Surrey Winter Assizes.
The Times, 1824-01-03T00:00:00

-ar1 n1caa was Inmuctec rot uie WiltUl maurdeoer of hL-. new-born bastard female child,- on the 11tb of October last. She was ailso de- tained by vrtue of the coroner's warrant, on suspicion of having tbrown the same child into a ccrtain ditch at Wandsworth, whereby she dted. Elizabeth GasIdn live-s at 142 Wellington-place, Newington; is aunt to prisoner; recollects Friday; the 10th of October; saw prisoner between five and six o'clock in the evening, who said she hadleave from her place to stop till Sunda,. Witness -replied, she was very sorrv prisoner could not sleep there, as witness's husband was lying a-corpse in the house ; witness's son-in-law was then in the house; prisoncr asked her to get a lodging for her, but she re- fused; did not g>ive her leave to stay till it was too late for her to go home; they went to bed about 12 o clock ; prisoner, got ouit twice and witness asked }ler if-she was well, and she said " Yes " heard nothing niore till three o'clock-, when thecryofa child was heard by witijess, *ho'immediately got up. and said that she (prisoner bad brought shbare uppon then, witness callcd to her son, who was lying on the fioorirt the samefoom, and told him. to go and tell her niece, who lived next door, to comein; she came, but could not be of any use; setit for Mrs. Cole, but she came too late, the cbild then been born about, three-quarters of an hour ; witness told her. she had no clothes for either the child or hersolf; the prisoner answered she, bhd, for both, in the basket by tho side of the bed. Nextmorning 1asked who was the father: She said he wasasingle man, and c6ld'we.l afflord toumaintain the child. I wentu stair ogivel her grue},and"fbund her up and dressed' sitting on tele side of the bed; the citilti .nliv l and healthy. I begged her to remain. Sho said that -she must go to her place; that thefe was a person at Tooting, vwho-hadlain in two months, and would bring it up. MIy niece is a single woman;' she stayed till between 4 'and ,; I begged hernottopgo. My littleboywentwithher; itwas avery wet day. She had hada child before. S ie is very fond of that child, and treats iwdithe -affection of a kind mother. It was a female child. -pk- ecarridedL'She 'was a--aays a hind-hearted good girl in S .th .-e; w tli ursc who ha been called, proved thea the child was born in'perfect health and sonndness. John Gilmoirtf' gardener at Steeathaim*T sawi the pnrisoneron 'the 11th of Septenmber; at ten. miniutes hefore six isi tho ecrcing, at Streatharn. Shehad a child with her. She told nc it belodiged to ple. I told hif tlitHasjoku-ingthat could not be. I askecl her how long shcehad lairtin. She told meon the 9th. 1 turnel the doth aide and said it was a-tinc child. it was a weck old I thetg1t. She aska ne vhat terIs ? would coihc to. ? 'aid- niot annv. Sie wvalked away, and dedlarl. the would swear it to in1'on -the Saturday f'l- Ioring. 'I esicj to he " Ve~' wellJyou may doeas you thsihf sorpei.`' S:X week-s after I wvent with She (tolstsble tO A1rs.cSt4ares-:- She eeme.out,'and said to him, "~Do yoiit md?" ?` saiddI merely ~v~t ~inw-whre ht ehld'slw'i~ you 'hmd-some t-smin back." 5ttesaid .;.W3hbt child "stXdItladid, T/h cltild:yo blouleitse-on4 the 11th o-Setteuiber' She ajswerq; " That-child wasnot youm.' the truth,'for the magistrates v-ouldhiae it ~out. I heard' her say' that L evet had osid so. : James Brett, aboy pf ten. yVais3old._I hafe n0fathbrO t my mo. ther lives on her means; I rea4d and write,' and go to church,' ind know th& punishment Godvisits upon those wbh do ,not tell the truth. (Swoin).-.I kno .Mr. 