ALLEGED CHILD MURDER

Manawatu Times, Volume X, Issue 135, 20 April 1881, Page 2

ALLEGED CHILD MURDER

The hearing of the charge of alleged child murder, preferred against Joseph Hall and his daughter, Christina ffoodrum, was resumed yesterday,' before Mr. Ward, Resident Magistrate. It may be recollected that when the case was adjourned last Thursday, the Crown had concluded the taking of the evidence bf Constable Coyle. Yesterday morning the case was re-opened by the evidence of Alfred Slight, who deposed : lam a farmer and also supply milk. I know the prisoners and used to supply them with milk at Marton. I used to deliver the milk at the front of the house. I I have seen the prisoners" together there. I have seen them m bed together m the front bedroom. It is about two years ago since I first saw them m bed, and about eight or nine months since I last saw them. It was about half-past seven m the morning. The door was unlocked, and the female prisoner asked me to go m for the jug. I then went into the kitchen. The bedroom door was a little open After I put the milk m the jug, they commenced chaffing me, and I pushed the door open and looked m. Maurice Sullivan deposed; I am a detective police officer, stationed at Ifanganui. I remember Sunday, the 3rdT instant., I saw the male prisoner , on that day at Marton just outside his own house. I had a conversation with him. I said to Hall "there are rumors m Palmerston regarding the birth «f a, still-born childl People there say the burial was irapto. perly carried ont, and although as I understand it, the fault lies more with the Registrar at Palmerston than with you, still the police have been now called m to sec that the burial has been properly conducted, and takes place m the Cemetery. I would therefore advise you to some with me to Palmerston on Monday, to recover the body, and see it interred. He met me at the Marton .Railway Station oa Man-'

day, and accompanied me to Pal* meraton. I had previously asked him who the midwife was, aad he answered thit hit daughter had no midwife, that the had delivered herself. I called at the police station at Pelmerston, and took a spade; .from, there. Prisoner H»U led me fitty-d^t tbains mto a paddock irom wherehe had lived m Palmeraton. In the njiddle of the paddock, and about four, chains from .the road, he said " Thi« it tbe^kee." He dog into the groturd and uneoTefed a small box, which *fra* about two feet deep into the earth. We, took it from there, and conveyed it Jo the. p^Uc&ttaUon T^a^be^|opk»ppßaei'■ionofthenboi r lsaSr"i)oei that box contain the body- of the child yoer dansh•iwrgawbiMh^rlH»^»Flli^»Te.> On the way to- the station, HaU.Kdd, "If "there is anything wrong with that child, I know"nwlfio]foTnr i Thad not up till ■then Mnted:the possibility ofV there beins; anything^ wrong. Hesiu*, >' My daughter said that it , was^dead when it .was bom and I know that it was dead when I saw itr j Hall placed foe &x m ope of the cells m the ldck'-up; ; and" I locked the door and took possetsioittrfSthe key. Ln* mediately afterwards I-called iivDr. Marriner, and requited him to make a post mortem examination with a ntjt of ascertaining whether or hot the chitd had beenborn alive. I saWtfie box opimeuVand that it contained ffieQibay^aJcnilff^t had * £?£ OT^P4 raw ° Lover the««i#and fact. The prisoner SiaiaStnat the child was born on Jta_jame«4ajuthj!t .jConstable Coyle tookliinr(prißoaer) toMarton and da*: Ijtfcertained by the police, book m .Marten that that was on thW 21st of February. He buried it next day-afte*-his*return from Marton. I arrested, Jhe, prisoner, aboirt.bjlf-pait six the same night, tha^was.the4th,,teHing him that I arrested him on the "charge of Wilful, murder of a female chiM of Christina Goodrhm, at Palmerstonbn the 21st ot Februarys 18*1. Prisoner made no answer, but about t wo i minutes afterwarda he asked if could be allowed! out on bail. When, J told him, the, charge be said nothing. Constable GiUejpie was present at the time of the'arres(.': On the following morning 1 arresfefih 7 * 5 female prisoner, Ghri«tinamodrdni, r at b Ma Irto1 rton t on the lame charfe, iatid««he aai*'« I did not kill the cbild.7 Some time' after the prisoner, had. been, locked up, I went ;into> a little room adjoining 'the cells f to do> some writing, when' /she. complained of the cell being very dark and j invited her to sit m the office 1 whi^ I Was tfiere; and handed her a chairi - Bhe ; saitf , •* Mr^ Sullivan, why did »yoff arrest my father: he knows nothing of thi» matter?" Si Qa the Tuesday night ifc took the prisoner Hall from Palmerstqn, to Marton and put him into the adjoining, c«ll ta that ia which his daughter w^s confinedf,"saw.hin» locked up and left. Some