Mr. Clarkson, who stated that he had been directed by the Sheriffs to conduct the prisoner's case, here made an objection to the manner in which the indictment was drawn up. He said that the prisoner was charged with causing the deceased's death, by squeezing and pressing about the neck. This description of the manner in which the murder had been perpetrated, he contended to be of too vague a nature, and in support of his argument referred to the 2d volume of Lord Hale's Pleas of the Crown, where it was laid down, that if a wound was inflicted on the breast, arm, or head, it was bad to say that it was inflicted 'about the breast, &c.,' (circiter pectus, super brachium, or, super manum) for the particular part of the breast, arm, or hand, must be specified. He conceived that no distinction could be drawn with respect to this point, between a death caused by a wound and one by suffocation; and he was therefore of opinion, that the words in the indictment, 'about the neck,' did not fix with sufficient distinctness the part of the neck to which violence had been applied.
Mr. Adolphus, in answer to the objection, said, that circiter had a particular meaning in Latin; but every person knew that 'about' was capable of two significations. The learned Counsel was prevented from proceeding further by
Mr. Justice J. Parke, who said, that the Court was of opinion that the objection was not valid. The word 'about' in the indictment was to be taken in the sense of 'around,' death having been caused by pressing the hand around the neck. The learned Judge then informed the prisoner, that it was now the time for her to say whatever she wished in her defence.
The Prisoner, who, during the whole of the proceedings, had exhibited no signs of feeling much interest in a matter which affected her life, rose and answered with great indifference, 'I have nothing to say, except that I am innocent of the crime with which I am charged.'
Witnesses were then examined for the prisoner, of whom the first was—
Jane Duggan.—I am married, and the mother of twelve children. I live at No. 6, George-yard. My husband is a stone-mason. The prisoner lived with me as a nurse to one of my children. She is kind and affectionate to children, and has always borne that character.
Another witness, living in the same place.—I have known the prisoner for twelve months. She has always borne the character of being kind, humane, and fond of children.
Elizabeth Martin.—I live in Golden-lane. I have known the prisoner for seven years. I should readily intrust her with the care of my children. I am a married woman.
Julia Cochrane, another married woman, deposed to the kindness and humanity of the prisoner.
Mary Flanagan, a person of the same description, gave similar evidence.