Mrs Jane Smith was aged 35 when she was taken into custody on Tuesday 24 October, charged with wilfully murdering the newly born female child of her daughter Sarah Annie on 1 September 1893. The child had been illegitimate and its body had been recovered from the canal by a collier’s dog on Monday 23 October. An inquest was held on the remains on Wednesday 25 October by Coroner Mr D Wightman. The jury was empanelled and after viewing the remains of the child, they returned back to the inquest room. Police Sergeant Lyttle told the coroner that it was known that the child had been illegitimate and that its mother was a resident of Swinton.
The body had been found two days earlier by a collier called George Reader who had been walking with his dog at the side of the canal. He had been throwing stones into the water for the dog, when it brought out a parcel wrapped in rags. Reader opened the parcel and to his horror found the de-composing body of a child. It was immediately handed over to Police Constable Shuttleworth, who in turn handed the remains over to Swinton surgeon Mr W Craik, in order for him to complete a post mortem. The surgeon told the inquest that he had done so and estimated that the body had been in the water for more than a month.
Needless to say, the decomposition was in such an advanced state, that he had been unable to pinpoint the cause of death. However, he gave his opinion that the child had led a separate existence from the mother [it had taken a breath independently after birth] but had not lived for more than 24 hours. Major Hammond, the superintendent of police asked for a remand for the prisoner to the following Monday. Mr Wightman asked him what was known about the child and Police Sergeant Lyttle told him that the child was suspected of being the illegitimate child of a woman at Swinton.
He then stated that an unnamed witness, who he intended to call, had gone to the house as requested by Jane Smith. He had seen the dead body of the child on the bedroom floor and had been asked to dispose of the remains, but had refused. She told him that the child had just cried once before she drowned it in a bucket of cold water. A short time afterwards, the officer related that this same person saw the prisoner Smith walking through Swinton with a covered basket. She indicated the basket saying that she was going to ‘throw it in the canal.’ At that time police enquiries were still continuing so the jury returned an ‘open’ verdict in order that further enquiries could continue to be made.
The child’s grandmother Jane Smith had been arrested on 24 October, so needless to say the courtroom was crowded to excess when she was brought before the magistrates at the West Riding Police Court on Friday 27 October 1893. She was charged with the wilful murder of a newly born illegitimate female child of her daughters on 1 September. Police Sergeant Lyttle described how he had made enquiries at Swinton and quickly established a rumour that a local woman had recently given birth. Major Hammond said that when charged, Jane Smith’s response had been that she ‘did nothing of the sort’.
On Monday 30 October the prisoner was brought before the magistrates again. Prosecution Mr Hickmott outlined the case and said that ‘on or about the 1 September last, Jane Smith did feloniously did kill and murder a certain illegitimate child of Sarah Annie Smith, her daughter.’ The first witness was a man called George Townsend, a miner of Swinton who said that he knew both the prisoner and her husband. He said that he had met Jane in Swinton on 1 September and she asked him to undertake a little job for her. The prisoner had then took him up to the bedroom of the cottage and showed him the child’s body, which was lying on the floor. Jane had asked him to get rid of it, but he witness told the court that he ‘wanted nothing to do with it.’
The court was silent as he spoke his next words. He said that Jane had told him that the child was her daughter’s and when it was born, she had drowned it. When the witness said this, Jane Smith interrupted and said ‘do you say I took you upstairs’ when Townsend answered in the affirmative, she told him ‘you are a false man. You never were in our house that day.’ The prisoner was about to ask more questions of the witness, when acting on the advise of the magistrates she desisted.
Continuing with his evidence, Townsend said that he later saw her later carrying the basket in Bridge Street, Swinton and that’s when she told him that she intended throwing ‘it’ into the canal.
She later told him that she had done so by placing the infant into a pillowcase and weighted it down with stones. Jane also described how it had sunk to the bottom near the Midland railway bridge.
Townsend was then asked why he had not reported the conversation to the police, but the man simply prevaricated and did not answer. The magistrate Mr Wright told him if he had reported it at the time, medical evidence could have shown exactly how the baby had died. Because the body was not recovered for another few weeks, that vital evidence had been destroyed. The case was then adjourned.
