§ MR. COBBI beg to ask the Secretary of State for the Home Department whether he is aware that upon the trial, at the last Winter Assizes at Winchester, of Fanny Gane, for the murder of her newly-born child, Mr. 1044 Justice Cave, in summing up, commented on the unsatisfactory nature of the medical evidence, and directed the jury that they could not convict the prisoner of murder unless they were convinced that the child had a separate existence; whether his attention has been drawn to the fact that the only medical testimony as to the separate existence of the child was that of Dr. Adams, the Divisional Police Surgeon, and to the comments of the Judge upon the unsatisfactory evidence given by him, and to the fact that the jury, without leaving the box, found a verdict of wilful murder, with a recommendation to mercy; whether memorials, signed by upwards of 75,000 persons of all classes, have been presented to Her Majesty the Queen and the Home Office, praying that the prisoner, who was sentenced to death, which has since been commuted to penal servitude for life, may receive a free pardon, and large public meetings have been held, at which resolutions to the same effect have been carried; and whether he can state when any decision will be arrived at?
§ MR. MATTHEWSI am informed by the learned Judge that he directed the jury, as stated in the question, that they could not convict in a case of infanticide unless they were convinced of the separate existence of the child. The separate existence of the child was proved by Dr. Adams and supported by another medical man, and the learned Judge informs me that he has no recollection, nor any note, of having said that the medical evidence was unsatisfactory. He further states in a recent communication to me that he was at the time, and still is, of opinion that the verdict of the jury was right. The jury recommended the prisoner to mercy, and, according to the newspaper report, found their verdict without leaving the jury-box. A memorial signed by 25,250 persons to the effect mentioned in the question has reached the Home Office. As I informed the hon. Member in answer to a question earlier in the Session, it is as yet too soon to announce the ultimate reduction of sentence, which will be considerable, in this case of infanticide.