The Trials of Ann Norris.

From Push from the Bush, No 23, October 1986

Ann Norris was born at Child Okeford, in Dorset, on 13 April 1838. She was the daughter of Sampson and Sarah Norris . Her father was a sawyer; her mother, a gamekeeper's daughter, had been in service. Both parents were literate to the extent of reading but not writing. Ann arrived in New South Wales as a baby aboard the Royal George, her parents being bounty immigrants brought out by the Macarthur brothers of Camden Park. As we have already established, Sampson's three brothers, Henry, Isaac and William also emigrated to New South Wales with their families and settled in the Camden district. Sampson was first a labourer at Camden Park, earning 20 pound per annum but by 1851 he had become one of the Macarthurs' tenant farmers. Ann and her brother Henry went to the estate school at Camden Park, where she learnt (at least) to sign her own name. In 1854, her father's farm consisted of 60 acres near Camden village. It was a relatively poor one, the rent being apparently only 15 pound per annum. In April 1855, Ann Norris was tried with her mother in Sydney. At that time, Ann would have been nearly seventeen.

The first of the following documents deals with the preliminary investigation into Ann's crime. It is to be found among the copies of out-letters for the Camden Court of Petty Sessions, 1852-55 (NSW Archives Office 4/5530). Marginal notes are shown here in bold type. The second deals with her trial before the Central Criminal Court in Sydney. It comes from the Empire, 4 April 1855.

We leave it to the gentle reader to decide, from the multitude of clues below, what was Ann Norris's crime. With whom had she made her bargain? And should Dr. Richards have been charged with perjury?

Inquest on body of an infant child of Ann Norris

To J.M. Antill Esq J.P.
Coroner

Feby. 24/55

Sir

We do ourselves the honor to acknowledge the receipt of your letter 15th instt. accompanied by the deposition taken before you as Coroner in the case named in the margin.

The matter is one which appears to the Bench to demand the most searching investigation.

A warrant has accordingly been issued for the apprehension of Ann Norris and her Mother on suspicion of child murder and concealment of the birth of an infant.

This is the course irrespective of the proceedings of the Coroner's Jury which however with your permission we will retain until you may require them as they may be of service in the course of the investigation.

We have &c

Your ob

sgd.

J. McArthur, J.P.

Geo. McLeay, J.P. Queen v. Ann Norris & Sarah Norris [To the Attorney-General, Sydney]

Police Office Camden

12th March 1[8]55

Sir

I do myself the honor to transmit herewith the proceedings taken at the Police Office Camden, in the case of Ann Norris charged with concealing the birth of a child & of Sarah Norris charged with counselling aiding and abetting therein.

This case has caused much excitement in the neighbourhood and has already been under investigation of a Coroners Jury, which sat on the 12th Feby. previously to being brought before the Magistrates.

The general impression is that the child was born alive, and that its death was occasioned by the neglect (if not worse) of the mother & grandmother the latter being looked upon as by far the most guilty.

The Magistrates thought the evidence insufficient to ground a commital upon for any graver crime than the concealment of the birth of the child.

They consider that the conduct of Sarah Norris throughout has been marked by the most culpable inhumanity.

Although cautioned by Dr Richards she took no steps to obtain the necessary assistance for her daughter & from the evidence of Mary & Ellen Norris both called for \ithe \idefence it appears that although in the hut she did not go to her daughter till after the birth of the child.

This was stated in evidence by Sarah Norris at the Coroners inquest.

Two married women, both near connexions of her own, Mrs Sharpe (who is in the habit of acting as a midwife & has always attended Sarah Norris), and Mary Norris live close by, but the pregnacy [sic] of Ann Norris was not mentioned to either till after her confinement. To Mrs Sharpe Sarah Norris said that her daughter had had the dysentry, in order to conceal the fact of her having been confined. She also denied to the Revd. Mr Rogers that her daughter was pregnant. There was no sufficient (if any) preparation made of clothes for the expected infant, the clothes produced being worn out.

