THE CHILD MURDER AT STAGSDEN

Lucy Ellis or Low, 4, Thurlow-road Hampstead, domestic servant (33), was charged by George Mardlin, police sergeant, Turvey, that she did feloniously kill and slay a certain female child whose name is unknown, at Stagsden, on the 20^th day of March, 1876.

The prisoner was brought up under a writ of Habeas Corpus in the custody of the Governor of the Gaol, accompanied by the matron and one of the prison warders, the Coroner's warrant having being lodged  with the Governor, charging her with the capital offence of Wilful Murder, she having originally been moved to prison on a charge of manslaughter only.

Mr. James Pearse, solicitor for the prosecution, stated that one witness , Dr. Swinson, was absent through illness; he wished to leave it in the hands of the Court to take the depositions of the witnesses or to adjourn.

The Chairman : It seems to me advisable to take a great part of the evidence and then to adjourn.

Mr. Stimson, for the defence : I've no feeling either way; I shall be satisfied just as it suits the Bench.  She cannot be remanded more than eight days; could we take it some other day not Saturday?

Mr.  Pearse: All the witnesses are here except Dr. Swinson.

Mr. Stimson asked permission for the prisoner to sit down, which request was at once acceded to by the Bench.

Mr. James Pearse proceeded:  The prisoner at the bar was originally brought before the Court as Lucy Ayres on a charge of manslaughter, but a further investigation of the facts led to the conclusion that the crime, if substantiated at all, must be a capital offence.  It will not be necessary to detain you at any length as to the circumstances of this case.  In October last prisoner went into the service of  Mrs. Kirkman, at Hampstead. She came to lodge at Grey Friar's-walk in this town in January.  After she had been there a short time she intimated to Mrs. Hull her condition, and on the 26^th of January she was confined; the child was brought up by hand.  On the 14^th of March prisoner left with the child, and afterwards made a statement to Mrs. Hull that the latter had been left with her sister at her father's house at Stagsden.  She returned on the 27^th and stated that her sister had taken charge of the child.  On that evening it happened that William Robinson was in the sideway at Stagsden.  He found a bundle containing the body of the child.  He went to P.s. Mardlin, who will produce the things and also things found in the box of the prisoner at Mrs. Kirkman's.  There will be only two points for your consideration,-first as to the identification of the body, and I think the comparison between the clothes will leave no doubt upon that point.  I shall call upon Mrs. Kirkman to produce a letter she has received from the prisoner since she has been in custody.  Second, whether the child was suffocated willfully.  The surgeon will give evidence upon this point.  Your attention will be directed to the condition the child was found in, and also, I am sorry to be obliged to add, to the numerous false statements made by the prisoner.  I shall first call Mardlin, and have carefully avoided going into the details of the conversations.

P.s. Mardlin examined by Mr. Pearse, said : I am one of the sergeants of the County Police force.  I produce the articles which are on each side of the table.

Mr. Pearse : That will do for the present.

