Part 30

Owing to the long and most important discussions, which at this period were carried on in both houses of parliament, upon the subject of the claims of the catholics for relief, it was not until Thursday, the 12th of March, that this subject could be brought under the attention of the legislature. Mr. Warburton then moved in the House of Commons for leave to bring in a bill to legalise and regulate the supply of dead bodies for dissection. The honourable gentleman in stating to the house the general grounds upon which he made his motion, said that his first object would be, to confer a species of legality on the practice of anatomy; and with this view he should propose--first, an enactment to render anatomy lawful, both in its practice and as a mode of instruction in all cities or towns corporate wherein there were schools which conferred degrees in anatomy, or wherein there were hospitals which were capable of receiving fifty patients at a time. The next difficulty to surmount would be the obtaining a sufficient number of subjects for the purposes of science and instruction. His project had for its basis the practice of the French government in the city of Paris. He, therefore, should propose that the overseers of the poor, in certain cases, and the governors of hospitals, should be empowered by the bill to give up to surgical examination the bodies of such persons as fell victims to disease whilst in the hospital, and were not claimed within a certain time after their decease. Here he begged that he should not be understood to treat the feelings of the lower orders with the slightest degree of disrespect by the present enactment. He begged them to take this into their consideration, and also to reflect, that in the case of the late disclosures of the horrid atrocities committed in order to obtain a supply of subjects for dissection in Edinburgh, the lower classes had in all cases been the victims. The motion of the hon. member was fully approved of by the House, and a bill was on the same night introduced, embodying the general principles which he had detailed. The bill passed the House of Commons in the course of the same session, but upon its reaching the House of Lords, so many noble individuals were found who objected to its principle, by which, it was said, the poor were subjected to what might be considered an evil, in which the rich did not participate, that it was withdrawn.

It was not until the recurrence of events in the metropolis of London, similar in character to those which we have just described,--the murders committed by Bishop and Williams,--that the subject again received the attention of parliament. In the session of 1831, Mr. Warburton once more moved for leave to introduce a bill, the provisions of which, although they were mainly the same as those of his former measure, differed from it in some important respects. By the new bill, the consent of the party whose body was to be submitted to dissection was required to be obtained before his death, as a condition precedent to its being handed over to the surgeons, and the whole system was to be placed under the superintending direction of inspectors and commissioners appointed for that purpose. This bill was introduced on Thursday, Dec. 15, and after undergoing considerable discussion, it at length passed into a law in the same session.

The act having been in operation during a period of upwards of eight years, has been found to have been attended with the most advantageous results, and the exertions of Dr. Southwood Smith, who holds a responsible situation under its provisions, have tended in no small degree to secure this admirable effect. The offence of body-snatching is now no longer heard of; for the object of the crime having been removed, the crime itself has ceased to be committed.

Happy would it have been for the interests of the community, if, before these dreadful scenes were witnessed and brought to light, some similar plan had met the approbation of the legislature.

EDWARD BARNETT.

EXECUTED FOR MURDER.

The dreadful murder for which this young man was executed, was scarcely less frightful in its nature than that of the unfortunate Maria Marten.

It was on the morning of Sunday, September 28th, 1828, that this deed of blood was discovered, when the murdered remains of a woman named Esther Stevens were found in a house which she occupied in the town of Monmouth. The wretched woman, it appeared, was born on the Kymin, a high mountain near Monmouth, and from her being in the habit of frequenting certain districts of the hill of her birth, she passed by the familiar epithet of "Hall of the Kymin." At an early age she was married to a man named Stevens, a bargeman, to whom in later years, however, she appears to have exhibited considerable dislike. Stevens' employment necessarily called him from home for considerable periods, and during these absences, his unhappy wife formed acquaintances with other men, of a criminal nature,--a step to which eventually she owed her murder. Amongst these guilty companions of her adultery was a man named William Davis, living at a village called Christchurch, near Carleon, on the Newport road, to whom she represented herself as a single woman, and to whom also she had promised marriage. A later connexion, however, was formed by her with Barnett, who resided in Monmouth--the miserable subject of this sketch.

