The Daily Times.
Liverpool, Merseyside, England, 1860-08-13 00:00:00

MERIT,

Pqrkßirkenhead ; P. Marshall.
Claremount School : H. A. Crosbie.
SECTION D. (PHYSICS).-2ND
Liverpool Institute : R. Hughes and W. Hughes.
SECTION F. (MUSIC.)

Liverpool Institute : W. Hutton and H. E. Rowe.

Park School, Birkenhead : N. Caine.

We have arranged the teslitts in such an order that
our readers will be immediately enabled to form a cor-
rect estimation of the value of each school, as proved
by the severe test of university examination, without
further aid from us.

LIVERPOOL POLICE COURT.-SATURDAY.

(Before Mr. RA.f.ms.)
T#E BALL AND THE sHAwLI

A sort of sleepy Venus-looking great grand-daughter, in
about the sixty thousand degree from mother Eve, came fuY-
ward to charge another sister, for having committed divers
crimes and misdemeanors against her person and property.
The name of the complainaut, as it appeared on Mr. Bluck's
brief (fur that gentleman was her advocate) is Harriet Prescot,
and the patronymic of the defendant is Ellen Short, which was
given, no doubt, in consequence of her being nearly six feet
high. Both were dressed a la mode, hoops included. Mr.
Black opened the case, and then called his client, who tried to
smile like a moonbeam, and went on state that she attended a
ball in Lime-street, and left about two o'clock in the maining,
She left with two "gentlemen," and they were proceeding
down Rimelagh-atreet, when the defendant came up to them,
and without " rhyme or reason " made an attack on her, tore her
face and hands, and what was worse, tore her silk lace shawl,
that cost her four guineas, at Mr. Davies' shop, London.road,
about a fortnight ago, and she had only, worn it twice. Here
the "remains" of the silk lace shoulder covering was held up
to public gaze, and a good deal of public laughter fol-
lowed, for such a sight,—that is, for a silk lace shawl—
was never seen since the invention of silkworms or mulberry
trees 1 . The complainant said a doctor could cure the dilapida-
tion on her face and hands, but she could not get a doctor to
Patch up the rents on her shawl. Some people maintain that
!hatter is indestructible; but so far as the piece of personal
furniture in question was concerned, the theory was absolutely
false, for it was almost annihilated beyond the redemption of all
silkworms. In reply to Mr. Raffles, the short-tall prisoner said,
I was going home this morning, when I met that lady, along
with two "gentlemen,"
conaing out of an hotel, and I recog-
nised one of the " gentlemen" as a " gentleman of mine,"
(laughter,) and asked her could she not be happy with either,
(laughter); •and what do you think she did? Why, she
smacked me in the face, and I could not brook the insult as an
Englishwoman. I deny having mangled that shawl in the
way it appears ; it was pulled about by some person who came
up ; and besides that, it is not worth fourteen pence, instead
of four guineas. Complainant : It is not worth fourpence new,
but I gave four guineas for it. Mr. Raffles sent a policeman to
Compton House, to inquire what the value of the shawl was ;
and on his return he said it was valued (not in its present
state) at £4. Mr. Raffles' said he would fine the prisoner £4
for the shawl. The prisoner said she would send for some
friend, a " gentleman," who would pay the amount. She was
then removed. •
ATTEMPTING TO SHOOT AN OLD LADY.
James Miller, a stupid looking man, described 8,6 lireman
on board the Sicilian (screw steamer), 1-09' charged with
attempting to shoot Stoma Leftas, 1M old lady who keeps a
lodging-houSe at' 227, Mill-street. It appeared that on Satur-
day last the prisoner came from sea, and went to lodge at
complainant's house; but they were obliged to put him away
on Tuesday. On Friday evening he entered the house, and
she asked him to sit down; but seeing him look wildly, sae
asked what was the matter with him, and he replied : am
come to shoot you, you must not live, but must die now," at
the same time presenting two pistols at her breast. She
grappled with him and shouted for assistance, when her hus-
band, came and wrested one of the pistols, and she ran out for
assistance, when a butcher came, and both pistols ere taken
from him ; the butcher fired off one ; both ere capped and
loaded with powder and ball. In reply to Mr.' Ratliefe; ,lit' old
lady said the prisoner appeared its liquor,' and lie 44 been
drinking since he came from -sea.- The htiiband
corroborated 'her statement. The. priionei dec complainant
inecl to say
anything, and he waS remanded for a week.
THE SERIOUS ASSAULT ON A POLICEMAN.
James M'Carthy, a dock labourer, living iu Oriel-street, was
brought up on remand, charged with having codtruitted a des-
perate assault on police-officer 530, by throwing a brick off a
house at him, which inflicted a dangerous wound on his head.
Mr. Block was for the prisoner. The details of this serious
case were published two or three days ago in the Daily Time,
Surgeon Waters, who has been in attendance on the injured
man, stated that he had progressed very favourably, much
more so than he at first expected, and it nothing unforeseen
happened the man was now out of danger, but he would be
a
take
bail. considerable time recovering. Mr. Black said in such a case
us the present, he would only ask his Worship to take
the prisoner. Mr. Rattles said at present ht would
bail. but would consider it hereafter.• He sent thcPrisoner for
trial at the assizea,

