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REPORTED PRINCIPALLY BY
EDWARD WISE, Esq. AND COLLEY HARMAN SCOTLAND, Esq.
FORMING PART III. OF
THE LAW JOURNAL REPORTS.
Printed by James Holmes, 4, Took's Court, Chancery Lane.
REPORTS OF CASES
THE DUTIES AND OFFICE OF MAGISTRATES :
MICHAELMAS TERM, 12 VICTORIÆ.
[CROWN CASE RESERVED.) - Lincoln, against the prisoner, a girl of the 1848. Nov. 11. THE QUEEN O. GARNER (1).
age of thirteen, for administering poison to
her mistress, Mary Smith, with intent to Evidence Confession — Inducement
murder her. It was proved that the priStriking out Evidence at Trial.
soner had given her mistress, who was
bedridden, some milk, in which a quantity At the trial of a servant for attempting of fag-water had been mixed. Fag-water to poison her mistress, a medical man, having is a mixture of arsenic, soft soap, and denied that he had held out any inducement water, used for dressing sheep. But in to the prisoner to confess, gave evidence of a order to prove that the prisoner had put confession, without which the prisoner could the fag-water into the milk, that she knew not have been convicted. Evidence was then the nature of it, and intended to murder given that before she made her confession he her mistress, her own confession to Mr. had said to her in the presence of her mis- Gilby, a medical man who attended her, tress, “it will be better for you to tell the made in the presence of the prisoner's truth.” The medical man was recalled, but mistress and her husband, was offered in did not admit this, and the Judge left the evidence. Mr. Gilby, on being questioned, evidence, including the confession, to the jury; swore that he did not tell the prisoner that but reported that if the evidence had been it would be better or worse for her to tell; given in the first instance, he should have that he used no threats or promises, nor did excluded the confession : — Held, that the any one else; and it appeared that before confession ought to have been struck out, and Mr. Gilby's arrival the prisoner had not that the conviction was wrong.
made any confession, nor had any threats Per Erle, J.-Whether an exhortation to or promises been held out to her. Pattell the truth, is a mere exhortation or an teson, J. admitted Mr. Gilby's statement, inducement to confess, is a question for the which was
as follows:-I asked her if Judge at the trial.
she had given the woman anything in her
milk; she said she had mixed fag-water an indictment, tried before with the milk; she had put in half a teaPatteson, J., at the Summer Assizes for cup full. I asked her if she was aware
of the nature of it; she said she knew it (1) This case was reserved prior to the 11 & 12 Vict. c. 78, but was heard by the following Judges,
was poison; she thought it would kill the who sat as the court, under that act: Pollock, C.B.,
woman; that she had done it to be released Patteson, J., Maule, J., Cresswell, J., and Erle, J. from her service. A woman of the name of NEW SERIES, XVIII.-Mag. Cas.