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25 March 1831: Esther Dyson of Ecclesfield (Sheffield), charged with decapitating her infant daughter, is judged insane because she is deaf-mute

York Herald. 1831/03/26. Yorkshire Spring Assizes. York: York Herald. Get it:

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Excerpt

Esther Dyson was this morning placed at the bar, charged with the wilful murder of her female bastard child, at Eccleshill [Ecclesall?], near Rotherham, on the 24th of September last.

In consequence of the prisoner labouring under the infirmity of having been been born deaf and dumb, the greatest interest was excited, and the galleries were crowded on the opening of court.

The prisoner is 26 years of age, but does not appear so old. She is rather tall, and of slender make. She has light hair and complexion, and of rather a pleasing and pensive cast of feature. She was dressed in a coloured silk bonnet, a light calico printed dress, and a red cloth cloak. She had the appearance of a respectable female in the lower walks of life.

The Clerk of the Arraigns having read over the indictment, which contained four counts, in which the charge was differently stated, put the question, “Guilty or Not Guilty,” to which, in consequence of her infirmity, she made no answer.

The Jury was then impanelled, pro forma, to try whether she stood mute of malice, or from the act of God.

James Henderson was then sworn, who deposed that he had known the prisoner eleven years, and that he could communicate ideas to her by signs. He was then sworn to interpret the various questions to the prisoner.

In reply to a question from the Judge, the witness stated that the prisoner had no counsel – that she had no father, mother or relative, except a brother, who was himself deaf and dumb.

His Lordship said she must have counsel, and at his request Sir Gregory [Allnall] Lewin undertook to conduct the defence.

James Henderson, who had known the prisoner eleven years, endeavoured to make the prisoner understand, by signs, that she might object to any of the gentlemen of the Jury, but he failed in making her comprehend the nature of the question.

The jury returned a verdict – “that the prisoner was not sane.”

The judge then directed her to be remanded, and every proper means taken to instruct her. In a previous part of the proceedings, the judge said he should reserve the point for the consideration of the judges, whether she should be tried upon the charge, or confined during the King’s pleasure.

To facilitate reading, the spelling and punctuation of elderly excerpts have generally been modernised, and distracting excision scars concealed. My selections, translations, and editions are copyright.

Abbreviations:

  • ER: East Riding
  • GM: Greater Manchester
  • NR: North Riding
  • NY: North Yorkshire
  • SY: South Yorkshire
  • WR: West Riding
  • WY: West Yorkshire

Comment

Comment

Tip of the hat to David Scrimgeour (Scrimgeour 2015), who includes the detailed report from the Leeds Intelligencer and tells of the inquest prior to the hearing and of Dyson’s subsequent career in the West Riding Pauper Lunatic Asylum.

What led Dyson to this terrible deed? Who was the father? Was she raped?

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Original

Esther Dyson was this morning placed at the bar, charged with the wilful murder of her female bastard child, at Eccleshill [Ecclesall?], near Rotherham, on the 24th of September last.

In consequence of the prisoner labouring under the infirmity of having been been born deaf and dumb, the greatest interest was excited, and the galleries were crowded on the opening of court.

The prisoner is 26 years of age, but does not appear so old. She is rather tall, and of slender make. She has light hair and complexion, and of rather a pleasing and pensive cast of feature. She was dressed in a coloured silk bonnet, a light calico printed dress, and a red cloth cloak. She had the appearance of a respectable female in the lower walks of life.

The Clerk of the Arraigns having read over the indictment, which contained four counts, in which the charge was differently stated, put the question, “Guilty or Not Guilty,” to which, in consequence of her infirmity, she made no answer.

The Jury was then impanelled, pro forma, to try whether she stood mute of malice, or from the act of God.

James Henderson was then sworn, who deposed that he had known the prisoner eleven years, and that he could communicate ideas to her by signs. He was then sworn to interpret the various questions to the prisoner.

In reply to a question from the Judge, the witness stated that the prisoner had no counsel – that she had no father, mother or relative, except a brother, who was himself deaf and dumb.

His Lordship said she must have counsel, and at his request Sir Gregory [Allnall] Lewin undertook to conduct the defence.

James Henderson, who had known the prisoner eleven years, endeavoured to make the prisoner understand, by signs, that she might object to any of the gentlemen of the Jury, but he failed in making her comprehend the nature of the question.

The jury returned a verdict – “that the prisoner was not sane.”

The judge then directed her to be remanded, and every proper means taken to instruct her. In a previous part of the proceedings, the judge said he should reserve the point for the consideration of the judges, whether she should be tried upon the charge, or confined during the King’s pleasure.

409 words.

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