R v Charlotte Smith
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1865 |
| Date | 01 January 1865 |
| Court | Crown Court |
English Reports Citation: 169 E.R. 1533
Crown Cases
1865 regina v. charlotte smith (A mistress is not criminally responsible for the death of her servant, caused by neglecting to supply her with proper food and clothing, unless the servant is helpless and unable to take care of herself, or so under the dominion and restraint of her mistress as to be unable to withdraw herself from her control It is no objection to the admissibihty of a dying declaration that it was made in 1534 REGINA V. CHARI^^E SMITH ML * GA. 808. answer to leading questions A mere sci^F a of evidence not sufficient to justify a verdict ought not to be left to the jur1 [S C. 6 New Kep 168 ; 34 L J M C 153 2 L T 608 ; 29 J P 532 ; 11 Jur N S 695; 13 W R 816, 10 Cox C C 82 Referred to, 7? v Chattuumy, 1922, 17 Or App Rep 7] The following case was stated by Montague Smith J The prisoner was tried before me, at the Spring Assizes, 1865, at Norwich, for feloniously killing and slaying Martha Turner The prisoner kept a lodging house at Great Yarmouth , and the deceased was her domestic servant [608] The case on the part of the prosecution was opened by the statement that the deceased died in consequence of the insufficient food and unwholesome lodging provided for her by the prisoner, or of the combined effect of these things and of a course of ill-treatment of the deceased by the prisoner in beating and otherwise ill-usmg her. It was also opened that the deceased was a person of weak mind, and had been brought by the acts and threats of the prisoner under her dominion and control. It appeared in evidence that the deceased, Martha Turner, entered the prisoner's service in September, 1863, remained in it until on or about the 21st of February, 1865, and died on the 27th of the same month The deceased was the daughter of a widow too poor to maintain her She had already been in domestic service, but had for some time prior to her entering the prisoner's service been an inmate of the workhouse of the Blofield Union, and had left it to go to the prisoner's In September, 1863, when she entered the prisoner's service, she was twenty-three years old She was then described to be " a big, strong girl " She was described by some of the witnesses as a person of weak mind ; by others as of very weak mind. She appeared from the evidence to be of a low order of intellect There was evidence that the deceased was subject to great privations and ill-treatment by the prisoner; she was insufficiently fed and badly lodged, she was beaten and otherwise ill-used The prisoner also used threats of various kinds to intimidate her She became thin, weak and il] in the prisoner's service, and towards the end of the service very thin, weak and ill, and, according to the medical witness, she died from disease of the lungs produced by want of [609] nourishment, to which damp and unwholesome lodging at night might have conduced It became a question on the evidence whether, towards the end of the service, the deceased was reduced to and was in such a state of body and mind as to be helpless and unable to take care of herself, and was under the dominion and restraint of her mistress, and unable to withdraw herself from her control I held there was evidence to go to the jury on these points When the deceased first went into the prisoner's service, the prisoner was living in Brandon Terrace At Michaelmas, 1864, she removed to a house in Marine Terrace. There were usually lodgers and their servants in the prisoner's house , and the deceased occasionally went out of doors on errands and on other occasions. The evidence of the witnesses relating to the conduct of the prisoner to the deceased extends from the summer of 1864 to February, 1865 The prisoner's counsel having objected that there was no evidence to go to the jury to sustain the indictment, and the case being peculiar in its circumstances, I have thought it right to annex a copy of the evidence as it was given (see post, p 611). The evidence of the first two witnesses relates to the dying declarations of tie deceased. The prisoner's counsel objected to the admissibihty of the evidence of these dying statements of the deceased, proved by Mr Jary, on account of the manner in which they were taken I received the evidence, and stated that the manner of taking the statements of the deceased by Mr Jary might properly be considered by the jury in estimating the effect of the evidence The prisoner's counsel further objected that, having [610] regard to the relation of mistress and servant which existed between the prisoner and the deceased, there was no evidence to go to the jury to support the indictment, that there was no evidence that the deceased was helpless from bodily sickness or weakness, or that she was under the physical restraint of the prisoner ; and he contended that, if the deceased were under moral restraint or the fear of her mistress only, the prisoner would