The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-14
Cou OF Oyer and Termincr.
Before Judge Kent, and Aldermen Purdy and Lee.
Trial of sally Ann Rebb,

Before Judge Kent, and Aldermen Purdy and Lee
Trial of sally Ann Rebb,
CHANGED WITH WILFUL MURDER, FOR DESTROY
ING HER INFANT CHILD, IN OCTOBER LAST.
| JAN. l3-The prisoner, bright eyed young wo
man, was placed upon ihesstand, but looking les
| ruddy and ull than when previously IL Court
She wore neat straw bonnet, black mantilla, ant
| was rather genteely dressed.
| Say HAsKETr, Esq appeared as her Counsel
! The DsrRicr ATTORNEY made few remarks
in which he stated the particulars relating to tn,
| charge, and proceeded in the evidence.
| JULIA ANN BRiGas, "a very young woman,
sworn-Rssides a, lis Norfolk street Is married
| Knows the prisoner at the bar. She had been il
my employ ment, servant, for six eight months
| discovered she was pregnant between tive
and three months before this happened. Never
said any thing to hcr about 1t I'LL afterwards
Heard she was in the privy. found she was II
there, aud asked her to open the door She rcu
! sed to do so at frst 1t was on Monday morning
between and 10 o'clock, in October l threaten
ed her, and she opened the door She stood in The
privy, looking very miserable. There was great
deal OF blood on the fosr, bat none on the seat
Accused her ofhaving been delivered, but she de.
MED il. l told her she must tell me, or would
turn her out OF the house. In the evening she be-
sas to cry and owned it saying she had been deli
vsred on the seat had been urgiag her about il
all day She first said she had gone four months
then six months, and afterwards seven months
She did not tell the sex Of the child. The privy
had been cleaned before the Coroner came. Dis
covered nothing but blood the floor. DO not
know how long She had been in the privy. She did
MT account how the cord had been separated
She washed on the previous Saturday, in the yard,
when it was rainy. She complained on Sunday OF
being unwell Went into her room after dis
covering her situation. There was no appear nee
OF her having been delivered there. My husband
heard OF 1t when he came home TO dinner. He did
not refuse to have the child taken sut for fear of
being sent to prison. Thinks the prisoner wanted
to have the child taken out that night. On Mon
day morning he told me she had drank some hot
tanzy tea on the previous evening. She got up
very early and called me and said l mnst 60 dow
and make fire, for she was unable to, as she was
very sick and full Of pain. She then went up to
her room. Saw the remains OftanZy tea ia pitch
er. 1t was very strong. DO not know that the
prisoner Is married, or had ever had child before
MARY KNAPP, sworn-Resided in the lower part
OF the house; witness j. a married woman; pr oner
went to the country in July and shortly after her
return discovered she was pregnant saw whea
she came out Of the prvy; her clothes looked very
bad, full Of blood; went to the privy saon after
but 1t had been cleaned; Sally Ann was dressed in
her usual manner; the child was taken from the
privy in about week.
DR. LEsGErr, swarn-Is a physician; had q
conversation with the prisoner on the Wednesday
evening after her delivery; she told that she
had gone six months, and while sitting on the seat
she was taken in Iabour and the child dropped
into the privy; saw the child after it was taken
out it appeared to have been full seven
months one; applied the hydroytatic test, and found
that the child had proba " been born alive. [CoI
Haskell here infinitely examined the witness on
the various tests The lungs had been inflated,
but they might have been SO by single breath
The cerd was torn two or three inches from the
child cords vary in strength, some sufficiently
strong to hold child in such position, others the
reverse; the cord IN this instance, had not been
cut; cannot say the neck Showed much violence;
it was saturated with the fluid, but she we'd lit
tie redness In regard to tests and appearances,
can only speak from my own experience; have
seen many things published that knew to be false;
do not think that tanscy tea would create abortion;
Rave known OF instances where child respired
and yet died before it was born In respect to the
prisoner, she did not tell the truth as 10 the time
she had gone; there was evidence that the child
was over seven months thinks the cord would
have broken further rem tina body of the child had
It fallen as prisoner mentioned Have hi ard of
cases where children have been born while on the
seat, but never first children.
DR.. ARCHER sworn-Was called to llS Norfolk
street, on the 18th or Goth October, to hold in
quest On child then lying in the privy Witness
is a physician and also coroner. DIR Leggett and
myself at first supposed the child had been still
born-we applied the usual tests-supposed the
child bad breathed-the child had been about Sc
ven months one obviously not full gone, and seem
ed TO have been born alive.
Several physicians (Drs Wood, Francis and
Giliman) were examined or scientific points as TO
the probability Of the child being born alive, and
the correctness OF the story told by prisonerAs 10
the manner in which she was delivered. Tanzy
tea, in obstretric cases, was spoken of by DIR. Gill
man, as an ola WCmfh methOu, ana OF no avail,
although it may produce death. child, in case
like this, could be smethercd by its mothers gar
ments bleed to death from the separation OF the
cord.
Col Haskell made an impressive and able ap.
peal behalf OF the prisoner, and the District At
torney submitted II without argument. The Court
explained the law, and thought the case, at least,
did not under the statute, constitute the crime Of
murder-hc spoke Of the sxertioR required by pr-
soner the previous Saturday, in washing, her be-
ing cold and chilly, and taking hot tea with view
to prevent injury; also the improbability of her
choosing the place she did had there been an in
tention on her part to effect abortion. The jury
could bring in verdict Of m ansaugbter, but the
prisoner was entitled to any doubt which mightbe
on their minds.
After an absence Of n few minutes the Jury re.
turned with verdict of Not Guilty and the priso-
ner was discharged.
A,roigns,ent Of Thomrs Topptn Jjor The murder of
his Wife The prisoner who is rather small sized
man, OF abost IS or 40 years of age was arraigned
for the murder Of his wife, in the Sixth Ward, on
on the LIST of Jau. Gnst) The indictment charges
him it'll making assault with chair on the
person of Eliza To ppan, his said wife /; also beat
ing her with broomsiick. with his fist, jump
ing upon her, aud otherwise nssaulting her, 80
as To cause her death. On beng asked il he De-
ruanded a trial, he replied in the affirmative,
and was going on to make speeck, but was
chez Ted by his counsel, Mr. Lockwood, who has
been assigned him by the Court. +" The Court lis
ten to me-" said he, al declare before the Court
here, that know nothing about it h" Mr. Shaler
had the case in hand on the examination of the pr
soner, but gave il up, and MIR. Lockwood observed
that he would be compelled to see Mr.. Shaler be-
fore he could say when they would be ready for
trial.
The prisoner wrs then rema nded.
superior Court.
R.fora Ind OakIev