The Nelson Evening Mail. MONDAY, MAY 21, 1866. LOCAL NEWS.

Nelson Evening Mail, Volume I, Issue 66, 21 May 1866, Page 2

The Nelson Evening Mail. MONDAY, MAY 21, 1866. LOCAL NEWS.

SUPREME COURT. [Before His Honor Mr. Justice Johnston.] This Day. The grand jury were sworn in as follows: — W. C. Hodgson, F. Huddlestone, A. G. . Jenkins, F. A. Kelling. D. Little, J. Lockett, J. Low, H. Martin, P. M'Tavish, W. T. Mortimer, N. G. Morse, C. Muntz, R. M. Paton, S. EC. Pike, A. J. Richmond, A. Sclanders, G. W. Schroder, H. E. Thompson, H. H. Stafford. Mr. Morse was chosen foreman. His Honor congratulated the grand jury on the lightness of the 'calendar, which he regarded as a wholesome indication of the absence of crime in the province. He was also happy to find that the influx of population to the West Coast had not seriously affected this province. He referred to the report of the commission recently published in England in regard to punishment by death, a report which, no doubt, the colonial legislature would take action on. Legislation on the question would probably be resorted to. after the subject had been properly canvassed. His Honor said he did not thin* it necessary to instruct the grand jury at any length in the way they should perform their duties, and would content himself with making some remarks respecting the particular cases before them. In reference to the case of infanticide, it would be their duty to decide whether there was prima facie evidence that the child was born alive, and whether the death was natural or not natural. He commented on the evidence as revealed in the depositions, which established the fact that the woman had given birth to a child, and which rendered it highly probable that the child found was her own. The probable motives that might have led to the infanticide, if it -was committed, were pointed out, and the jury were enjoined to ascertain whether other than natural causes led to the child's death. His Honor remarked, on the sheepstealing cases, that whilst it was an apparent hardship in a country like this, to make every individual account for the sheep found on his run, yet there were circumstances when this should be contended for, and it was especially important that the owners of property in the country should be assured that their property was protected, and could not be taken with impunity. He pointed out the cases in which the appropriation of sheep on a run might be constituted a larceny, and called on the jury to scrutinise the circumstantial evidence arising out of the marks and driving away of the sheep, in order to ascertain whether it was done by accident or crimmnl intention. The Grand Jury retired, and shortly returned a true bill against Mary Ann Spendlove. CHILD MUEDEE. Before the following jury : — Patrick O'Dwyer, J. S. Barlow, William Barton, William Elder, John Osbourne, H. Garner, T. Brown, F. Shumaker, Jesse Gardner, James Hooper, Alexander Adam, Edmund Baigent. Mary Ann Spendlove pleaded not guilty to an indictment charging her with feloniously and maliciously killing her male child on the 3rd December last. Mr. Adams and Mr. Pitt conducted the prosecution and Mr. Eingdon defended the prisoner. Mr. Adams having stated the leading facts of the case, said if the jury were not satisfied that the crime of murder had been committed, it was competent for them to convict the prisoner of concealing the birth of the child. Mary Woolcock said: I reside at the Port. Was there in December last. On the 3rd of that month I was passing along the wharf, and saw something in the water. I was going from my sister's, Mrs. Johnson. The object in the water was near the bank, rolling over on the shore. The shore is below the road. It was a tew yards from Mrs. Johnson's houire. It was high water at the time. Mrs. Johnson's house is on the left hand side of the Port road. A pier is immediately opposite, which is not covered at high water. I went back to my sister and told her what I had seen. She came out with a basket and cloth, and picked up the infant. I afterwards saw the child with Dr. Sealey, who came to examine it. The length of the child was about 15 inches. Christina Johnson, as sworn, said; I reside at the Port. I have known the prisoner since her arrival by the Eudora in August last. She was living at my house in December last. I noticed she was pregnant very soon after she came there. I think the prisoner told me first soon after she arrived. Her husband had been here two years to my knowledge. He came to live with us when she came. I afterwards noticed the prisoner particularly, and spoke to her about her appearance. I conversed with her several times shout the child's clothes, and about her medical advice. Her symptoms 1 were those of an approaching confinement. She went to bed, and I visited her in bed on the Friday. She looked very ill, but said nothing about having been delivered. On the Sunday the prisoner came clown to dinner. After dinner she- went up to bed again, and I saw her no more till 7 o'clock, in the kitchen. There was no one in the house but myself and the prisoner. She appeared ill, and I advised her to go to bed. She did, and I saw no more of her till half-past 9. At that ti me I saw her lying on the bed. It was dark. I

