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The newspapers billed it as Considerable excitement in Birkenhead over a murdered baby. The more I looked into it the more it shows a bias and the injustice of the legal system at that time and also putting profit before health.

The story has to begin with the marriage of James Drinkwater, widower and Cabinet Maker in Market St Birkenhead and Jane Scott, spinster, who married in Liverpool, 1846.
Their first born was Mary, 1847, Birkenhead. Around April, 1847, James Drinkwater had to hire a Wet Nurse. A Wet Nurse is a woman who had recently given birth and was capable of breast feeding another child not of her own. It's likely Jane had difficulties feeding Mary for a time.

James Drinkwater hired the services of Grace Deays, a young Scottish girl who had an illegitimate baby, Margaret, born, 31st March, 1847. For whatever reason Graces employment in the Drinkwater household was coming to an end. Grace Deays applied to the workhouse for admittance and was refused, she then applied to the parish for relief and money was raised to send her back to Scotland. The night before she was due to travel across to Liverpool and on to Scotland, James Drinkwater allowed her to stay the night in his kitchen at his address at Mortimer Terrace.

During Grace's last day in Birkenhead baby Margaret was in some distress and crying uncontrollably and Grace was worried this would upset the Drinkwater household and was in fear of being thrown out of the household and having no where to stay that evening. Grace had heard that some women gave their babies Laudanum which helped quieten them. She went to the local Druggist and Chemist Thomas Symes Warry of Hamilton St and bought 120 drops of Laudanum.

In the early hours of the following morning Mr Drinkwater found baby Margaret in a very distressed condition, clenched fisted, limp and rolling eyes. He immediately sent for Mr Edger, surgeon, who suspected the baby had been given some sort of narcotic, the baby died and Police Inspector McNeill was sent for. Inspector McNeill found an empty bottle with Poison written on it in the fire. Questioning Grace Deays, Grace owned up to giving baby Margaret the laudanum but only to quieten her down not to harm her in anyway. She was arrested by Inspector McNeill.

At the inquest a statement by Druggist and Chemist, Thomas Symes Warry stated he sold the Laudanum to Grace Deays and told her of the dangers and had given her full instructions how to use it.
The inquest jury found Grace Deays guilty of the Wilful Murder of Margaret Deays.

A later trial at Chester, the prosecution was represented by Mr Townsend and Mr Yardley, Grace Deays was UNDEFENDED. In an opening statement by Mr Townsend to the jury was if the jury didn't find the defendant guilty of murder then they must find her guilty of Manslaughter on the grounds of neglect.
The Judge intervened and would have none of it, he instructed the jury only to consider whether the laudanum was given to harm baby Margaret and end her life, if not and it was given and no harm was meant, they must find her not guilty.
Grace Deays was Acquitted