Priscilla Hill, 66, Grey Friars' -walk, said: Prisoner came to lodge with me in October.  She left on the 17^th or 18^th (of October).  She said where she was going.  She said she was going to the Rev. Mr. Kirkman's at Hampstead.  I next saw her about the 3^rd of January at my house; she came to lodge there; she did not mention any reason for her coming.  After  she had been with me for a few days she followed me upstairs and said, "I suppose you know what is the matter with me."  I said , "No , I don't."  She said, "I expect to be confined in a month." She began shewing me the clothes; she said her mistress had been very kind to her and lent her all those baby-clothes. I took particular notice of the clothes she shewed me; they were shirts, and night-gowns , flannel and diapers. I said the lady was very kind to lend her them; she said Mrs. Kirkman wanted her to stop up there to be confined, and she could see that she was properly seen after.  I said,  "I think you were to blame not to stop there." She was confined on the 26^th of February.  I was present at the confinement; it was a female child. She remained at my house until the 14^th  of March.  The child was fed by hand.  I remember the prisoner saying she should go to her mother's as soon as she was able to go; that was about a week before she did go.  She told me she should go to her mother's; she thought she could send the baby to Derby;  she was going home to ask her mother's advice about writing to her sister to take the baby as she hadn't any children of her own and she thought she would like it.  She went on the 14^th of March;  before she left the house I took the breakfast upstairs and told her I thought  she had better not go as it was very windy and rough.  I was afraid she would catch cold.  The baby had two small shawls, and a rather large one which I lent her.  She brought that back.  I wrapped it up myself.  There was nothing else over the head.  I went with her to the station.  We got there a few minutes before 11.  The child was carried there by me.  The child was well.  I asked her if she took its corn flour with her, but I can't remember whether she made any reply.  I saw her take a ticket for Turvey.  The train left at five minutes after 12.  I believe I gave her the child into her lap as she sat in the carriage.  I next saw her on the 22^nd of March; when she came to my house she had not a child with her.  I met her at the door and said, "Well, I expected you would write to me before you came back." I said , "Have you walked from Stagsden this morning ?" and she said, "Yes."  I said "How's the baby?"  she replied, "All right." She said "My sister came up from Derby on Friday, the 16^th, and returned back again to Derby with the child on Saturday; me and my father came to Bedford with my sister, and saw her go by train, but I didn't come up  to your house, as I wanted to get back home as quick as I could."  I said "You might have come up and had a cup of tea to have rested you."  I said I was very glad the sister had got the child as there wasn't any more children.  I asked her if she had got a bottle; she said yes, her mother had got a bottle when she had got home.  After she had been in my house a few minutes she fetched the corn flour and set it on the table.  She said, "I went without this."  I said,  "What a pity."  She said, "It don't matter, for they can get such things there; they have a quart of new milk a day."  I said,  "The baby will be all right then."  She left me on the 23^rd of March.  She said she was going to the Rev. W. Kirkman's at Hampstead.  She took two boxes with her,  (Witness here identified the flannel produced by P.s. Mardlin as that the baby had on when it went, also the night-gown.  By the Chairman : She could speak positively of both those articles).

Mr. Pearse, to Mr. Stimson : I'll go through fully if you like.

Mr. Stimson : No; I don't make a point of that.  I shall not ask a question about the things.

Examination of witness continued : The other things look like those I washed.  I also washed the black skirt but it then had a band on it.

In cross examination by Mr. Stimson, witness admitted she did not say anything about prisoner saying her mistress wanted her to stay in London, in the examination before the coroner and continued, I remember when the child was a week old it had a fit.  She (the prisoner) was sleeping in the room with the child with a light burning, and called me up.  The child looked very dark about the hands and neck.  I said I thought it was convulsed and gave it some castor oil.  I sent for Mrs. Richardson, the midwife.  Mrs. Richardson said she should like a doctor to see it : there was not much the matter with it then. 

Mr. Stimson : Did Mrs. Richardson say she know a child at Milton who died in a few minutes from convulsions.

Witness : I believe I said it.  I don't remember I heard her say so.

Mr. Stimson : Did the mother name a doctor?

Witness : No, Sir, she did not.  I mentioned Mr. Robinson.  I said I would call his attention to it when he passed the house.  Mrs. Juffs did not suggest any doctor.  I suggested "Dr." Crick; now you speak about it she said something about Mr. Robinson.  I said I knew Mr. Goldsmith and should like to take it there.  I took the child to Mr. Crick.

Mr. Stimson : Why?

Witness : She said she was not particular.

Mr. Stimson : Why did you take it to Crick when you wanted to take it to Mr. Goldsmith.

Witness : She gave me some money to pay for the medicine.  He said it didn't require any medicine and I didn't give it any.  I did not think to mention that to the coroner.  I merely answered the questions put to me by the coroner.

Mr. Pearse : You remember when you were up in the room - did she say what was the matter with the child.

Witness : She said I think the child is dying.  She said I am sure I haven't done anything to it.

The Chairman : Do I understand you to say the child was in convulsions - did you think so at the time.

Witness : I thought the child was in convulsions, - it recovered in half-an-hour.  I unfastened all its clothes and gave it some castor oil.  I think it was generally a hearty child.

