Star.
London, England, 1829-05-11 00:00:00

SOMEBODY V. RtiVIES.

Mr. Serjeant TADDY moved for a rule to show cause
why the verdict found for the plaintiff should not be
set aside, and a new trial had, on the grounds—first,
that the statements of a testator bad not been admitted
to vary the provisions of his will; and secondly, that
evidence of the character of the subscribing witnesses
had been admitted on the trial.

The Court observed that the admission of statements
made by a testator to vary his will, would have a most
Mischievous effect. They might be made in passion, in
sickness. where of course the testator could not be said
to be capable of judging. Besides, it was contrary to
the rules of evidence. The will of the testator was to
be put into effeci, and the best evidence of that sill was
the document 4hich be bad himself firmed. As to
the second ground of the motion, if an imputation were
cast on the subscribing witnesses to a wiloothing could
be more fair than that evidence should be given to
show that the character of the witnesses was such as to
place their integrity above suspicion. The witnesses,
from the lapse of time, could not be called, and, time-
line, some such root as this must be adduced for the
purpose of showing the probable validity of the will.
Their Lordships therefore rejused the rule.

LEEDS BOROUGH SESSIONS, MAT S.

EXTRAORDIN ARE CARR 07 CHILD STRALINO.

lionnal Atherton, the wife of Mr. William Atherton,
hardwareman, of Odey, was charged with stealing •
male infant child, of the age of five weeks, the son of
Samuel Lee. a cloth weaver at Woodhouse, near Leeds.
The prisoner was a well dressed, respectable, matronly
woman. She appeared to be greatly agitated during
the reading of the indictment, and at the request of her
Counsel, was allowed a chair.
' Elisabeth Lee stated, that she was the wife of Charles
Lee, a cloth weaver, at Woodhouse; she had been con-
fined early in December last of a male child; witness
knows the lady at the bar; she saw her, for the first
time, on Sunday, the 11th January; sbe said that the
prisoner (whose name she did not then know) told her
that sbe had been desired by two Ladies to call and in-
quire into her circumstances. Witness told her that
she had been much distressed, and if it had not been for
the goodness of the Ladies, she would have been much
worse off. On the following day, this Lady came
to her house again, and told her that she came
with Mrs. Smith's compliments, and with a message,
which she said would be best explained by reading
a letter, which stated that Mrs. Smith sent her
compliments, and requested that she would let Mrs.
Carroll have her child for a month or two, as she had
lost her child, and was in danger of suffering from a
milk fever, and unless she could have another awn to
supply its place foi a month or two, she would die. The
Lady added. that thechild would be well taken care of,
and said, that if she lost her milk, a nurse would be pro-
cured for the child. The witness asked the prisoner if
the Mrs. Smith mentioned in the letter was Mrs. George
Smith, of Little Woodhouse? The Lady said she
was the person; and witness said she durst bust her
life in her hands. Mrs. Atherton thee produced a
dress, which the witness put upon her child, instead
of the clothes it had on. The lady gave her a sovereign,,
and witness accompanied her to the top of Woodhouse-
moor, when she gave her the child. Witness said, from

• • -
inquiries which she made at re.--George Smith's, she
was induced immediately :u set out search of her
child, which she found at the prtsoner's lodgings in
Woodhouse-lane. about. half-past one o'clock. The pri-
soner had the child in her lap. and was apparently in
the act of suckling it. Witness exclaimed so That is
my child;" the prisoner said," No, it is mine." Witness,
however, took the child from her, and put it to her
breast, on which Mrs. Atherton said, " If the cited is
yours, the clothes are mine."
Mrs. Alicelbbetson stated, that Mrs. Atherton lodged
at her house; she came on the Wednesday before the
transaction happened, and stated that she should semi*
few days or a week. She stated that Mrs. Atherton
went out on Monday. about 11 o'clock. and returned
about one o'clock the same dig with a baby. Witness
soon after heard that Mrs. Lee had lust her child,which
she mentioned to the prisoner, who seemed much struck
with it. Witness said she looked at the child, but from
the difference of its dress she did not think that it was
Mrs. Lee's child. The mother of the child soon came
and claimed it; the prisoner at first said it was hes own
child, but soon after delivered it up to Mrs. Ler. Wit-
ness, on her cross examination, said that Mrs. Atheiton
treated the infant with the greatest tenderness, and wit-
ness did not think that she intended any harm to it.
Mr. BAIN'S took an objection, founded on the con-
/unction of the words of the Act, which the Court
overruled. Mr. Bair es then contended that the case
bad not been made out against the prisoner ; there had
been no evidence given to prove that Mr. George Smith
had not sent the message which the prisoner represented
her as sending, and no proof had been given of any in-
quiry having been made after Mrs. Carroll, and that,
as far as appeared in evidence, the account she bad
given to Mrs. Lee might have been strictly uue.
Mr. MAYNIC spoke in reply.
The Recommit said, though the specific fraud men-
tioned by Mrs. Lee had not been proved, there was in
the whole transaction sufficient marks of fraud to raise
a ease for the consideration of the Jury.
The prisoner then put in a written defame, which was
read by the Town Clerk. in which she entered into a
long detail of her proceedings at Leeds, the purport of
which was to show, that in consequence of what she
had heard of the deplorable state in which Elisabeth
Lee was, she had visited her, and had taken the child
to nurse for her, out of compassion, and had given her
a sovereign to relieve her necessities, and to induce her
to part with the child.
On the part of the prisoner, Mt. John Deighton, spirit
merchant, of °deb was called, who stated that he had
known Mrs. Atherton six or eight years; she was a
woman of the most benevolent and humane disposition,
and was particularly attached to children, and her con-
duct to the two orphans then in Court (looking at two
fine ruddy children standing conspicuously in the front
et the Bench) had been beyond all praise ; she had taken
them and educated them with the utmost case and ten-
derness at her own expense.
Three other witnesses, equally respectable, resident
in Otley, concurred in the character given the priso-
ner by Mr. Deighton.
The Recommit charged the Jury at some length,
who retired for about 10 minutes, and on their return
into Conn found a verdict of si guilty," but strongly re-
commended the prisoner to the mercy of the Court, on
account of her previous good and humane character.
The RZCORDER, in passing sentence upon the pri-
soner, said, the Jury could not have come to any
other conclusion than a verdict of guilty, and be ex-
pressed his regret that a person in the respectable situ.
ation in life in which the prisoner was placed should
have been induced, from any motives, to seek to de-
pries a mother of her child. If the prisoner was fond
of children, she ought to have considered what the
parents of the child would suffer on being deprived of
it. To be placed in a public gaol, even for a short
time, must, to a person situated as the prisoner was, be
a far severer punishment than a long imprisonment
would be to a person of depraved and hardened habits.
In conclusion, lie sentenced the prisoner to be impri-
soned one month in the Castle of York.