.... .. .
A. SAVAGE.
Patrick Barrett, a big,' ill-loklking- fellow., PO,, , n ,-+
a ert was
charged with having bitten the ear off John Hannigan, mr.
Block was 'for the prisoner.- The fac6 of the case 15;vr46 qs
follow :---An evening or two since the parties met at the o,or
of complainant's house, when. he asked the prisoner for 2s.
that he owed him. The. latter denied owing the money, and
some angry words followed, and subsequently they struck
each other and fell in the street. Whilst down, the prisoner
caught the ear of his opponent in his mouth and bit it clean
cc Survon Cavanagh proved that the mau was much
injured, had lost his ear, and would be disfigured kr life.
Mr. Black said he was instructed to call witnesses in the case
for the prisoner, but he thought it better not to do so now.
1 The prisoner was sent for trial,

THE ALLEGED MANSLAUGHTER BY
ATTENDANTS AT COLNEY HATCH
ASYLUM.

On Friday morning, at Bow-street, Mr. Henry
resumed the investigation of the charge of manslaughter
preferred at the instance or, the Commissionars of
Lunacy against William Slitter and William Vivian,
formerly attendants at Colney klatch.
Mr. Sleigh again appeared as counsel far the prose-
cution, and Mr. Lewis for the defence.
Upon the prisoners being placed in the dock,
Mr. Sleigh observed that in accordance with the'
magistrate's desire he proposed to close the case that
day. He should call Mr. Brent to produce the deposi-
tions of the prisoner Vivian at the inquest, and then
examine Gann. This, with a slight addition to the
medical evidence, would complete the inquiry for the
prosecution.

Mr. George Smith, deputy-coroner for the county of
Middlesex—On the 17th May, I held an inquest at the
Colney-hatch Asylum, on the body of William Swift.
At that inquiry the prisoner, William Vivian, was
examined as a witness, on oath, and I now produce his
deposition as taken down at that time.
Mr. Lewis objected that deposition taken on oath