The statement as to Ann Norris having been thrown down by a calf, thus causing the death of the child some weeks before its birth was not spoken of till after the birth - nor was there any indication of such an accident Ann Norris going about as usual after the time when it is said to have taken place.

The object of the Grandmother Sarah Norris seems to have been to get the child out of the way, and to marry her daughter to Smith.

In the first part of the investigation I had the assistance of Mr McLeay and on the last day, Mr Antill the Coroner was with me though not acting officially.

We concur in opinion that it is one of those cases which ought to be thoroughly sifted & exposed in order to deter other women from acting in the same manner, & because we can have no doubt as to the moral guilt of the accused especially of Sarah Norris whatever views may be entertained us to the sufficiency of the evidence to obtain a conviction.

I have &c

(sigd) J. McArthur J.P.

P.S. The long interval between the birth (& interment of the child) and the Inquest was fatal to the discovery of the truth by surgical testimony and it is very unfortunate that the Chief Constable did not at once report the information he had received of the grounds of his suspicion to the Magistrates.

J.M.

2d. P.S. On further enquiry I find that the Chief Constable communicated to the Coroner the rumours as to the birth &c on the 9 Feby which was as soon [as] they became known to him.

J.M.

Depositions Queen V. Sarah Norris, Ann Norris

Police Office Camden

Saty. Feby. 24th 1855

N.S.Wales

to wit

Before Jas. McArthur Esq. J.P. & George McLeay Esq. J.P.

Information

James Gibson, Chief Constable of Campbelltown, Camden & Narellan and Picton being duly sworn states on oath as follows.

I heard a report about the beginning of this month that Ann Norris the daughter of a farmer living in this neighbourhood had been confined of a child which was supposed to have been made away with.

I reported it to the Coroner who desired that I should make enquiries.

I sent Constables Davidson & Reilly to Norris's place.

They reported to me that the father and mother of Ann Norris denied that she had been confined.

The father and mother afterwards came to my house and admitted that their daughter had had a child. On 12 Feby. See addl evidence of J. Gibson.

I reported it to the Coroner who came to Camden and made an investigation.

Ann Norris is not married.

The general opinion in the district is that the child was born alive and was afterwards made away with.

I consider the matter is so suspicious as to warrant a most searching investigation. Sworn &c Camden Feby 24/55

(sd.)

J. Gibson J. McArthur JP Geo. McLeay JP J. Gibson recalled March 1.

It was on Monday the 12 Feby. that Norris & his wife came to me (between 9 & 10 oClock in the forenoon) the same day that the Constables had been to their house to make the enquiry. Sworn &c

J. Gibson sigd. J.McArthur JP Ann Norris, charged that she on or about the 1 Feby. 1855 did at Camden, unlawfully conceal the birth of a child of which she had been delivered, and Sarah Norris that she did unlawfully counsel, aid & abet in the said concealment.

Caroline Sharpe sworn states

I know the 2 prisoners Ann Norris & Sarah Norris I live a short distance from them opposite, about 500 yards off.

I practice [sic] as a midwife. I am frequently called upon such cases.

I have attended Mrs S. Norris in all her confinements since she came to this country.

Ann Norris was some time ago in Dr Bransbys service and afterwards with Mr Harrington of Camden.

I noticed her appearance was rather stout about 7 weeks since, I thought she was in the family way. She looked big.

I had some conversation with Mrs Bransby about the supposed state of Ann Norris as to her being in the family way.

I was at Dr Bransby's about my daughter Caroline, who was sick at the time.

This was about 3 or 4 months ago. I had not any suspicion at that time, I believe Mrs Bransby spoke to me first about it. At the time I noticed her (A.N.) stout I did not speak to her about it nor to her mother, nor did they speak to me about it. Note. Ann Norris had been in Dr B's service

About the beginning of the month (Feby) I was at Norris place [sic]. I noticed a great change in the appearance of Ann Norris she was not so large as before, and appeared delicate like a woman who had been confined.

