MAGISTRATES’ COURTS.

Globe, Volume XXII, Issue 1965, 11 June 1880, Page 2

MAGISTRATES’ COURTS.

C H EISTCHUECH. Fbidat, Mat 11. [Before G. L. Lee, W. Deamar, and J. P. Jameson, Esq., J.P.’s.J Infanticide.—Jane Mathews, on remand from Juno sth, was again brought up on this charge. Mr Joyce appeared for the prisoner. George Harris stated he was the son of the Rev. W. C. Harris, Park terrace. Remember Friday, May 2Sth. Was walking along the terrace about two o’clock that afternoon. Saw a baby in the river. It was two or three yards from the bank of the river, at the bottom. It was not dressed. I told my father. I wont to the police station and reported it. Passed by the same spot the day before. Saw nothing in the river. I showed

it to the polios. Detective Benjamin took it out of the river. He took it away with him. It was opposite the junction of Park terraceand KUmore street. By Mr FJoyce—Did not see the baby there the day before. Waa not looting for it. It might have been there. Pass there every day on my way to school. Several school boys pass that way, near the rm A , tw ° brothers were with me that day. _ Detective Benjamin stated that he accompanied the last witness opposite to the junction of Kilmore street and Park terrace on Friday, May 28th, who showed him a newborn child m the river; it was about halfpast three o clock. It laid in the bottom of the river about nine feet from the bank. He toot it out and placed it in the morgue at the police depot. Arrested the prisoner on the 3rd of June at Thomas Shannon’s, bootmaker. Victoria street, and told her she waa charged with infanticide, explaining the chaiga to her. She said she went out of Shannon’s between seven and eight p.m. on the previous Thursday, and went up the street to the bant of the river, whore she was confined. She said she was confined of not quite a child—which meant prematurely born. In coming to the lock-up she pointed out the street she went up at the back of Shannon’s. It was Kilmore street; it ran to the spot where the child was found in the river. When in the morgue an inquest was held on it. The banks of the river slope to the water, but nothing would roll down them. Grr-s grows to the water’s edge. By Mr Joyce—Nothing would roll down, not even a ball put on a grass grown slope like that. The grass is short. Did not measure the distance where the child laid ; it was about Oft. ; a long rake waa gat, and that reached the child. There is a cab stand at the corner of Victoria and Elmore streets, but never saw a cab on it Believe ifc is a cab stand, but; cannot mation of the stone pitching it he would wait for a cab or not. Did not tell the prisoner who I was. When first saw prisoner said to her, “ I hear you have had a baby.” She began to cry. Do not remember what prisoner said to me before the arrest. She said nothing particular. Told her she need not ha afraid, nothing was going to happen to her. Was not wheedling round her for information. Explained the term infanticide to her, telling her it meant she had had a eh'ld and murdered it by throwing it into the river. Will not swear tho very child she was delivered of was the one picked out of the river. She concealed nothing. By tho Bench—Am not aware of f R the proclaimed cab stands. Detective Neill was present with Detective Benjamin when this child was brought to the Morgue on the 38th May. It was a female child. Dr. Anderson afterwards made a post mortem examination of it. C. M. Anderson stated—Am a duly qualified medical practioner living in Sydenham. Waa suppeoned by the coroner tomako a post mortem examination on the body of a female child, which was done on May 29th at the Morgue police depot. It was a full grown female child, that had been recently born. The infant’s left lung was not fully infixed ; the child was fairly well developed. Could not detect any traces of food in its stomach. Cannot attribute the child’s death to any cause, for I do not know that it was born alive. If it had been born alive it might have bled to death. .Another cause might have been that it was drowned. Went to police station on June 3rd; saw Jane Mathews, and found that within six or seven days she had been confined. She made no statement to me regarding any cb’ld. By Mr Joyce—Found no food in its stomach ; had food been found there it would have proved it had Jawallowed. Saw prisoner in presence of Mrs Walsh; asked her if she wished to ssy anything, cautioning her that anything she might say would be used as evidence, giving her free choice to say anything. It was perfectly natural she should hesitate to be examined. She said I do not think I am all right. I said in your mind. She said yes. Afterwards she assented to be examined. I could not say that this child could have been born alive, but I think with proper medical care it might have been. Margaret Shannon stated—Am wife of Thomas Shannon, bootmaker, Victoria street. The prisoner, Jane