RESIDENT MAGISTRATE'S COURT. (Before A. C. Strode, Esq., R.M.) Saturday, April Ist.

Otago Witness, Issue 697, 8 April 1865, Page 6

RESIDENT MAGISTRATE'S COURT. (Before A. C. Strode, Esq., R.M.) Saturday, April Ist.

TiiErx. — Catherine M'Grath was charged with stealing one Crimean shirt, one knife, and a quantity of groceries, the property of Edgar Bastings, her master. On the application of the prisoner's counsel, she was remanded to Tuesday next, but was admitted to bail, herself in L"2O, and two sureties of LlO each.

CONCEALMENT OF CHILDBIRTH.

Margaret M'Pherson was charged, on the information of Detective James Farrel, that on the 25th March, at Dunedin, she being then delivered of a certain child, whether male or female unknown, did unlawfully conceal the birth thereof by secretly throwing the body of the child into the lliver Clutha, and Mary Scott was charged with aiding and abetting in the said concealment. The prisoners were undefended, and Margaret M'Pherson being evidently suffering from'great bodily weakness, was accommodated with a seat during the proceedings. The following evidence was taken ;—; —

Mary M'G-regor : lam a single woman, a domestic servant, living at present in the Immigration Depot. I know the prisoners. They were fellow-passengers with me on board the ship St. Vincent, from Glasgow to Dunedin. I arrived here on the 24th of March, and we all went to the depot. On that evening the prisoner M'Pherson turned very unwell about tea-time. She had been ailing tiearly the whole voyage. We all went to Led about eight o'clock, and I was not long in bed when the prisoner Scott asked me to rise and bring some hot water for Margaret M'Pherson. I took the water, and then went to bed again. I was called up three times after that, the same night, to get her hot water. Margaret M'Pherson was sometimes in, and sometimes out, of bed that night ; but I cannot say what she was doing. At a quarter before two o'clock, she a3ked me to go and bring her a bucket. The bucket shown here is like the one I took up (this was a common iron pail). I had previously taken up a pail during the evening. When I brought the pail upstairs, I saw that Margaret M'Pherson had an infant in her righfTTand, and she let it fall into the pail containing the warm water I had. previously

brought up. The body floated in the pail. Sht then washed her hands. I could not say whether the child was alive or dead. It did not cry. At that time Mary Scott was standing beside M'Pherson, but she was doing nothing that I saw. I then went to bed, and shortly afterwards I got up and requested Mary Scott to bandage Margaret M'Pherson. Mary then said to me that it was a false conception. I subsequently bandaged Margaret M'Pherson, All this time the infant was in the pail close to the bed. Mary Scott asked me what we should do with it — if we should put it into the water-closet. I said ''No." Mary Scott then said, " Shall we put it into the sea. 1 ' I said v No, it will float on the sea." I knew that they were leaving by the coach the same morning, and I

said, "The best thing you can do is to take it along with you." About three o'clock Mary Scott asked me to carry down to the kitchen the pail the infant was in, which I declined to do. She then took it down herself, and then brought down a carpet bag. She spread a cloth on the floor and desired me to lift the child j out of the pail on to the cloth. I would not do it. She then told me to empty out the water first and then to empty the child on the cloth, which I did. I saw that the top of the child's head was black, with hair on it, but I did not see its face. Mary wrapped the cloth round it, and I hen said to her that I could do no more about it, and then went to bed. As the body was being put into the cloth I only saw the head of it, the reason being that I told Mary to cover up the body, so that I might not see anything, which she did. In the morning I opened the gate of the depot to let them out. M'Pherson had a jarpet-bag in her hand, and as she was going out she said, "I have deceived myself and others." I cannot recognise the carpet-bag- now shown me.

Cross-examined by Mary Scott : About twelve o'clock you spoke about getting a doctor, but Margaret M'Pherson said there was no use of getting a doctor, for a doctor would not know her trouble. I said I thought Margaret was quite right — that as she had been so long ill in the vessel, the doctor would not understand her trouble. I did at first offer to empty the pail, but at the time I did not know the contents of it. I never suggested to you to take away the body in a carpet bag so that you could leave it anywhere.

By the Magistrate : During the voyage Margaret M'Pherson told me her trouble was dropsy. I never knew what it really was until the night we were in the depot.