'Perkins, at Garreteen, I took a, wheelbarrow to his house, on thte 24th of September; there is a ditch; I-was looking for water-rats; I saw a chid, with its head under the wecds; Igota stick, and picked it out; I got-it- on the gronnd I went and told' 3artin 'Rean; there was' Martin and' Irs. Keen, ElizaBagahaw, and the gtoom; 1I left- the~ child with themn. Itwasinaputrified-tate, itdidnot-smeli mach.; it-was rwollc7e with the vrater:, it wns~a litt girl. BenjamioBrigg.s, constable of.V'andsworth, ozifirmeda' the evi- dence of the two 3a wstrs'es.. Thomas Levet, constable, went to Garret with the last witness. I wenLto the Leather Bottle, and saw the child. I showed it to the prisoner. When I firtt saw' her at Mrs. Stewart's, I said, "Your name is Sarah Reed." She saidj " Yes, Sir." I said," i want to know Of-you wvbat's. becomenofa child you showed to Gil- ore." ie stepp forward- and said," Sarah, yoa showed a child to me." She said, "M,1. Gihuoret it was not your child." I tolid her 1 must apprehend heron suspicion of making away with a child she had shown to MIr. Gilmore. !I--went into MArs. Stewairt's, told her she must prepare to go-tg tias.daworth with me. Ou the road I aske7 her if xilmore had ever been witl her in the-time she was in the family wiy. She said, " Yes, she lad met him in August last at the Wheatsheaf, UpperTooting, and-she was with him in a private room a considerabletime, and told liin her situation. I asked for what purpo.fe she had gone to Gilmore. She slid he-had told her' she might swear it, or do .the best she could with it. She said she went home after. I said," Wfhat did you wit!% the child then'?" I never told her that I should use the informatiori against her. MRfr.Justice PARsX.-What answers were those which you, in your wisdom, deemed nos satisfactoryj? Those were-the wods you us=d beforethe magistrates. -Yon told the prisoner thatshe need not confess before the magistrates. lVhat questions were those which you thought yourself entitled to put, and which, in your apptehenscon, the magistrates could not put ? - lirtness said, the atish7ers'he did not think satisfactory wetre about theclothes. Imight say she wms not bound to confess' to me. I believeit weAncrossin6Wandswortlhcommon. I askedherwhere she had put the child-in the laundry or bed-room? This wai be- fore I told her she was not bound to confess. She then said she had inade away with it. I 'asked 'hej where she hid rnade away with it? She said she thoew it irst&w ditch. I asked het if she had struck any blows, or bruised. it? ,he said no, she did not. I said "Did you put it into the ditch alive:?" She said " Yes." I believe-it was-near the ssmte tirne, afYer the IaC udiThsBif it' was p tin Tl(ve,- that I then told her she teed not confess to nTA& I asked her if ihe put itii wlith its clothes,or without; she said "Wtithocttitr clothes." She said she threw the clothes away in the lane.. I asked how she caine to go to Garret.green P She said she was distressed with Gil. more's answers; that she did hot ktowv where she Xente; hut she was going to look for a nurse to take care of the child,. I asked her it she was going tom'rs. B4clshells; she said she was. When she got near the house, she said she was takenso, shedid notknaw whiat -she-was doing; her heart filed. NW'omen, whose milk is new, are subject toa-awandering of the mind. L know-that, because Ihave a wife of my. own. Miilk fevers are common in the early days, espe. cially from agitation of mind, and ecposure to the open air. 1 went to the public-house; she went with me. She said it was not at aUlike her child; the features were disfigured I asked her if-hers was- a female child_ She said ",Yes;" Cross-examined.-Ihave*.been a constable seven years. This was so serious a thing that I asked her questions. The young woman's feelings were so hurt that I asked her quesdons; she was strongly agitated. She shook im every nerve. I was obliged to get her along in the most comfortable wvay. I told her that when shc came before the magistrates sbe was noexboaud to confess; all would come out before the magistrate. She vould hear it, and would-know if- truie or not. She might deny it, if she could. I thought that a great deal of the conversation was not tbf importance I said before-the magis- trates that sone of her answers were not satisfactory_-.I meant about the clothes. If h'ey hnd been thrown away in the lane, they would have been found again. (After a pause.) She was notled to tell rne all this by my telling her that she need not c nfess before the magis- ttates. Itold her all that was known would bestated against her by vitnesses. I did not tell her that I should tell the magistrates - all -he said. (Here followed various prevarications to the question, which ended in the witness confessing that he had not forewarned her that he would give evideuce against-her.) We took a small glass of wile each. WVe stayed about five minutes. I disclosed what I knew before the justice. I don't know that I was the first witness. She said I had imiade her confess bygiving her a promiSe. By the COURT.