few minutes afterwards I was m the passage be^weea the office and the, cells. UjeanLa conversationbetween the prisoners, rfrisoner H*H Baid, ''Keep up yonr hearts my darling; they have us n O W for.eie^t days, but I think that wW be the end of it. I do not see what they can do with vi, if we only keep our months shut." The female prisoner said, * Father, do 700 think Mrs. — ■ — (mentioning a name I could not catch) will round on" usT* Hall answered; •» I do not; see what she can say. She can think what abe likesL. but she saw nothing; It rests entirely with ourselves; se we most keep our mcuths shut." „ She 1 replied, * Father, it will rest with the evidence thfeynill bring^ against us ; there is no telling what these people may find out; they seem to knovr all already.'* I left the place immediately after. They did not know that I was m the passage.. , <, . •/, ,-. Cross-examined by Mr. Hawkins': I did not hear Mr. VValkerV name mentioned. lam positive I havt detailed the exact words used during the conversation. I made a memorandum, and I have got it off by heart pretty well. I fakve not got the memorandum book with me It is m the police office at Wattgsnm • ! I donot carry italways abort m my pockets I swear the exact words are . just as I have stated them. I have left no memorandum to that effect at. the office here. I may have! left acrapa ttf the evidence. I first write one thfng Wnd and then another, as they occur, when 1 am making out my briefs On the 3rd f April, I had a coniersatioqiwith -Hah and my evidence ia exactly the , samej as what I said to hfm" I made a memorandum of the conyersition, next <''»f'. I did not tell Hall %faat^he; : should P 'hkve to go to Palmerston ; he made no demur and answered* meSquite' stta^bt enonebu He told me that be saw Mr EeeH6r, and that he bad told him thejt wM>nomeed to register as the child was dead bom WSen IwenTirihT^OT^^n^miday I was accompanied by Constable Coyle. e «^°^ ed at tne do °r_.and_saw the *iemalc;pirisoner, who said her } 'fstiSer at the bask doing something to and she oflFered to ca^hwn |q 4 q-dftj-not promise to^yh^itrainjfarefta Palmes ston, but eventually he' 'promised to meet me at the railway latatienUlWii^hTHall was about taking hi|Tiisket for Kilmer* ston I advised him to take a return ticket as he would Dehorning Jteeic that night, We J ot i^ a te^lM^f fed that weiliould <»U it^f polieeltation and get a spade. Helt{ien4ed m^in^Un saost direct course to . the" paddgek, ' withpnt going near the houue. A« he was .picking the box ont of the boiei I,aak^d:him what it. contained, and he'ranawered that it was his daugh^y;biawi question to him to draw forth the remark "If there is anything wrong— wrrhrtht , child, I know nothing about, was opened m the prisoner's preseqj^f I saw the box opened. The. body was lying o* its bacic, and "there wW' fs>^wrapper round it, pinned on., r The chUg had a bag over its face; ; it wm npt » <ehi|dV night cap. I did not salve the articleTand the body was buried again. v Th% t ca t ßwas ordinary strong calico: *fkt neck m the back, but only reaobeo^^i* chin m front. Ido not beUere therewas a string, to it. $ The chilgl laid The body looked m a pret^fiur state of preservation. * I^t ffiVtrnftions from my superior officer inward to the case. I had no instructions^ta hold an inquest [Here Inspector Jamts gstsdß that the troroner h ad^re fused hoMtheinquestJ The post-mortem examination occupied about naif an hour. There was only une pail of water used medical purposes. After the examination }\M m i H T l^Hfti'?"* platform, but I sai3~notninTtoleadhmi to suppose that it ba^,fifflenlpHoi3"l told him he had better come with m^slsd the burial I asked him to accompam.me to the station where! arrei^^mW^H

was quite an hoar at large after the examination before be was arrested. When I arrested the female prisoner, the first words she used were, "I did not kill the child." That was 1 toot m reply toiany- . thing I said, but to the arrest. , The" two prisoners might, have been m the cells for about. half an hour, when .1 heard the conversation ' To Mr. Perkins: When the female prisoner was arrested she; sai«V" I did not kill the child," Her own children were present, and also Constable Coyle. He might bare heard. 'what she said. She exprjgjad her. willingness to come with ; me . ana said she was not guil ty On the way to the station," she said, "If you 'Spanish me you will be punlsning'ati innocent person,",! jSbe" Sraer -brought before .the Bench about an hour, after her arrest. #er feMef-wasHbe m the ieit at that time I, was very lijttle near the cell between the 1 titne of arrest and the inquiry. I kad a.cpoyersation with h|m after the remand.' I' locked" her in jthe cell after " Ti «fter r the 'remand. l I brought some blankets, into ithe cell,' but f ; did not: delay; • .