Lent Assizes.
8efore MTr. JzlSticc PARK. CRIMIINAL CO11RT. Richard Overfield was indieted for the wilful murder of Richard lis infant son, of three months old, effected by administering to hirm oil of vitriol. The prisoners a nMan apparently in the conditlen of a labourer, about 35 yeats oi age, pleatled " not guilty."' He chal lenged three of the jurymeri, wvho accordingly withdrewr. Ar. SLAXEy statel the case for the prosecution. In the cour3e ofhis address,he intimated to the counsel for the prisoner thlat IIC vias about to open a conversation between the prisoner and his wife' and called his attention to it in order that he miglht object in the first mustance,if he shiould think proper. Mlr. CORDET said hie wouldi avail himself' of the opportu'nity thus considerately offered, and submit to the Court that no statt- mentof the vwife could be evidence, inasmuch as she couLld not by law be examined on oathagainst or infavour of-her husband. p ar. Justice PARK observed there coiuld not be a question that any thing said by the wife, as by any one else, in the prneene of the party acctised, was admissible in evidence. AMr. S1.AkNEY proceeded in hiis statement ; and entreated thejury not to suffer the aftecting circumstance incident to the case to create in their minds a bins r favourable to the prisoner. Louisa Davies was then examined by Mr. lhtROy, sind gate evi- dence as follows.-I1 am thie wvife of Jonathan Davies, who lives at Bridgenorth. In September last we were near neivhbours to the on- soner, wbo worked at the carpetmantifactory in that place. He had a chiild which wasL three months old on the nmorning of its deaths . Between II and 12 of Sund rnoray ing tthe 21 t h S I heard a lIcavy- screaming frohm the prisoner's wife. Thisfled mue Im- mediately to the prioner's hoisie. There I saw the woshtan in the kitchen near the table hiolding the child (whichtoa a sucking child) to her boso-mi. The isoner was therm, hid several other persons. His wife put thc child's miouth to her: moutb,and her toneue into the mouth, andsaid something ftade lier inouth smart, and felt hot, sour, and btter. She said to her husband-h 0 Dickn Dick! what have you done to my child ?"' He replied, "1 Nothiing at all-, my wench bat the black cat got us to the child's moutI and broughrfoam up, and I Eocked it off." The lips of the child were blistered and white with foam. Mrs. Overfield left the house with the child to go to the doctor's, in great distress. Cross.examined by Mhr. COhilEE T.-The hiouse of the prisoner stood in arewof louses, and I livedinthe nex tot whis. Re-examined by Mr. RlTip-swrhI had seen the child that moning at eight o'clon , and it was t.hen well siam not a mother. iMr. Edward John Spry said-in September last, I -was assistant to Mlr. Hail, a surgeon at Bridgenorthi. Between 11 andt 12 in the forenioon of the 21Ist of that month, Airs. Overfield came to mae, and brought her child. She was in a state of great agitation, and was crying violently; so much so, that for a timeshe was unable to te ll er erran . She pointed to the child's mou th, and desired me to tsate its lips. I did so, and found a very pungent acidI taste, which no female milk could give. The lips werewhite and shrivelled, and had small blisters on their inner surface. There were similar appeararnces on the inouth and tongue. The child appeared in violent agoive, anid threw itself about so that it was difficult to hold it steady. I con- cluded the child had swallowed somiesid and surmised from the taste it was sulphuric acid, which is, popularly caUed oil of vitriol, anid is one of the strongest mineral poisons. As ' tliought tihie case of importance, I wished Mlr. Haill to see the child he accossdinily naw it; and, on consssltatiou, we agreed to give it niagehesia susperded in water, to neutTalzethe acjd,art alternatelyadiuent drinks,: isgruel and arly-wter Msa. verieh let te house with the chi Id, and lalost~mediteh flloedtose tamnyeslrections wergpyoney obseved Whe I rried Ifeud te roon-i near-lyfiled -oiith ihe neighburs; neof hom h1d the~hildon he lop,anld ~,es ad-4 chil anyfbe, ix aaymedcine 'by mitake h replled r[that hia ti~a IibE, bu 'hi yWkdif "kel t& bil ltcI 'ea oft the child. I asked where the. cat was?. fle.