James Farrell- I am a detective officer stationed in Dunedin. From information I received about seven o'clock on Tuesday evening last, the 2Sth ult., I proceeded by coach the following morning to the Kaitangata township, to the house of one James Scott. I there arrested the two prisoners on a warrant. I stated the charge and gave them the usual caution. Margaret M'Pherson 'said, "I gave birth to an infant on the morning of the 25th, at the Immigration Depot, iv Dunedin." I then asked her what had become of the child, and she replied, " I buried it." I asked her where, when she said, "It is no use denying the truth — I'll admit all — I put it into the Molyneux." I asked at what part, and she said that about twenty minutes or half an hour after leaving the Ferry, in the steamer, she let it drop over the side of the steamer, into the water. I asked what was on the child at the time, and she said it was wrapped in a piece of an old brown skirt. I asked her what she had carried the child in, and she 3aid in. a carpet-bag. I found tli3 bag now produced in her bedroom, and on examining it, I found several blood stains inside. I asked her what that was, when she replied, " 0, you know." Mary Scott subsequently admitted to me that she wrapped the child up in the brown stuff". I arrested the prisoners and brought them to Dunedin.

This was the case for the prosecution. The prisoners were cautioned in the usual manner, when Margaret M'Pherson expressed a wish that the doctor of the ship Sc. Vincent should be examined as to the manner in which he had treated her. She said he had never informed her that she was pregnant, and she was not aware of it herself.

The prisoners were then remanded until Monday, in order that the doctor should be examined. CHARGE OF ATTEMPTING TO SET TIRE TO

PKEMISES.

John Riordan was charged, on the information of Detective Weale, with unlawfully, feloniously, and maliciously attempting to set fire to certain premises, his property, iv "Walker street, on the 31st ult, with intent to defraud the New Zealand Insurance Company. Mr Barton appeared for the prisoner, and Mr Macassay, from the office of Messrs Gillies and Turton, to prosecute for the Crown.

Mary Ellen English : lam the wife of Matthew English, a laborer, residing in a right-of-way off Walker street, called Richardson street. I know some cottages there belonging to the prisoner. I lived

in one of them. I think there are five or six of them. I know the house in which Mrs Rowse lived. I was in it between ten and eleven o'clock yesterdaj'/as near as T can recollect. Mi s Rowse's baby was at my place, and I took it down to her. I remained only five o"r six minutes in the house, and Mrs Rowse and I left together. There are two rooms in the house, and a fireplace in the back parlor. When I left the hous» there was no furniture of any kind left in it, but there was a pile of rubbish swept up I could' not know what it was, as it was in a bag lying opposite the fire-place, about a couple of feet from it. Of course there was rubbish in the place, owing to Mrs Rowse's Imsband having been a shoemaker. 1

was outside holding the baby while Mrs Rowse locked the door. I walked as far

as the Post Office with her. Tnere was another woman with us, but I left them at

the Post Office. Mrs Rowse was going to Okitiki to join her husband. The last time I saw the key was in Mrs Rowse's hand. Ido not know where the prisoner lives or carries on business. I passed bye the house lately occupied by Mrs Rowse, when the alarm of fire was made. (Shown an old pair of trousers.) When I was in the house in the forenoon I did not see these articles there. They might have been there, but I did not observe them. I did not see a candle or any other thing burning in the room when I left it. I had been there three or four minutes in the room with Mrs Rowse while she was putting on her frock. I was minding the baby while I was there. I saw nothing particular there. While I was in the back parlour I did not perceive the smell of spirits.

I Cross-examined by Mr Barton : I have known Mrs Rowse for about twelve months, but I never made much freedom with her. I was living there when I heard that she got into prison for stealing bottles. On the night before she left, I was in Mrs Rowse'a house. There was a number of persona there, and a workman who used to work with her husband, who was going with her to the West Coast. I cannot say if there was any jollification there that night. I did not hear any singing, and I don't know of anything having been brought in. I think it was about half-pa-t eleven the following day when Mrs Rowse left her house in my company. I will swear that it was not twelve o'clock, when I went into the shop known as the "Golden Cannister," in Walker street, where I went after parting with Mrs Rowse. I had some of my work done in the shop when I heard the Catholic Chapel bell ring for twelve o'clock.

Mr Maca?say here put in a plan of Mrs Rowse 's house, and the witness marked on it the position where the bag of rubbish was lying when she saw it. She said she could only do so at a guess. It was a potatoe bag, and was nearly full. He-examined by Mr Barton: I went out of the house first with the baby, and a lady came out who had bought Mrs Rowse's bedstead, and I don't' recollect whether I was speaking to this woman outside the door before Mrs Rowse came out. I will not swear that I was not talking to her before Mrs Rowse came out. I could not swear to a minute how long Mrs Rowse was in the house after I came out, but I know it was not long. She might have been a minute or two after me. When I left her to go out she was in the back room with the other woman, and I v/as playing with the baby at the door till she came out, and I did not observe what she was doing. Mrs Rowse came out last and locked the door.