*_ SL°JS?9k •OT3adJL»jay_CQn»ergation with her at the time. I did not take out a pipe, and smoke it m the 1 cell. I brought her out and gave her a chair, . telling her - that she couldsit there whiifel^remained. , I never asked her any questions as to'tbe case ;, she was talking atiout her children. She told me the father oif the child lived m Marfam; I may have asked her what his Christian name was. After the remanfl~l did not" explain the nature of the charge^ •inegtttgr caWtioned: nor asked her any questions, n6ir did I tell her that anything sherhaid would be used against her,,. l askel her> questions, but none m "reference to this case. I had b«ott on when I oyerheaTdthe conversation be- • tween the two' prisoners. I • Was rquite dose to' Hall,' and the trap-door was open I did'-not have my ear to the key-hole, as there is no such-thing, unless you bear through, a padlock. •. 1 bad my boots on ; the passage is not carpeted, but the prisonerscould not have* beard «iel as I walked on the grass. - 1 went there for y purpose— tojisten. I was standing on the boarded floW of itie passage when. I 4»t listening >Tto6!i¥6nt door' had' been left: open.LJtPW^al ifclwas-adi during the kcaring of the ea££§tj£arton that I overheard the , femaleT prisoner pay, M Do you think Mrs. A \. will round on us." It could not. po»sibly.b« there, as the two prisoner* were never m the Marton Court together. I did -not go to any other doctor to ask .hi m . to Assist Dr, ; Mariner. I consiieTed at the time that one -doctor was quite sufficient,. I have not asked any, other dactor since. I did not ask ifrvWaAttrton ,t* held an inquest. The Coroner did not consider it necessary AjLjaag^me-I-heard-he was agreeable to held %r\\ djd->receive instructions from my superior n«t to hold "an inquest. I saw no te«egra« fr«m my superior raying that it Was necessary ib held an inquest. I have^^eea *f telegram m Wanganui, stating<thaiit'wa« n«t-nes6ssarj to hold theiMfuest^ Wbijecl was aiPalnier«ton I did "nut know-that, my superior officer had seat word down' not to hold an inquest. I have assisted as a detective m a murder *ast. I had assistance from all the polierin.this rae. : Re-examined iy Constable Gillespie was instructed 1 tl^Wit'V'The telegram was fronvthe Coroiftr, which said that no inquest was accessary. '„.1 , "■ By the Wm&ft I ieafched %c house m Martopu not the jKuse.in Palmerston, the Utter befnjr m the J owupation 'of a fresh tenant. Tni abox m the, ft ont r om I found some babjr linen. Constable Coyle and myself being family men considered that the baby linen was sufficient for;* poor, woman. . The baby linen was old, and appeared to have. been formerly used.-- - .»..■.--•:! m:. •.'■• : ■•■ ;i - 1 Hugh M arriner deposed^ f am a le-gally-qualified medical practitioner, rending.at Palmerston. On the 4tb of this month I was asked by Detective S.ullivan to go with. him to the police station. I was there sho'wna box by Detective' Sullivan and Constable vJ Gilh*pie'. It was like a small packing: ease. tlt was formerly fastened, ;but opened m |ray I'pfesenceby Cbnstablt QUlespje, T The boxcontained the' body of a child, but I could nofc«*y whether it was thsit of a male or female. 'It was enclosed m canvass, the doth being neatly .wrapped, round it but the i bead' bad a separate' covering, of what. appeared to ' be strong ~ calico. It aa- r peared tchaveheenaied round 1 the neck. As far as I cwja* thgre .were fragments of string there. HE cannot say m what manner the string' had^ originally been placed^ .The covering 4tserf-had-ttre~arp pearance of having cb^n drawn together round the^eckiby a strint; -Trom the marks of jtocfeering ? f«eh wcrifeiSf isible. The covjpf'completelyiovered the face. As^#ffiiiTremem!bffibe arms were>n& closed m the cjMGgulx.y *%.f'Qt^^:\Mi<l removed it, I^BMlj^^ihi^body^Nrhich wav lying on itt^^^lhjß^l^ti&t faj when an opening .was-; made, *!?lgr§hK X was up. part of thfe abi|iinKn>were : much' decomposed ; t|e s^fn|s^ the >Kast jfas of a dry parcbAent^itoe||pp^.rancer the skin on the skjm * i&mfrMin&fram the »» n « I t^^JptfS^lL-fhe^el ye. were sepraS^mV^M^b^ra^urof infjnry; the%mns 2 w^rwleeompo«ed/Thertf was no jMssibili.tf^f iewngariy .mai-kt jof, viblen^^less ot'fdactnte atfd tnere were Frpmjbeajjpearance.ofXhe child I should ■•yxit^^^lje^r^d^^lhttffva mo|tb^B sfcjto'tbe caua« oiKUsib^s^sHni^to thf^decompomtion of the body it was imposible to dedde. I-f«xamin«d; tbe thorax or chest, the ribs were, entire and notched ; on removing. thehLihe lungs and heart were visible, the CQveringSvpanly m a. state of p|tre.fra«|ion:.