Part 20
Mr. JOHN LEESON, a surgeon in Chiswell-street, stated, that he was called in on Saturday to see the deceased at the Station-house. On going there he saw the body lying on the floor. On examining it he found the extremities quite cold, but some warmth remained in the body. There was no lividity or swelling of the face; no contusion or swelling of the tongue; or any other appearance but those indicating that she had died of suffocation or strangulation. The deceased was a fine healthy child. There was a mark on the neck, as also discoloration of the skin, which led him to believe that some violence had been applied to that part. The teeth were also clenched; and from these circumstances he imagined that the child had met its death by foul means, probably by suffocation, by stopping the mouth, and placing a thumb and finger behind the neck. There was a bruise on the right arm, apparently by the pressure of the thumb, done while alive. His opinion was that the child had not died of apoplexy or anything of a poisonous nature given to it.
In reply to the foreman of the Jury, the witness said there was a slight bruise upon one of the arms, which might have been done in a struggle. Coroner: 'And what time do you suppose it would take to destroy life by the means you have described?'--The witness said, he should think from three to four minutes.
Mr. W. BROOKS, surgeon, of St. Luke's, stated, that on Tuesday morning, in conjunction with Mr. Rance, he opened the body of the deceased. On opening the head, he found the vessels of the brain exceedingly turgid, quite sufficient to occasion death. Believed the deceased's death was not the result of natural causes, and his opinion was that it had been produced by violence. There was a discoloration from the neck downwards. It was not produced by decomposition. There was a pressure on the breast, which possibly might have produced the marks described. In his opinion the child had died from suffocation by closing the mouth.
CORONER.--In what time would strangulation be produced by placing the hand on the mouth and nose?
WITNESS.--That I won't take upon me to say--probably in four or five minutes.
Mr. RANCE, a surgeon in the City-road, deposed to having examined the body of the deceased externally and internally, and expressed it as his opinion that death had been produced by violence.
Mr. WHITTLE, a third surgeon, agreed in opinion with the two former witnesses. He perceived two marks on the neck, which corresponded with the large vessels which return the blood from the head to the heart, a strong pressure on which would produce death.
CORONER.--In what time would that take place?
WITNESS.--In four or five minutes apoplexy would be produced, which would occasion death independent of suffocation, which might be produced by pressure on the mouth.
WILLIAM DALTON, stated, that he knew Bridget Calkin, the woman who was in custody, and saw her about a quarter past seven, on Saturday, (yesterday se'nnight,) in Payne's-buildings, within a short distance of the privy where the child was found, and she then had a child about six years old with her; he had no doubt that it was Bridget Calkin.
ELIZA KENNY, the wife of a carter, stated, that about half-past five on Saturday evening, she was standing near Prospect-place, when Bridget Calkin and a female child passed her. She took particular notice, because she heard Calkin say to the child, 'Don't cry, my dear, we shall soon be at home.' She observed that the child had neither shoes nor stockings; she knew Calkin before; the child was crying, and Calkin seemed to be dragging her along.
MARTIN BAILEY, of Turk's Head-court, Golden-lane, labourer, said, that about eight o'clock on Saturday evening, he saw Bridget Calkin come out of the privy, and go through Payne's-buildings; she seemed to be in a hurry; he had known her for some months; he was certain that she came out of the privy; he was three or four yards from her when she came out, and saw her by the light of a gas-lamp that was near; he saw no child or other person near at the time; he could not speak to the time precisely; it might have been later than eight o'clock.
CATHERINE DEMPSEY, of 36, Payne's-buildings, stated, that a little after seven on Saturday evening, she saw Bridget Calkin, with a child about six years old, who was barefooted, and heard her say to the child, 'What ails you?' Witness knew her about three months ago, when she lived in the house immediately opposite the privy, and lodged with Mrs. Burns; she was in the same dress which she had on at Worship-street, on Monday, and witness had no doubt of her identity.
CORONER.--Have you seen the body of the deceased?