Barnett, it appears, was strongly attached to Mrs. Stevens, and looked with the most uncontrollable feelings of jealousy upon her connexion with Davis. Immediately before the murder she had been living with Davis under an assumed name at Carleon, during her husband's absence, and Barnett discovering her position, quitted his mother's house, where he resided, in order to endeavour to induce her to return to Monmouth. In this effort he succeeded, and on Friday, 26th September, they quitted Carleon together. Mrs. Stevens, however, passed that night in the great wood on the Kymin, and Barnett was observed to leave her at the skirts of the wood in the morning. He proceeded home again, and on his arrival produced a loaded pistol from his pocket, and these circumstances, coupled with the contents of a letter, sent by the unfortunate woman to Davis, in which she stated that something dreadful was going to happen, led to a supposition that a threat of murder was made by Barnett on that night, in the event of her again joining her paramour at Christchurch. On Saturday afternoon Barnett received a letter from Mrs. Stevens, desiring an interview, and he quitted his home in order to obey the request which she made. At this time he had in his possession a shot-bag containing 30_l._ in notes, gold, and silver, and was attired in a shooting jacket and laced boots. He did not again return home, and on the following morning the wretched woman was found lying in her house, brutally murdered.

Her husband was at first supposed to have been the author of this revolting act, in revenge upon his discovering her perfidy to him; but upon an attentive examination of the appearances which presented themselves, and a due inquiry into the circumstances which had preceded the murder, his innocence and the guilt of Barnett became evident. At the time of the discovery of the murder, the door of the house was found open, and some persons, led on by curiosity, upon going up stairs, were horror-struck at perceiving the mangled remains of Mrs. Stevens lying on the floor of the bedroom. Upon the constables of the place being informed of the circumstance, they immediately proceeded to investigate the affair. Upon inquiry of a man named Pearce, residing next door, they found that in the course of the night Mrs. Stevens had been heard to go up stairs, as if slip-shod, and directly afterwards they heard screams; but as such events were common, as arising out of frequent quarrels between the deceased and her husband, they took no notice of the occurrence. From further inquiries, however, it was ascertained that Stevens had not slept at home on that night, and from the discovery of Barnett's shot-bag and money, his shooting coat and boots in the room, it became obvious that he had been a partner in the unhappy woman's bed, and having murdered her, had fled to avoid his apprehension. From the statement of Pearce, and certain appearances which presented themselves in the house, it was supposed that Mrs. Stevens had risen in the night in order to prepare the lower room for the morning meal, as the kettle was found full on the fire, and the usual utensils were laid ready for use, and it was concluded that Barnett waking just as the wretched woman was returning to the sleeping apartment, was excited by some jealous apprehension of her having quitted his bed to meet some other paramour, and had rushed upon her and murdered her.

The manner in which the fearful deed had been committed, was exhibited by the discovery of a case-knife covered with blood, on the floor, near the body of the deceased; and one tremendous gash across the throat was evidently the cause of death. The deed must have been completed with great rapidity, and the murderer, alarmed by his crime, appeared to have run off only partially dressed, and without even wiping the gore from his hands, as bloody finger-marks were distinctly visible on the stairs. The deceased too was attired only in a portion of her clothes; her cap was found lying under her head, saturated with blood, and her ear-rings, which had fallen from her ears, were picked up close to her in the room. The case-knife, with which the dreadful wound had been inflicted, appeared to have been taken from a drawer of a table which was open, close by the body.

Upon further search being made, it was found that Barnett could nowhere be seen,--a circumstance which tended materially to confirm the suspicions already excited against him. Evidence was also obtained of his having been observed crossing the Wye, without his coat, hat, or boots, and messengers were immediately despatched in every direction in search of him.

The scene in the Jury-room where the inquest was held on the Tuesday night was of the most affecting description. On the table lay the bloody garments of the murdered woman, the instrument of death, and the clothes, money, &c. of the murderer. Thirty-three witnesses were in attendance to enter into sureties to attend and give evidence at the Assizes. Amidst this group might be noticed the husband of the deceased, who deeply felt the peculiarity of his situation. The mother of the supposed murderer attracted universal attention--fast declining in years, called on by the justice of her country to sign her deposition, and to enter into recognizances against her son, her hand appeared to refuse its office, and with the utmost difficulty could she make her mark. And amidst the spectators might also be observed the father of the deceased, whose care-worn face and anxiety of countenance bespoke the inward workings of his mind for a guilty murdered child.

A verdict of wilful murder against Edward Barnett was returned by the coroner's jury, and on Monday, the 6th of October, he was brought in custody to Monmouth, by Fuller, an officer, by whom he had been apprehended in Liverpool, and to whom he did not scruple to make a general confession of his guilt.

