On this date in 1870, Margaret Waters became the first woman in England to hang for baby-farming.

Waters was condemned for murdering an infant she had taken in as a contractual temporary adoption; there is the matter in the dry language of the law.

But Waters’ import — and in fact, since press outrage that her ward’s death had initially been ruled only manslaughter by the coroner, the extremity of her legal straits as well — derived from her milestone symbolism in a burgeoning Victorian-era moral panic.

Margaret Waters’ case dominates the cover of the Oct. 15, 1870 Illustrated Police News, with a central illustration of Margaret Waters hanged … surrounded, appropriately, by men.

“Baby farming” hit the papers in the 1860’s with sensational exposes of a gray market business whose model was:

1. Relieve unwilling mother of her newborn infant for a fee
2. ???
3. Profit!

It’s the “???” that’s up for grabs.

To the newspapermen, and the day’s elite crusaders for reform, and especially to the nascent medical industry whose British Medical Journal was instrumental in fomenting public alarm,* it signified nothing short of infanticide, a sort of post-partum abortion.

Thus, the Times of London’s sermonizing post-hanging editorial (Oct. 12, 1870):

A most just sentence has thus been executed, and the law has conspicuously fulfilled its appointed office of being a terror to evil-doers. A more terrible case, with respect both to the heinousness of the offence and to the unexpected vengeance which has overtaken it, has never occurred … The wretched woman and her sister were proved to have systematically published advertisements offering to “adopt” children for a remuneration which no one in his senses could believe to be adequate. In other words, they offered to the parents of illegitimate children a means of getting rid of charges at once burdensome and shameful to them … For the sake of a paltry and precarious gain MARGARET WATERS and her sister had the heart to make away with the helpless little creatures … nothing can palliate the hideous spectacle thus brought to light. A murder in hot blood, the deliberate gratification of revenge, or even a premeditated act of violence in the pursuit of some selfish object, fall short in some respects to the heinousness of this offence. The deepest instincts of a woman’s heart must have been deadened, and the most ordinary feelings of human nature extinguished, before such slow murder could be perpetrated upon piteous little innocents.

… MARGARET WATERS confesses to receiving children for purposes of profit, whom she, at least, knew she could not support. She confesses to receiving them for 5 l. or 10 l., and finding other people who would receive them for a fortnight’s expenses paid in advance, and would then let her hear no more of them. She confesses to taking them into the streets, placing them in the hands of children, and then running away and leaving them to their fate. She confessed to all this, and yet she professed to see in it nothing but “falsehood and deceit.” It was not murder, and nothing seems to have astonished her so much as the sudden vengeance which overtook her … while admitting the most damning facts, she extenuates their criminality. It is well that the stern sentence of the law has pronounced a terrible condemnation of these heartless excuses. “Baby Farming” as practiced by MARGARET WATERS was ruthless and systematic murder, and her doom will indelibly stamp this brand upon her infamous trade.

We wish it could be thought this unhappy woman was a solitary instance of such wilful blindness. It is to be feared she has expiated the sins of others who have actually perpetrated similar crimes, and it is certain there are many who are direct accomplices in her guilt. When she says that “the parents of illegitimate children who seek to get rid of them are more culpable than persons like herself, and that if there were no such parents there would be no ‘Baby Farmers,'” she does but exaggerate a just charge. When MARGARET WATERS abandoned children in the streets to the casual care of passers-by, she did but repeat what had been done by those who had first abandoned them to her in the dark of the night at obscure railway stations. It cannot be too strongly asserted that this execution reflects more or less the brand of murder upon all who contributed to the offence — upon the parents who only sought to get rid of their children, and upon those who allowed their journals to be the instruments of what they might have known to be an infamous traffic. It must be acknowledged that the justice of the law is but brought justice, and spares many who deserve punishment. That is inevitable. But one of the great uses of the law is to depict in true colours the real meaning of common offences. Selfish and licentious men and women will know for the future what is the natural issue of the offences against morality and society which they lightly commit. It is murder, and nothing less, that is the ultimate meaning of these social evils, and this is the contamination incurred by those who facilitate such offences.

