The native American., 1838-09-22

The matron of the goal was sworn, and examin-
ed by his Lordship-She said the prisoner was
four months under her charge. She considered
her to be perfectly sensible, and to know the
difference between right and wrong.
His Lordship said the Indictment was laid un-
der a peculiar act of parliament, the 10th of
George Nv. chap. "a, sec. g.. "And be it enact
ed that every person who shall solicit, encourage,
pursuade, or endeavor to pursuade, or who shall
propose to any person to murder any other person,
shall be guilty Of felony, and, being convicted
thereof, shall suffer death as felton," 1t was
a capital charge. There must be soliciting or
endeavoring to persuade person to commit muir
der. Nothing short of one or other of these in
gradients would constitute the crime. The act
was passed for the purpose of reaching those per-
sons who, not themselves bold or daring enough
to commit murder, proposed to others to do so.
The mere circumstance, therefore, of this woman
going to the doctor with the child, without soli-
citing or persuading him to commit murder
however she might suspect the use that would be
made of the child, would not bring her within
the letter of the act of parliament. His lordship
having recapitulated the evidence, observed that
there were some expressions used by the prisoner
which might amount to what was required by the
act of parliament, and if the jury were of opinion
that they did, they must, however, unpleasant,
convict the prisoner on the capital charge. If
there was no proposal or solicitation to destroy
the child and it did not come within the terms of
the act, it might amount to an assault, and they
might convict her of an assault under recent act
of parliament. Victoria, cap. IS. 1t enacted
that where felony charged included an assault
which was not stated in the Indictment, the Jury
might acquit of the felony and convict of the as
sault. To show that violence was not necessary
to constitute assault his lordship referred to the
case of Rose Eastwood, where it has been dec-
ded that physician who caused patient unne-
cessarily to expose any part of her person, and
though she did not resist, the physician was found
guilty of an assault. In like manner, a school
master, who took indecent liberties with female
scholar who did not resist him, guilty con-
structvely of an assault. IT, however, they
thought there was proposal or solicitation on the
part of the woman to commit the murder, the
jury should find her guilty under the Indictment.
The jury retired, but in few minutes returned.
! During their absence Mr.: Stipendiary Gore
Jones had communication with his lordship,
who, on the return ofthe jury, begged them not to
give in their verdict for short time Mr. Gore
Jones then conversed with Mr.. Scannell, who
afterwards proposed to the court to examine the
little boy without swearing him.
| His lordship said he had no objection if coun-
sci for the crown consented.
! Mr.. Bennett, on the part of the Crown, would
not consent, as he was afraid of its being used as
a precedent. He had no objection, after the Jury
gave their verdict, to give the boy opportunity
to state anything in favor of the prisoner, but that
would be the proper time to do so.
The jury then returned their verdict-Guilty.
His Lordship sad-Prsoner, you have been
convicted of a crime for which by the laws Of the
land your life is to pay the forfeit. 1t is unne-
|cessary to dwell on the enormity of your offence.
You had young and tender youth in your charge;
how you behaved towards him up to the time Of
your offence we do not know. 1t is, however,
a favorable circumstance of your case, and I am
glad Oft that you appear to have supported him
through charity: Fortunately, too no loss of life
occurred. Your case has had full and fair inves-
tgation and put every favorable point before the
jury, who appeared as anxious as was to find
grounds for mitigating your offence. They have
found YOU guilty, and it but remains for me to re-
cord sentence Of death against you. | will report
the facts of your case to the lord lieutenant who
has the power of mitigating your sentence or not.
His lordship said that under the Grand Jury Act
the cess payers could present small sum for the
maintenance of the child; meantime he would make
an order for his support, and he begged that Mr..
Gore Jones would look after him, and have him
sent to Sc hool
Mr.. Jones promised to do so.-Cork Constitu-
tion.