Matthews, has been in my service as a general servant. She came to me on the 13th May. The following day I noticed she was pregnant. On the 27th she complained of a cold, and left my place to go to Dr. Townend about it, this was at seven o'clock. She brought a grey blanket downstairs with her taking it in her arms. She returned the same night about half-pest ten or a quarter to eleven. She had a handkerchief up to her mouth. Asked her if she had had a tooth drawn. She answered yes. Told her to be careful not to get cold in it. On Saturday, I noticed that she was not so stout as before, and accused her of either a miscarriage or having a child. She said it waa nothing of the sort. My reply was, as a married woman and a mother, she then said she was three or four months pregnant, and had had a miscarriage. Asked her where. She said near the blacksmith’s shop near ovr back gate. Said she fainted at the time. I believed her tale. Asked her what she did with tho grey blanket. She said it was in the safe in the yard. On Sunday morning, May 30th, she came down about eight o’clock. Said she felt worse that day. Next day, she said she felt much better. When the evening’s paper came in containing the account of a newly-born child having an inquest held on it at the Clarendon, read the account to her, saying “ Jane, I hope this is not you.” She said it was not likely ; she would not do such a thing. Told her I must get Friday and Saturday’s papers to see more into it. Said to accused, “Whatever you had there was life in it.” She took her oath, and told me what she told me was true. On Thursday she told prisoner that if she did not lay an information she might herself get into trouble. My exact words to her were—Jane, I’m not going to deceive yon in what. I am going to do. I think I should only be doing my duty in making your ease known to the police. Come out and show me the spot where you had it. Her reply wee, she was sure it was eleared away before then. My reply was, if it had it would have been taan. She then begged of me to let her take her chance —let her stop for a few days more to see if she would be found out no not. She would not take any wages for the time she had been with me nor for the time we might let her stop. She could not see what trouble could befall me. Said nothing further —nothing about the child. Found the grey blanket in the safe, where she said on the Sunday morning; it waa rolled up very tight, and was wet. By Mr Joyce—Prisoner was taken an hour after this conversation. Gave the police information. Cannot say if the baby found in the river was Jane’s baby ; never saw it. Found her a decent girl in all but this. She had been working about all day on the Thursday. We have four children. Did not trouble to ask her when she would he confined, ss we shouldn’t want her long. As long as she did the service required it made no difference to us. She want out In a hurry and left everything in a muddle. She went out the back way ; usually she went in and out tho front way. Did not ask for tho blanket. Noticed on Saturday something was wrong. When she took her oath she did it willingly; did not ask her to do it. Did not doubt her word ; do not doubt it now. Gave police information an hour before her arrest. She said her friends advised her to go to the Hospital. She was absent from 7 to a quarter to II that night. Her wages were 6s per week. She had received no wages. As long as she did my work and got away before she was confined, was quite satisfied. This was the case for the prosecution. Mr Joyce submitted there was no prima facie case of infanticide, as the case was not established. If the charge was concealment of birth that was another thing. There was nothing to substantiate tho charge. She suffered most. She was more sinned against than sinning. A stranger in a strange land. An institution was ready to open its doors and keep her for a period of nine months, which, if their Worships would grant, she would a better girl. He submitted the evidence would not justify it going to a higher court. The doctor’s evidence had no bearing on this, as tho child was not proved to ha that of accused. Mrs Shannon’s evidence was of the most heartless description. So long as her purpose was served she cared not what became of the girl in her hour of peril. There was no concealment cn the part of the girl. Several links were wanting in the evidence, and let the prisoner have the benefit of those missing links. Without any wages being paid, or any care, at the last extremity, she was helpless. He entreated that the alternative he had asked might be granted, that in days to come, when again restored to the means of earning an honost livelihood, she might reflect that there wore humane gentlemen on the Bench, who gave her tho chance to retrieve tho present. The counsels eloquent defence was loudly cheered in court, which was duly suppressed by the police.

