RIGHT TO KILL

Evening Post, Volume CXX, Issue 123, 20 November 1935, Page 20

RIGHT TO KILL

JUDGE'S WARNING

"MERCY MURDER" TRIAL

ACQUITTAL BY -JURY

(From "The Post's" Representative.) ■LONDON, October 2G.

Touching scenes were witnessed at' the Old Bailey this week when Miss Muriel Welsdon, 20, a typist, living at Sydenham, was found "Not guilty" in what has been called the "mercy j murder" case. Mrs. Welsdon was a! patient in the Banstead Mental Hos-1 pita], suffering from general paralysis of the insane. Miss Welsdon was charged with the murder of her mother by poison, because she could not bear to see her lingering with a painful disease. Several women served on the jury. When the verdict of "Not guilty was announced Miss Welsdon see.|.ed dazed, but her face quickly showed the sense of relief. Mr. Eustace Fulton (for the prosecution) said that on August 23 there was a possibility of Mrs. Welsdon's mental condition improving. There were no grounds for saying that she was likely to die. She was well enough to receive visitors. Miss Welsdon went to various chemists and got a total of 160 grains of the poison agent. ■ She put • the powder into four peppermint creams, which she gave to her mother when she visited heron September 23. Next day she again went to the hospital and there said- to the assistant medical officer: "I,have a confession to make. At 8 o'clock on Monday, the 23rd,. I gave my mother 32 five-grain tablets." She asked if her mother was going to get better. The doctor said, "I hope so, but I will take immediate steps to eliminate the drug." Mrs. Welsdon died on October 1. At a post-mortem examination Dr. Roche Lynch. (Home Office Analyst) found the substance in quantities consistent with her having taken a fatal dose. It was not as much as 160 grains. The evidence showed that three of the peppermints were found in the bed. ' . ■ Dr. Fahy, assistant medical officer at the mental hospital, said that after Miss Welsdon's statement to him on September 24 he visited Mrs. Welsdon and found her in a state of coma. Mrs. Welsdon had been su/lering from general paralysis of the insane since January. She had been in May Day Hospital, Croydon, and in the mental hospital.at- Upper Warlinghanv for malarial treatment. A PAINFUL DISEASE. i Mr. Justice Goddard: Malaria was given for her disease?— Yes, that is the modern treatment. Mr. Birkett: Between January and August was she on the danger list several times?— Yes. While Mrs. Welsdon was at Banstead she was oiv the danger list twice, and relatives were warned. Mr. Birkett: In this disease, known as general paralysis of the insane, there is no recovery, is there? In certain circumstances with this modern treatment patients have recovered. Formerly.it went its inevitable course to death. It was common for a patient to have seizures. Mr. Birkett: And these are very painful for the beholder?— Most distressing. Dr. Fahy mentioned that September 17 was one of the dates when notices went sent out that Mrs. Welsdon was dangerously ill. The next day Miss Welsdon visited her mother. Previous to that Mrs. Welsdon had had 28 seizures. On September 24 a telegram was sent warning relatives that she was on the danger list. Mr. Birkett: When Miss Welsdon spoke to you on September 24 did she appear to show great anxiety for her mother?— Yes, she appeared to be in great distress. GIRL'S FONDNESS OF MOTHER. Miss Edith Greatbach, with whom Miss Welsdon had lived, stated that