took a candle with me. She was . partially dressed with, a jacket and skirt. I said I would attend to hay children and go to bed, and if you get worse you must call me. Whilst getting supper in the kitchen the prisoner came down and went out at the back door. The premises were not inclosed. I think she went into a closet there, and remained out a few minutes. On coming in she went up stairs, speaking to me as she was going up. I told her not to go out, as I would get her anything she wanted. I finished my snpper, and as I was going to bed just before ten I heard her come down stairs again, but cannot say if she went out, as I was in bed. My husband came home while she was down stairs, about 10 minutes, after I heard her come down. He said she was very badly, and came to bed. Mr. Spendlove called me about 11 o'clock. I got up, and went up to the prisoner's room. She was in bed, with the clothes over. She said she was better, and would soon get well. She told me she had had a miscarriage, and her husband had thrown it away off the wharf. I said she should have called me. Her husband said it was the first burying he had ever been to. She described the particulars of the miscarriage, saying she had suffered great pain. She told me the child was alive on Saturday, and for months before. She appeared to live happily with her husband. Next morning I found a child on the beach, and brought it to my house, only a few yards from the wharf. The child I found was a full-sized one. Dr. Sealy saw it next day in the same state it was when I took it from the beach. No one touched it in the meantime. The child was delivered to the constable by me about five ■ in the evening of the same day, I found it. On finding the child I told the prisoner what I thought She was in bed. I told her we had found the baby. She said, " Good God." I said it was a big baby, and I thought it was alive when it was thrown away. She said, do you mean to say I was like that before I came. here ? She said the water had made it swell. I said the water could not. I told what size it was. She replied, it was not her's. I was alone with her, but she said no more about it. I spoke about a doctor a day or two ago. She said if she could afford it she would have had one before. Her husband is a mariner. To Mr. Kingdon : I heard no cries on the Sunday night between the hours of 9 and 11. There is a • room between my bedroom and the kitchen. The prisoner slept immediately over me. " - William Johnson sworn said : I am husband of - the last witness, and know the husband of the prisoner. I went out with him about 6 o'clock on the evening of the 3rd December last, and returned with him. When we got back, I saw prisoner standing near the house, standing against a pile of wood. I went in the house and left her with her husband. It was about 10 o'clock, and it was about high water. Next morning it would be high water twenty minutes later. After the examination of Sergeant Edwards, Dr. Sealy, Mr. Dickensen, and Mr. Jasper, the Court adjourned till two o'clock. After the judge had summed up, the jury retired, and shortly afterwards found Mrs. Spendlove guilty of concealing the birth of her child, and the judge sentenced her to 18 months' imprisonment. The remainder of the evidence will be given to-morrovr. Coroner's Inquest. — An Inquest was held this day at the Mitre Hotel, Bridgestreet, before W. W. Squires, Esq., and a Jury of thirteen, on the body of Jonathan Leech, who was found dead in his bed yesterday morning. The Jury having first viewed the body, Elizabeth Leech was then sworn and deposed that, the body she had just viewed was that of her late husband, Jonathan Leech. Deceased was 67 years of age ;he was quite well and in excellent spirits on last Saturday. For many years he had beeu troubled with flux ; on the night preceding his death, he took his supper as usual, and retired to bed. About twenty minutes to- four o'clock on Sunday morning she endeavored to wake him as was customary with her. when she found that he dead, her son was then called, and Dr. Vickerman sent for... She believed the deceased died from natural causes. Francis L. Vickerraan deposed, he was a Member of the Royal College of Surgeons in England. He was called in to see the deceased at half-past three on Sunday morning last; deceased presented the appearance of one who had died from, apoplexy. Deceased was subject to bleeding, which had ceased for some time, and gave as his opinion that death arose from apoplexy. The daugh-ter-in-law, and daughter of deceased, were both examined, but their evidence gave but little additional information. The Jury gave a verdict of Death from apoplexy. We have been informed by several of the officers of the Panama Company's steamers that quite a large proportion of the passengers to Hokitika and Greymouth from Aus- ■ tralian and New Zealand ports, by the boats ' of that company, consist of married women. \ This conclusively indicates that the miners and tradespeople there are making themselves comfortable with the probable intention of/ permanently settling in that once-called "an-/ inhabitable region."