A woman suffering labour alone may have the fœtus escape from her, and fall to the ground, on its head, and be thus killed; or she may unexpectedly be seized with pains in situations at once destructive to the child. In the case of infants being found in privies, this circumstance ought not to escape our remembrance. A woman was tried at the Old Bailey for the murder of her child, by dropping it into a privy. She declared that while there for a natural purpose, an uncommon pain took her, the child fell, and she sat some time before she was able to stir. On this occasion, we learn from _Dr. Gordon Smith_, that a practitioner was examined on the possibility of such an event; who stated that an instance came within his own knowledge, where, while the midwife was playing at cards in the room, the woman was taken suddenly, and the child dropped on the floor. To this the author just cited adds another illustrative case. It recently happened, says he, in the circle of my own acquaintance, that a lady who had borne many children, and must therefore have been alive to the import of uneasiness in the last hours of pregnancy, was sitting in company at dinner, and perfectly free from any consciousness of approaching labour, when she experienced an irresistible impulse to repair to the water-closet. She had scarcely arrived there when she was delivered: now had the place of retirement been differently constructed, this infant might have perished. It will very properly be urged that a woman, on finding what has happened, ought, if her feelings and intentions were honest, to give immediate alarm. This is true, but says _Dr. Smith_, we must admit, in the first place, the possibility of her not being able to do so, in consequence of the effects of the occurrence on her own person; and, in the next place, it is but just to allow that, although an alarm, after she has fully recovered, might secure her in the case of trial, yet as it can be of no use in restoring the life of the child, the idea of concealment will more naturally arise.
A very remarkable case, in illustration of the subject under discussion, is related by _Burnett_, in his _Treatise on the Criminal Law of Scotland_. “It occurred at Aberdeen in September 1804. The girl had become pregnant in circumstances peculiarly disastrous; actuated by the strongest impulse of shame and remorse, she concealed her situation from every one, and ascribed her appearance to cold she had caught. On the day of her delivery she had been to market, and in returning home accidentally slipt her foot, and fell into a mill-pond, where she would have been drowned had she not obtained immediate assistance. She was carried all wet into an adjoining malt-kiln, where there was a large fire, and left under the charge of another woman. The latter having gone out for a very short time, leaving the girl sitting by the fire, found on her return that she had been delivered of a child. The infant was in life, and lying at the extremity of the ashes near the fire. The girl said that her pains came on unexpectedly while sitting by the fire, and that she became insensible and could give no assistance to her child. No violence appeared on the body of the child, but it appeared to have been scorched by the fire, which occasioned its death a few hours thereafter. The prosecutor consented to a petition for banishment.”