on September 25 Miss Welsdon told her at the police station that she had taken a prescription from her (witness's) handbag and had obtained from , various chemists supplies of. the agent. Miss Welsdon was greatly attached to her mother. When Miss Welsdon had received danger notices from the Banstead Hospital she had been sad and depressed. She was greatly troubled when she returned from the hospital on September 18. "We could not console her at all that evening." Miss Greatbach said that when Miss Welsdon returned from the hospital j on September 23 she was silent and strange. She would hardly speak at first. She said she could not bear her mother to go on suffering" as she was.' She was crying and could hardly speak. Miss Greatbach added that Miss Welsdon told her ijnat she had given her mother ten grains of the drug. "I said," continued witness, "you must never try and do that again. Give up all idea of it. You have no idea how | those drugs may work. They may cause her great suffering." Mr. Birkett: What did she say then? —She paused, as if it was a new idea. Then she replied very seriously, "No, I will not do it again." Dr. Eric Gardner, who conducted the post-mortem examination, said that the cause of death was congestion of the lung and bronchial pneumonia. Mr. Birkett: That is quite a common complaint, and may arise from a variety of causes?— Yes. Dr. Eoche Lynch said he regarded 50 grains of veronal as an average fatal dose. Mr. Fulton: We have heard that death was due to bronchial pneumonia. Would that follow upon such poisoning, as you found? —Almost invariably. Mr. Birkett: The amount of the drug taken by the dead woman must remain highly speculative, must it not? You can only guess?—ln one sense, yes, but I feel I am perfectly justified in saying a.fatal dose. THE ACTUATING MOTIVE. Mr. Norman Birkett (for the defence) described the case as a very remarkable one. "In charges of murder," he continued, "we are accustomed to hear evidence which indicates the baser passion 4.;. Here no such evidence is forthcoming. In the ordinary case of murder you hear of hate and revenge and a desire to injure. Here, strangely enough, in a case of murder, you have heard of love, of a desire to help and of mercy. It is obvious that you are in the presence of a sorrowful human tragedy, and it is manifest that in the hearts of all there must be awakened a very great sympathy for a young girl charged with the murder of her mother." Dr. Roche Lynch and Dr. Fahy had said that the cause of death -was bronchial pneumonia and congestion of the lungs. ."In order that the prosecution should succeed," he continued, "it is absolutely . incumbent upon them to prove that the bronchial pneumonia from which this patient died was- the direct consequence of the administration of the drug. Have they proved it? I suggest that the vital link between the drug and the bronchial pneumonia has not been proved. I submit, on all the facts of this sad and lamentable case, the burden of proof has not been discharged, and this young girl is entitled to a verdict of not guilty." "Murder in our law means killing with malice aforethought," Mr. Justice Goddard remarked. '"In this case it is unnecessary to say more than this, that if a person causes the death of another by a deliberate—that is an intentional—act, that person kills with malice aforethought." Hard as it might be sympathy had no place in the determination or in the finding of the verdict or in the giving of judgment. Sympathy has this place and this place only, that should they return a verdict of guilty they might add a recommendation. He pointed out how important it was that in a case of that description they should resolve to do their duty with firmness and resolution whatever it might entail. If they took the girl's own statement as to what she did1 and why she did it they knew it was a case in which she said: "I killed in mercy," or "I killed in pity." He asked the jury to consider for a moment, if sUch a plea were allowed, what terrible and serious consequences

might result. Many people might think that some day it would be well to provide by law that the passing of a person inflicted with an incurable disease, either in mind or body, might be expedited. But if it ever were to become law, that help in passing might be given only under the most rigorous safeguards and not left to the uncontrolled discretion of a relative. Many sick persons might otherwise be put into unmerited danger. Serious as Mrs. Welsdon's condition was, those responsible for her care and treatment had by no means given up hope of recovery or of improvement.

"Are you satisfied," asked the Judge, "that a fatal dose was given by this young woman to her mother? If you are, are you satisfied that the mother died as a result of that dose? That meant that the immediate cause of death, bronchial pneumonia, was caused by the drug. If they were satisfied that a poisonous dose was given, but that the mother did not die as a result of it, the jury would be justified in finding a verdict of attempted murder.

"I have to remind you of the great public importance of this case, and the fact that the girl has said why she did it. If she did cause death, she did it for a reason which cannot possibly be justified in this country or, so far as I know, in any other. She is very young, very young, to take upon herself the dread responsibility of sending her nearest relation to her death."

Miss Welsdon closely followed every word of the summing-up. She betrayed no sign of emotion.