-aid it was ouit. I ordered it to be brought ; it was. broughir; I asked the prisoni'r if' that y'as.the cat; he said "1Yes." I exatmined the paws and the moutn of the cat, but 1ound nothing. unusual; and putting m!y linger to its mouth tasted it; and found no trace of acid. I said the child had swallowed oil of vitriol, wrhich was poison, and askedl if theylhad any in the house? He said, "No.1' lexaminied care. fillty, but found none. I asked the prisoner if helkni* what oil of vitrol was? He said, "No." l explainied it3 ordlinary uses, as to miake blacking and clean br'asses; but he said he knew notisiny of it. I examnined the clothes of the chtild, and those on which it lay; andI on the child's frock, I saw two or three red spots, some inches from the mouthi. In order to ascettain if thtese spots were recently miade, I put nmy tonguie to eachi; ana eachi communicated an acid tas-te, such aslIhad discovered in theimouth. Tlhe fockiwas adyed cottoni, which the acid would turn red. The wife wvas all thi.s time in great agitation. I saw thec chiild was in danger, and returned f'or a short time to lMr, Hflal's, after which I went hack to Overfield's. In a few ininates, Air. falail jined mec; we reneweti the examiination and founid a red spot on the mother's dres at the breast, whiich mighithave beenocc,asioned by contact wYithithe child's lips. When first the child was brouight oie, thte lips hiad no froth on themii; the sensibility of the stomach was too muchi mnpaired to allow of' the effort to vomiit. At mv second visit, in company with Mr. Hiall, I examinied the clothesCof' the father, buit found no particular appear- ance on Iiis dlress or person. About one, I found the infant was in- capable of swallowving ; soon after it breaithed with di'fficulty and noise; the extremitieis grew coild; the powers of life were evidiently sinkinig; anti at three o'clock the child tiled, Cross-examined by M1r. OUoasE'f.-Children of' this age are 3uojecet to viole-nt attacks and convulsions, calculaited to excite gre-at ailarm hi those wvho may witne-ss thiemi. TIhe poison in question hias been1 frequently administered in rinstake for medicine, even in ptiblic hospitals. Re-examiined by Mlr. STrA\Fy.-Convulsions couldt not occasion foami, or redi spots, or the acid taste on the child's lips. Mlary Nichiols, an old wvoman, examinedI by, Mr. RVAN ISaid-l lived in Septemuber last its thle next house to the prisonet on the other side fromi Mrs. Davies. There iS a winidow in mny hiouse look- tng inito the prisoner's garden. A railing, by the side of which is aL walk, psasce fromi opposite this window to the bottoim of the gar- dcii, where is a hedge. On the merning whecn the chiild (lied, be- tweet. one anid two, I was at thie winw and saw the prisoner'walk dean tite garden, andc wvalk up agiai; wheni he was at the bottom, fihe matde a kinid of' stoop as he 'was turning, and wvent tip again. I pointed OaVLt te spot whsere he miade this stoop, somne timie after, to Louisa Daivies. Cross-exami dAny personi in theroofhussweetepi setter livcd mighit hiave seen himi in thie garden. Wlheis he stooped, lie seas only Six or seven yards froin my window. 'rhieothier side of the garden is usecd as a fold for cattle, to whichl mnany people hiave occasion to resort. Re-eNamninetd.-.The hand whichi lie inclined was turned fromn me. There was a hole in the paling where he stooped. Louisa Davies, beinig re-called, said-Thie day after the chsild's death I went to the hiouse of the prisoner, whiere his wife wras in dittress. Slie becausie faint, and I took hter into the gardeni. As we wvere walking round it,I saw a phiial oin the other side of the paling at the bottoni of' the garden, where there was a hole in thie fence. r Picked it up; took out the cork, and smelt it. Its colour was black ; thlere was abuut a teaspoontbul of black liquid in it, sand it smuelt very strong. M1ary Nicliolls has sinlCe pointed out to inc the very spot where I found thise phjial. There was no writing oni the phiial. On iny, return to the liouse, I senit for Mr. Goodall, anid saw thie same pliial delivered into liis handls. ft was broken slighitly at tdie neck. Abouit clou,It in the' morning of' the maild's death, I saw it sucking at thie breast of' its mother. I hiave seen the prisoner at other times with the child; lie dit iiot take iruchi liotice of' it. Croe,ssexamnined.