Elizabeth Richardson said : I lived on the Cemetery-road and now live in Wellington-street, Bedford.  I am the wife of Charles Richardson and practice as a midwife.  I attended Lucy Ellis or Low-this is the person.  She was delivered of a female child on a Saturday.  I did not make a memorandum of the date.  I was called in some few days afterwards.  When I got to the house the mother and Mrs. Hull both said they thought it had been convulsed in the night.  I said something about a child dying of convulsions.  I said I knew one that was taken and died in less than a quarter of an hour.  I advised them to let a doctor see the child as it was safest.  I don't recollect that any particular doctor was named. 

Mr. Stimson asked this witness no question. 

Henry Riddy, deposed : I live at Stagsden and am father of the prisoner.  She first married Samuel Ellis.  He did not live long. She was again married to Ellis Low, of Wootton.  They had a family : he left her.  Their children are in the Union.  My daughter Lucy Low was with me last August.  She said nothing about expecting a child then.  She left and went to live at Hampstead.  I don't know what day it was that I first saw her this year : it was in March : I can't say the day : I can't say how may days it was before the inqueft.  She staid a week with me.  I said, "Bless me, here's the lost woman come to light."  She said (I forget the exact words she said) but to the effect "I thought you didn't care much about me."  She had not a child with her.  She did not say anything about a child.  She said she came along the Bottom; she had walked over from Bedford.  She did not say how long she had come from Bedford.  There is a footpath along the Bottom to my house from Wick End.  I have a son living at Derby.  His wife did not come up to Stagsden whilst the prisoner was staying there.  I did not go with her.  She asked me if she should go with me, I said no, she couldn't go with me.  She did not say anything in my presence about having had a child.  When she first came in March I did not say anything about Mrs. Hull. 

By Mr. Stimson : My wife has a bottle for feeding babies.  Mrs. Hull told my wife it was not a hearty child. 

William Robinson said I am under-gamekeeper in the employment of Col. Higgins, Piet's Hill.  I remember the evening of the 20^th March.  I was near Mr. Keech's field, just against the plantation and observed a black parcel.  I do not know the footpath from Wick End to Stagsden.  The black parcel was on the ground.  I touched it with my foot first.  I found there was something in it.  I turned the black covering back with my gun muzzle.  I saw a child's flannel dress, and a bag over the child's head coming round it as far as its waist.  I lifted it up with my fingers and saw a child's face and hands.  I went to Stagsden to a constable, he went back with me to the parcel.  It had not been disturbed. He then went for P.s. Mardlin and I remained with the parcel.  Mardlin came back and took charge of the parcel.  Dr. Swinson was with him; I saw it partly undressed, it was dead.  It was about 30 yards from the Stagsden-road.  I noticed a gap going out on the Stagsden-road.

The Chairman : Did that gap look as if it had been fresh made?

Witness : It's an old gap.

P.s. George Mardlin said I remember P.c. Tatman coming to me on the 20^th March.  I went for Dr. Swinson and with him went to a plantation near Stagsden side-gate.  I found Robinson there.  He pointed out a black parcel to me.  I picked it up and took it to the side-gate house kept by Wallinger.  It was there undone.  The parcel was wrapped up in this black skirt.  I undid it and took it off.  The next was this bag (produced).  I drew that off and there I found the body of a female child.  This was drawn over the head.  I undressed the child and produced the nightgown, flannel, swathing band, shirt (with a piece cut out of the corner), the belly band with a piece of linen at the navel, and napkin which he took off the child.  I know the pathway from Wick End to Henry Riddy's house.  A person coming from Wick End to Stagsden would not go along that footway.  I took the prisoner into custody at No. 4, Thurlow Road, Hampstead, on the 4^th April last.  I charged her with the manslaughter of her female child at Stagsden.  She made no reply.  I told her whatever she said I should have to give in evidence against her as it was a serious charge.  I took two boxes of hers into my custody.  I brought them to Bedford.  Before I brought her from Hampstead, as she was leaving the house I believe, prisoner said to Mrs. Kirkman, "Will you come and speak for me, ma'am :" and added, pointing to me, "I've left it in his hands."  I do not know whether Mrs. Kirkman did or did not say anything at that time.  When I came to Bedford I gave the boxes to Supt. Kennedy.  They were afterwards opened in my presence and contained the flannel, diaper napkins (one marked Mrs. Kirkman12), 1 shirt, 1 swathing band, 3 belly bands, 2 shirts, 2 pieces of ticking (all produced).

