504. ELIZABETH STEEL proceedingsdefend was indicted for stealing a silver watch ; but she appearing to be deaf, the Jury were sworn to enquire whether she stood mute wilfully and of malice, or by the visitation of God.

- ONLY sworn.

I am a surgeon; the session before last, when she was brought here, I understood she was deaf; I was informed by herself that she had a fever in Clerkenwell Bridewell, in consequence of that this deafness ensued; I have since seen her at different times; and sometimes she would not hear, or could not hear; she was in the middle ward; I suspected the persons instigated her to continue in the deafness, by saying, she would be starved up stairs; and one of the questions I put to her was, how she came to be there; she said, she was only just come down and would return immediately.

Court. She knew she was ordered to remain above? - Yes.

Then do not you conceive that as soon as you come in, she might without hearing any question you asked her, justify herself for being there? - She certainly might; there was a conversation passed when I examined her upon her deafness how it originated; she seemed to understand my question then.

Have you examined her ears at all? - Yes, and given her something to drop in; and she had something in her ears; there is no particular appearance; I have been told by the people that there is sometimes a hemorrhage at the ears, as well as at the nose; the prisoner said it was owing to what somebody gave her; the ear is intricate, but as far as the eye will reach, there is no appearance to account for the disease, and sometimes she appeared to understand my questions.

JOHN OWEN < no role > sworn.

I have tried several times whether this woman is deaf or no; I have talked to her, but I never could have an answer from her; she generally looked rather stupid when she saw me speaking; I never had any reason to believe she heard me; she has been in confinement ever since February; I have been there when she did not see me, and I never heard her answer the other prisoners.

Who supplies this woman with her victuals? - When the bread is delivered out, the wardswoman delivers it to every prisoner; when there is any meat and bread given, she gives it them; that woman is a convict.

RICHARD COXFORD < no role > sworn.

I have frequently spoke to this woman but never received any answer; I do not think she understood me.

Mr. Under Sheriff Allen and Mr. Akerman, both said it was the general opinion she was deaf.

The Jury gave their verdict.

Mute by the visitation of God .

Ordered to remain till next session.