. Johnson.
She agreed to pay six shillings a week for its
maintenance, when she might have had it kept for
half that sum. The Learned Counsel then adverted to
certain rumours prejudicial to the prisoner, which had
been circulated by the newspapers. He was far from
undervaluing the services which the press rendered to
the state, or a certain censorship which the press as-
sumed, and rightly assumed, to some extent over the
consciences of juries. But all advantages had their
corresponding evils, and one of the evils incident to the
press was, that in every case of peculiar interest re-
marks and reports found their way into the
newspapers to the great prejudice of persons who were
brought before the public tribunals to answer for the
commission of crime. There had been reports circu-
lated by the press against the prisoner, net one of which
had been given in evidence to-day. He implored the
jury to dismiss all such rumours from their minds and
apply themselves selely to what had been made matter
of evidence. Was it true that the prisoner up to the
time when this deed was committed had the
ordinary feelings of a mother ? Was she
attached to the child or was she not ?
According to the evidence on the part of the prosecution,
this child was the off,pring of shame, the memorial of
her own frailty and the wickedness of another. She
had, nevertheless endeavoured to conceal her shame;
though she had not escaped the gulph which awaited
every woman who left the paths of virtue, she had not
wholly fallen, and she had contrived to keep herself
comparatively uncontaminated by endeavouring to sup-
port herself and her child, and to re-establish her repute
Sion. The Learned Counsel submitted that this act was
contrary to all female instinct, and the only reasonable
and just construction to be put upon it was, that it was
committed by the prisoner in a moment of frenzy, dis-
traction, and despair. It was not his intention to call
medicaltrl jai' neui
t:Ttnineeghdetrpeoetwycoaisatspseowsae:tateyehlkrieis tndkoheenal
eitheedbswebe
result
deliberation
eftihni
fat
oaoeantmne
thiseqoprau
acquitted
prisoner's
dait
tterihyde stateefdwoe
rrtwhooeofhesp
testimony
permanent
doe danr
c.
nyotennihnlo
the
crimes with which they had been charged
av'mn
insanity.awcttsdhtcieofedoma
contended that there was nothing to show any delibera-
tion or previous intention to take away the life of this
unhappy child, but that the deed was committed in a
moment of temporary frenzy, and in a state of horror
and despair, through which loomed the prospect of want
and privation. Need he mention to the jury how many
good and pious men had committed suicide, or taken
away the lives of their children in a moment of
frenzy ? He might, however, cite the case of a man
who was one of the greatest ornaments of his (Mr.
Collier's) own profession, the late Sir Samuel Romilly,
who, iu an hour of deep domestic bereavement, laid
violent hands upon himself. If the reason of a man
I like Sir Samuel Romilly bad been shaken from its
balance under misfortune, what might they expect
of a frail tottering woman, like the prisoner,
under kindred circumstances? He repeated that
the only solution which could be put upon the prisoner's
conduct was that she did the deed in a moment of tem-
porary frenzy. In conclusion, he reminded the jury
that the fate of this woman, now borne down with phy-
sical and mental suffering greater than earthly tribunals
could inflict, was in their hands, and might Ged lead
them to a just and merciful conclusion.
Mr. Justice PATTESON summed up the case to the
jury, telling them that with respect to the suggestion of
A few minutes before five o'clock the jury retired to
stemporaryinter i
innssaanni
tyya
firto
mc otuhled a nt
reovceirt y b a just
oe f a
crime. onclu-
consider their verdict, and after being absent abuut a
insanity.
T
dqiucatrtoefr ofx OaTn hGouuriLreTtyur,neodn it nhteo
gc or
ouhr te
da nedf
gtaevmepao rvaerry-
the
Mr. Justice PATTESCN then directed the prisoner to
vhearopierti.soner fainted away on the announcement of
be confined during her Majesty's pleasure.