FIGHT WITH FATE.

Auckland Star, Volume LXVII, Issue 115, 16 May 1936, Page 4 (Supplement)

FIGHT WITH FATE.

WOMAN'S AWFUL ORDEAL.

CHILD'S IJFB TAKEN

"WORST CASE" AT OLD BAILEY,

The plea of guilty by a mother charged with the murder of her eight-year-old daughter was accepted at the Old Bailey, and she was sentenced to death. Mr. Ju-stico Huwke said that he had no alternative, and that it would be for others to consider what her future would be. The woman was Carmen Martha Alice Swan, aged 32, the widow of a bank clerk, of Clarendon Court, Maida Vale, and the charge related to her daughter, Valerie. Mrs. Swan pleaded guilty both to the charge of murder and ot attempted suicide. Accepting the plea of guilty, Mr. Justice Hawke asked if Mrs. Swan understood her plea, and her counsel, Mr. St. John Hutchinson, K.C., said that she did. "Only One Sentence." "I know there is only one sentence your Lordship can pass," he added, "but, of course, there are other circumstances beyond this court." The judge said that, from the depositions, the facts of the case were of the saddest character. Mr. St. John Hutchinson: They constitute one of the bitterest and most terrible tragedies that the Old Bailey—a court of tragedy—has ever heard. Mrs. Swan, he said, had had to fight fate from the beginning of her married life. She was 32. In 1D27 she married Leonard Swan. He held a good position in a bunk and was a man for whom Mrs. iiwan had the highest affection. The first shock of her married life came when she found her brother-in-law in an epileptic fit. She had a second shock in rinding that her husband's mother was in a mental home. After four months her husband's health began to fail. He broke down and developed an illness which eventuated in insanity, and then her child was born. In 1929 the bank sent her husband away, but after four days he broke down again. He began to show improvement in hospital, but he received a complete setback when he found an inmate of the hospital hanged. In October, 1931, he had a violent breakdown. Once he tried to strangle his wife, and another time turned the gas on, saying that it would be better if they all died together. On the child's fourth birthday they made arrangements to celebrate, but Mr. Swan did not turn up. His wife found him hanged againsF a door. She herself cut him down and got help. This led to her complete collapse. "I think no woman in the world has ever stood so loyally by her husband as this unhappy woman did by this man," said Mr. St. John Hutchinson. "To quote from a witness, 'She was devoted to her husband and was the most wonderful mother I have ever known.' " Fear for Child's Future. Mr. Hutchinson said that Mrs. Swan had to go to Middlesex Hospital and it was found that she wae in an advanced stage of tuberculosis. She had to stay in the hospital for six months. She was told that she had one chance of getting better and that was by one lung being put out of action altogether. She was unwilling to accept a penny or help from anyone.

"Mrs. Swan then got into her head the fear that the child might develop tuberculosis on the one side from herself, or insanity on the other from her husband. Mrs. Swan herself became worse and had to go into hospital for esix months. All the money ehe had left was £12.

"She took up the position that ehe and her daughter should die together. She came to London and took a flat. She Rave the child a sleeping draught and saw her sleeping calmly. She then tried gas. The child died and Mrs. Swan took all, what she thought was poison, that was left in the house. Next day ehe awoke in hospital. " I Was Absolutely Right.; , "In a statement Mrs. Swan said, 'I think I was absolutely right in what I did. My conscience in perfectly clear. -It is ridiculous for me to go on. I am not necessary to anyone. 1 cannot see how man-made law can condemn me «for what I have done.' " Mr. St. John Hutchinson eaid that it was at Mrs. S.van's own request that no defence was put forward in the case. She did not wish to plead insanity because she knew she was not insane.

"I think she knew fate had dealt with her in such a way that nothing further cofild hurt her more than ehe had already been hurt," he added.

Mr. Justice Hawke, passing sentence, said to Mrs. Swan: "No one could fail to be moved by the recital of your m:sfortunes. Perhaps one can understand what your feelings have been during the latter part of them.

"The plea that you have made leaves me no alternative as to what I must do. 1 have no alternative but to pass sentence of death upon you.

"It will be for others to consider what your future may be.

"I do not wish to detain you in that place where you stand a moment longer than is necessary."

Mr. Justice Hawke eaid that he would formally pass a sentence of eight days' imprisonment on the charge of attempted suicide, the sentence to start from the beginning of the sessions.