I never spoke first or last to Mrs Norris any thing about the matter.

Mrs Norris came up to my place the day before that. I asked her about her daughters health. She said she was better & that she had had the dysentry. Nothing was said about a child having been born.

On the day when I went to Sampson Norris, I saw Ann Norris sitting on the sofa at work. I did not say anything about the change in her appearance.

I am quite positive I never had any conversation in any way or with any of the Norris [sic] about Ann Norris having been confined.

Ann Norris did not I think, say anything about her having been ill.

When I went to Norris I thought Ann Norris had (from her appearance) been confined but I did not think it was my business to say anything to them about it.

In answer to Ann Norris: I thought you looked very large when I first observed you but I don't know how long you had to go then. I could not judge unless you had spoken to me about it.

To Mrs. Norris: Women can be delivered without the aid of a doctor or midwife it was the case with myself once. I got up the infant in flannell - my husband was gone for the doctor at the time.

I think such could not be done by an inexperienced young girl. Sworn at Camden before us Feby 24/55

Caroline X Sharpe

her mark

Geo. McLeay JP

J. McArthur JP Willm. N. Richards surgeon sworn & states

I know Ann Norris now before the Court.

She was brought some months since by her mother, to consult me professionally.

She consulted me about the stoppage of the \icatamenia. I did not at that time, suspect that she was in the family way. I was not consulted about it.

I aferwards met her mother. She consulted me about her daughter stating that she had suspicions that her daughter might be in the family way. I said she ought to know it, if anything, better than I did & if it was the case she ought to be careful that she should not take any thing that might bring on a miscarriage. I heard it rumoured before about her being in the family way.

I did not particularly examine Ann Norris as to her pulse, or otherwise, I scarcely remember - that is - when her mother brought her.

I do not remember having been consulted about Ann Norris for the dysentry or for any other complaint latterly. In answer to Sarah Norris: I dont know if it was on the 7th July without referring to my books.

I had no suspicions at that time - I thought She was in the family way the second time I saw you, I think you did ask me about the old midwife. I think I said she ought to know, and you too and that your daughter ought to tell you if she was in the family way.

I dont recollect your meaning any particular person as a midwife. Sworn &c Camden Feby 24/55

W.N. Richards J. McArthur JP Geo. McLeay JP

John Davidson ordy. Const. &c sworn states

I am a Constable in the Camden Police. I was sent by the Chief Constable on the 12 instt. (Feby) to make enquiry about the reported birth of a child of Ann Norris, now before the Court.

I called Sampson Norris and his wife and Ann Norris. I sent the children away. I then asked Ann Norris, Mrs Norris & Sampson Norris about it - I shut the door and believe that no one could hear me besides them. They all denied that Ann Norris had had a child, they said they must thank their neighbours for that.

I went a second time, by the Coroner's orders on the 14th Feby. I asked them if Ann Norris had had a child, they said she had.

Isaac Norris, her uncle, went and found it at a Peach tree buried 1 foot under the surface, there were 2 slabs and the tail board of a cart over it there was no mound the child was in the box, there was an old rag around it.

The place was pointed out by Mrs Norris - On the latter part of the 12th Feby. I met Norris in Camden he said he had been to the Chief Constable he said the reason why they had not told me was that there were too many people about.

He said it had not come to its full time. I don't think that he said that he had seen it - He did not say if it had been born dead or not he did not offer to shew me the place & I did not ask him.

On my second visit I asked him whether they had made any preparation for the confinement - they shewed me a few things which I produce they consist of a frock (childs) wrapper, 2 pieces of Calico (caps) piece of newwrought muslin.

I know Ann Norris well, by sight. I saw her on the 26th Jany. last. She seemed to me to be very big in the family way. I have seen her from time to time a good deal until lately.