WITNESS.--Yes, Sir; but from the state in which I saw it, I cannot say it is the same, but it is very much like it.
JUROR.--Do you know the prisoner Calkin?
WITNESS.--Yes: about three months ago she lived next door to where I do, which is exactly opposite the privy where the deceased was found dead.
JUROR.--Do you know how she gets her living?
WITNESS.--No, Sir.
JUROR.--What dress had she on at the time?
WITNESS.--A light gown with flowers on it. The child had no bonnet on at the time.
ELIZA RENNY said, that on Saturday evening, about five o'clock, she saw the prisoner Calkin dragging the deceased by her door towards the privy. The child was crying at the time, and had neither shoes nor stockings on.
MARTIN CAILEY saw the prisoner Calkin, at about eight o'clock on Saturday evening, near the privy where the body of the deceased was found. She appeared to have come out of it, and walked out of the court in a hurried manner. She (Calkin) was in the habit of keeping bad company. Some of the persons she associated with he (witness) believed to be body-snatchers.
CATHERINE LAMPEER saw Calkin with a child, in Payne's-buildings, at about seven o'clock on Saturday evening. The child had neither shoes nor stockings on. She heard the prisoner say to the child, 'What ails you?'
ELIZA BRYAN, an assistant at St. Bartholomew's Hospital, was called, to contradict a statement which had been made by the prisoner, that she was in her company from five to seven o'clock on Saturday evening. The witness denied having seen her at all on that day.
Another witness deposed to the prisoner having lived for some time opposite to the privy in which the child was found. In reply to a question from a Juror, she said, that the prisoner Calkin was about nineteen years of age, and that her father kept a school in the neighbourhood of Islington.
NATHANIEL BIRNIE, a policeman, deposed, that about ten minutes before nine on Saturday night, the mother of the deceased came to him, and stated that Bridget Calkin had given a penny to her child at the door, and taken her away, and that as the child had not been brought back, she feared it had been made away with. Witness told Inspector Perry, and he went to Broad Arrow-court, and took the prisoner into custody; she denied having taken away the child, and appeared surprised at the charge; she admitted having given the child a penny at the door, but said she had not seen her afterwards. She said that she had been to Rotten-row in the evening, and the witness went there with her; the woman she had mentioned was out, and the prisoner then asked the husband, 'What time was I here this evening?'--The man replied, 'Not at all.' On the return of witness to the station-house, the body had been discovered and taken there.
JUROR.--Did she appear affected at the sight of the murdered child?
WITNESS.--Not at all; she appeared quite unconcerned.
Mrs. DUFFY,--the deceased's mother, was then brought before the Jury and examined. The poor woman appeared exceedingly distressed; she said that she had for some time known Bridget Calkin, who once before took the child away and kept her out some hours, and witness then desired her never to do so again.
ELLEN JENNINGS, a girl, stated, that about half-past five on Saturday evening, deceased was upstairs, playing with her, when Biddy Calkin came to the door and called for her; witness asked her what she wanted, but Biddy would not say, but took the deceased down stairs, and witness never saw her again. Bridget Calkin returned home about nine o'clock without the child.
The whole of the testimony of the witnesses having been gone through, it was thought advisable to have the prisoner Calkin present, to ask her if she had any witnesses which she might wish to have examined, or any explanation to offer.
The CORONER accordingly despatched an officer to Clerkenwell Prison for her, and the Jury adjourned for an hour, to await her arrival.
The officer, in about an hour, returned, and stated, that the prisoner declined appearing, saying, that she had no witnesses; nor did she wish to add anything to the statement which she made at Worship-street Police-office.
The CORONER summed up the evidence; and the jury, after deliberating for nearly an hour, returned a verdict of 'Wilful Murder' against Bridget Calkin; and the Coroner at once made out his warrant for her commitment to Newgate on the charge.
