evidence in point of fact, against and in favour of the criminal; after
which it is the form of the Court to pronounce a preliminary judgment,
sending the cause to the cognisance of the jury, or assize.

The counsel for the crown briefly stated the frequency of the crime of
infanticide, which had given rise to the special statute under which the
panel stood indicted. He mentioned the various instances, many of them
marked with circumstances of atrocity, which had at length induced the
King's Advocate, though with great reluctance, to make the experiment,
whether, by strictly enforcing the Act of Parliament which had been made
to prevent such enormities, their occurrence might be prevented. "He
expected," he said, "to be able to establish by witnesses, as well as by
the declaration of the panel herself, that she was in the state described
by the statute. According to his information, the panel had communicated
her pregnancy to no one, nor did she allege in her own declaration that
she had done so. This secrecy was the first requisite in support of the
indictment. The same declaration admitted, that she had borne a male
child, in circumstances which gave but too much reason to believe it had
died by the hands, or at least with the knowledge or consent, of the
unhappy mother. It was not, however, necessary for him to bring positive
proof that the panel was accessory to the murder, nay, nor even to prove,
that the child was murdered at all. It was sufficient to support the
indictment, that it could not be found. According to the stern, but
necessary severity of this statute, she who should conceal her pregnancy,
who should omit to call that assistance which is most necessary on such
occasions, was held already to have meditated the death of her offspring,
as an event most likely to be the consequence of her culpable and cruel
concealment. And if, under such circumstances, she could not
alternatively show by proof that the infant had died a natural death, or
produce it still in life, she must, under the construction of the law, be
held to have murdered it, and suffer death accordingly."

The counsel for the prisoner, Mr. Fairbrother, a man of considerable fame
in his profession, did not pretend directly to combat the arguments of
the King's Advocate. He began by lamenting that his senior at the bar,
Mr. Langtale, had been suddenly called to the county of which he was
sheriff, and that he had been applied to, on short warnin