Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1864-04-01

STATES ArToRSEY's TAFT believed that
even under stricter rule than that laid
down,-which was the correct one-,he evid-
ence justified holding for trial He averred
that as general rule. in cases Of sutiocation
of infants no greater evidences could be found
then were here; that The defence had failed TO
show any explanation of the death Of these
children consistent with the innocence of the
respondent and that the main facts OF the
sudden death of both children, within hive
minutes. and the clear testimony Of the doc
tors. as to the impossibility OF accounting
for it upon natural causes taken IN con-
nection with the evident desire OF the mother
/; or their death, were proofs of foul play; that
the subsequent behavior of the respondent
indicated guilt, and that the circumstances
made it impossible to believe that she was
not participant IN the crime.
Justice Englesby reserved ms decision till
next morning.
DISCHARGE or Mas. THAYEE.
The decision of the Justc, IN the case which
mas naturally, from the nature Of the case
and the connections Of the paIties, attract
ed so much attention IN our community, was
rendered Wednesday NOR & The respondent,
who IL al young and pretty woman. has born
herself with remarkable self possession and
apparent calmness, throughout the trying
circumstances attending her arrest and exa-
mlnation. The decision Of Justice Ens.esby,
was as follows
In coming to a conclusion IN this case, have
endeayored 20 dyest my mind of any bias It
might have had, arising from the previous iuves-
legation, aud 10 make up my opinion from the
testimony before Inc in this hearing. Il may he
well very briefly 10 allGde 10 this testimony. 1t
Is that Of three witnesses: Mrs DoWJ, Dr. At
water and Dr.. CUuant Il establishes the facts
Of the birth Of the children, their living for about
three or four hours; their death, the further
fact that after their birth. the only persons pre-
sent up TO the time Of their death were, besides
the physician, Mrs. Dowi and the respondent.
Another fact appears 10 me very plain. that II
was extremely improbable. So much SO As to
amount 10 almost an imp0sEbility, that the moth
er Was capable Of going 10 and causing che death
Of the children, aud every circumstance points
10 the same conclusion. Under this state Of facts
the important question Is. Did these children
cone to their death through the instrumeutalty
Of some person In the view have taken the
answer 10 this question involves the whole case
For a solution Of this question, we have no pos
tive testimony-no human being that can be
witness here was present At their death. and we
can only approximate to n conclusion from the
circumstances. Briefly they are these. The
condition Of the mother is not concealed
openly she hired the room for that specific pur-
pose, secured the services Of an experienced wo-
man TO assist, procured physician Of character
to he present, preparation ia the way Of cloth
ing 20 some extent was made. The children are
born, properly care,l for in the first instance.
perhaps sufficiently altogether. one was q feeble
child. and A. the evidence seems TO me. never
coming to a full, vigorous life; the other appar-
entity vigorous We ind them apparently re-
tanning these conditions up TO about half past
two o'clock, and in five or SIX minutes there
after, one dead, the other breathing its last, A.
the witness swears inspiring long regular
hreaths. This Is substantially the testimony
covering the time previous 70 aud AZ the death.
Then, four days thereafter. post norton exam
nation; the testimony of the physician making
u that the appearances indicated sufiocatiOn
that he cannot account for their death from
natural causes. and describing the appearances,
and further that, in the case Of the one parti-
cularly examined, the same Appearances might
he present, II the infant while 10 ilved hat not
attained to full vigorous Mes ana there the ey-
dence ceases except 50 Tar as medical theories are
discussed Upon this evidence am asked to
find that there is a reasonable ground 90 sup
pose that these infants died from the effects Of
sufocstion induced by this respondent and
therefore hold her for trial. ! should sly fur
ther that no marks Of violence appeared any
Where' upon the Ace neck chest these at pre-
seh'eI hA'ur" or aeTiy 80 appeArance' eyes
eiosed natuFAIiy &C Inc case stands ihen' thus
on one sac no apparent MOTIVE no attempt at
oOn.s1ilneh' uHe on-y nou'e the respondent
oou.i nave ihe renewing tle mother from the
cire o. tne cnlluren, li'T the shame D. any was
alIealy ,hefel ana 'hal 10y means which wouid