Sounds pretty bad.

But then … all those other “selfish and licentious men and women”: had Waters somehow been the bad apple to spoil an entire bushel? (Reformers of the time write often of illicit behavior as a contagion whose example inspires a wider moral deadening.) Or was there something else going on?

Even the Times agrees that our culprit “never entertained the intention of becoming a ‘Baby Farmer’ and a Murderess. She drifted into it under the pressure of want and temptation. … It is, according to her statement, only six years since she was a married woman in good circumstances.”

According to Waters’ own account, summarized third-hand in the Times a few days prior to the hanging, (Oct. 7, 1870) her fall from respectable wedlock to public enemy number one began with the 1864 death of her husband, leaving the woman

with 300 l. in her possession. Intending to turn her capital to account, she took a house in Addington-square, Camberwell, and put into it a number of sewing-machines. Her plan was to make collars and other such articles, and sell them to the city houses. She knew little or nothing of the business, however, and, partly owing to that circumstance and partly to the miserable prices which were paid for such goods, she was at the end of the year a loser of 250 l. She then resolved to save herself by letting lodgings, and that step led her imperceptibly into her career of baby farming. … she was steadily going down-hill, and she found herself obliged to leave Addington-square and go to Bournemouth-terrace, Peckham, where she commenced baby farming as a system. She advertised for children, and she had answers from persons in all stations … She drifted along in this course, getting from bad to worse. But she protested that she had no idea of injuring the children, though she did some things she was very sorry for, owing to the difficulties of her position … She took the Clerkenwell News, and there she used to find a whole string of advertisements — three of them were put in for a shilling — from women who wanted children to nurse. She advertised herself for children to adopt, and she generally got 10 l. with one. When she got the child and the money she went to one of the other advertisers in the Clerkenwell News and arranged to put the baby out to nurse. Upon paying two weeks in advance she was hardly ever asked even for her address, and when she went away of course she never heard anything more of the child. She gained the difference between the 10 l. given her for adopting the child and the fortnight’s payment for nursing it. This was, after all, a very precarious resource, and she fell into great distress … The time came soon when she was unable to pay the money-lender his instalments, and he threatened to strip her of everything under her bill of sale … When she went to Brixton five children died, some from diarrhoea and wasting, and others from convulsions. She was very poor, and determined to save the price of burial by leaving them about. She wrapped the bodies in brown paper and took them out at night, and left them where they were found by people afterwards. She maintains that she did what she could for these children, and attended to them to the best of her power. There were also four other children whom she got rid of in a way for which she is now very sorry. She took them, one at a time, into the streets, and when she saw little boys and girls at play she called one of them and said, “Oh, I am so tired! Here, hold my baby, and here is sixpence for you to go into the sweetstuff-shop and get something nice.” While the boy or girl went into the shop she made off. The babies, she believes, were generally taken to the workhouse.

The slide into the vast but shadow world of poverty, in short … a timeless story.

While intentional infanticide undoubtedly formed some part of the baby farming picture, its nature and extent is also nothing to presume. In an era of staggering child mortality, dead infants were a norm, sometimes the norm. In the context of desperate penury, it was all the more likely. Middle-class authorities who raided Waters’ “farm” saw (and testified to) a slum purposely structured to kill off children. They may simply have beheld indigence.

Waters herself always rejected any notion that she had intentionally killed any of her charges.

Summing up the doomed woman’s testimonial, the doctor who took it underscored the point with an entirely plausible counter-narrative.

