Deaf and dumb

DEAF AND DUMB. YORK. - Esther Dyson was indicted for the wilful Murder of her infant child, by cutting off its head with a knife. The prisoner, upon being arraigned and required to plead, made no reply, and the Jury was sworn to try whether she stood mute of malice, or by the visitation of God. A witness, of the name of Henderson, deposed, that he had known the prisoner from infancy, and that she had always been deaf and dumb. On this evidence, the Jury found, that the prisoner stood mute through the visitation of God. The same witness was then sworn to interpret the questions put to the prisoner, and her answers, which he did by certain signs with which the prisoner was familiar. The prisoner, after some time, signified that she had not committed the act with which she was charged, and a plea of “Not Guilty " was recorded.

The Jury were then desired to stand up to be sworn, when another difficulty presented itself. There was no mode of making the prisoner comprehend that she had a right to challenge the Jury. A variety of questions were put, at the suggestion of the counsel for the prosecution; but though she answered by signs, that she knew she had been brought to York for what she was supposed to have done, it was found impossible to make her understand the purpose for which she had then been brought into court, and the nature of a trial by jury. Another witness, a Mrs. Briggs, was then sworn, but her efforts were as fruitless as those of the first interpreter; and both the witnesses agreed that they could not make the prisoner understand the nature and purpose of things which she had not witnessed before. Under these circumstances, Mr. Justice Parke stopped the proceedings, until he conferred with Mr. Justice Littledale. The learned Judge was absent from court a short time, and on his return directed a Jury to be empanelled, to try whether the prisoner was then in such a state of mind as to be capable of understanding the proceedings which were then going on. The two interpreters were again sworn, and put a variety of questions with no better success.

The Jury found, that the prisoner was not at that moment in a sane state of mind. The prisoner was then remanded.