She looked very near her confinement on the 26 Jany.

William Norris's wife told me, some months ago, that she heard Ann Norris was in the family way.

I asked them if these were all the things they prepared for the confinement. they said they were.

Sampson Norris's house is of Bark and contains 3 rooms the centre of one of which is used for a Kitchen. I think they are divided by bark. I dont know which room Ann Norris used I dont think that a woman could be confined in one room without the others in the other rooms knowing it. On my first visit I was careful to exclude any one from hearing what the conversation was about & I am convinced no person could have heard me, but the parties I addressed.

Mrs Norris said to me "Do you think if my daughter had a young one that I would make away with it. Sworn before us at Camden Feby 24/55

(sgd.)

J. Davidson (sgd) J. McArthur JP

Geo. McLeay JP

Memo

End of the first days enquiry

Examination resumed Feby 26 1855 Before Jas. McArthur & Geo. McLeay Esqrs. J.P.'s

Dr W.N. Richards examined (surgeon)

I have seen the remains of a child which I was requested by the Bench to examine.

They are the remains of a full grown human infant but not complete.

The Sphenoid, the etnoid, the 2 temporal, and all the bones of the face are missing. The frontal and 2 parietal and the occipital bones are here. On the right portion of the frontal bone I consider there is a fracture.

The stronger edge of the \ifrontal bone is fractured and there is a peice [sic] deficient on the right side of the orbit. I cannot say at what time the fracture may have occurred before decomposition.

The bones of a child of that age are soft and easily fractured and any undue pressure, or a fall would cause such. It might have been caused by a blow with a blunt instrument.

A considerable number of the other bones are absent. No others of those produced show any signs of injury. When I received the remains they were far advanced in decomposition. The fracture would not (probably) be sufficient to cause death instantaneously unless made by a sharp instrument penetrating the brain. Such a fracture might have occurred in covering over the body in the ground.

The bones are extremely thin there, and more liable than any other except that on the opposite side. I consider that the remains are those of a child which had come to its full time. I don't know of any instances of a woman being delivered of a dead child without assistance, which had reached its full time. That would not apply to a live child. Women are frequently delivered without assistance.

If the mother, from inability to attend to it, or insensibility were to neglect a child for a time just after its birth, or if the umbilical cord were not tied the child might die. I know Norris's cottage. I dont think it would be possible for a woman, especially a young woman, with her first child to be be delivered in such a house without the knowledge of others there. It would be still more improbable in the case of a dead child. Severe pain would cause her to cry out. Sworn &c Camden Feby 26/55

(sgd)

W.N. Richards Sigd J. McArthur JP

Geo. McLeay JP Recalled

The first time that I was consulted my attention was not directed to anything which would lead me to suppose Ann Norris was in the family way. On reference to my books I find that this consultation was on the 26 July/54.

W.N.R.

John Harrison sworn. Bones produced. I am a Constable in the Camden Police. I am watch house keeper. I received the bones produced, last Saturday, from the hands of Constable Davidson, these are the same bones. I handed them over to the Medical gentleman this morning. Sworn &c Camden Feby 26/55

(sgd)

J. Harrison J. McArthur JP Geo. McLeay JP

George Bransby sworn (Surgeon)

I was examined some days ago before the Coroner, about the remains of a child. I examined those remains then and twice since. I noticed the skull, it is not fractured - The skull is perfect, excepting an orifice. That is not a fracture it is only imperfectly formed - that part would have filled up within a short period.

I don't see the Sphenoid or the Ethnoid bones among these. all the bones of the remains are not produced here, they may be among the mass of decomposed muscular portions of the body. When I first saw the remains they were a mass of corruption, like putty, the bones of the skeleton were disunited all jumbled together.

The part which looks like a fracture is only a natural opening which would close in the course of nature. There are no symptoms of Depression in the neighbourhood of the opening.