-I know it is a part of my duty to teU every thing to the mag strates. M ary Wlood, servart of Mrs. Stewarts, observed that the Lpri- soner was pregnant in September. She was was a humane, kind, good-te.apered girL The prisoner declared her innocence. The constable put a great many questions, to'which she said " Yes," without kn.whsg what they were. illr. Justice PARB proceeded to charge the Jury.-In all inquisi- tions for blood, the greatest particularity must be observed in the, evidence. Lord Hale had said, that be never would try a eharge of murder except there was a body found and proof of a blow given. Here was a body, hut there was tio proofof blows given; still there were strong circumstances independent of that consideration. The old law was so jealously guarded, that the bastard being absent and not to be found, the mothrv would have beei tried for murder. Thank God, the law vwas noftso severenow; for at least the bodv must be found. To convict thb prisoner, it was necessarv to prpve malice prepense, or, in plainer speecb; tualice aforethought. 'Up till the supposed tirue of tewing- the-child into the ditch, it - clear that she could have no intention to destroy it. She had pro vided it clothes- and a nuin.- She -had fed it with her own milk, and there was proof that she -was of a humane end kind disposition. Womcn after that particular state of elng wle subject to inflammatory aflections, from the f'uctuation of theil were 'isubomanject sutteredes;tremes agitation, and had under- gone almost incredible fatigue, considering her situation; being deli. vered in her aunt's house at'uight, in 14 hoursafter-she left New- ington on the top of a stage-coach, on a very rainy day, to go to Streatham. From the evidence of Levet, the constable, she was go. Mug to seek for a nurse, but, becaime so bewildered that she did not knowlwhat she was doleg. The jury would determine whether 'or not the act, if proved to their satisfaction, was the efl'ect of momen- tary aberration of mind. 'The prisoner vasto have the benefit of any dloubts they might have either as to the facts or the malice. He would not say now whether -he approved or disapproved of the con-' duct of Levet. In a case much stronger than this,.wherea constable-I had put himself in fetters, and feigned to be a fellowprisoner, and by that mean's induced a confession, it had been determinedly all'the Judges of the land, that the evidence, though- mosti h poperly ob- tained (because constables had no righe either to extort or indue confession), must be taken against the prisoner. The jury consulted fore aew minutes, and pronounced a verdict of Not Guilt~y. lr.' Justice PAR7s called back Lever, 'aind severely rebuked his cruel imrpertinence in rigorously qUestioning the woman while sric was in almost a distracted state o' stiod, knowig that he was going to produce her' confession as evidence ssatast her,efore thejestices. [fii' Lordship' refused to allow either him or filmore the expenses of rheirattendanuw. rrOUsE.BREAErXG. Wif i im Fars'is, Daniel Parsma.z,e, CalAeric -SpWer, and Ltcy Parsonage, were charged with brealing operr and robbing'the house of John Clark-, of 1e4"ington-the male prisoners for the main fact, the womren as accessories befhregtheefact. John Clark, lives atNew'icgtoncauseway; is a carpenter. On Sunday, the 24th of August, 3 went to church. I locked the door, and left no one in the house. The shutters were up, the houee fast- ened, windows and doors. 