Re-examined by Mr Macassay: From the time I left the house till Mrs Kowse came out, it might have been two, three, or four minutes, or even more. I did not take notice. At the time I was standing outside the house the outer door was open, but I cannot say if the inner door was or was not open.

Edward Chalmers : lam agent in Dunedin for the New Zealand Insurance Company. I know the prisoner, and also certain property of his in Richardson street, Looking at the plan shewn me, I can say that the prisoner has effected a policy of insurance in the New Zealand Company on the house there represented for LIOO. The same policy covers this and the adjoining properties to the extent of L7OO. The insurance is still subsisting. Rosanna Richards : I am the wife of John Richards, a store-keeper in Walker street. Our house is on the opposite s-ide of the right-of-way from that occupied by Mrs Rowse. I saw Mrs Rowse and a Btrange woman with a baby in_ her arms just before eleven o'clock going down Walker street yesterday. I did not see her after that. I know the prisoner, and saw him between four and five o'clock yesterday afternoon inside Mrs Rowse's house placing a bill " To Let" in the front window, and I afterwards saw him come out and lock the door.

Cross-examined by Mr Barton: I had no further acquaintance with Mrs Rowse than that she was a neighbor. I heard {.hat she was in the gaol, but I did not sefr

ber there. Since Mr RowFe went north . * man has lived in the house with Mrs Rowse, but I did not see him at the house the night before she went away. That night I did not hear any noise in Mrs Rowse's house. I did not go in to have a parting glass with Airs Rowse. When Mrs Rowse was going down the street I was standing at my door, and I did not see Mrs English. She could have stood at Mrs Rowse's door and walked down the street without my seeing her. There has been a few words between Mrs Rowse and I last Sunday week. Last Sunday night I saw Mrs Rowse blind drunk in her own house.

The Magistrate stopped this course of cross-examination, as the facts which were being brought out had no connection with the present case. He would permit questions to be asked as to whether there was any carousing in the house immediately previous to the occurrence.

Ann Ward : I am a married woman, the wife of Fred. Ward, occupying three of the prisoner's houses, and not far from that lately occupied by Mrs Bowse. I saw the prisoner twice yesterday, but he was only once at my place ; and it was then about five o'clock. He asked me if I had sent some bottled porter to the City Buffet. I said I had not, but that I was about to do it. On the preceding day I had given the usual notice of my intention to leave two of his houses. When prisoner came to our place at five o'clock, I saw him come down Stafford- street along Hope- street, and into the yard to me. I know Mrs Rowse's house. Later in the evening I was in the third house from Mrs Rowse's house, when I saw Mrs Gourley and Mrs English looking into the window of Mrs Rowse's house, and I heard them say " There's a fire." Mr Gourley ran and got something with which the door was broken open. 1 was then present, and saw the fire. The side-door in the right-of-way, leading into the back-room, was broken in. I saw in the corner ot the room opposite the fire-place, and next to the butcher's shop, a candle and the paper produced. The candle was burning standing upright covered in by a piece of paper, which was supported by a bundle of rags. I recognise the old pair of trousers shown me as being part of the bundle. The candle was three or four inches from the partition of the house, which, I believe, was made of palings, canvas, and paper. The prisoner came into the house when I was there.

Cross-examined by Mr Barton : I did prosecute Mrs Rowse in this Court for stealing porter. I was present when she got 14 days for it. (Mr Barton was proceeding to ask questions as to some third person who had threatened to burn down the witness's house, when Mr Macassay objected, and the Magistrate would not allow the answers to be taken down.

He- examined by Mr Macassay : I had not had tea when the prisoner came into our place. The hell was ringing fire as he went out of the yaid. It was threequarters of au hour after that the alarm of fire was raised, and I again saw the

prisoner.

.Francis J. Weale : I am a detective officer stationed in Dunedin. I know the prisoner. Last evening I accompanied Inspector Morton to the prisoner's house the Cafe de Paris. Mr Morton asked the prisoner if he had been up at his premises in Walker street. He replied that he had been sent for and had gone up there. He said he had received thekey from Mrs Rowse thatday at about a quarter past eleven, and that he opened the door with that key when he was called up in the evening. He was asked if he had been there during the day, and he said he had been there at about half-past two o'clock, when he put a bill tip in the window. Mr Morton asked him if the premises were all right then, when he replied that they were all right. Mr Morton further asked him if that was the last time he had been there before the evening, and he said it was. He never said he was there at four o'clock, his words were either " about half-past two o'clock," or " between two and three o'clock." Prisoner was then asked to accompany us to the office of the Commissioner of Police. At this stage of the proceedings, Mr Macassay applied for a remand to Tuesday next.

The prisoner was then formally remanded to Tuesday next, at one o'clock, but was admitted to bail, himself in L4OO. and two sureties of L2OO each.