There is nothing in their appearance to denote that any violence had been used. I am certain of the child having been full grown. I dont believe that a young woman could have been delivered of her first child in Norris's house without the inmates knowing it. It is absolutely impossible.

I know Norris's house, I have been in it. If the child had been dead she would have required assistance, probably of the forceps. In the case of a live child, nature would expel the child, but not so with a dead child. On the 19th June I was consulted by Ann Norris for cessation of the \icatamenia. Personally I concluded that she was in the family way.

She made no admission of it nor did I tell her. I thought she was two months gone. She came by herself. she did not consult me again nor did she make any allusion to her state.

I did not deliver Mrs. Wicks of a dead child. Sworn &c Camden Feby 26/55

G. Bransby MRCSL (sgd) J. McArthur JP

Geo. McLeay JP

John Davidson sworn.

I am a constable in the Camden Police. I executed a Warrant of the Bench to bring some bones of an infant here last Saturday. I got them about a quarter of a mile from here in "\iCurry's paddock. Sampson Norris shewed me the place and dug them up, they were in a box.

Constable Harrison recd. them from me. Sworn &c Camden Feby 26/55 J. McArthur JP Geo. McLeay JP

W.S Mitchell of Camden Village sworn states

I was foreman of a Coroners Jury which sat at an inquest on the remains of a child. My attention was particularly directed to an orifice in the skullbone. The edges were not open so wide there as they are now, otherwise it is in the same state. Sworn &c Camden Feby 26/55

W.S. Mitchell (sd) J. McArthur JP

Geo. McLeay JP

William Smith, being sworn &c.

I am a farmer. I live near Camden.

I know the parties now before the Court, Ann Norris & Sarah Norris.

I have never had any conversation with the father or mother of Ann Norris about her being in the family way. I dont recollect Sampson Norris asking me about Ann being in the family way.

Sampson Norris did tell me to go and thrash Wheat to thrash the price of marriage he did not say Ann was in the family way.

Sampson Norris asked me about marrying his daughter about a fortnight ago. I cannot be positive whether it was before or after the inquest. Sworn &c Feby 26/55

Wm. X Smith J. McArthur JP Geo. McLeay JP (3d day) (Examination resumed) Before James McArthur Esq J.P. (March 1, 1855)

The Rev. E. Rogers sworn states

I know the parties now before the court. I know where they live on the South road near Camden.

I had noticed the appearance of Ann Norris within the last 3 months particularly in Church about Christmas. She appeared to be near her confinement.

I mentioned it to her mother. I met her mother near her residence and expressed my regret at seeing her daughter (Ann) in Church in that state which I have described.

She replied by expressing a hope that my suspicion was groundless and that she believed the mode of her dress gave her that appearance. I did not say anything to Ann Norris until after the birth and after the inquest. Sworn before me at Camden March 1/55

(sd)

Edwd. Rogers J. McArthur JP (Statement of accused) (cautioned as usual) Ann Norris says

The child was still born Sarah Norris says

The child was still born. "For the Defence"

Mary Norris wife of Isaac Norris farmer, of Camden, sworn.

I am related to Ann Norris and Sarah Norris now before the Court.

To Ann Norris: You told me that you were confined, you told me it was a still born child. You told me as soon as I came into your fathers house. You told me as soon as you called your mother she came to you.

You told me that you had told your mother that you were confined of a dead child. You told me that your mother said when she came into the room - "The \iLord have mercy upon us what shall I do. You told me that a fall had occasioned the death of the child. You said you had been thrown down by a calf.

You told me you had told [sic] had not felt the child for a month after the fall. You told me it was a girl. You said you wished it had been alive.

To Sarah Norris: You told me that you [sic] daughter Ann had had a child. You told me it was a girl. You told me the cause of death was her having had a fall by a calf about a month before her confinement. You told me that you had sent up on the day of her confinement to fetch me down but that before the child got to the house you had seen me going away with a dray and you did not like to stop me.