not be criminally responsible for the consequences of the neglect imputed to her. LB. ft OA. 8U. REGINA V. CHARLOTTE SMITH 1535 I drew the attention of the jury to the distinction between the cases of children, apprentices of tender years, and lunatics under the care of persons bound to provide for their wants, and the case of a mistress and a servant of full age able to take care of herself and to withdraw herself from the service of her mistress , and I told them that in the latter case the mistress, although bound by contract to provide food and lodging for the servant, would not be criminally responsible on this indictment for the consequences of the mere breach of the obligation to supply proper food and lodging ; and I left the case to the jury with the direction, m substance, that, if they were satisfied upon the evidence that the prisoner had culpably neglected to supply proper and sufficient food and lodging to the deceased as her servant during a time when the deceased, being in the prisoner's service, was reduced to and in such an enfeebled state of body and mind as to be helpless and unable to take care of herself, or was undei the dominion and restraint of the prisoner and unable to withdraw herself from her control, and that her death was caused or accelerated by such neglect, the prisoner would be criminally responsible, and they might find her Guilty , but, if they were not so satisfied, to acquit the prisoner And I told the ]iiry that, after the medical evidence, the [611] acts of violence proved could not be considered as having caused the death. No objection was made by the learned counsel for the prisoner to my direction ; but I was asked by him, after the verdict, to reserve for the opinion of the Court the objections above mentioned. I beg leave to ask the opinion of the Court of Criminal Appeal on the following questions *- 1. Whether the evidence of Mr. Jary of the dying statements of the deceased was admissible 1 2. Whether, with the evidence of the dying statements, if admissible, or without it, if inadmissible, there was evidence to support the indictment which ought properly to have been left by me to the jury 1 The jury returned a verdict of Guilty ; and I passed judgment on the prisoner, but lespited the execution of it, and detained the prisoner in custody. The following is a copy of the learned Judge's notes of the evidence. Richard Hipp, governor of Blofield Workhouse.] Friday, 24th February, 4 p.m., I received Martha Turner.-Coyne, overseer, brought her.-She was taken to the sick ward.-She had previously been an inmate ; she left workhouse 2 or 3 years ago. -She was then strong and robust; she was 5 feet 5 inches in height.-I believe she was weak-minded ; she looked vacant then.-She was so bad when I received her, on 24th February, that I sent at once for Mr. Kidd, the medical officer -The under part of the right wrist was bruised ; there were several weals across the under part.- They appeared to have been done some time.-The left hand was swollen to twice the usual size , and two of the fingers were quite black.-A few hours after she came in. she made a statement to me.-I took it down in writing.-The following day I communicated it to Mr. Jary, the chairman.-Mr. Jary went to the workhouse.- I hekrd Mr. Jary read over the statement I had written.-Mr. Jary asked the girl if she knew what state she was in.-She said she knew she was dying.-She appeared to understand the statement.-An alteration was made at Martha Turner's instance. -I believe she thought she was dying.-She died Monday, 27th, at 4 p.m. Cross-examined.] She made the statement to me at 8 o'clock.-I wrote it down between two and three hours after she made it.-The statement was read over to her on Saturday night between 8 and 9.-She was gradually sinking from the time she came in.-The statement [612] was all read to her.-Something was added in consequence of a question put to her.-Usual in Union to return persons of weak intellect.-This girl was not returned as of weak intellect.-She was not bad enough for that.-She did not mention she thought she was dying until she said so to Mr. Jary.-The mother was living in workhouse.-She came in about a few months back. -I cannot say whether the girl was in the house up to the time she went to serrice. He-examined.] The mother has been for some time in the house off and on.- Only one question asked by Mr. Jary before he quite read it through.-I wrote the statement in the sick-room from what she told me, and put questions to her as^I wrote.-I read it over the same night.-She made no observation.-After Mr. Jary read it, she made no observation , but she did make an observation, when he had 1536 REGINA V. CHARLOTTE SMITH LE. ft GA, 81*. read about half-way, in answer to a question of Mr. Jarv -What she aid was entered. -An interlineation was made William Jary, Chairman of the Board of Guardians ] Saturday. 25th, I saw Martha Turner -A statement was put into my hands -1 first spoke to her to see if...
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