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The Burbage Well Murder

I have been promising to write up the details of this crime for some time but have still not completed the full research. So in the meantime I shall lay out the facts as I have them with little embellishment. The full story will have to wait a little longer. Followers of today's justice system may be surprised how quickly things were dealt with in those days.

23/04/1908 While having their lunch in a field on Southgrove Farm, two farm labourers found a body floating in a disused well.
02/05/1908 At an inquest held at the White Hart, Burbage, the village doctor, Dr. Farquhar, said it was the body of a child aged 12. It had been in the well about 9 months. No children had been reported missing in the locality but gypsies often camped in the drove near the well. The coroner passed an open verdict.
June 1908 The parish magazine simply recorded "DEATHS - May God have mercy on the soul of an unknown boy aged about 12."
01/03/1911 Mary Ann Nash was arrested at Aughton in Collingbourne Kingston and accused of murdering her son Stanley George Nash, born 16th September 1901. In 1907 she had been lodging her son with her aunt at Aughton while she worked in London however, due to her not keeping up the payments, her uncle, Ephriam Stagg, wanted the child removed. Miss Nash said she had arranged to take her son to a Mrs. Hillier of Crabtree Cottages in Savernake Forest and set off on foot on the morning of 2nd June 1907 to deliver the child who was wearing his best 'sailor suit'. She returned to Aughton that night and her son was never seen again.
At the later trial Mrs. Hillier admitted knowing Miss Nash but denied ever receiving or seeing her son.
10/03/1911 A diver was sent down the well at Southgrove to see it he could find any extra evidence. He found some clothing.
14/03/1911 The body of the boy was exhumed from Burbage churchyard and sent to London for a post mortem
27/03/1911 The Magistrates trial began in Marlborough.
One problem was the evidence given by Dr. Farquhar in 1908. Then he had stated that the body was of a 12 year old but if it was that of Stan Nash he would have been only 6 and there are considerable differences in the bodies of children of those ages. Dr. Farquhar now said that he claimed the body to be between 7 and 13. Under intense questioning the Doctor 'found' his case book of 1908 which he initially claimed to have mislaid and this substantiated his version of events. This prevented the defence lawyer from proving that the body was not of Stan Nash as the ages did not match. Miss Nash continued to protest her innocence but was committed for trial and held in Devizes prison.
15/04/1911 Dr. Farquhar is arrested for perjury. At Marlborough Magistrate's court it is shown that on day 1 of the trial he gave evidence by reference to notes he had made sometime after the coroners inquest in 1908. The court insisted he return the next day with the original notes that he claimed he had left at home. He duly returned with a note book, heavily mutilated, but which contained enough of an advertisement to show it had been printed in 1910. The doctor, probably to protect his reputation, had lied under oath. He was bailed and committed for trial
02/05/1911 Dr. Farquhar resigns from the Pewsey Board of Guardians because of "advancing age and increasing infirmities".
30/05/1911 The trial was held of Dr. Farquhar at the Wiltshire Assizes in Salisbury. Charged with "falsely, wickedly, absolutely and corruptly did commit willful and corrupt perjury". He pleaded guilty to the first two charges and not guilty to the last two. The prosecution, who was Miss Nash's defence lawyer, accepted these pleas. After hearing the evidence the judge decided that the perjury had not effected the previous court case against Mary Ann Nash. Dr. Farquhar's career was now in ruins and so the judge bound him over in the fee of £50.
31/05/1911 The trial begins of Mary Ann Nash at the Wiltshire Assizes in Salisbury. After hearing the evidence, including that of Dr. Farquhar, the jury took 20 minutes to reach the verdict of guilty. The judge, Mr. Justice Coleridge, "assumed the black cap" and sentenced her to be hanged.
31/05/1911 Dr. Farquhar returned to Burbage where he was greeted with banners, buntings and welcoming speeches from the Churchwardens
05/06/1911 Mary Ann Nash's lawyer writes to the local papers to say that rumours that she killed another child are untrue and that the girl in question lives at Marlborough Union Workhouse. He also stated that an appeal against her sentence is to be lodged.
18/06/1911 The appeal is heard. It was based on the fact that the prosecution had failed to prove that the child's body was that of Stanley Nash. The appeal was dismissed.
27/06/1911 Dr. Farquhar sells up and leaves Burbage.
07/07/1911 Following the receipt of a 14,000 signature petition, including those of some of the jury, the Home Secretary reprieved Mary Ann Nash and commuted her sentence to life in prison.
 
The following is an extract from a book entitled "Women & Murder" by Hargrave L. Adam and published in London in 1914. In a chapter entitled "Baby Farmers" he gives details of the Well Murder. Being a contemporary document, it gives an interesting insight to the attitudes of the public (or at least that of the author) to the crime and his comments about "baby farmers" may help put Mary Nash's predicament into context.
 
