Errington's

case.

Patteson, J., cited from the text books the law applicable to the case, and pointed the attention of the jury to the distinctions which characterise murder and manslaughter. He then adverted to the fact of there being no evidence of express malice; but told them, that if they believed the prisoners really intended to do any serious injury to the deceased, although not to kill him, it was murder; but if they believed their intention to have been only to frighten him in sport, it was manslaughter.

The jury took a merciful view of the case, and returned a verdict of manslaughter only.

CARLISLE Sp. Assizes, 1838

N B. A count

which charges

the cause of

Stockdale's Case.

The prisoner was charged upon the following

exposure as indictment, with the murder of her infant child:Knowles conducted the case for the prosecu

death, not

supported by

proof of

acceleration

only.

tion.

Qu. If a count charge the death to have been produced by two co-operating causes, is it supported by proof of one of them?

1st count, Death by casting &c.

to the ground,
and by ex-
posure to
cold.

The INDICTMENT was as follows:

The jurors &c. present, that Isabella Stockdale, late of the parish of Hesket, otherwise called Hesket-in-the-Forest, in the county

Cumberland, single woman, on the 11th day of

case.

Indictment.

December, in the first year &c, at the parish afore- Stockdale's said, in the county aforesaid, being then and there big with a male child, did then and there bring forth of the body of her the said Isabella Stockdale, the said male child alive; and the jurors aforesaid &c. present, that the said I. S., afterwards, to wit, on the day and year aforesaid, with force and arms, at &c., in and upon the said male child then and there being, feloniously, wilfully, and of her malice aforethought, did make an assault, and that she, the said I. S., with both her hands, the said male child to and upon and against the ground then and there feloniously, &c., did violently cast and throw; and that the said I. S. then and there, the said male child so being then and there cast and thrown to, upon, and against the ground, as aforesaid, feloniously, &c., did leave naked and exposed to the cold frosty air, in a certain open field there situate, for a long space of time, to wit, for the space of four hours then next following; and that the said I. S., by means of such casting and throwing as aforesaid, feloniously, &c., did then and there give to, and cause to be received by the said male child, in and upon the middle of the top of the head of him the said male child, a mortal wound, injury, and contusion, of the breadth of one inch, and of the depth of two inches; of which said mortal wound &c., as also by means of

case.

Stockdale's such leaving naked and exposed, and by such exIndictment. posure to the cold frosty air as aforesaid, the said male child from &c., did languish &c., on which said 11th day of December &c., the said male child, in &c., at &c., of the said mortal wound, injury, and contusion, as also of the said leaving naked and exposed, and by such exposure to the cold frosty air, died: and so the jurors &c. do say, that the said I. S., the said male child, in manner and form aforesaid, feloniously &c., did kill and murder, against the peace &c.

2nd count, charging the

been pro

duced by exposure alone.

And the jurors aforesaid &c. present, that the death to have said I. S., on &c., being then and there big with a male child, did then and there bring forth of the body of her the said I. S., the said last-mentioned male child alive; and that the said I. S. afterwards, to wit, on &c., at &c., in and upon the said last-mentioned male child, so then and there being born as last aforesaid, feloniously, &c., did make an assault; and that she the said I. S., the said last-mentioned male child, immediately upon and after the birth thereof, to wit, on &c., at &c., feloniously, &c., did place and leave naked, uncovered, and exposed to the cold frosty air, in a certain open field there situate, for a long space of time, to wit, for the space of four hours then next following the birth of the said male child; by means of which said placing and leaving naked, uncovered, and exposed to the cold frosty air, and

Indictment.

of the said exposure to the cold frosty air of the Stockdale's said male child, by the said I. S., as in this count mentioned, the said male child did then and there contract a certain mortal sickness and distemper; and the said male child, by reason of the said placing and leaving naked, uncovered, and exposed to the cold frosty air, and of the said exposure to the cold frosty air, as in this count mentioned, and of the said mortal sickness and distemper occasioned thereby, as in this count mentioned, he the said male child, from &c., then and there did languish &c. for ten hours then next following; and that, on &c., the said male child, at &c., by reason of the said placing and leaving naked, uncovered, and exposed, and of the said exposure to the cold frosty air, in this count mentioned, and of the said mortal sickness and distemper occasioned thereby, as in this count mentioned, died; and so the jurors &c. do say, that the said I. S., the said male child, in this count mentioned, in manner and form aforesaid in this count mentioned, feloniously, &c., did kill and murder, against the peace &c.

3rd count, charging the death by striking on

There was a third count, which charged the death to be by striking on the head with a stone. The evidence was, that the child was found in a the head with

field, alive, with a contusion on the head, and that it died a few hours after. How the contu

a stone.

sion was occasioned did not appear. The medical men stated, that the contusion was in itself sufficient to cause the death, and that it might have been occasioned by throwing the child to the ground, or by a blow, or by letting it fall unintentionally.

They stated also, that the exposure might have accelerated the death; but whether it did or not they could not say.

Sir G. A. Lewin, for the prisoner, submitted, that supposing the death to have been accelerated only by the exposure, the second count, which charged it as the cause, could not be supported. And of this opinion was the learned judge.

He next contended, that as the first count charged the death to have been occasioned by two co-operating causes, and the evidence was limited to one, the cause of death was not proved as laid, and consequently, that the first count failed in like

manner.

Patteson, J., expressed considerable doubt, inclining in favour of the objection; but the evidence being, upon the whole, too slight for a conviction, he recommended the jury to acquit the prisoner; it became unnecessary, therefore, to decide the point.