Home People Accidents Baby Asphyxiated – Brief Life – Medico-Legal Problem

Baby Asphyxiated – Brief Life – Medico-Legal Problem

May 1932

Mexborough and Swinton Times, May 27th, 1932

Brief Life

Medico-Legal Problem at Wombwell

Baby Asphyxiated

An inquest was held on Monday into the death of the infant child of Ethel Naylor, widow of Ronald Taylor, living with her father John Thomas Tindle, of 252, Hough Lane, Wombwell.  A visitor to the house found the child dead on a bed upstairs while the mother who had been confined some hours earlier, was sitting on a chair downstairs.

Independant Existance

Dr. W. C. Jardine, who had conducted a postmortem examination said in reply to the Coroner, that from the medical point of view there was no doubt about the child having had an independent existence, but from the legal standpoint he could not say.

A statement by a eminent judge touch upon this question was put in for the coroner’s perusal. Part of this statement was:

‘The legal description of what is meant by complete birth is that it must be proved that the entire child has actually been born into the world in a living state.  The fact that it has breathed is not conclusive proof of that. There must be an independent circulation in the child before it can be counted alive.

Dr. Jardine said the right lung of the child had ben inflated and the organs floated in water when tested. The child could have breathed for at least five minutes.

Death at Dawn

Olive Moore, 42, York Street, West Melton, said she was called to Wombwell at 1.30 on Saturday and saw her sister, Mrs. Naylor, sitting on the sofa at her father’s house.  She said she had been confined in the morning and witness understood her to mean that it had happened “just as it was coming daylight.”  The child was lying dead on a bed upstairs.

The coroner: Had anyone seen the child before? – No, sir, no one.  Witness added that the baby was covered with a sheet. She did not touch the child, but sent for Dr. Jardine, who came shortly afterwards.

Did you know your sister was likely to be confined – I had my suspicions but she denied it.

Had she made any arrangements for it? – No.

When did you last see her? – on the Thursday before.

Did you ever have any conversation about this? – Yes, I put a question to her and she said there was nothing in it.

The coroner: You thought she was in trouble? – Yes, I did. Witness said her father went to work in the early morning.  The child would probably have be born then, but he did not know it until he came home.

 

Suspicions

John Thomas Tindle said he left home for work about 9 a.m.

The coroner: Had you any suspicions? – I thought there was something but when I asked my daughter, she denied it.  It is a funny thing for a man to talk about.

When did she deny it? – On Saturday before Whitsuntide.  She said there was no trouble.

Who went into the house first after you left home? – I do not know, sir.

Emma Steeples, wife of William Steeples, miner, 254, Hough Lane, Wombwell, was then called.

The coroner: Had you any suspicion in this case – Yes, I had my own suspicions about four or five weeks ago.  She owned up to it after I had plumped her about it, but she would not give me any explanation.  She told me nothing except that she said there was plenty of time.

What words did she use? – She said she was in trouble and I took her to mean that she was going to have a child.

Witness aid she went into the house at 10.30 on the morning in question in response to a knock.  Mrs. Naylor was sitting on a chair. She made no remark about feeling poorly except that she said she had had face ache all night.  Witness replied, “You look very poorly any way.”

The coroner: She made no statement to you suggesting that a child had been born? – No, sir, none at all.

Witness said that at Mrs. Naylor’s request she sent for the sister.  She did not see the child until later on when she was asked to go in by Mrs. Moore.

Recalled, Mrs. Moore said the baby was upstairs and her sister was downstairs. The bed had apparently been laid on. At Dr. Jardine’s request she put her sister to bed.

Asphyxia

Dr. W. J. Jardine said that he reached the house about 2 o’clock and found the baby at the foot of the bed.  It was a full-term female weighing about eight pounds.  There was a certain blueness about the face and froth was present at the mouth and nose.  Externally there were no marks of violence. The right lung was fully expanded.  The organs floated in water even after pressure.  The stomach was empty.  Witness aid the cause of death was asphyxia.  There weas no doubt about the child having had independent existence from the medical point of view.  A child could breathe with only the head exposed.

The coroner: There seems to be evidence that this child had an independent existence from the legal as well as the medical point of view.

Dr. Jardine: The condition of the left lung suggests it had been trying to breathe.  After being shown a newspaper cutting dealing with the problem, the coroner remarked “It is one of the difficulties we are up against.  It is happening all over the place.

He added, “I think we should be right in concluding that this child was born.  That however, does not prevent another court drawing another deduction from it. The froth suggests to me that the child died from asphyxia, but the point is how was it asphyxiated.

In a further reply to the coroner, Mrs. Moore said the baby was not under the bedclothes when she found it.

Dr. Jardine said the woman told him that she did not think at first it was a child-birth.  He asked her why she did not knock for help and she said she felt dazed.  In the course of his evidence the doctor said it required very little to suffocate a newly-born child.

The coroner:  you say this child died from asphyxia and that naturally means it was born alive.  I am going to accept that statement.  I think we should be on the right side of the line.

Dr. Jardine said the woman told him that she did not think at first it was child-birth.  He asked her why she did not knock for help, and she said she felt dazed.  In the course of his evidence the doctor said it required very little to suffocate a newly-born child.

The coroner: you say this child died from asphyxia and that naturally means it was born alive.  I am going to accept that statement.  I think we should be on the right side of the line.  The evidence suggests to me that the child died from asphyxia after birth.

In reply to the corner the woman’s father said his daughter drew the widow’s pension as she had been acting as housekeeper for him.

The corner: She evidently did not like to tell you and we can understand why.

Amy Beevers, maternity nurse, said Mrs Naylor told her that the baby was bprn just as it was breaking daylight. She did not say anything about the baby being alive. The baby must have been born for five hours before witness saw it.

Open Verdict

The Coroner found that the child died from asphyxia, the mother being unattended at childbirth. He added that the cause of asphyxia was not shown by the evidence.

Asked if he had anything further to say on the subject the woman’s father remarked: “I am only sorry this has happened, sir; I wish I had known about it.”

The Coroner: It is not your fault you did not know.

Mrs Steeples: She told me she was not going to tell her father, and she did not want me to tell him. It was not my place to say anything because she had her own sisters and brothers.

Mrs Moore said her sister told that she was in bed when the child was born and got out afterwards.

Total Police – inspector Booth the Coroner said there was no evidence of attempted concealment of birth and therefore that question did not arise.