THE BABY-FARMERS
ONE of the most amazing things about certain forms of female crime is the complete absence in the criminals of the maternal instinct. This, which is so powerful among animals, seems to find no place in the breasts of such women, in spite of the fact that many have offspring of their own. It is altogether a baffling mystery. It applies particularly to the class of criminals known as "baby-farmers." Baby-farming also involves the important social question of the illegitimate child. As I write, the Home Secretary has reprieved the woman Mary Ann Nash, who was condemned to death for the murder of her little son. The case was known as the "Wilts Well Mystery." Nash was a domestic servant, and the child she was convicted of murdering was illegitimate. In June, 1907, she went away with the child, which was never seen again alive. On April 23rd, 1908, the body of the little boy was found in a well at Burbage, about two miles from the cottage where Nash had been with her child.

An inquest was held and an "open" verdict returned. Early in the present year, 1911, however, somebody addressed an anonymous letter to the police, suggesting that the body found in the well was that of Nash's missing child, and that she had murdered it. Accordingly the police made inquiries, as a result of which they arrested Nash and charged her with having murdered her child and cast the body in the well at Burbage. In addition to the fact that no suspicion was entertained towards Nash until the police received information from so untrustworthy a source as an anonymous communication, there were several very grave doubts in the case. For instance, it was never proved how the child whose body was found in the well came by his death, whether, indeed, he was murdered at all. There was also considerable discrepancy between the respective ages of Nash's missing child and that of the child whose body was found in the well. The strongest circumstances against Nash were the facts that when questioned she had told a lie as to what she did with her child when she went away with it, and that the child has never since been seen. What has become of it? It seems incredible that if it were still alive and in the keeping of somebody it would not have been produced to save the mother from the gallows. With the widespread publicity the case has been given, whoever had the child must have become aware of the perilous position in which Nash stood. The latter's explanation was that while out with her child she fell asleep by the roadside, and that when she awoke again her child was gone, the inference being that somebody had kidnapped it. This, of course, might have been so, and the child might afterwards have died a natural death, or even have been killed by somebody else.

The motive ascribed to the prisoner by the prosecution was that she had killed the child to free herself of the expense of its keep. She had already entrusted it to several baby-farmers, whom, of course, she had to pay for its maintenance. It was to get rid of this expense and what was in itself an obstacle and an incumbrance to her, the prosecution asserted, that she committed the murder. If there were no illegitimate children there would be no baby-farmers, and in considering one we must also consider the other. The fate of most of the former is indeed pitiable in the extreme. Disowned by their natural parents, cast among strangers, buffeted from pillar to post, always in the way and not wanted, neglected in every conceivable manner, ofttimes brutally murdered by their inhuman guardians, they cry aloud for the interference of the State. Are they to continue to plead in vain? Is it not time that the law interceded on their behalf? It is only now and again that attention is called to the hapless fate of the child who is "not wanted," when a case like the "Wilts Well Mystery" occurs or a baby-farmer is brought to justice. But the torture and slaughter of the innocents is going on all the time. Quite recently a case came under my notice which led me to make inquiries. It appeared that a little girl about five or six had been left on the hands of a certain lady by its mother, who had not provided for it in any way whatever. She had got rid of the child by means of a trick or ruse. She was supposed to be coming back for it, but she never returned, nor made any sort of inquiry about it afterwards. The only clothes the child had were those she stood up in, and they were both poor and unclean. It appeared the child had had many " homes " during its brief life, being left in custody of various baby-farmers. As the mother invariably after a time failed to keep up the very meagre payments promised, the child was turned away by one foster mother after another. The one who had charge of her prior to her being planted on the lady in question detained all her clothes except those she was wearing as a set-off, or a partial set-off, to the money owing for her keep.

This poor mite, begotten in adultery and vicariously reared on "short commons," was afflicted in various ways. She had an impediment in her speech, and her sight was so bad that she had to wear strong glasses ; she had previously had an operation performed, which was necessary in order to prevent her going blind. She was miserably thin, and had an aspect as of one careworn, which in a child so young was poignantly pathetic. As I have said, her devoted mother never even made an indirect inquiry concerning her, which is not surprising when one learns that she upon one occasion said to the lady with whom she left the child that she wished the "little beast would die." All efforts to trace the whereabouts of the mother proved fruitless, so the lady who had her in charge, not being in a position to support the child without assistance, was compelled to pass her on to the parochial authorities. So once more the poor child was "moved on," given into the custody of officials who dealt with her in a business-like way, which took the form of unkindness to one of such tender years and so haplessly helpless. She was thrust through a doorway and told to go "in there." In there were many other small children in like pitiful case, the place being a kind of "receiving house" for human sheep who are lost indeed.

Alas, for the innocents! It appeared that the mother of the above child had had three or four such offspring by the same father, all of whom had been hustled away in the same manner. They were all the results of illicit intercourse. She had destroyed others in embryo. Being asked what became of a certain child of hers, she replied, "Oh, I got rid of that" how, was left to the imagination. Once or twice she induced a miscarriage, and so in that manner "got rid of it." The father was himself a married man with legitimate offspring. The mother was a single woman. The only defence the woman can have, if indeed defence be admissible, is the fact that her paramour barely provided for her and her children. She had, of course, laid herself open to a charge of child desertion, and it would be the business of the parochial authorities to find and prosecute her. The law, however, does not provide for the punishment of the man, who certainly should be made to share any penalty visited upon the woman.
 

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