Since the examination of Bridget Calkin, on a suspicion of having been concerned in the murder of the little girl, Margaret Duffy, several other persons were taken up on suspicion, as it was sworn, that immediately upon the discovery of the corpse in Cowheel-alley, a man and woman rushed out of the privy, and ran off; and the witness to that important fact, a boy, twelve years of age, named William Newton, who was close to the spot with a lighted candle, gave a particular description of the man, who, he said, blew out his light, struck him upon his breast, and then ran off as hard as he could towards Golden-lane. Upon Calkin, when she was apprehended on the night of the supposed murder, a handsome Russia-leather memorandum-book was found, which, she said, had been given to her by Robert Tye, an ornamental glass-worker. The latter was brought before Mr. TWYFORD, at Worship-street, by Hanley, the Worship-street officer, who had taken him into custody upon hearing of his connexion with Calkin.
TYE admitted that she had the book from him, and he said that he found it in Old-street, a fortnight since.
William Shearing, William Dunkley, _alias_ Boney, and ---- Long, three resurrectionists, were afterwards brought into the office to be viewed by the witnesses, William Newton and Mary Kean, who, however, could not identify either of them or Tye, and they were all discharged.
DUNKLEY.--Before I go, I just wish to say, that Mr. Hanley ought not to mention my profession in this open manner. Why the people would tear us to pieces just now, if they're put up to it in this way.
HANLEY.--You know it is no secret. Why, I've heard you myself making a boast in public of your body-snatching.
Mr. TWYFORD told them to go about their business, as there was no further charge against them, and he desired Mr. Dixon, the Superintendent of Police, to take particular care of the boy Newton.
Shortly after these persons had been discharged, Police Inspector Perry came before the magistrate, accompanied by a gentlemanly-looking person, who identified the memorandum-book which Robert Tye, who had just been discharged, admitted that the prisoner, Bridget Calkin, had from him. It appeared, from this gentleman's statement, that he lost the book in question from a house at Cow-cross, on the night of the 5th of November, when the fire occurred in which several persons perished; but how the book was taken he could not tell.
At the same office Bridget Calkin was brought up, on the 13th, for final examination before Mr. Twyford, charged with the wilful murder of the child, Margaret Duffy, for which she already stood committed for trial upon the Coroners inquisition. The evidence before the Coroner's Jury, upon view of the body of the deceased, was taken in the absence of the prisoner, who was then confined in Clerkenwell Prison; and a messenger being despatched thither to ascertain if it was her desire to be taken before the Jury or offer any defence,--she returned for answer that she had no such wish, nor anything to add to the statement which she had already made before the magistrates at this office. Of her statement or the statements of the witnesses on that day, there was, however, no written evidence. It was now considered necessary to have the whole of the evidence taken at the Worship-street office, in order to her commitment by the magistrate, without reference to the proceedings before the Coroner; and one of the clerks was occupied the whole of one day in taking the necessary depositions.
On the 7th of January, Bridget Calkin was placed at the bar of the Old Bailey, upon an indictment, charging her with having by means of pressure on the throat, chest, &c., murdered Margaret Duffy. She was also charged upon the Coroner's Inquisition.
The prisoner, who during the whole of the trial appeared to view the proceedings as an indifferent spectator, pleaded 'Not Guilty.'
Mr. ADOLPHUS having briefly stated the case, as subsequently developed by the evidence, called the following witnesses:--
MARY CANE deposed, that on Saturday night, the 3d of December, she found the body of a child in a certain privy in Hartshorn-court, Little Cheapside, having accidentally struck her foot against it in the dark. On her giving the alarm, several persons arrived on the spot, with a light; she then saw the body of the deceased lying on its back in a corner of the privy; one of its legs was doubled up, and its clothes were above the knees. No one could get to the place, but those who were acquainted with the premises, and knew how to open the door. The inhabitants of seven houses had a right of admission to the privy. Prisoner lived next door to witness.