-..The spot at the bottoir. of' this gardeti was not pointed out to me till last Tuesday. Tu'le phial was a plain otio, with no mark butL the break at the top. Thomas Rtoss Southwell, exaniliedi by .'t1r. RVN said-I ami superinteadent iii the carpet'manuflactory of IMessrs. W.M'Iichael, at BridIgcnorrlh. The prisoner hiad been einiplaved thjere at trime.', for years,ini the washing of' worsted yarns, acud woikeA there at the tiose of the citild's death. Oil of vittriol is uised in thie nianufactory, in quamntities of several gallons weekly. It is kept insa smrallrollm ad- joining the dlye.hottse, the iloor of whiich iQ opeti during the day. To this rooin the dyr onily have a righitto resort, the labourers tiave miot but the doeorrinnunicate., with ttie yard whiere thie pri- soner mvarkedl. The oil of vitrol is kcept in % large g-lass bottle. con- taining a hiutdred weight ivheri f'ull. Thte prisoner was at work, there on shie Saturday. He could not fail t) know that oil of' vitrol was used in the factory, On .Monday, the ~22dof September, he was at weork as usual. I saidi to h im, " Overfldd, what is this report kconcerning the chiltd being poisoned ?" He answered." I dlon't knw"I a sked, " Is the child dead ?" He answered" Yes. I said, You have been in the hiouse and isuit know what caused its tct. Fle said, " I was standitng by the fire dioing somnething to the Pot I heard the child cry, and turned myself round when I sawv a black cat on thie chiiltl sucking its b-eathi; I knockel it off, and that is all I know ahouit it." I said, " There will be an inquest on the child, atild it will be otpened :" he replied, "1Let tieitn open it, and thien they will see." Thiat was the wltche conversation. Cios%-exam~ined.-T2he prisoner wvas a lalnourer,not a dyer, and lhad no business in thte roomi whtere the oil of vitrol was kept. The trans- action had occasiotied a great sensation, vet lie camie to his workc as, etlital. I hiave kniown binsi fromi his youithi; lie was always a quiet, hard-working, peaceable mnan. Examined by Mlr. Justice PA R Kr.-The prisonier earned lII,Q a week. The roosa where the oil of vitriol wvas kept was often left with no one to it. atid the key iii the tdoor. Edivard Goodahl. exainined by M)t'. SLANoEy,,said-On Monday, Septem-ber ~2-, I went to the house of tht pris onier. A phial was delivered to ruc there in the presence of IAuisa Davis. I took the bottle to MIr. HaUs, aiid showed it to him end Mr. Spryv,vwho poured thirceedrous out of it. I have kept it eser since. After tite pet- soner was taken, on Trhiarsday, Septemiber, 25, he was at my house waiting to be broughit to Shrewsbury. Before be Wen)t lila wife ca-me to see him. She said, " Xy decar Dick, go Ownvi on your knees, antI pray to the Alinighty, to 'forgive y-ou for what you hiave doime, and always have the truthi in vour mnouth." Fie ans'wered, "1I have the truth at my, Yrongtte's end, but I dave not speak it." " Mly dear wench !" lie addetd, " you hiave got my wvatch ; keep) it for my sake, us I shiall niever comie hack, And give miy clothes to my poor old La- titer." Th)eprisoner's btites -isinathiswcunty. Mr. .Joseph falal, thie surgeon, examined bv Mlr. RyANv, said-I tasted the lips of' the cliild, whichl were blisiered, ancti found thiey hlad an acid taste oit themn. t attended the Corotter's inquest, anti opened the bt,dy of the chiild. (In laving~ open the cavity of' the belly, a blood-coloured fluid escaped; n'early a Pint whichi remalti. ad wits preserved for the pusrpoFe of' examini(ation. The great cuirva. ttore of the stoniacli was corrodetl, anti retduced to a black substance Of'tite conlsistetlice of wvet browni papcr. The gullet was contracted, and the internial Iitiiing corrothedl. Thec membiLrane lining thie miouth and tongue wasi of a dutll white colour. The lips ivere intenially, blistered, and externally they were of a (lark colour. I atialyzed the substance found i'n thie ciilitl, anid detected a conisidierable tquantity of suilphuric acid,or oil of' vitriol, which was quite suflicient !o produce thie effects whichi I saw. (joodall gave v.phtial to Mir. Spry in mny presence, anti lie poured oat a drop I analyzed it, ats'd found it to be oil of vitriol like that found in the stomnach. A mtxcli less quantity of oil of vitriol thiani that found in the stomnach was suf- ficient to cause the deathi of the child. I have iso dloubt whatever thiat oil of vitriol seas rite cause of its death. -MIr. Spry, being recalled, staredl that he entirelv agreed with Mr. flail1 in htis opinion, andi had tio duubtthat the oil of vitriol found in the clhild's stomachl