Upon his being conveyed before the magistrates, he appeared to be about twenty-three years of age, stout and well-made, with sandy hair. He had on the trousers and waistcoat which he was supposed to have had with him at the time of committing the murder, a pair of shoes which he was found to have begged at the turnpike at Irenchester, and an old hat not worth a penny. He was still without a coat; his shirt-sleeves, particularly at the wristbands, very dirty; no neckerchief; his waistcoat of the yellow plush kind, spotted, but no marks of blood were discernible on any part of his dress. He appeared unmoved at the awfulness of his situation, and his eyes were downcast; a slight hectic tinged his cheeks when the inquisition was read over. The coroner informed him of the verdict against him, and his intention of having all the depositions read over in his hearing; and if he had any remark to make, or had a wish to ask any witness a question, they should be sent for, the town clerk cautioning him at the same time most earnestly not to say anything which might tend to criminate himself. He gave a deep sigh on the constable's producing his clothes, but did not evince the least emotion on the production of the bloody knife. During the reading of the depositions, he stood up in a firm and erect manner, fixing his eyes intensely on the town-clerk, and did not betray any internal feeling; with this exception, that when the husband's evidence was being read over, there was a slight convulsion of the lower lip, accompanied by a deep-drawn sigh. The evidence being gone through, he was asked by the coroner if he had any remark to make. To this he gave no answer; and on its being repeated by the town-clerk, he faintly answered, "No." He then sat down with apparent exhaustion, which might have been produced by the heat of a crowded room. His manner throughout was not that of a guilty man, with the exception of his downcast eyes. His cast of features was rather prepossessing, and a low smile was occasionally discovered. His firmness and self-possession were the universal theme of remark.

The warrant for his commitment being made out, a post-chaise was ordered, in which he was conveyed to the jail to await his trial at the assizes.

It was not until the spring assizes of the following year that his trial came on; and then the evidence of his guilt was so conclusive as to leave the jury no alternative as to the verdict which they should return.

Sentence of death was immediately passed upon him, and on Thursday 9th of April, 1829, he underwent the extreme penalty of the law.

During the whole period of his confinement and on his trial he exhibited the utmost firmness and self-possession, and his demeanour was in no way altered upon the morning of his execution. He ascended the gallows with an unhesitating step, and was turned off without exhibiting any sign of remorse, or sense of the dreadful position in which he was placed.

ESTHER HIBNER, THE ELDER; ESTHER HIBNER, THE YOUNGER; AND ANN ROBINSON.

TRIED FOR THE MURDER OF A PARISH APPRENTICE.

In the case of these offenders we have to present our readers with a murder, equal in atrocity to that committed by the notorious Brownrigg, whose fate we have already related.

These unnatural women were indicted at the Old Bailey, on the 10th of April, 1829, for the wilful murder of Frances Colpitt, aged ten years, the parish apprentice of the elder Hibner.

