The Supposed Child Murders

Southland Times, Issue 13237, 10 June 1895, Page 2

The Supposed Child Murders

MAGISTERIAL ENQUIRY CONCLUDED MINNIE DEAN COMMITTED CHARLES DEAN DISCHARGED “ WITHOUT A STAIN .ON HIS CHARACTER. ” THE POLICE COMPLIMENTED. At the Police Court Saturday morning, before Mr J. W. Poynton, S.M., the hearing of the charge against Minnie Dean and Charles Dean of having murdered the infant Dorothy Edith Carter was resumed. Mr T. M. Macdonald for the Crown ; Mr Hanlon and with him Mr Hanan for the accused. Constable Greene deposed to taking a sealed bottle from Dr Macleod in Invercargill and handing it over to Professor Black in Dunedin. Roderick Alexander Macleod, M.8..C.M., repeated in effect the evidence given by him at the two inquests.—By Mr Hanan : In the smaller child the heart contained about two teaspoonfuls of dark fluid blood. The right side of the heart was full of dark fluid blood. The left side did contain so much. The left side aiso contimed dark fluid. The right and left lungs . tfere engorged, and underneath the covering of the lungs were a large number of small collections of blood, from the size of a pin point up to about an eighth of an inch in diameter. These spots were found both on the heart and lungs. The liver was also full of blood. The stomach was almost empty, containing only a few curds of milk. The bladder was empty. The eyes were blue and the pupils dilated. The tongue was normal, with some mud on it. There was nothing unusual about the jaws. The windpipe was quite clear. There was nothing peculiar about the fingers or toes. I am quite satisfied that the child died in a state of asphyxia. The police asked me to send the stomach, etc., to Professor Black; did not send the organs because of any doubt on my mind as to the cause of death. During the last seven years I have had a good deal of experience of death from asphyxia. In regard to the other child laudanum is a very dangerous drug to deal with and ought not to be given except under medical supervision. It was given, however, to alleviate pain and induce sleep. It might be given in small doses without injury, but it was peculiarly dangerous to children.—By his Worship : I cannot say whether the bruises on the head of the smaller child were caused before or slightly after death. James Young, M.D., gave corroborative evidence, stating that the tin box produced would hold the bodies of the two infants. Mr Macdonald said he wished, in fairness to the accused, to state that no trac s of poison had been found in the stomach, intestines, liver, or kidneys of the younger child, whose organs had been sent by Dr Macleod to Professor Black at the nquest of the police. He had no further evidence to offer. Mr Hanlon said it seemed to him that at this stage it was perfectly clear what his Worship’s duty would be, and it wi uld only be a waste of time for him to att inpt to submit that a prima facie case, and a very strong one, had not been made out against Minnie Dean. In regard to Charles Dean, however, he held there was no case. His Worship acquiesced, and said Mr Hanlon need not take any trouble on that point. Mr Hanlon accepted his Worship's assui» ance, but said he wished to say a few words on behalf of Mr Dean so that they might, in justice to him, go forth to the public. There was no evidence whatever, he said, against Mr Dean, while one or two circumstances told very strongly in his favour. The evidence of Esther Wallace had been very strong in his favour indeed. She had said that Mrs Dean told her she did not want Mr Dean to see the box as he would grumble about the rubbish it contained. Further, he had asked what had become of the bulbs, and again it appeared from the girl’s evidence that Dean was frequently away from home and that during his absences children had frequency come to the house and gone. This was no proof against Mrs Dean of having murdered the children, but it was evidence that Mr Dean did not know what was going on. Ths next thing to be considered was Dean’s conduct in the matter. When snoken to bv Detective

Herbert before his arrest he stated where he could be found if wanted, and, further, he

told Constable Rasmussen after his arrest that had he known where the bodies were he would have removed them to shield his crife. Such conduce would not be that of a tsan who knew anything of the alleged murders or of where the bodies were concealed. Another thing was that the only 'Nothing taken away by Detective Herbert ras that said to belong to Eva Hornsby. Jwo days elapsed before Dean was arrested, and there could bo no doubt whatever that bad he been guilty or known anything of the matter he would have taken steps to destroy the clothing which it was alleged belonged to the other child. The only thing tgainsb Dean was that he was Mrs Dean’s husband. There was not a tittle of evidence igainst him, and counsel submitted that

en the police discovered such to the case they ought not to have lept him in custody and subjected jim to the ignominy of being brought before the public time after time on this charge. His Worship would be aware that Pean would have to go back and live in the lame locally, where no doubt there would be some persons inclined to give undue lignificance to the charge that had been brought against him. Counsel therefore asked his Worship to say that Dean left the court without a stain upon his character. His Worship said there was^onelcircualliance in favourjof the accused which Mr Banion had not mentioned. Supposing the theory of the Crown to be correct the bodies of the children had been buried for a week, tnd during that period Dean would have ample opportunity of removing [them. He (his Worship) was satisfied that Dean left Che court without a stain on his character, io far as the evidence was concerned. Be did not, however, agree with Mr Hanlon that the police did wrong in detaining Dean after they had very properly arrested him. The police had displayed great fairness and intelligence throughout the matter, and deserved the highest credit. They had been perfectly justified in detaining Dean, because at any moment during their investigations important evidence might have been discovered against him. As a matter of fact the circumstances were so peculiar and suggestive that had there been any evidence against Dean at all, the court would have had no hesitation in committing him for trial, even at the risk of public disapproval. He (his Worship) repeated that in his opinion the police deserved the very greatest credit. Had the case happened in another country invidious comparisons would probably have been drawn here between the police of that country and the police of New Zealand. They were often unjustly abused and blamed then a failure of justice took place through ao fault of theirs, and it was therefore only right that in such a case as this they should be highly complimented upon the remark - ible acumen and fairness they had displayed. "Charles Dean,” said his Worship in conclusion, “you are discharged.” Mr Hanlon said he wished to endorse his Worship’s remarks with regard to the police, end to testify to the fairness and abili y with rhich they had worked up the case. Minnie Dean was then charged in the isual form, and, Mr Hanlon having intinated that she reserved her defence, his Worship committed her for trial at the ending sitting of the Supreme Court.