The Sun.
London, England, 1850-01-11 00:00:00

some evidence of reputation, and that there was some
evidence of the child being born a bastard ; and he
thought, moreover, this was a matter to go the jury.:
Mr. COLLIER then proceeded to address the jury on
behalf of the prisoner. Ile 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 life was entrusted to his hands. lie 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 upon to contemplate a crime, the very first con-
sideration of which raised the most acute feelings in the
human breast. That crime was not merely a violation
of the laws of God and man, but-it was a violation 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 known that in their deepest degradation they were
yet tenderly compassionate to their offspring. Jo de-
picting the blackest of temale characters, the greatest of
poets had added one touch of humanity, of which she
could not denude hersilf. He made Lady Macbeth say—
"l 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 he had given to the inferior animals; they
were called on to believe that she committed this act in
her sober senses and with deliberation. He submitted
that the counsel for the prosecution were beund to
prove not only that the prisoner committed the murd-r,
but that while she did it she was in possession of hor
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,
befine which they would all have to sand. 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, injuri©g
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 had shown she paseessed strongly
that maternal instinct common to all 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 c ire with respect to the pro-
vieion to be made both for its health and its spiritual
welfare. She might have destroyed it, if she had been
so disposed, before she took it to Mrs. Johnson.
She agreed to pay six shillings a week fur its
maintenance, when she might have had it kept for
half that sum. The Learned C.ainsel then adverted to
certain rumours prejudicial to the prisoner, which had
been circulated by the newspapers. Ile was far from
undervaluing the services which the press rendered to
the Mato, 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
ncerspipers 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, not 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 solely to what had been made matter
of evidence. Was it true th it 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 offspring of shame, the memorial of
her own frailty and the wickedness of another. She
had nevertheless endeavoured to conce d her shame;
though she had nut escaped the guiph 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 reputa
tion. 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
medical men to speak to the prisoner's state of mind. It
was for juries to say in cases of this kind whether the
act committed was the result of temporary or permanent
insanity. They well knew that on the testimony of
medical men prisoners bad been acquitted who bad com-
mitted crimes with which they had been charged
with the greatest deliberation and ferocity. He
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
frerzy ? 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, in an hour of deep domestic bereavement, laid
violent hands upon himself. If the reason of a man
like Sir Samuel Remaly had been shaken from its
halftime 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 God lead
them to a just and merciful conclusion.
Mr. Justice PATTESON summed up the ease to the
jury, telling them that with respect to the suggestion of
temporary insanity, it •could never be a just conclu-
sion to infer insanity from the atrocity of a crime.
A few minutes before five o'clock the jury retired to
consider their verdict, and after being &"sent about a
quarter of an hour, returned into court and gave a ver-
dict of Not Guilty, on the ground of temporary
insanity. _ _ _

The prisoner fainted away on the announcement of
the verdict.

Mr. Justice PATTESCN then directed the prissoner to
be confined during her Majesty's pleasure.

NEW COURT.
(Before the RECORDER.)
John French, 28, labourer, was indicted for steal-
ing a mare, valued at 181., the property of Anthony
Morris.

Mr. Platt prosecuted, and from his statement it
appeared that the mare, which is the property of the
prosecutor, a draper, at Brentwood, was on the Ist of
December safe in a field at that place, and, being
missed, handbills were issued giving a descrption of it.
Nothing was seen of it until the 14th, when the pri-
soner was seen at a public-house near Edgeware with
a mare answering the description of the one lost.
The policeman who observed him, having his suspi-
cions aroused, referred to the handbills, and, being
convinced that it was the stolen mare, asked the pri-
soner about his possession of it, when he took the
mare and would have made off with it but was at
once taken into custody. He then gave a false
address, and also made several statements about how
he got it, all of which proved to be untrue.
The prisoner's defence was that the mare had been
intrusted to him to sell.
The jury found him Guilty, and he was ordered to
be transported for 10 years.
George Poynder Hall, 29, described as a clerk, a
dissipated looking youth, was indicted for stealing a
coat, pair of trowsers, and waistcoat, valued at 31. l b.,
the property of Charles Samuels and another.
Mr. Parry appeared for the prosecution, and Mr.
Payne for the defence.
It appeared that the prisoner bad gone into the
shop of the prosecutor, who i 3 a tailor of Ludgate-
hill, and selected a coat, and gave orders for the other
articles, and desired them to be sent to some place
where he was lodging. When the articles were sent
home a young woman took them in, and told the lad
who was sent with them to leave them and go to the
prisoner's father, whose address she gave, for the
money, having previously taken the things into an-
other room ; the boy, however, refusing to leave
without the money, the prisoner made his appear-
ance, dressed in the clothes, and took the boy with
him to where his father lived, but he refused to see
him, and he then went back to prosecutor's and told
him that his ather must and would pay for them.
Prosecutor requested the clothes might be restored to
him, and prisoner refusing, a constable was called,
and he was given into custody.
Tne prosecutor's foreman said, that no stipulations
were made about the payment when the order was
given.
The RECORDER said that put an end to the felony,
and he was surprised that any magistrate should have
sent it for trial. He could not help censuring the
conduct of tradesmen in supplying the real or imagi-
nary wants of a parcel of spendthrift minors, and then,
when they could not get payment, adopting criminal
proceedings, in the hopes of wringing it from parents
and guardians.
Mr. PARRY begged his Lordship would withdraw
his censure from his client, who was a highly
respectable tradesman and had been compelled to
prosecute.
The prosecutor said, he had no wish that the case
should go for trial ; but the alderman had said it was
a serious one, and must go for trial.
The RECORDER said, that he did not censure Mr.
Samuels, who most probably had not been rightly in-
formed of the nature of the order given by the pri-
soner to his foreman ; still he would repeat that
tradesmen were generally too ready to trust minors
under the hopes (,f fircin4 payment from their parents.
Toey should make inquiries before they parted with
their things, as the inischirf was then done. Toe
eourse the prosecutor should pursu,t was to appear
a.gainq the prisoner in the Insolvent Court if he
found his way there, and so insure him a good dose
of imprisonmtfnt fir fraudulently contracting debts
lie had not the means of paying.
The RECORDER, having given the youth a lecture
upon his dishonest behaviour, and cautioning him
as to his future conduct, he ordered him to be dis-
charged.