~,£ removed the right lung fmm theches^and^aibplietHthe hVdrostatiTtett^enti^Vu4to^ nlLterof-pic.es, «ml took them home, with me for examinatmn., Tbt Test-of' <»•' body was 1 so de-compo*d-l*t^^^i^i^i-|t:wbrtb; while to examine, any,furtber.T,nat concluded mjexaittlnatipn at ike police tion. Xnia'de' %4furtber e^aniinaiidn of the owt'«Ad*teft>lung7 I have" no doubt that the child- breathed, or the lungs had been.iufl^|ed,by artificial means. I ean»»TOo»i™v.feW!!« :Qf the clothing iqiichjhad^eji xonndjthe .body, %■ %Gxo9Kiiu*mt*%Fstii Hawkint ; I could n«t positively speak as to ttfe sex of th* «hildH^trtißjy ? opjniow:ii'thirtrrt-Wat a female. . I.examined the heart at home and found it ittd d^lbpeS f, ft Jiin^unaerrMe^c/isc/JB^^n^piher^i^u

compression, and I also weighed them. I came to the conclusion that the child had breathed, or the lungs had been inflated by artificial means. A child may be born with the cord pulsating, showing that the child is alive, and yet it may not respire. It may continue m that state for some time, and the child afterwards die from natural cames. The child having breathed would not nece arilv prove; that it had been born alive, that'is, that it had separate existence. .When ajchild l is born alive, bnt has not yet respired, its condition is not the same as foetus- in uteri. If lives until it respires, because the foetal circulation is still going on, as its life is dependant thereon In a shtrt pjriod the organs °do not, undergo auy change. I thought it Useless to make an examination of cer^ih* parts of the body on account of the "putrefaction, as I thought I shoald obtain no evidence. Had I examined the body before putrefaction had (foue so far, I would have been able to obtain further evidence to base my opinion as to whether or not the child had been 'born ■' alive. The character of the blood would have helped me, but it is not the test I should have applied.' I did hot find any portion of the umbilical cord, though I. looked Tor it., j cannot say wheth'eriit would have been converted into a ligament and t>e found m the, coffin. . The state of the body was such that the umbilical cord — that i* the external portion— could not be recoguisable. I did not search for any cotton, or thread which may have tied the umbilical cord. I examined the thorax, which was of the ordinary sizs. Tbere is a change m the shape of the thorax after it has breathed. The ribs are more arched m consequence of full i respiration. The lungs occupied a sitiia- ' tion as tiiey usually do when partial respiration h4s , occurred —that is when the lungs are: not fully ..inflated. I did not measure the lungs ; the edges were only partially rounded or rather the whole of the edges of the lungs were not rounded. It show* that the whole of the lung had not becpine inflated. The external color of the 1 tings was of a dark violet, and m places brown pritcroally, portion* were red. Kes lirations would' cause the color to be red ;.but what I tmwi woul l not be m Jicatire of perfect' restoration, because it did not extend, over the. whole long. I believe a long exposure to air might change the color, but I do not' exactly know the effect ; Ido pot think, it would lighten i\ Partial respiration would cause crepitation the whole of the lunjj did not crepitate, but about tkive fourths of it did. : I apphel the iniuroicops to the left lung. The micrnscopc ivai a powerful ohei It had the appearance of air cells. It was impossible to apply the hydroitatic teßt to tao portions which I had und«c the microscope on ac count of its mi iutentss. S.me imall portions of the! ft lung *0 which I applied the hydrostatic test sank, but the larger portions floated, .The light lung floated, which is an m lication thore had, been respiration. I applied strong comiprfsaion with my h«n 's but the lung ytill floated. Putrefaction did not take place oh. th« uterus of the child. It is possible that a pleased state of the lunge may enable it to float. The lungs floating is not an absolute of natural respiration,, .because it might be caused by artificial means. lean form an opinion that the child could not have lived many hours, I would: not swear positively that th 6 child, had lived. There was no evidence wbatevrf'ta prove the child had respired but no absolute pr 'of, but the same appearance . Cvjuld fbe produced by artificial inflation. I The cross-examination of Dr. Marriner occupied over three hours, during which time he was subjected to a somewhat 1 rigid examination as to the unison of his opinions with those set down m *' Taylor'* Medical Jurisprudence." At its conclusion the Bench considered there was » pritna facia case made out and prisoners were Committed for trial at the n<xt sitting of the Supreme Court, Wanganui.