The Barrow Herald and Furness Advertiser. — 1871-09-30 (Barrow-in-Furness, Cumbria, England)

SERIOUS CHARGE OF MURDER.  At the Rotherham Police-court on Monday, before a full bench of magistrates, William CoHinson, chemist and druggist, of Mashro' Rotherham, was charged with using a certain instrument to a young woman, named Eliza Uttley, 26, of Greasbro', with intent to procure abortion, and thereby having caused her death. Mr. Edwards appeared for the prosecution, and Mr. Whitfield for the defence. The court was crowded during the hearing of the case, as great excitement has been caused in the town since the coroner's jury returned a verdict of " manslaughter" against the prisoner. Mr. Edwards, in opening the case, said the prisoner, when he was before the Bench on a former occasion, was charged with having used an instrument to procure abortion. In consequence of the death of the female, however, the case resolved itself into one of a much more serious nature. The law provided that when a man committed a felony, and that felony resulted in death, the crime would be that of murder. This man was charged with procuring , abortion, which was a felony, and from his act death had retulted. He had therefore, to ask the Bench to commit the prisoner for trial on a charge of murder. The first witness was Mr. Knight, surgeon, who detailed the result of a post-mortem examination he had made of the deceased's body. He had found that she had died from peritonitis, caused by miscarriage. lie found no marks on the body which would show that an instrument had been used to procure abortion. When an instrument was used it seldoni left any mark if the operator had a knowledge of the body. Dr. ./. C. Hall, of Sheffield, deposed to attending the woman a short time before her death. She told him that Mr. Collinson had used an instrument. The catheter produced would be a very good instrument with which to procure abortion. Dr. J. E. Long, of Parkgate, said he had attended Eliza Uttley before her death. She suffered from peritonitis. He heard her tell Dr. Hall that Collinson had used an instrument, to her. He was present at the post-mortem examination, and he concurred in the opinion expressed by Mr. Knight as to the cause of death. He saw no marks of any instrument upon the body. Inspector Horne, of the West Riding. Constabulary, deposed to apprehending the prisoner and charging him with using an instrument to procure abortion upon Eliza Uttley. The prisoner gave him the catheter produced, and said he used that, "but not for that purpose." The deceased's mother and a servant girl gave evidence as to the data upon which the deceased was delivered of the child. Mr. Oxley, Clerk to the Rotherham magistrates, and Mr. Henry Jubb, a West Riding magistrate, deposed to going to the bedside of Eliza Uttley, and taking her dying declaration. The declaration was read, and in it the deceased stated that she was in child by Collinson. She went and told him so. He said she could get " shutt " of the child if she liked, and on her consenting, he used an instrument to her. She afterwards went home, and a few days later WM delivered of a child.  Mr. Winfield, in a speech of considerable length on behalf of the prisoner, deprecated his being sent for trial on a charge of murdbr. He said the coroner's jury had brought in a charge of manslaughter only, and he had no hesitation in saying that no jury in the world would find the prisoner guilty of the crime of murder.  The bench cautioned the prisoner in the usual way, when he said, " I am entirely innocent." The Chairman then said the bench felt it to be their duty to commit the prisoner for trial for murder. (Sensation.)—Bail was applied for and refused.