Dr. Edmunds, in concluding the recital of the remarkable and instructive statement Margaret Waters made to him a few hours before, said that when children, even under the best conditions, were taken from the breast and brought up by hand, the chances were all against them. What, then, was the chance of infants taken out in the open air the moment they were born and brought up with only such appliances as Mrs. Waters, at her wits’ end for money, flying from money-lenders and dodging landlords, had at her disposal? From what he could judge she had no intention of murdering any of the children, but they died off, as they might have been expected to die off, from diarrhoea, thrush, and convulsions, and when they died she callously got rid of their bodies as best she could when she became poor.

If Waters’ story holds water, her fees so inadequate to the long-term maintenance of children represent much the same calculated gamble involved in insurance: foul play or no, she had no reason to expect to maintain children long-term.** Cold … but hardly incomprehensible.

(It should also be observed babies to adopt actually were in demand.)

Interestingly, one of the key antecedents of the baby farming scandals in the 1860s and 70s was the codification of prim sexual mores for which the Victorian era is a byword.

Earlier in the 19th century, financial responsibility for illegitimate children had shifted from the (putative) father to the mother, and government Poor Relief to single mothers had been slashed — a bit of abstinence-only social engineering meant to stigmatize single motherhood to the greater good of the softer sex: “We trust that as soon as it has become … burdensome and disgraceful, it will soon become … rare.”

Surprisingly, welfare reform did not stop Victorians having sex. Given a milieu where birth control and abortion are illicit and single motherhood severely stigmatized, the policy implied a swath of single mothers powerfully incentivized to have burdensome and death-prone children taken off their hands … and an industry of entrepreneurs ready to meet the demand.

Waters was the first of eight women in England, Scotland and Wales hanged as baby farmers from 1870 to 1909. Her execution would help lead to the 1872 adoption of the Infant Life Protection Act, which introduced a regimen of license and registration in the heretofore libertarian economy of freelance child-brokering.

* In “Wolves in Women’s Clothing: Baby-Farming and the British Medical Journal, 1860-1872” (Journal of Family History, vol. 26, no. 3, July 2001), Ruth Ellen Homrighaus argues that

[b]y using their ‘expertise’ to stake a claim on infanticide and to relegate female reformers to the ranks of amateurs, writers for the BMJ made one of many moves to professionalize medicine … [and] establish a monopoly over health care by improving and standardizing medical education and restricting competition from untrained ‘charlatans.’

Infanticide writ large being a complex social problem, it found in baby farming a specific target amenable to outraged public mobilization, with a “subtext … [that] denied that working-class women were fit to manage childbirth and infant care.”

Margaret Waters had the ill luck to be discovered just as this campaign was in need of a potent emblematic villain. Despite the pestering of the moralistic set, police interest in hounding the persons who attended England’s considerable produce of disposable children rapidly waned in the 1870’s.

** Reviewing the still-lively baby farming scene in early 20th century America, Lawrence Friedman notes that

baby farms made a profit from a “grisly calculus”: most babies, in the days before reliable bottle-feeding, simply died when separated from their mothers. Add to this filthy conditions and poor care, and it is no surprise that most babies in baby farms did not survive. Allegedly, up to 80 percent of all babies admitted to one Baltimore baby farm died within weeks.

Part of the Themed Set: Women Who Kill.

• 1843: Jacob West, Ridge-Watie faction assassin
• 1636: Johann Albrecht Adelgrief, king-scourged
• 1871: Eugen Kvaternik, for the Rakovica revolt
• 1946: Damian Kratzenberg, Luxembourg Nazi
• 1914: Lt. Jean-Julien Chapelant, mort pour la France
• 1689: Fyodor Shaklovity, marking the arrival of Peter the Great
• 1593: Gabriel Wolff, Nuremberg adventurer
• 2009: Behnoud Shojaee, Mohammad Mostafaei client
• 1817: Gertrudis Bocanegra, Mexican independence heroine
• 1878: Bill Longley, gunslinger
• Unspecified Year: The Last Day of a Condemned Man
• 1936: Antonio José, forgotten composer