AT THE OLD BAILEY

Dominion, Volume 29, Issue 208, 30 May 1936, Page 24

AT THE OLD BAILEY

“Bitterest and Most Terrible Tragedy”

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. Justice Hawke said that he hud no alternative, ami that it would be for others to consider what her future would he. Tlie 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 tlie charge of murder and of attempted suicide. Accepting tlie 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.

"1 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 tlie case were of the saddest character. Mr. St. John Hutchinson: They constitute one of tlie bitterest and most terrible tragedies that tlie Old Bailey —a court of tragedy—has ever heard. Mrs. Swan, he said, had had to fight fate from tlie beginning of her married life. She was 32. In 1927 she married Leonard Swan. He held a good position in a bank and was a man for whom Mrs. Swan had the highest affection. Tlie first shock of her married life came when she found her brother-in-law in an epileptic fit. She had a second shock in finding 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 1919 the bank sent her husband away, but after four days he broke clown 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, lie 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 against 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 by her husband as this

unhappy woman did by this mini," sabi 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.’ "

Mr. Hutchinson said that Mrs. Swan had to go to Middlesex Hospital, ami it was found that she was in an advanced stage of tuberculosis. She had to stay in the hospital for six mouths 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 iiead tlie fear that tlie child might develop tuberculosis on the one side from herself, or insanity on tlie other from her husband. Mrs. Swan herself became v>orse ami had to go into hospital for six months. All the money she had left was £l2.

"She took up the position that she and her daughter should die together. She came to London and took a flat. She gave 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 she awoke in hospital. “In a statement Mrs. Swan said. T think 1 was absolutely right in what I did. My conscience is perfectly clear. 1; is ridiculous for me to go on. I am not necessary Io anyone. I cannot see how man-made law can condemn me for what I have done.’ ’’ Mr. St. John Hutchinson said that it was at Mrs. Swain’s own request that no defence was put forward in the case.. She did not wish to plead insanity be-' cause she knew she was not insane. "I think she knew fate had dealt with ber in such a way that nothing further could hurt her more than she 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 misfortunes. Perhaps one can understand what your feelings have been during tlie latter part of them. "The plea that you have made leaves me no alternative as to what I must do. I 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 said that lie 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.