In a severe cross-examination by Mr. Stimson : I had not a warrant.

Mr. Stimson : Why?

Witness : I didn't think that I wanted one.  I was sent to London by my superior officer, he knew I was going without one.  I asked her if uncle Ellis was her father.  I did not ask her many questions.  I asked her how long she was at Stagsden.  I asked her if she could account for the possession of the things.  I merely asked her, I did not charge her with stealing them.  They were very angry because I went without a warrant.

Mr. Stimson : You went up to London to a clergy-man's house to apprehend the prisoner on a charge of manslaughter and he wished to prevent you from taking her?

Witness : Yes.  I caught hold of her and said I should not let her go for "no one."

Mr. Stimson : I believe Mr. Kirkman sent for a policeman?

Witness : Yes.  I had not police clothes on, I went to London in private clothes to take a person without a warrant.  Prisoner never said anything about a path to me.  I never thought anything about the magistrates refudsing me a warrant, because I had previously apprehended a not guilty party.

Mrs. Kirkman, examined by Mr. Pearse, said : I am wife of the Rev. Joshua Kirkman, and live at 4, Thurlow-road, Hampstead.  The prisoner has been in my services.  She came on the 26^th of October 1875.  She left on the 3^rd of January.  She told me she was going to take charge of her uncle's house ; he was a dairy-man and his wife had died.  She left on the 3^rd of January, and came to me again on the 23^rd of March.

Mr. Pearse : Did she say anything about the child before she left?

Witness : Certainly not.

Mr. Pearse : On her return?

Witness (emphatically) : Certainly not.  She said she came back because her uncle had found some one to take her place, and she found it uncomfortable.

Mr. Pearse : Did you at any time give or lend her the things found in her possession?

Witness (with indignation) : Oh dear no.  She first represented herself to me as a widow.  I recollect Mardlin, the last witness, coming to my house.  When she was going away she said, "Oh, you will stand by me, or speak for me" : that was the first thing she said.  I answered, "We must all appear before the judgment seat of Christ."  I thought she said to Him I look or to Him I trust.

Cross-examined by Mr. Stimson : I never gave her any old rubbish, when she was clearing up.  I kept a baby-linen basket we used to send out.  She conducted herself very well indeed while she was with me.

Mr. James Pearse : The cross-examination is now over.  Have you received a letter from prisoner?

Witness : yes.

After some technical discussion the following letter was read by Mrs. Kirkman and put into Court, the Chairman overruling that in all preliminary examination any evidence that bears upon the case can be admitted.

Mrs. Kirkman continued, I have seen her writing but I have never seen her write.

The Chairman : The letter is submitted, do you know the handwriting ?

Witness : I've no hesitation in saying this is her handwriting.

Mr.Pearse : I put it in.

Mrs. Kirkman reads : 

 "May 1^st, 1876,

"My dear Mrs. Kirkman, - I now take the liberty of writing to you hoping you won't be offended with me for so doing,  I received a letter from my mother yesterday morning telling me my father got home safe from London and that you behaved very kind to him.  My mother wished me to write to you, hoping you will forgive me for giving you so much trouble, I feel it very much  and am sure  you must.  I am grieved to the heart I did not tell you the reason why I wanted to leave : if you remember you asked me if there was anything I did not like.  I fold you I did not wish to say anything.  I must name this because I know you have so much to do every day and I am grieved for you to think I am giving more trouble my dear mistress.  I hope you will be speak for me as you know during the time I was with you.  I hope you will write to me seeing me in such trouble as you  always hoped I should look to you as my sincere friend.  I hope you will be : I know I can trust you, for you have always behaved well to me.  I must leave it :  the Lord knows best what to do.  I must conclude, hoping this will find you well and all your family.  From your humble servant, LUCY ELLIF."

Supt. Kennedy said P.c. Mardlin brought the prisoner to the county police station on the evening of the 4^th of April.  The boxes followed by the omnibus; I took charge of them.  That evening she requested me to let her have a night dress.  They were opened in her presence.  They were examined next morning in her presence.

Mr. Jas. Pearse : In the absence of Dr. Swinson through illness, I must ask for an adjournment.

The question of the necessity of a double remand was moved and it was decided to make a formal remand on next Saturday and proceed with the medical evidence on Saturday week.