Judicial murder : the case of Lieutenant Wark / by E.R. Grain.

  • Grain, E. R.
Date:
1900
Catalogue details

Licence: In copyright

Credit: Judicial murder : the case of Lieutenant Wark / by E.R. Grain. Source: Wellcome Collection.

    28/76 page 22
    her child, when it should be born, and she murdered it accordingly, was ■.:---- v. . ;..:o-. .cry before the fact. In fche rirsr place—Was an illegal operation performed upon this woman with a view to producing mis- carriage r Second—Did the prisoner do the operation or help in its being done?—it matters not which. And, third—Did the woman die of the results of this illegal operation? If the answer is Yes to each of these three ques- tions the prisoner is guilty of murder. If No to any one of the three he is not guilty. There is no doubt that Jane Yates is dead. There is no doubt that she had a miscarriage, and I take it, there is no doubt that miscarriage : i.sed her death. This leaves you only to consider two questions—Was the mi .carriage artificial and illegal, or was it natural, and, consequently, had the prisoner no share in it in the way I have already explained to you? Mr. Gill, in his defence, has made the point, more than once I think, in the (>i (■/*;.<: r.fm-. there are other indictments on the file against this prisoner, and it is true that there are other two. But I have considered tho*.o more than once, and I may tell you that as at present advised if you return a verdict of not guilty in this case there is but one contingency on which the prisoner could be tried upon anything else. I wish to say that he b not btiing tried upon anything else except this one contingency. If— and it ha,H been suggested by Mr. Gill—it should turn out to be the truth that he had not counselled this woman to procure miscarriage, and that he never intended or tried to do it, but that, in fact, the miscarriage was a natural mi carriage, then he would not be guilty of murder, because it would not he her act or bis that led to her death. It would be natural miscarriage, and in that case only would it he possible to try him upon another charge. One other preliminary matter. Something has been said as to the character of' t in . man, Gentlemen.; in a case of this kind not too much weight should be attached to good or bad character. It is not a case where, with the admitted goodness or the admitted badness of the prisoner's character, we nan infer very much as to the probability of his not doing or doing this act. \\ e knew that he i I ;i very merit orious soldier who has risen from the ranks, although he neerriH to lack somewhat in the matter of morality. On the Other band) we linlorl unnfoly know that being now of the age of 48—having come to Liverpool in 1892 at the age of 40, when the girl was just 21—ho very toon entered into intimate acquaintance with her, which ripened as far book M the rear L890, when he was 42 and she about 23—and intercourse has taken place ever sinoe beginning, in fact, when she was in a sense his pupil. It may be that be was QOt her original .seducer. There is a doggerel rhyme addressed by him to her in which he suggests that she was not a in udeii when he iti<'l her, and as flhe kept and treasured all those letters one may S nine, that she did not resent (lie statement. But however that may be he got te know thifl girl when she was but 21, and at 23 he began immoral relations with her. Ami we also know from the correspondence, which un- fortunately it was our duty to read, that the intercourse has been of the most ofTenoe and gross description, and that they have not hesitated to recall the grossest <>r the acts which took place. I don't know. It is for you bo lay whether Prom that you would infer that a man was likely or not likely to sink :il getting lid of the embodiment of sliamo to the girl. That is nil we can say about that matter. Now, thero is no doubt the girl is dead,
    digitised image 1
    digitised image 2
    digitised image 3