The evidence having been read over, the prisoner said nothing, and was committed for trial at the next session of the Supreme Court. Mr Joyce applied for bail, asking if her own recognizances would be accepted if •he went to the Refuge. The Bench could not accede to that request. Prisoner was removed in custody—the question of ball standing over. Dbunk and Disobdbblt. Two first offenders were fined 5a each, and Is cab hire. Wm. Thompson, a previous offender, who was convicted so recently as May 27th, was charged with this offence, Bench said as he had just undergone a fortnight’s impthonmei t, he would be discharged on pro. miring to leave the town. Sureties of thb Pbacb. —George McCullough was charged with violently assaulting and beating Jane McCullogh on the 9th of June. Mr Joyce appeared for the prosecution. Jane McCullogh deposed that on that date prisoner struck her on the side of the head, and had threatened her before ; he said he would knock it out of her. She prayed that he might be bound over to keep the peace. This was the liith time he had assaulted her, but she had as repeatedly forgiven him. The prisoner said his wife was always annoying him and worrying the life out of him about a woman next her, for which there was no foundation ; he never ■truck her. She nagged him for hours, and at last he gave her a shove, that was all. The Rev. E A. tingard would say something about them. Rev. E. A. Lingard deposed that he had known the family for fourteen years and had never heard anything against them. On the 14th of April the woman same and complained about her husband. He was very much surprised, and then the prisoner said the same as he has now said. He thought it a paltry affair, and might be made up. They were both very respectable. Mr Joyce asked that priso er bo bound over in a small sum, as he bad no business even to shove his wife. He could suggest nothing in the matter, having just been advised by Mr Deacon to act for him. The Bench said the case would he adjourned till June 25tb, hoping it would be amicably settled in the meantime.

Bbeach of Lobd’h Day Act. —Henry Marks was indicted for this offence on Sunday, June 6tb, but failed to appear. Mr Joynt appeared for the prosecution. Henry Coles deposed—l am a constable in Christchurch. I know Henry Marks. On Sunday, June 6th, at ten minutes past eleven, was near his place of business in Manchester street. The shop was open. Saw Mr Marks sell fruit to one William McGregor on that day. The accused was present. William McGregor, a lad, deposed that on Sunday last, about eleven in the morning, he bought 3d worth of oranges from the accused. The shop was open, and the stock displayed for sale. Mr Joynt called attention to the previous case against the prisoner, when he was sentenced to pay a fine of ss, but in defiance of the declaration of the law he still exposes his wares for sale on Sundays. He would ask that in addition to the fine, the Bench should impose such costs as would deter him in the future. He would refer to the 34th section of the Eavenue Act, 1866, where such course is provided. The imposition of 5s fine and 2s cost is not a deterrent, and as legally only one offence can be committed in one day, it suited his purpose to be fined in that manner. He would ask that ho be made to pay professional costs, as that was the only way to make it so serious a matter as would make him close his shop like other people. Ho submitted it was not right that the Government should pay the legal fee. The defendant should be mulcted in that amount in addition to the fine and Court costs. In answer to the Bench Mr Joynt | said this was the third prosecution. He gave notice, in the presence of Counsel, on the last occasion, that if it occurred again be should move in the way he had done. The Bench ruled that Mr Joynt’s application should be granted. It appeared, as he had no to defend, he evidently thought ho should get off with the 5s fine. Fined os ; Court costs, 2s ; solicitor’s fee, £1 Is; and costs of one witness, 2s ; in all £llos.