At the next case hearing Townsend again repeated his former evidence, but added that after the coroners inquest when the open verdict was given, he had bumped into the prisoner again at Swinton. She threatened him ‘I hope you have not split on me’ warning him that he must keep his mouth shut. Since then he had seen her several times and each time she had warned him again. After hearing this witnesses evidence, the case was adjourned yet again for another fortnight. When the court reconvened on Monday 14 November, Mr Hickmott stated that he had sent the details of the case to the Treasury [the forerunners of the Crown Prosecution Service.] They had instructed him to place the case in front of the magistrates in order to send the prisoner for trial at the Assizes.
Witness, George Townend once again gave the same evidence as he had previously. When describing seeing the ‘dead bairn’ on the floor of the bedroom, Mr Hickmott asked him if Sarah Annie had told him who the father was. He said that she had told him it was a man called Harry Deighton. The prosecution then asked him if anyone else knew about the birth of the child and he said that Jane had said that only herself, her daughter and the witness knew about it. At this Jane had again called him a liar and said that when she met him carrying the basket, she only had her husbands supper in it. At this Townend challenged her ‘you said when you came out of the yard that you were going to make away with it, meaning the baby.
Again the prisoner accused him of ‘being a false man.’ William Henry Taylor, a grocer and beer seller of Bridge Street, Swinton was the next to give evidence. He stated that Townsend had been helping him remove barrels of beer into the cellar around 2.30 pm on 1 September. Whilst the men were working, he saw the prisoner and she shouted out to Townsend and he went over to her. They exchanged some words, which he could not hear, before he went back and carried on working. Later the same day he saw him speak to the prisoner again. There was a rustle of interest in the court room when the next witnesses’ name was called out, it was the putative father Harry Deighton himself.
He told the court that he lived at William Street, Swinton and admitted that he had been keeping company with Sarah Annie Smith. However he had ceased doing so the previous July. Shortly after that she told him she was pregnant, but she would not say if he was the father or not. He had met her several times since then and she had been most abusive to him and told him he ‘ought to drown himself.’ However he could not confirm that the child was his. A midwife also called Sarah Smith admitted that she had attended the girl at the birth. PC Shuttleworth confirmed receiving the body of the child from Reader on 23 October and he said that he had handed it to Mr W Craik surgeon.
On 26 October he apprehended the prisoner on a warrant. He said that when charged with murdering the child, Jane had replied that she ‘did nothing of the sort’. The prisoner was then asked if she had anything to say but just replied ‘Townsend is a false man’. She was then formally charged and sent to take her trial at the next Assizes. Jane Smith was brought before the Yorkshire Autumn Assizes on Thursday 7 December 1893 in front of the judge Mr Justice Vaughan Williams. The prosecution opened the proceedings by outlining the case for the Grand Jury. The same witnesses gave evidence, but the prisoners defence Mr T Wright challenged George Townsend’s story.
Under cross examination the witness admitted that he had been ‘thick’ [intimate] with the prisoner and that there had been grounds for her husbands jealousy of him. He added that plenty of people in Swinton were well aware of the relationship and admitted that Mr Smith had threatened him and had even attacked him for it. Mr Wright asked the judge if he felt that there was a case to answer and pointed out that for the case to be murder it was necessary to prove that the child had a separate existence from the mother. He said that in this case, because of decomposition such evidence was missing.
In his summing up of the case, Mr Justice Vaughan Williams agreed. Consequently, the jury were only away a short while before they returned a verdict that the prisoner was not guilty of murder. However they found her guilty of the minor charge of concealment of birth. The judge then dismissed Jane Smith, leaving the sentencing to the following day. Accordingly on Friday 8 December 1892 the prisoner was brought before Mr Justice Williams once more. He told her:
‘Jane Smith, the jury found you guilty of the minor charge of concealment of birth. Whether you actually took part in the disposition of the body or not, I do not know, but it is quite clear that you were a party to it.’
He then sentenced her to six months imprisonment with hard labour.