The Sun. — 1859-07-27 (London, England)

MIDLAND' CIRCUIT.--LINCOLN, July 26.  Ann Whatmough pleaded not guilty to a charge of murder of her male infant, at Covenham St. Mary, on the 28th of June, 1858. Connected with this case was another indictment against Elisha Kirk and Lucy Kirk, who were charged with aiding and abetting in endeavouring to conceal the birth of the same. Mr. Roberts conducted both prosecutions. The prisoners had no counsel. In his opening address the learned counsel cautioned the jury against receiving as certainly true all the statements it would be proved the prisoner Whatmough had made, some of them having been uttered under deep depression of mind. He then stated the evidence in support of the case which he afterwards adduced, which was in substance as follows :—The prisonerWhatmough, on being taken into custody, speaking, as she afterwards said, of a man named Plumtree, said, " An old rascal, he has ruined me and my family ; he is as bad as I am, he told me to do it. He gave me the money to get the stuff with. I bought it myself. I made the instrument myself and used it myself. He told me if I did not he should be exposed. Let it cost what it would he would pay." On being asked whom she meant, she said Plumtree. She afterwards said, " I cannot say anything—l will not say anything—against Tom." The wife of Walters, a labourer, gave evidence of statements made by the prisoner Whatmough, who sent for her and said, " I have had a child, and Kirk buried it," and afterwards, when in the infirmary at Louth, and thinking, as she said, that she should die, the witness told her that she must prepare to meet her God. She answered, " I have my child to meet at the bar of God. You don't know what I have on my mind." Witness answered, " You have not to meet it—it was stillborn ; the child that is stillborn has no soul." She answered, "It was not," and added, "It made a skimmering sort of noise. I murdered it" She then proceeded to say that she had taken stuff at 1. Plumtree's instigation, but that she had nobody but herself to blame.  Another witness, Sabina Smith, also deposed that five months before the 13th of April last, Whatmough had been at her shop in great distress, and being questioned as to the cause, said, " I have had a child and committed murder, and I cannot rest without naming it to some one." She then made a more detailed statement, mentioning that Mrs. Kirk had sewed the body in a rag previously to its being buried. The jury acquitted the prisoner Whatmough of murder, and returned a verdict of guilty of concealment of the birth. The evidence against the two Kirks consisted of statements made by themselves, whence it appeared that immediately after the death of the child both had known the condition of Whatmough, and in consideration of a pawn ticket, which enabled them to obtain a small table, Lucy Kirk and Elisha assisted in burying it in a pit in a field, where the decomposed body of a child, wrapped in a cloth, was discovered. According to the opinion of a medical witness, it was a seven months child. The two Kirks were found guilty. Ann Whatmough was sentenced to one year's and the two Kirks to six months' imprisonment. The remainder of this day the Court was occupied in trying the class of cases which appeared to form a large proportion of the crimes of this county. In the most revolting of these the grand jury have, however, ignored the bill, charging the full offence. - Firth was charged with rape, committed on Amy Jane Ranyard. Mr. O'Brien was counsel for the prosecution ; Mr. Flowers for the defence. Amy Jane Bayard, aged 17, was said to be imbecile, and consent on her part was alleged. She was not called. Mr. Justice Williams, after 'consulting with Chief-Justice Erle, held that the proper course was to have her examined as to her mental capacity by three medical men. Upon their reporting that she was of capacity to consent, the prisoner was acquitted.  OXFORD CIRCUIT, STAFFORD, July 26.