occasioned its cheath. Dr. Jiugard, a physician in extensive practice at Shirewesbury, tatyng attendled to thie evidence,ba ik'avo it as hisopinioii that the quan- ttotoil ruf vitriol described as-found in the stomach of the child would prodluce death. IlIe had analyzed a paTt Of the contents of the stomachi, since diluted, and traced oil of' vitriol, Ile liad heard commnon peoplec seak of' chiL~lreis (lying ft-em a cat sucking thteir brZaths ; but lise did not believe it. On cross.exaniination, Dr. Dugard said, a cat, lyingon the miouthi of a child, tniglmt stop respiration, and so iiroduce the convulsions of death ; but in thiat case, the appearances on thle body wrould hiave been very different. Goodall, the constable, being recalled, proved tChat the prisonier Aonl the child were nansed in the indictment by thenames .whichi they were reputed to bear. Clement Hughies, the othier superintendent. in the manufactory, was put into time box as being on the back of the bill, but was nort askedI any questions for the prosecution. Behiig cross-examined on time part of the prisoner, he said that he always conlsidered hima peaceable and humane nian. .Mr. Hfall, being rec-alled on behialf' of the prisoner, said, oil of' vitriol was applied to the hoofs of cattle on certain occasions, gindi an undiluted 'state. This was the case for the prosecution. Mr. JUStice PARK iiifortued the prisoner, that this wvas the time for hiim to make his defence. The prisoner, whio seemed at first scarcely to understand the ques.! tson, at lengthi said he osaly wiihed to say that he was innocent o the crime,of r.CORD ET said, that as this prisoner had already received an excellent cliaTacter from the witnesses for the prosecution, he shiould not call witnesses to speak to his humane dispositioni. Mlr. JUStiCe PARK, atifer expressing his satisfaction at the great attention paid by the jury to this most imiportant case, read over the mvhole evidence, and commnented on its bearings. The jury, after a consultation of two or thiree mninutes, returned a cci diet of Guitlit. Mlr. Justice P~AP proceeded to adldress the prisoner to the follow- ing effct:i-"1 Richard Overfield, you have been convicted, after a nsost fuUl And satisfactory tria, on evidence which liasa left no doubt on the mind of asiy man who hitis heardI it, of' the murder of' your own childl, the fruit of your body, aitic whom you were bound by every tie of'nature to protect an.dto cherish. The only- ~Ificulty-whi6id ime jury could for an instant f4el, buit which rite wveighst. of proof coimpiLeely Overc4are, wa-s in conceiving a snotive which could loadh ysou to take away the life of an infant which wyas inicapable of offeniding YOU, by the niost horrible means. Butc I, from reading the depositions takr-n before the coraner, knew, what I carefully concealed from the jury until now that they have given tceir verdict that the unhappy woman, who is now the wife of your bosom, was with child by yoit before marriage, and that you often expressed on that account a hatred to the infant and her, declaring "t that you would not support her or her bastard ;" bat yet, how you could administer this poison to the poor child, knowing, a' you did, the agony it would cause, I cannot imagine. I have only one consola- tion as re3pects you-that you have now been for six months in pri- son, and that you entered it with a conviction of the punishment which awaited your crime; and therefore I trust you have sought mercy where alone it can be granted, and where it is never sought in vain. If not, let me implote you, for your soul's sake, to lose not a moment; to betake yourself to prayer and to re- pentance; and to seek mercy fromn Iim 'with whom there is plenteous redemption.' The sentence of this Court is, that you be taken from hence to the place from whence you came, and from thence. on Mllonday next, the 22d of MIarch, to a place of execution, and there be hanged by the neck until you are dead; and that, after your death, your bedy be delivered to the surgeons to be anatomized, and may Gol have mercy on your most guilty soul." The leamed Judge was so much affectedl during the delivery of this address, that he was scarcely able to conclude it. The prisoner, who lad stood erect at the bar, almost as unmoved as a statue during the trial, was taken from the bar without mnanifesting any emotion. LENT ASSIZES. j SIIREWS]URY, FRIDAY. MARCMr 1g