Mr. Bolland (with whom was Mr. Alley) stated the case. He observed, that the facts he had to lay before the jury must excite the greatest horror in the minds of those who heard the dreadful narration; but he thanked God that such a case as the present was of unfrequent occurrence in this country. The deceased, who was only ten years of age, was a pauper, and was apprenticed to the prisoner, Esther Hibner, the elder, who resided at Platt Terrace, Pancras Road, by the overseers of St. Martin's parish, to learn the business of fabricating tambour-work. She was apprenticed on the 7th of April, 1828, and in the month of October following, a system of the most cruel and unnatural treatment was commenced by the prisoners towards the unfortunate deceased and the other children who were placed under their care by St. Martin's and other parishes. They were not allowed sufficient sustenance, were compelled to rise to begin work at three and four in the morning, and were kept at work till eleven at night, sometimes two in the morning, and sometimes all night. They had scarcely any bed to lie on; and frequently during the most inclement season their resting-place was the flooring, and their only covering was an old rug. The prisoners and their family had good bedding and clothes, and every comfort that they desired. The children were not permitted to go out to obtain necessary air and exercise; and thus the cruel treatment they had experienced had terminated fatally with three of them. The child which was the subject of the present indictment had been reduced to such a deplorable condition that her feet mortified; and this, combined with the bursting of an abscess on the lungs, brought on by the ill-treatment the child had experienced, occasioned her death. The breakfast which was allowed the children, was a slice of bread and a cup of milk; and if they were indulged with this luxury, they had no more food all the day. Sometimes the elder Hibner said the deceased and the other children had not earned their breakfast, and then a few potatoes were given them in the middle of the day, and nothing more afterwards till the following morning. Nine pounds of potatoes were divided amongst the whole family, which consisted of twelve persons; they were allowed meat only once a fortnight; and on Sundays they were locked in the kitchen, the windows of which were closed. It would be proved that the younger prisoner, Hibner, had taken the deceased from the frame, and knocked her down on the floor; she had then taken the deceased up, and knocked her down again. When the elder prisoner was informed that the deceased was lying in the room ill, instead of affording her that protection which she was bound to do, she replied, "Let her lie there." The deceased, when in that state that she could scarcely crawl about the house, was told by the younger Hibner to clean the stairs; she attempted to do it, but fell exhausted, and was unable to accomplish the task; the younger Hibner then took the deceased up stairs, and flogged her with a cane and a rod, and afterwards sent her down to finish the stairs; when she came down, she was unable, from weakness, to go to the proper place to obey the calls of nature, and wetted the stairs: when Hibner the younger discovered it, she rubbed the child's nose and face in it, and afterwards plunged her head into a pail of water; the prisoner Robinson, who was standing by, encouraged Hibner to commit this violence, and said, "Curse her! do it again, and that will finish her." The children often cried for food, and, to satisfy the cravings of nature, had eaten the meat that was brought in for the dog, and also some pieces of meat which they picked out of the wash that was obtained for feeding the pig. It would be proved also, that all the prisoners had beaten the deceased; sometimes with a cane, sometimes with a rod, and sometimes with a shoe. The medical gentlemen who attended the deceased before death, and examined her body afterwards, would prove that they found large sores on the feet of the deceased, and her toes were mortifying and falling off. After death they examined the body, and found it in the most dreadful state, produced by the ill-treatment she had experienced from the prisoners, and from the want of proper food and nourishment. The case demanded the most serious attention of the Jury; and he felt satisfied that they would give the circumstances the most serious consideration before they arrived at their decision.

Evidence of the apprenticeship by the parish-officers, and of the dreadful state in which the deceased was found, was then given, and followed up by the testimony of three of the apprentices, who fully confirmed the narrative given by Mr. Bolland.

Charles James Wright, a surgeon, said, he went to visit the deceased at Mrs. Hibner's house; she had sores on her feet, and her toes were mortifying and dropping off, she died on the 15th of March. After death, he examined the body; he found that the lungs were nearly destroyed with abscess--the viscera were inflamed, and the body was otherwise diseased; there were also several bruises on the outside of the body; the proximate cause of death was the abscess on the lungs, and mortification on the feet. These were produced by the want of food and exercise, and the improper treatment which the child had received. The immersion of the child's head in cold water would, he considered, greatly accelerate the complaint on the lungs.

Two other medical gentleman, named Gozna and Bellin, gave similar evidence, and concurred in opinion that the treatment the deceased had received had accelerated the complaint on the lungs, and caused death.

This closed the case for the prosecution, and the prisoners were called upon for their defence.

The elder prisoner, Hibner, said she would leave her defence in the hands of her daughter.

The daughter said that the children had sworn falsely. They had been treated with the greatest kindness by her and her mother, since they had been in their house, and there was not the slightest ground for the accusation which had been preferred against them.

Robinson declared that what had been alleged against her was false. She was engaged by the Hibners only to assist them in their business, and went home every night at eight o'clock.

Mr. Baron Garrow then proceeded to sum up the case, and delivered a most feeling and impressive address, in the course of which he entreated the jury, however their feelings might have been excited by the horrible narrative they had heard, to come to a calm and temperate decision on the case. The elder prisoner was the person to whose protecting care this unfortunate child was consigned. She had promised that it should receive from her care and attention, and she was, therefore, bound to protect it from violence. His lordship then read over the evidence to the jury, and observed, that in deciding the case, the jury had to consider, first, whether the general ill-treatment which the child had received from the elder prisoner had caused its death: if that were their opinion, the other two prisoners must be acquitted. If, on the other hand, they believed that the immersion of the child's head in cold water by the younger Hibner, in the presence of Robinson, had promoted the consumption, and had been the principal cause of the child's premature death, then they were bound to convict those two women and acquit the elder prisoner.

The jury after some deliberation found the elder Hibner guilty, but acquitted the other women.

The sentence of death was at once passed upon Mrs. Hibner, and she was ordered for execution on the following Monday; while the other women were directed to be detained, to be tried for the assault upon the deceased.