The Sun.
London, England, 1844-08-26 00:00:00

SUMMER ASSIZES.

NORTHERN ClRCUlT.—Liverpool, Aug. 23.
CROWN SlDE.—(Before the LORD CHIEF BARON.)
Eliza Daley, James Daley, and Elizabeth Daley, were
indicted for attempting to murder a new-born infant.
Mr. Armstrong, assisted by Mr. Ifulton, conducted the
prosecution, and Mr. Wilkins the dofence.
Mr. ARMSTRONG having stated the case to the jury,
Mr. HELTON called
Eleanor Evans, who stated that she lived at 34, Be-
dale-street, Manchester, and kept a lodging-house, and
the three prisoners, who were mother, son, and
daughter, rented apartments from her. The female
prisoners slept in the same bed-room with witness, and
James Daley occupied a room to himself. Witness ob-
served that the younger woman, Eliza Daley, ap-
peared to be pregnant, and remarked to her, that it
was so said by all the married women in the neigh-
bourhood. She had also spoken to the mother relative
o the state in which her daaghter was supposed to be,
and she (the mother) said it was nothing of the kind ;
she had a complaint of dropsy before she left Ireland,
and that she had had two other daughters who had
died of the same complaint. On the afternoon of the
25th of July, the two women in company went out,
and remained absent until seven o'clock in the evening ;
and when they returned, Eliza Daley went immediately
up stairs, and the witness following shortly afterwards,
perceived that she was undressing herself, and remarked
to her that it was an early hour for her to be going
to bed. Eliza replied, " Yes, but I sun rather unwell."
Eliza Daley, having undressed herself; went to bed, and
the mother took up a cup of coffee. About half-past ten
o'clock witness had occasion to go into the bed-room,
when she found Eliza Daley sitting on a box at the foot
of the bed, having on at the time a green striped dress.
Witness said, " Miss Daley, what are you doing out of
your bed ?" and she replied, " I ans not well, and have
got up," and she then jumped up and ran down stairs,
and shortly afterwards witness heard the back door
opened, and some one go out. Witness, after a little
lapse of time, went down stairs, and found that Eliza
Daley had gone into the privy, in which she re-
mained upwards of half an hour, when she was called in
by witness. Witness about eleven o'clock went to bed,
leaving the two female prisoners in the parlour, and
shortly afterwards she heard some one come in at the
front door, who proved to be James Daley. About
twelve o'clock the son and mother came up stairs, and

witness asked Mrs. Daley where her daughter was, and
she replied that she was sitting in the kitchen. Witness
said, " It's a main poor excuse ; I must go down and
look after her." Mrs. Daley said, "Don't, my dear;
I'll go." Witness said, " I feel alarmed ; I must
look after you both." Mrs. Daley made no reply,
but got into bed, and witness shortly afterwards heard
an infant cry. Her nephew, John Roberts, brought
a candle, and she went down stairs, and found
Eliza Daley sitting in the kitchen, and from the
appearances near to the place, she found that she
had been in labour. Mrs. Jackson was called, and
Eliza Daley said, " What do you want here ? go
to your bed," and she then swore. James Daley came
down stairs, apparently much confused, and asked for
an explanation of what was going on. He was told that
his sister was in labour, and he exclaimed, "It's a mis-
take ! 0, my life and my character !" The elder Daley
said it was not true that her daughter had had a child ;
she was suffering under a complaint of which two of her
daughters had died, and the appearances were caused
in consequence of the great quantity of medicine she
had taken, and said it was unkind of witness to expose
the girl before her sister. James Daley begged hard of
witness to be as silent as possible, for he believed it to
be altogether a mistake. From what his mother had
said witness went up stairs, and found Eliza Daley in
bed, and requested her to confess whether or not she
had had a child, for if she had had one, every attention
should be paid to her. She (Eliza Daley) said it was
nothing of the sort ; swore at them, and requested that
they would go to bed. Some time afterwards Eliza
Daley exclaimed, "0, what shall I do ?" and her mother
requested her to be quiet. Witness, on awaking in the
morning about six o'clock, found Eliza Daley sitting up
in bed changing her clothes. The mother was not there
at the time, but came in shortly afterwards, and took
away some foul linen and a green dress. Eliza Daley's
clothes were placed together, as though she had con-
te inplated leaving the house. Eliza Daley was taken
into custody.
Several witnesses were called to depose to the facts
mentioned by the witness, and that the elder Daley early
on the morning named in the indictment was endeavour-
ing to gain access to a privey, having with her at the
time a bundle.

Peter Smith, a night-soil man, stated, that on the
morning of the 26th of July he found the body of a
male child, wrapped in a cloak, lying on some ashes in a
midden.

Mr. WILKINS proceeded to address the jury on behalf
of the prisoners, when
His LORDSHIP interrupted the Learned Counsel,
stating that ho wished to consult Mr. Justice Cresswell
on the subject of the indictment.
On his Lordship's return into Court, he said he
thought it his duty, in order that justice might be done,
to stop the proceedings. He had looked at the indict-
ment with some care, and had found that it was founded
on a statute that, whoever should attempt to drown, or
suffocate, or strangle, with intent to commit the crime
of murder, should, although no bodily injury should be
occasioned, be held to be guilty of a felony. In the in-
dictment there was no other crime whatever charged ;
and it was his duty to tell the jury that, what-
ever they might
,think of the misconduct of the
prisoners, there was no evidence whatever of an
attempt to suffocate or drown. If the child had
been placed in the midden-hole, without the
person so placing it there having a knowledge of
what was on the other side of the wall, this would not
be a legitimate mode of construing the statute ; and on
the other hand, supposing that the person placing the
child there was acquainted at the time with what was in
the midden-hole, it then must appear that they had se-
lected the dry ashes to put it upon a place of compara-
tire safety and not of danger. There was another diffi-
culty also which presented itself. It was necessary that
it should be shown who was the person placing the child
in that situation, and of this fact there was altogether
an absence of evidence. His Lordship, after some re-
marks relative to these points, said he should not order
that the prisoner should be liberated, as an indictment
in a different form might be presented.
A verdict of Not Guilty upon this indictment was then
taken.
Alfred Locke, Thomas Jennings, and Ellen Leech were
charged with having committed a burglary on the night
of the 21st of July last, in the house of Deborah Taylor,
and stolen therein upwards of 300/. in money, and some
silver plate, her property.
Mr. Brandt and Mr. Monk conducted the case for the
prosecution; and Mr. James and Mr. Wilkins defended
the prisoners.
The prosecutrix is a widow, and keeps a public-house
in Salford called the Nelson Arms. The front of
the house looks into Chapel-street, and the back into
Sidney-street. On the evening of Sunday, the 21st of
April, Mrs. Taylor's bedroom was noticed to be in a
state of safety, and the bookcase, in which the money