Esther Dyson

The question of mental capacity comes into question in the case of Esther Dyson. Murder of a child in Victorian times was not regarded as any less despicable than today, but this 24-year-old woman may have been treated rather differently today.

In 1830 Esther was accused of murdering her illegitimate daughter. Bad enough? Maybe worse when you hear she attempted to sever her newborn child’s head with a knife before attempting to hide the body by throwing it in a dam. Appalled? Read on.

Esther was acquitted on the grounds of insanity – although the ‘insanity’ was probably due to her being deaf and dumb since birth. Feeling more lenient? There’s more.

Contemporary newspaper reports claimed her disabilities were rather exaggerated, describing her as ‘shrewd’ and ‘an intelligent woman’ who well ‘knew right from wrong’. In a crowded court at Leeds in March 1831 was asked how she pleaded but failed to respond – so the members of the jury were asked to determine whether the prisoner stood mute ‘by malice or by thr visitation of God’. The jury blamed the Almighty.

One called to give evidence, Mrs Ann Briggs, had known the prisoner of almost ten years and stated she doubted whether Esther had any idea of what was happening in the courts. But Mrs Briggs admitted Esther certainly knew the difference between right and wrong.

The judge, reluctant to try Esther, instructed the jury to decide whether she was insane, in which case she would be detained at His Majesty’s pleasure. This is what happened and the West Riding Pauper Lunatic Asylum in Wakefield became her home from 24 November 1831 until her death on 2 March 1869 at the age of 62.

It is recorded that she was regularly employed as a housemaid, and showed no symptoms of insanity during her more than three decades at Wakefield.

Was she insane? Should she hang? What do you think?