To Bench: I had the conversation with Ann Norris a few days after her confinement - she was up.

As far as I can remember, she was confined about the 1st Feby. I asked her what she had done with it, about burrying [sic] it. She said it was buried in the garden about the Peach trees.

The mother was not present at the time. Sarah Norris spoke to me a good bit ago about her daughter Ann. She said she had spoken to Dr Richards about her & said she could not afford to pay a Doctor if he could not do her any good - and that Dr Richards had told her to put her feet in warm water and to take plenty of hot grog and she would be soon all right again.

That was the only time she ever spoke to me about it before her confinement.

Ann Norris never said anything to me about it.

I supposed she was in the family way by her appearance.

I told my husband afterwards about what Mrs Norris had said to me about Ann having been confined - this was the day after.

I dont recollect anything being said about the State in which the child was born. Nothing more than that [it] was still born and that it had hair on.

Sarah Norris told me that Mr Rogers had spoken to her about Ann being in the family way. I think she said Mr Rogers had asked if Ann was going to be married. She said she told him that she did not think Ann was was in the family way.

Mrs Norris did not make a secret of the birth of the child when she told me about it there were some children present, or we would have said more about it. she did not say anything of the burying of it except what she told me since.

I remember Mrs Norris and her husband going to the Chief Constable about the birth of the Child. It was on a Tuesday when Mrs Norris told me of Ann being confined, that would be about 30th Jany. Sarah Norris said Ann had lost her bargain, that it was a girl, that it was still-born.

I did not ask about the burying of it. I am Sarah Norris's sister in Law and Ann Norris's aunt.

I did not go in to see Ann when I was there. I have often heard Ann say she wished the child was alive. Sarah Norris said Ann was thinking of getting married to a man named Smith.

Nothing was said to me about concealing the birth of the child from any one. I have heard Ann Norris say, several times, that she wishes the child had been alive. We live close together.

I heard nothing about Ann having had a fall, until after her confinement. I often saw her about during the month before her confinement. She never complained of any illness about that time.

She seemed to be distressed about having lost her child. Sworn &c Camden March 1/55

sigd.

Mary Norris J. McArthur JP

Ellen Norris daughter of Isaac Norris and cousin of prisoner Ann Norris sworn &c.

To Ann Norris: You told me you were confined. You said it was a girl. You said you wished it had been alive. You told me on a Tuesday the next day after you [were] confined, about a fortnight before the inquest.

To Bench: She told me it was buried she did not say where.

She seemed distressed. I had heard what had happened and I went to see her. I heard it from her mother. No one was present when I had conversation with Ann. I was in the bedroom then, it was the next day after she was confined. She was sitting up. I was there about an hour. I was talking all the time.

I did not hear anything about her having had a fall before her confinement. She did not say what had killed the child.

I saw her during the month before her confinement. She did not look ill. She did not complain. Sworn &c Camden March 1/55

Ellen Norris J. McArthur JP Isaac Norris sworn states

I know Ann Norris and Sarah Norris. Ann is my brothers daughter. I recollect Ann Norris being very stout about 3 months ago. I thought she was in the family way. I saw her one day making some things like for a young one. I chaffed her about it. She replied Uncle you are always chaffing about something. I thought what she was making looked like some part of an infant dress. I did not speak to any one about it - nor did any one to me.

Neither her mother nor Ann spoke to me anything about it. I took the body up. Constable Davidson was with me. I dug the body up under a peach-tree. Sarah Norris told me where to go. She did not say anything more about it. I did not say anything to Ann until the day after the inquest. I said to her, You may as well tell me if the child was born alive. She replied Uncle You may believe me the Child was born dead. She did not say when it was born. Sworn &c Camden March 1/55

Isaac X Norris

Committal Ann Norris & Sarah Norris stand committed to take their trial at the Sydney Gaol delivery of 2d April next or at any other Court time and place as her Majesty's Attorney General may appoint. Bail allowed to each prisoner

Two sureties of &100 each. Sureties for Ann Norris:

Sampson Norris

£100

George Clout

£100

Recogniz of Bail S1.