WILLIAM NEWTON, a boy, twelve years old, stated that he resided at No. 7, Payne's-buildings, near Hartshorn-court; that on the night in question, the preceding witness told him what she had seen, on which he went to the privy with a light, and pushed the door, but did not succeed in pushing it quite back; that a man rushed out past him, jostling him against an opposite door, and extinguishing his candle. The man was lusty, wore a black coat and had crape round his hat; a 'littleish' woman also came out, who had on a light shawl, and a high cap or bonnet. Two men named Shookers and Nolan came up and took the body of the child out of the privy.
PATRICK NOLAN, who first took up the body, described the state in which he found it.
JOHN SHOOKERS, a costermonger, of No. 1, Hartshorn-court, proved that on the night alluded to, about ten o'clock, he heard Mary Cane scream, and hastened towards her in consequence; when he got to the privy he saw Nolan with a candle, and likewise perceived the body of the child; took the child to Mr. Smith, a surgeon, but life was quite extinct.
Cross-examined by Mr. CLARKSON.--It was witness, and not Nolan, who first lifted the child from the ground where it was lying.
JAMES DUFFY, father of the deceased, who lived in Broad-Arrow-court, deposed that his child was between five and six years of age, was very healthy, and had never been subject to fits since she had had the hooping-cough, two years before. Saw her last alive at half-past five o'clock on the 3d of December, when she was going out with the prisoner, who often nursed the child, and appeared to treat it with kindness. Witness next saw his daughter at the station-house, Bunhill-row, about a quarter before ten, but she was quite dead.
On being cross-examined, he added, that Calkin had always appeared uncommonly fond of children, and acted tenderly towards them.
ELEANOR JENNINGS, twelve years old, said she was playing with the deceased between five and six o'clock in the evening in question, in her (witness's) parents' room. The prisoner then came to the room and asked if Margaret Duffy was there; being told she was, the prisoner took her down stairs, and witness never saw her companion alive afterwards.
ELIZABETH KENNY, of No. 12, Prospect-place, Pump-alley, about five minutes walk from Hartshorn-court, stated, that on the night referred to, about half-past five, or a quarter before six, she saw the prisoner for the first time; she had on a light dress, a black bonnet, and a light shawl; the child had hold of her hand, walking by her side; the child was without shoes or stockings, and was crying: prisoner told her not to cry, for she would soon be at home; they were then going towards Hartshorn-court.
MARTIN BAILEY, a labourer, deposed that he saw the prisoner come away from the privy door in Hartshorn-court, shortly before eight o'clock the same evening; he was only a few yards from the privy, and Calkin was walking quickly towards Little Cheapside.
NATHANIEL BIRNIE, a police constable, stated, that on the night of the 3d of December, the child's mother applied to him, and in consequence of the representations she made to him, he apprehended the prisoner at about ten minutes before nine, in Broad Arrow-court, near her lodgings. On his asking her where she had left the child, she said she had not seen the little girl since she gave her a penny as she stood at her father's door. On their way to the station-house he asked her where she had been since she gave the child the penny; to which she replied that she had been at the house of Mrs. Lea, in Rotten-row, for whom she usually washed. He accompanied her to Mrs. Lea's, where they found a man; in answer to her question upon the subject, the man declared that he had not seen her there that day before. Witness then took her to the station-house, and she afterwards mentioned that she had been in the room of a Mrs. Warren in the same house.
ELEANOR DUNFEY, with whom the prisoner stated she had lived, lent her on the evening before the 3d of December the same shawl which she had on when taken into custody. Being cross-examined, she said that Calkin had been absent from five o'clock till eight, from which hour she did not leave the house till her apprehension by the officer.
ANNE LEA, and MARTHA WARREN proved that the prisoner had not visited their lodgings on the 3d of December.
JAMES DIXON, superintendent of police, deposed to another story as to the manner in which the prisoner told him she was employed on the evening of the murder, and this account was also disproved by reference to the party with whom she pretended to have been in company.
