Cite: http://nla.gov.au/nla.news-article626004

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TRIAL

OF RICHARD GRIMSHAW, ON FRI-  

DAY the 13th Instant;  

Charged with Violently and Inhumanly Beat-  

ing his Infant Daughter, Mary Grimshaw, aged seven Years, and thereby giving seve-   ral mortal Bruises, on the 26th Day of Sept. 1803, which were the Cause of her   Death upon the 4th day of January 1804.

- - - - - - - - - - -

Mr. WENTWORTH, then of Parramatta, Surgeon, stated to the Court on Oath, that he had attended the Infant some several days prior to its decease, and that on his first visit he   found the deceased to be labouring under a very violent fever, which he did not then at-     tribute to any particular cause, as the child   made no complaint whatever ; and that he had therefore administered such remedies as were      

generally found most useful in such cases ; but       that two days preceding that of its death he had perceived a morbid swelling at the back     of the neck, extending to the left ear, which making some essential enquiries concerning, he was told by the mother that it must have   proceeded from some violent treatment given    

some time since by the Prisoner at the Bar - - -

Mr. W further stated, that minutely examining

the tumor he become conscious of the child's  

approaching dissolution, and therefore did not     think proper to open the skull, as that opera-

tion could only have tortured its latter mo-   ments, without any possibility of prolonging the existence of the patient. After the event   of its death however, Mr. Wentworth had   perforated the skull, and was decidedly of  

opinion, that the child had received a violent   blow on the affected part, which, from the appearance he could entertain no doubt what-     ever, had finally terminated its existence.      

Being questioned by the Court whether he   could positively aver that the tumor had or-     iginated from a blow, Mr W. replied that

such was his opinion; but, as he did not see the child until about ten days before its disso-

lution, he could not pretend to speak po- sitively though such cases very rarely oc-     curred without some such previous cause - -     And being further asked whether it was a pro- bable circumstance that a violent treatment sustained by a patient in the month of Sep-     tember should be the actual cause of her death  

at so distant a period, Mr. W. answered, that   in the course of his practice in this Colony   two instances of the same nature had come     within his observation, in one of which the patient had survived a mortal injury 91 days,

and in the other 93 ; in both which it had been thoroughly ascertained, that death was    

the actual consequence of the injury, though

after so considerable an interval.  

Thomas Greensmith being duly sworn and strictly interrogated, deposed, that he was in

the Prisoner's use at Parramatta on the af- ternoon of the 6th of September last when he came home ; shortly after which he saw the prisoner take a few twigs out of a broom

with the thick ends of which he gave her se-  

veral smart stokes on the neck, shoulders, and arms ; he also struck on the side of       the head with his open hand, but not with sufficient force to occasion her falling, though   she reeled; that no mark of violence what-   ever appeared, nor did he then or since con-   ceive that the chastisement was in any respect severe, nor did he ever hear the child comp-   plain of any ailment for sometime after, tho'   he living under the same roof, was in the ha- bit of seeing it frequently throughout the day.   The child, he added, was always rather weak-    

ly ; and although resident in the house, and in habits of intimacy both with the father and mother, had never seen it receive a blow be-   for or since the above-mentioned time.

Here the Evidence concluded ; the Pri-  

soner declared his innocence of the Charge exhibited in the Indictment ; and after a short deliberation he was Acquitted.

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