'I-am a householder. I was sent for in Sm'nnutes after I left it The door was shut, audlocked,Th'ere were things brought from the tlip of the-house; caps and lace. I missed nothing tben. I found an iron crow, skeleton, keys, and phosphoruL [ went up stairs, and found aU the things about the room. I found I had lost 0 guin'ens, Il"i1ulf-guineas, 6 seven-shilling pieces, one quarter guinea, and one crown piece. Cross.examittedi-Aly family consists -of myself, my wife, and niece. My. niece went to the Sunday school; my wife and I went to the church toeher- h Charlott rC ke' ssistet-in-law to Nf. Faintj his houseisop posite Mr. Clatkens. I was there on the 24th of Augulst. I saw 4 Imen beteen 10 and 11 o'clock. Thty weretalking together. I saw two take a key and open the door, dgot- into thehouse. Two stood against the door, while the other two went in. ''he two men prisoners were the men' who wentrinttithehouse. The two others walked away. I gave the alrm to llZr\ White, at theL Arti- choke. I saw the men come out at the side door-one ran aon way, the other ran the other. r' -. Croas-examined.-l am quite sure the prisoners are therpen. The roatl is very wide. (To a qu6slon put at the saggisd6a of thc prissp,1n,e,r,Parsonac,,It was a vehe raiesmornfnth - -- - --11 -~ AL LIUVf tu nqr-usarK ; rememners tiie robber ; went to thehouse, watched; s3 the pD'soners'ran opt in two dgerent directions; I ran after,one and took him-_t.wab Uarris. Richard Ayers, constable of Newfngt9n, went to p3r, Claite'son anda i,the24thofAu Auc4 in^thrernorntng. Thefrontdoorwas fastened. if heard one perso nagr csay " There they.are." In two minutes two men ran out of the house. and ran- in different direc- tions. I ran afier Parsonae,'and[took hirm. I took him'to a place of safety, and found several things in his various pockets. Hfe re- sisted my' search into his fob pocret. I out with my knife, and cut it off.' (Hands in a list of money wbich was written dowti at the time with the booty taken from Marris at the same time: it coin- ciden with the loss testificd' by olr. Clark.) Vitness produceti a bundle of- skeleton keys taken from- the prisoners. H4rris said, Mlind., two of the guineas is my monev." ivent to the hnuse Mrs. Clark opene4 the door. Iexaamined the bouse. The linen was lying in heaps outof the drawers. I founid auhosphorus'bottle, and other skeleton keys, this, jemmy (a c ..ba4 lying upon a hean of linen, and a knite. I took tfem to the. cage; ther were searched again, and -notherjezrniy and a knife were takin trom Hatris. WVe lay in wait, and took the-two-feruale prisoners. Spiller had a file and a pair of ear-rin"s1ih her pocketa. I asked-her hbsv sbe camse to have thefileabouf Rer. "Sheesaid she was an umbrellarmnaker. I said it was odd that she should cTrry- her tools in her pocket.. Cross-ex.anmined.- 1rs.Parsonage had-nothing'about her. 'She was admnitted to bajl, -as being the wife of Parsonage -he prisonet; anl yet AMr. Buck.c,nd tle attorney proceeded to prosecitte her as a The two men were colrct e4; the women were acquitted. Mr. JtisticePAs x 'proceeded to pass sentence of death with the usual solerntifes. -. Harris cntreated for mterty. Up till the tine of this; his first offence, beb hadlivE by honestindustr.in a:decent trade. Mir JusticeC PARK tsa!, thatif Harsi bad now told:theetruth, he liad- inofe mo6ienterif,i d into the lowest depths -of crimei: for, in all his Lord1ship's e iencex - e' bud never asen such a perfect prepaniti Itou lircBking instriunesas. 'kThis was an offlence whfxch prevailcd to imiost'al,ansg extent, wliichu3ust be'attributed to the idiscreet hiusanity 6f?17hRes, (he took'is hwnsharein the blame fully,) in ofThrin zreasons of iercy to tbe Crown,for remitting tbe cspiti.off~euce. He Bad taken this pronmpt course in pronouncing sentenice of death, that tie prisosers imight. entertain no, dtlusive liolesof olnibing nlezrej ftom tlctr eat3 thly Judgc, andthat they m'ighit, with the moic eli3estrless ,strire for the forgivenrss of the Judfrc Eternal, throoigh the mersesd'sicdeeming Saiour. '- The whole scene andmuier terc deeply impressive. Harriss head drooped to hls bafd, hs clbov zrtsg upon the front of the bar. The wife of Parsona'e Sevetal ladies-bo- werre nree e ire.oeT tnevd theircee p e ; i- The new. Lora- Cbief B3ton .ALttAND9R sat on the Bench, during the whole day, as a isiter. I I I i . SURREY WLNTER ASSIZES. FnTTIAY_ .1-V 9 C_HARGF OF INFANTICIDE.