MARY DUFFY, sister to the deceased, gave evidence of a conversation between her and the prisoner on the evening in question, relative to the absence of her sister, whom Calkin alleged she had taken to Old-street, after having left the court in which the privy was situate. Witness then said she must have made away with her, and threatened to give her in charge; and the prisoner told her in reply, that she was a 'b----y liar,' and that she did not care about being sent to the station-house, as she had a sovereign in her pocket to keep her until she could get out.
On cross-examination, the witness further stated, that there were many lanes and turnings about Hartshorn-court, in which a child of her sister's age might be lost.
BRIDGET MURRAY, confirmed the statement of Mary Duffy, relative to the angry conversation which had taken place between her and the prisoner when the child was first missed.
Mr. SMITH, the apothecary, who examined the child between nine and ten o'clock, deposed that the child, to the best of his judgment, must have been dead at least an hour and a half when he saw it; the body at that time was not quite cold, with the exception of the arm, which had been exposed without covering.
On being further questioned by the COURT, he stated, that he could not give a positive opinion as to the length of time which might have elapsed; it might have been only half an hour, the retention of warmth depending, in a great degree, on the temperature of the atmosphere; nor could he say that a child put to a violent death would become cold sooner than one that died by the ordinary course of disease.
Mr. LEESON, a surgeon, living in Chiswell-street, stated, that he also saw the body about ten o'clock; the extremities were cold, but the body itself was warm; the warmth was as high as 83 degrees. He should have supposed that the child was dead about an hour, but it was possible he might be mistaken a full hour in his calculation. He found discolouration on the neck, which seemed to indicate violence, and the jaws were very firmly clinched. The father of the deceased was present at the time. On the same night, at nearly one o'clock, he saw the body again, and there was no perceptible alteration in the appearances. On neither occasion did he strip the child.
Mr. Justice J. PARKE observed, that he ought to have done so, and thoroughly examined the whole person.
On Tuesday morning the body was stripped, and underwent further examination, internally as well as superficially; other surgeons were present: the vessels of the brain were turgid from excess of blood; but the action of the stomach appeared to have been healthy up to the time of death. There were certain marks apparently caused by the pressure of fingers upon the neck, and he came to the conclusion that the child died by violence,--in his opinion by means of suffocation.
Mr. RANCE, a surgeon, residing in the City-road, stated, that he had made a _post mortem_ examination of the body of the deceased on the 6th of December, in the presence of Mr. Brooks. Decomposition was then rapidly taking place, owing to the warm state of the weather: nearly the whole surface of the body was discoloured. There was a slight mark of pressure on the left arm, but on account of the discolouration, witness could not undertake to say whether there were any other marks of violence on the body. The tongue protruded about three-eighths of an inch between the teeth, which were firmly closed upon and had indented the tongue. The muscles were rigid and firm, with the exception of those of the neck, which were in a flaccid state. The stomach was in a perfectly healthy condition. Digestion was going on at the time of death. On examining the thorax, he found the lungs collapsed to a degree that proved that the last act of respiration was that of expiration. The heart was healthy, but nearly void of blood. On opening the right auricle of the heart, a small quantity of blood issued from it. A portion of blood also flowed from the pulmonary veins leading to the left auricle of the heart. The vessels of the neck contained a little serous fluid, and a quantity of fluid blood escaped on dividing the jugular veins. The head exhibited no external marks of violence, but on removing the scalp and bone, the blood-vessels of the brain were found to be distended. These appearances must have been caused by pressure on the neck, preventing the blood from flowing back to the heart. On removing the bandage with which the jaws had been tied up after death, a quantity of serous fluid escaped from the nostrils. There was no appearance of fracture or dislocation of the neck, or laceration of the tendons. The death of the deceased was, in all probability, caused by external pressure, which produced suffocation.
Mr. BROOKS gave a similar account of the appearance of the body; adding, that, in his opinion, considerable violence had been used towards the child; and that no reasonable person could entertain a doubt that the cause of death was suffocation.
The last witness examined for the prosecution was Martin Lee, who swore that the prisoner was not at his house on the 3d of December, as she alleged to the officer she had been.
This closed the case on the part of the prosecution.