The Sun. — 1865-11-21 (London, England)

WORTHINGTON V. SUDLOW-lIIDCiMENT.  Mr. Justice Mellor delivered the judgment of the court in this case. it was for a mandamus calling upon the local board of health of Moss-side to make a rate for the payment of a certain sum of money, due under a contract for work and labour done. The plaintiff had obtained a judgment against the board for the sum of upwards of £3,000, and the question was whether the delay of more than six months before commencing the action was a bar to the mandamus. The court said there was groat difficulty in the case, and it was the first that they had been called upon to decide on this point. After referring to the facts of the case, and the law as bearing on that point, the court held that a rate might be made in aid of the judgment six months after the judgment, though the action had been brought more than six months after the execution of the contract, if it could be shown there had been no undue delay in bringing the action on the part of plaintiff. The delay had been fully explained and justified in this case, and therefore the judgment of court would be for the plaintiff. Judgment accordingly.  the house of Mrs. Jane Davies, of Ludwell Farm, Hutton, for the purpose of inquiry into the cause of death of the illegitimate child of Mary Trott, a domestic servant in the employ of Mrs. Davies, who was the first witness examined. She stated that she was a widow, residing at Hutton, and that Mary Trott was in her employ as domestic servant. She had an impression that Mary was in the family-way, and named it to her on two occasions. At fist she denied it, but upon the second occasion Mrs. Davies implored her not to add sin to sin, when she was silent. On Tuesday, the 14th inst., she went to bed, and Mary Trott slept in the same room, but on the same bed. She heard nothing during the night, but on awaking in the morning asked Mary Trott what o'clock it was, and she said six. She (Trott) got up and went downstairs before Mrs. Davies, who, upon getting up, struck a light, and saw marks of blood upon the floor. Witness then went down and said, " Mary, what's the matter ?" and she replied, " I have been poorly to-night." Mrs. Davies suspected she had miscarried, ordered her to bed, and sent for Jane Fear, a washerwoman. She then proceeded up stairs and saw that Mary Trott's bed had been turned over. She did not see Mary Trott take anything from the bed ; neither did she hear the cry of a child during the night. Jane Fear, the washerwoman before mentioned, stated that upon arriving at Mrs. Davies's house she proceeded to the room of Mary Trott, and found her in bed. She asked her where she had put the child, and said unless she told her she should have to send for a policeman to search for it. She asked her if she had thrown it in the closet, and Mary answered " No." She then asked if she had put it in the ditch, and was answered " No," but that she had placed it in the tin in the coal-house where she kept herbones, and that it was wrapped in her chemise and dirty clothes bag. Mr. W. Furnival, surgeon, next stated that on the 15th inst. he was sent for to the house of Mrs. Davies. He at once attended Mary Trott in her room and asked her, " How long did the child live?" and she said, " About ten minutes." He then asked her, " What did you do to it ?" And she said, " I squeezed its throat, that mistress should not hear it cry," but added, " not with any intention of killing it." He then made a professional examination, and found that she had been confined within a few hours. Jane Fear afterwards showed him the child, and he noticed a discolouration and indentation under the left ear. He stated that he had submitted the lungs to the usual test, and that he was fully satisfied the child had been born alive, and had died, as near as he could state, of strangulation, but swore most positively that death did not result from accident or natural causes.  The Coroner then summed up the evidence. The Jury, after a short Consultation, returned a verdict of " Wilful murder" against Mary Trott.