Notices served to Bail S2. for Sarah Norris:

Sampson Norris

£100

Jonathon Wheeler

£100

Ann Norris and Sarah Norris were tried before Mr Justice Dickinson at the Central Criminal Court, Sydney, on 3 April 1855. The relevant Act was one of 1803 (43 Geo.3 c.58,s.3) which had replaced legislation of James I dealing with the murder and concealment of bastard children. The 1803 Act provided that the killing of any live-born child was in future to be dealt with as a common murder. But any woman who was delivered of a still-born child, "which, if born alive, would have been a bastard", and who, "by secret burying, or otherwise, [did] endeavour to conceal the birth thereof", should be liable to two years imprisonment. The following is a report of Ann's trial.

EMPIRE

4 April 1855

Ann Norris was indicted for having on the 1st February, 1855, at Camden, unlawfully concealed the birth of a child of which she was delivered; and Sarah Norris, was indicted for aiding and abetting the said Ann Norris in concealing the birth.

The Attorney-General conducted the prosecution; Mr Holroyd appeared for the defence.

The prisoners were mother and daughter.

The Attorney-General in opening the case to the jury, pointed out that, according to the new statute under which the offence was tried, the fact of a second party being aware of the birth of the child was not sufficient to do away with the charge of concealment, if it were found that this second party was an accessory in keeping the birth a secret from the public generally; he also stated that by the same statute, the fact of the child having been dead previous to birth, did not exempt from the punishment for concealment.

The first witness examined was Caroline Sharp, who deposed that she lived at Camden; knew the prisoner in the dock, near to whose residence she lived; attended Sarah Norris,as midwife, on several occasions; knew Ann Norris when she was in the service of Dr. Bransby; saw her last Christmas, at which time she had the appearance of being in the family-way; saw her subsequently, when she presented a delicate appearance; spoke to the mother as to Ann Norris' apparent ill health, when Mrs. Norris said that her daughter had been unwell with the dysentry.

Constable Davidson, of the Camden district police, deposed that in consequence of rumours which he had heard, he proceeded shortly after the day named in the indictment to the prisoner's dwelling, and asked if Ann Norris had had a child; both prisoners replied in the negative; subsequently the prisoners informed the chief constable that the birth had taken place, and the witness again went to the house; the prisoners on this occasion admitted to the fact, and in answer to witness's enquiry, said that the child was buried under the peach-tree in the garden; on going to see the spot indicated, he found the grave as described; it was covered with two slabs and the tail-board of a cart; witness dug into the grave, and found the body wrapped in an old rag; he conveyed it to the watch-house.

Mr. William Richards, surgeon, practising at Camden, deposed that on the 26th July last, the prisoner Ann Norris, accompanied by her mother, consulted him professionally; he prescribed for her complaint, but at the timw he did not suspect that she was in the family way; subsequently, however, he observed that she presented an enlarged appearance; was consulted by the mother as to whether he thought the girl was pregnant, when he replied that she and her daughter ought to know; saw Ann Norris again in February, at which time the enlargement had subsided; saw the remains of the child which had been exhumed; observed a fracture in the frontal bone; a good many of the bones were wanting; believed that the bones were separated by decomposition; was of the opinion that the fracture was caused by violence; possibly it might have been occasioned by a spade digging the ground, or it might have been caused by clumsy handling when being taken out of the ground.

In cross-examination by Mr. Holroyd, the witness said that he had no doubt but that the opening in the skull was a fracture, but he would not swear that it was not a natural opening, which, had the child lived, would have closed in a few days; believed that the skull was that of a child arrived at maturity, but would not swear to the fact; never knew an instance in which a dead child, arrived at a state of maturity, was brought forth without assistance.

