The Portland daily press., 1871-10-14
The Case of Mary McCaverty.

ment of the duties 10 DE attended TO Dy them. "
The Case of Mary McCaverty.
Some of those who read the report of the ar
rest and examination of Mary McCaverty for
attempting to poison her child in this city last
June, have expressed surprise that she was
not brought to trial and sentence in the Supe-
| rior Court at its next criminal term, The fol-
lowing remarks of Judge Goddard at the time
her case was disposed of will tend to explain
the matter The Judge said:
This woman has been indicted by the Grand
Jury Tor an attempt to murder her own child
| in this CITY, last June, the infant being at the
time more than three months old
Although l do not understand that she de-
MES her guilt, yet the County Attorney has
called the attention OF the court to a request
the CITY Marshal, one of the Deputies and 9th
er influential citizens, desiring that this pris-
oner may be released without punishment; he
further states that the foreman and a very large
majority of the grand jury have expressed a
similar wish, aud now the County Attorney
desires to carry this suggestion into effect, by
entering a mol pros"
Very rarely will the court exercise the ex-
traordlnary power OF refusing to permit the Of
ficer elected by the cit2ens OF the county to
represent the State to discontinue a prosecu-
ton when in the judgment of the County At
| torney his duty to the public requires it. The
/ pTtSeut puUllC prosecutor mas the entire conf
| fence of the court, and do not propose to
| make this case an exception.
The penalty of the crime for which the pris-
oner stands indicted is not less than one nor
more than twenty years in the State Prison, and
before allowing an entry to be made which will
release her without trial or sentence to any
penalty whatever, L deem it my duty to myself
and to the cause of Justice and morality, to
make certain suggestions which the remarka-
BILE situation of this case requires.
The un0iSouiSed and uucOntradictad facts
stated TO the court by the County Attorney are
briefly these:
This woman, now twenty years of age, after
period OF voluntary illicit intercourse with a
man in New Brunswick, at length experienced
the natural result, and leaving her home came
to Portland in order to avoid public exposure.
In this think she did wisely, for by SO dong
she succeeded in concealBg from her parents
child.
She represents that she was seduced under
promise OF marriage.
If her statement is true it does not relieve
her from voluntary participation in his offence,
Tor she does not pretend that she was outraged.
The alleged seducer is not within the jaris-
diction of this Court, and great Indignation is
justly expressed against him.
But if we had him before the Court fear
that public indignation would not last long
enough 10 sustain the Judge in passing very
severe sentence.
Experience does not Justify much confidence
IL any vigorous public sentiment against the
seducer or the adulterer; everybody knows
that even when grand iuries feel compelled TO
lndlct for such offences, traverse juries are ex-
tremely reluctant to convict, Judges are freely
criticised for passing severe sentences and ex-
ecullyes are too often Over-persuade. to par
don.
When this woman's child had lived three
moeths. her parents wrote to her to return to
N. r. Iu this dilen ma she wrote to an I'M
married sister, younger than herself, whom she
had made confidant before leaving home,
asking her counsel. The sister advised to lose
no time in getting rid of her child by poison,
ard recommended solution of copperas
whereupon this unnatural mother proceeded
to procure. prepare and administer the drug:
ouI the chiid rejected the nauseous dose SO
persistently that the woman was unable to
force enough of the poison down its throat to
kill 1t, although she succeeded in inficting on
it long and dangerous illness.
For the escape of the child from miserable
death, let due recognition be made to mercifu
Providence; certainly no credit belongs to its
mother. who confessedly and deliberately plan
ned and did all in her power to effect its secret
murder. Her crime was as unnecessary as it
was atrocious; she was under no obligation to
return home; her friends had no power to COM
pei her to leave Portland, Yet rather than
forego OF postpone her journey, she deliberate
ly resolved to put to death her own child The
maternal instinct was so feeble, SO dead, that it
did not even suggest to this mothers mind the
ure to return when her parents called for her.
but rather accepted the Infamous proposition
OF poison. Now if this girl had planned the
murder OF one of my children or OF the May
or's, for so inadequate temptation, no voice
would have been raised in her behalf And
can it be that it is less a crime for a mother to
attempt to poison her first born child, three
full months old, to avoid little temporary in
convenience? In my first charge to the grand
Jury three years ago, felt it my duty to speak
thus:
The horrible brutality of the act, the ineffa.
Die meanness OF such crime against a de-
ienceiess infant by her whom mere animal in
stlnct ought to make its first protector USUALLY
the utter inadequacy of the temptation to child
murder, and the overwhelming testimony of
medical men to its appalling and rapidly in.
creaslng frequency among us may well call the
blush OF shame to the cheeks of this genera
ton at the degeneracy and prof gacy of 50
many OF the mothers of New England
confess that have but little sympathy with
such crime as this mother sought to perpe
trate; my feeling is rather one of Indignation
at and adherence of that unhealthy and dan
gerOus public sentiment which seeks to palate
and excuse it, ard invariably interposes an
effectual shield against the punishment of such
criminals Sympathy, it would seem is rather |
due to the innocent but unpited off ,pring of |
guilt, whose life has been so rutbessy and in
sduously assailed by its faithless guardian |
whom public sentiment demands to be set free |
without punishment, still to remain the cnsto- |
dian of the unhappy infants life and health.
LII were not convinced by careful observa-
lI0n and my own judicial experience that any
eHort on the part of one man by official action |
10 stem this tide of popular feeling would be
unavailing and productive of more
eVii IMAM good, should not hesitate to take
me almost extra judicial step of interposing to |
IorDld The County Attorney to enter a mol pros
and TO proceed to the trial, conviction and sem |
lence OF this person. But while in one sen.
Ience l. yield to its demands, / wish to make |
IN emphatic protest against the diseased senti- |
nent which has so honeycombed our society. |
hoping that thus in the end something may be |
gained to the cause OF morals and public JUS.
ice by awakening public attention.
In my deliberate judgment the law is at
present as powerless to protect the life of the |
White infant against the iDfanticidal propensi-
les of its own mother in Maine, as it ever was
o protect the African slave from the ven
,eahce OF his master in Texas or South Caro-
ina, because public sentiment effectualy in
,osn; 10 prevent the punishment of the as
u a1en or me Would-be assassin. And the pre-.
IT, noe Oh SO low standard among us at this |
class Of ak aRehs the suspicion that among that
man So ,.I TO public opinion there NAV he 100
crin,s VINO are conscious of nart;c;nat;Jo y; Wv
on5 q whch is sappipe the lie, pasioh gu ~
tion of 'Ln ing at no distant dav rho o S:aoo
race on this continent VI 'he Anglo-Saxon
Inc county Attorney NAV enter
discharged. prisoner may be
Mattocks, Co. Atty, for the State.