SUPREME COURT.

Evening Star, Issue 3475, 13 April 1874, Page 2

SUPREME COURT.

CRIMINAL SESSJS& Monday, April 13, (Before His Honor Mr Justice Chapman and a Common Jury.) SENTENCE. John Fearon, found guilty on Saturday (with a recommendation to mercy) of entering the house of the Hon. John Patterson with intent to commit larceny, was brought up for sentence this morning. On being asked if he had anything to say, prisoner asked hia Honor to take into consideration the fact of his having been in gaol for three months already. His Honor 'said that, fortunately for the prisoner, the jury had' negatived the change of burglary, and found him guilty of larceny alone. This would have the effect of light? ening the sentence; and the recommendation to mercy of the jury would be taken into consideration, as well as the fact that nothing was stolen. There was no doubt a true verdict had been returned, and, in fact, if he had been found guilty of burglarious indent, no one need have been surprised after hearing the evidence. Prisoner would be sentenced to eighteen months’ imprisonment, with hard labor. MANSLAUGHTER. Thomas William Quelch Honey will was in? dieted for feloniously killing and slaying one Agues bmith, on December 15 last year. Prisoner pleaded not guilty, and was defended by Mr Mouat, of Lawrence. The Crown Prosecutor stated the circumstances of the case, as shown in the evidence below, §c4 said that if the jury found this evidence to b® true they would have no doubt that prisoner had usisd undue violence in attempting to deliver deceased gf a child, and that deceased died in consequence of in- , juries received at his hands. That would constitute manslaughter. It would be shown that it was a case of cross-birth, an arm ; being presented, and that it was impossible for the child to be born without being w. aJI T J.’ -- .f ' i i • ■ •. O

turned. It was prisoner’s duty to turn the child, and this lie did not do. Another doctor had to be called is, who delivered the child, which was then dead, and the mother also died, on the Isth of the same month. Gideon Anderson Smith, leasee of a coal mine at Coal Creek, said hia wife, Agnes Smith, died on December 16. She had been taken ill on the 9th of that month, and wit-' ness went to Mrs Strother, a neighbor, and. also for & Mrs Tamblyn, The latter told : witness to get a Mrs Luke to attend his wife, which he did. Witness then went on to the Teviot for prisoner, taking him back with him, and getting home about 12 o’clock at night. On arrival prisoner went in to see deceased, and after a considerable time thsre was no appearance of a delivery. There were the women mentioned above in the room, and prisoner exclaimed that they were a “ parcel of d—— midwives.’’ After three hours’ time witness went to Clyde for Dr l Thomson, telling prisoner he was going for ; another doctor. The latter giaid it was not

necessary; that if it were he would, for his own B ike, let witness know. Witness heard deceased say, * ‘ Leave me alone, doctor ; you ara a brute,’’ before he went. He and Hr Thomson arrived at about half-past 10 the next morning, and prisoner was not at the house then. Deceased was delivered in about twenty minutes by Dr Thomson, but the child was dead. L)r Thomson stayed two or three hours, and called again the fol-' lowing day, and also on the 15th of the month. On that day deceased died. Cross-examined: Deceased had had three children previously, and had a very bad time with the last of the three. ADr Miller attended her on that occasion, and the labor lasted twenty-four hours. Dr Miller never said anything about what to do on future occasions, and did not tell witness that it was a cross birth. Deceased’s mother was in attendance at that time, but was not a professed midwife. The child that was then 1 born lived. Witness anticipated a difficult confinement the last time, on account of the previous one Deceased had once been tossed by a cow, but that was before having her second child. While witness was away for prisoner, tbe women were attending deceased, but did nothing, as they told witness it was a cross birth and a hand .presentation. [Mr Mouat desired his Honor to take a note of the words, “a hand presentation,” but his Honor refused to do so. Mr Mouat continued to press his request, but without efiect, his Honor saying that Dr Thomson’s evidence as to the presentation on the next

day would show that.] Prisoner was under the influence of drink when witness called on him, but did not have more at witness’s house.—Agnes Crossab, mother of deceased, at Smith’s house at half-past eleven at night on December 9. Prisoner arrived about half-an-bour afterwards, and saw deceased, and said he would give her another half-hour. Witness told him to be very careful, as he was the worse for drink. She told him that because she thought he was. Witness was not in the bedroom, so did not hear any conversation until prisoner was going away, when he said if Mrs Tamblyn said anything more to him he would leave. •Smith was at that time away for Dr Thomson. Cross-examined: Mrs Luke was doing h«sr best to deliver deceased before prisoner arrived.—By the Grown Prosecutor ; Witness did not know what Mrs Luke was doing, but believed she was doing her best.— Jane Strother said she went to Smith’s house about half-past ten on the niiffit in question, aud was there when prisoner arrived. He was the worse for drink.—Cross-examined :

The child’s arm was born about an hour after witness’s arrival. Did not remember saying on another occasion that she had gone to Smith’s house about seven o’clock. The child’s arm the elbow. [His Honor again not taking a note of thin statement, Mr Mowat pressed it strongly, and sue cessfully at last.]— Mrs Tamlflyn said that when she arrived'at Smith’s Mrs Strother was there. Deceased was very ill and the child’s arm protruded. Witness noticed that the child’s skin looked healthy. Mrs Luk* arrived afterwards, bub witness did not know what she did. Prisoner then came, and he was very violent and seemed tipsy. He said

deceased must be put on her left side, when she was already in that position. He then examined deceased, but in a manner that witness had never seen done by a medical man. He then said if he “had any oil he would do it in two minutes.” Deceased'complained of his roughness and of his hurting her. Witness asked him if he knew what he was about, and he replied that ho did, as he was a doctor and a surgeon. He then said that be would deliver deceased in five minutes if witness would go in the room with him, but she declined to do so until a proper medical man came. He then flew iuto a passion, said I. insulted him .and walked out of the house. He had previously pulled several times at the arm of the child and turned it quite black. Cross examined : Witness had never seen a similar case before, except in a case of Ijer own, and then the midwife put the arm back.—Ann Qhapoian, who went with Mrs Luke to Smith’s house, said she noticed that prisoner had been drinking, as he was very boisterous. Heard deceased say “you are a rough man,” and saw that prisoner was not steady enough to drop the medicine iuto a cup.—Mary Ana Luke, resi dent of the blue Spur, was ou a visit to Coal Creek in December last. Had been practising as a midwife for twenty-seven years. She was called in to see deceased, and examined her, finding it a very bad case, as the child’s arm protruded, and it was a cross birth. Witness only examined deceased, and did not attempt to deliver her. The child’s arm was quite white and healthy looking. Prisoner afterwards arrived and was in a very excited and pulled the child’s arm. Witness told him he had no right to do so, but he continued to actin'a very incautious, quick way. Witness told him then that he could not be a medical man, and'that he would ' kill the child. Prisoner' .then said he had! been insulted by Smith and one of the women, and left the house. Witness examined the child’s arm again, and found that it hung as if out of the socket. The child was •dead when it was born. Cross-examined : Had met with similar cases before in her experience as a midwife. Could not remember more than one case particularly. In that case the child and mother both lived. Deceased’s bed-room was very small. Witness had not been instructed in the practise of a midwife by any medical man, but had read a great deal. Drs. Alexander and Thompson gave evidence for the prosecution, and Mr Thomas Cornish, Sergeant Daly, and Mr G. A. Smith for the defence. His Honor was summing up when we went to press.