Mr. Bransby, surgeon, deposed that he had assisted at the examination of the remains of the deceased child; was of opinion that they were those of a full-grown child; the prisoner, Ann Norris, was for a few months in the service of witness' family*; on the 18th June, she consulted witness in his professional capacity, not being at that time in his service; from that date witness had not the least doubt as to the fact of her being in the family way; had examined the skull of the deceased child several times, and was decidedly of the opinion that the aperture was not a fracture; was certain that it was a natural opening, which, had the child lived, would have closed in a month or two.

This closed the case for the prosecution.

Mr. Holroyd addressed the jury for the defence, pointing out that no evidence had been adduced to show that the child had ever breathed after birth, and if it appeared that the child was born dead, it was evident that the chief motives for the concealment were wanting. As to the denial to Constable Davidson of the fact that the girl had been confined, he said it was nothing but natural that the accused would decline to inform a man who showed no authority for asking such a question, of the fact that a birth had taken place; and he laid particular stress on the circumstance that immediately after Davidson's leaving the house, the accused had given information of the whole affair to the chief constable. The learned counsel next addressed himself to showing that Sarah Norris, the elder of the accused, was fully competent to act as a midwife, and that, therefore, there was no reason whatever why a third and strange party should be called in and made aware of the disgrace which, he did not deny, had fallen on his client Ann Norris. He also adverted [sic] to the fact that the mother had consulted Mr. Richards, with the view of ascertaining whether the young woman was in the family-way, from which, he contended, it was evident that there was no design on the part of the elder to conceal the birth. Mrs. Norris never had any intention of denying that the birth had taken place. When she denied the fact to Constable Davidson, the only occasion in which she evinced any desire to keep it a secret, she did so because she conceived he had no right to ask the question, and had acted rudely in coming to her house on such business, without having received instructions to do so. He contended that the fact of the child having been buried in the garden was no proof that there was any intention to conceal the birth from the public generally, but was merely intended to confine the knowledge of the girl's shame to as few people as possible, and cited a case to show that where the secret interment of a deceased child was so intended, the fact could not affect the accused.

For the defence Mr. Holroyd then called Dr. Nathan, who deposed that in two instances he had known children who had died in the womb, to be delivered without assistance; he was of the opinion that the aperture in the skull of the deceased infant was not a fracture; the bones produced appeared to be those of a mature child.

Dr. Rutter gave similar evidence.

Mary Norris, sister-in-law to the elder prisoner, deposed, that she became aware of the fact that Ann Norris had had a child the day after the birth took place; was informed of the fact by Sarah Norris, who said that the child was still-born; was aware for some time previously that Ann Norris was in the family-way; several other persons were also aware of the fact; before the girl was confined Sarah Norris told witness that the clergyman said he believed her daughter was in the family-way and added that she did not believe such was the case; did not enquire what became of the child; and did not know until the inquest was held; after the inquest Ann Norris said, in the course of conversation that she wished the child had lived.

The Attorney-General addressed the jury in reply: He was prepared to relieve the jury of the consideration as to whether the aperture in the skull was a fracture or not. That point was merely an item in the case, and was of little importance, seeing that the accused were not indicted for using violence towards the child. It was not necessary, he contended, as he had previously shown, that the child should have been born alive to establish the charge of concealing the birth. He pointed out that the only person present at the birth was the mother of the younger prisoner, who had never been accustomed to act as midwife, and laid stress on the fact that the child, although arrived at maturity, had been buried in the most careless manner, with no other covering than an old rag. He contended that there was no reason, why the prisoner should have denied the fact of the birth to Davidson, who made the enquiry in his capacity as constable, unless there was an intention to conceal it altogether, if possible.

His Honor summed up, and the Jury having retired, after a quarter of an hour's absence returned into court with a verdict of not guilty. The prisoners were at once discharged.

*Note: The report in the Sydney Morning Herald, 4 April 1855, adds "as a nurse."