Monmouth weekly herald. [volume] (Freehold, N.J.) 1854-1860, 1857-09-17
MONMOUTH COURTS.
SEPTEMBER TERM.

ing OF her infant child, aged about l 6 months,
which we noticed briefly in our last issue, ter
minated on Saturday last. In this notice we
propose giving summary of the facts in the
case as adduced by evidence, which are as
follows:
That about the first of May last the defen-
dant separated from her husband, (Henry
Bennett) both of whom had been living to
gether in the neighborhood of Freehold she
taking one child, (Formaa Bennett aud the
husband the other. That after. the separation
she went to Long Branch to visit some rea
tives, and from thence went with her child to
Capt Worthley's, at Red Bank, where the
sister of the defendant was at work, and re-
manned there from the 10Th till the 18th of
May; and on the morning Of the Goth, pnr-
chased at the Drug Store of Jos. w. Borden,
ESQ.,, at Red Bank, three cents worth of laud-
anum, and in the afternoon of the same day,
gave two teaspoonfulls thereof to her son For
man, after which she, with her son, went to
Mrs, Rogers, about mile from Worthley's,
on a visit. When she arrived there, which
was between and 6 o'clock P. NJ, the child
was asleep She remained about two hours,
and left in company with Mrs Rogers and
Mrs. Adams, on her return to Mrs. Worthley's,
and that upon the way, the child became sick
and vented severely. Mrs Rogers noticing
this, asked her if the child had not been ia
king drops, or something, as it appeared to be
in a very bad condition, and advised her to
call upon the Doctor-she refused to do so,
and denied giving the child anything. She
left Mrs r. and Mrs. A. at Red Bank, and
proceeded on her way to Mrs Worthley's,
where she arrived about O'Clock in the even
ing, with the child, which was asleep and snor-
ing Mrs. w was absent, calling upon a
neghbor, and no one about the house except
the sister ofdeponent. After taking off child's
hat, defendant went up stairs with it to bed
about three quarters of an hour after, her sis
ter went up stairs to retire, and found defend
ant asleep, with the child in her arms. That
very soon the sister became frightened by the
childSs ceasng to breathe, and she aroused the
mother and Immediately called Mrs. W., who
had returned to come up, as the child was
dying. When she went up she suspected from
the symptoms that the child had been taking
an opiate, or something else, and so stated to
the mother, who denied it. The child was ia
ken down stairs by the mother Dr. Conover
was sent for, also some of the neighbors, to all
of whom she denied giving any drops At
about one o'clock the child died, and the next
morning she admitted to Esq Borden that she
had given the child two teaspoonfulls of land
anum, and had thrown the phial and remain
der of the laudanum away The evidence al
SO furnished the fact that for some time previ.
Gus to committing the deed, she had been look
ing for work in the neghborhood, but found
much difficulty in getting any, in consequence
of having child; that on the morning of the
day on which she purchased the laudanum she
said she might get work at straw berry picking
if it were not for the child, and shortly after,
asked her sister how much laudanum was the
customary dose to give a child Her sister
replied that she did not know-and she gave
the laudanum without any further inquiry, and
to the testimony of Mrs Worthley
without any apparent cause, as the child seem
ed well, aud had been playing around the door
during the day.
In the argument, Mr.. Parker, for the State,
insisted that the defendant was guilty of mug
der-if, not, at least of manslaughter. He
the case in very gentlemanly and
manner, doing nothing more than
hs duty.
The council for the prisoner, B. F. Ran
lolph and Jos. Beedle, Esqs., defended her in
IN able manner. They insisted that she had
10 motive to murder the child as it was proved
he loved the child. and took it as a matter OF
;hoice That an aunt Of the defendant had Of |
cred to keep the child if it was any detriment
o defendants procuring work, and that the
+1I
Ter SO as to make that motive to destroy it |
IS the State alleged. They further proved
hat after the separation from the husband,
he made clothing for the child while visiting
Ter relatives, and on the morning of the day |
# its death, she finished an apron for it to
year to Mrs. Rogers That the object in Civ
ng the laudanum, was to quiet the child, as it
vas fretful and restless from the effect Of
the teething was so difficult as
9 cause rash to break out on theachid, |
Which had been very restless during the night
efore the laudanum was administered. The
ouncil insisted that the defendant did not
now anything about the administration of
audanum, and gave the child two teaspoon
uls, supposing it could take that quantity,
Without injury, having on Friday, the 22d day
# May, given. it that amount Of paregoric, to
Iuiet it, and council insisted that she did not
NOW the difference between the properties Of
,aregoric and laudanum To prove this they
vent into a history of her life, showing that
he had no opportunities of becoming acquain-
ed with medicines.
There was much in the evidence of this
,ase to show that she had been an unfortu-
rate woman. Her mother died when she was
'nly eleven years of age, and since that time
The had been thrust, upon the world homeless,
md almost friendless.
The charge Of the Court was delivered to
he Jury on Saturday afternoon last We
cannot give it in full, but merely the sub
stance ofe that portion Of it which corresponds
with the verdict After going over the various
grounds IN the case, the Court charged as
ollows: If any person knowing a drug tobe,
n any quantity a poison, purchases and ad-
ministers the same, without taking the proper
steps to inform himself Of its nature and prop
critics the quantity to be giFen-and the
person dies by reason of an overdose, under
such circumstances, this negligence to inform
himself, amounts, in the eye of the law, to
such criminal carelessness and recklessness.
as brings this act within the statute Of man
slaughter.
The. Jury, went out about 5 o'clock on
Saturday afternoon, and after an absence Of
bo,t n N ho,r ,o+,,rnod into Court NTH a