at a preliminary inquiry could not be used at the trial of
a person accused tf manslaughter or murder.
Mr. Henry would leave the sett ement And question
to a superior court.
Mr. Lewis—Will you admit it now ?
Mr. Henry —yes; there are precedents both ways,
and the judge is to debide which was to prevail.
Mr. Brent then produced his notes taken at the
inquest, with a transcript thereof. He was not bound
to take depositions unless in cases where a verdict of
murder or manslaughter was returned by the jmy, in
which case the depasitions were read over to the wit-
nessea and signed by them,
Some discussion arose as to whether the transcript
should be attached to the present depositions; and it was
nitimately.decided that the coroner should make a state-
ment of the proceedings before him, refreshing his
memory by referring to the notes in question. He then
repeated the following as the evidence of Vivian : I am
an assistant in No. 11 ward. There were three assistants
in No. 11 ward at the time of the death of William
Swift. There were forty-three patients, some of them
at times violeat. On Thursday, MaY 10th, at half-past
one o'clock, deceased was much excited. On Saturday,
May 12th, he said he had been working very hard all
night. That was in his bedroom, which was a padded
room. There are only two rooms in that ward which
are padded. The deceased had not shown any violence
while in that ward. On Saturday evening, about
6.30, he was seized with an epileptic At. I took bim to
the padded room and remained with him till the fit
w4s Q.Yer. I and my fellow-attendant, Slater,
were with him. I left him alone for ten minutes to
attend to other patients. I then went with another
attendant to him, and he said he was better, I undres-
sed him and put him to bed. I had to attend to the
other patients' suppers. I then took the deceased his
supper, and found him in a very low state, I sent for
Mr. Tyerman at twenty rainaes to eight o'clock. I
remained with him till Mr. Tyerman came, which was
three minutes afterwards. He was then dead. I know
that he had a struggle in C ward, but did not knew
that he had sustained any injuries. He had said
nothing about any injuries. He was very talkative.
He might have been out of sight of Iva attendant for a
short time. He was not, BQ far as I know, the subject
of any violence fr.otn another person while he was under
my charge.
Cross-examined by Mr. Lewis : I took such portions
only as, I thought fit, not the whole of the statements
made by him.
Other witnesses were eintnineci.
Mr. Lewis- A:Ad the jtvy visit the wards before giving
this verdict do not know, They left the room. The
verdict was an open one.
William Gann—l am one of the attendants at the
Colney-hatch Asylum.. I attend in C ward. The
deceased William Swift was in that ward from the Bth
of March till Monday, 11th of May. On Wednesday
evening, 9th May, Swift was in his bedroom, and in
consequence of a noise there went •to the door. 1
unlocked the door, awl before I had time to speak to
Swift be struck me in the e)4 and seized me by the
necktie, saying, " I have got you now, you —." Find-
ing that I was nearly strangled, I called Frost, a patient,
and desired him to go for assistance. I struck Swift in
the pit of the stomach, and we fell to tin earth. I
know nothing more after that till I was released by
Reed, another attendant. When I came to myself
Swift was in his bed. I used- no more violence than
was necessary.
To Mr.-Henry—l became insensible from strangula-
tion, I suppose. When I came to myself, I was bleed-
ing from the nose and mouth.
To Mr. Sleigh—l did not fall von hint. This
occurred in his bedroom, which is not a padded room.
I did not mention that I had bled from the nose and the
month. When I unlocked the door and let him out of
his bedroom, about tPn minuted p9Rt aiy n'elook ;n (ho
morning, he appeared as well as usual. He showed
me a bruise on the pit of his stomach, which I reported.
He only said, " Look at this bruise." *did not make
any allusion to the struggle which took place the pre-
vius night. He used to sweep the ward out every morn-
ing. That morning he came and asked for his broom as
usual. I thought it right not to give it to him. He
was abellt the ward that morning as usual, and took his
breakfast as WO. At one o'clock he sat down to his
dinner, and enjoyed it as usual. There did not appear
to be anything amiss with him. After dinner he was
removed to No. 11 ward by order of Mr. Tanner, and
handed him over to the attendants, Grover and Vivian&
Cross-examined—He was very much excited on that
occasion. He laboured under a delusion about seeing
the Queen, and many other delusions, When he struck
me he appeared to have no self-oontrol or knowledge.
I have finind that after a fit of excitement some patients
recollect, and some do not recollect, what has occurred
during the paroxysm. Swift was a strong, powerful
man, and it required great exertion to throw him down.
Mr. Sleigh said Mr. Lewis was assuming that Gann
had thrown him down, which was nut what the witness
said.

Gang---74 struck him and he fell. We both fell
together.
Mr. Lewis—Was it a violent blow ?
Witness—l struck him as hard as I could, not neav
the breast bone. I cannot say how violent it was,.
Mr. Lewis—Had you your arms round bim •
Witness—No ;he had hod my neck-tie. I can-
not tell whether he ;e.t go When we fell, as I then became
insensible. I had not hold of his tie ; he had none on
he was in his shirt. There are fifteen or sixteen wards
in the asylum. Patients from other wards who are
refractory are sent to No. 11 ward. I have never done
any duty in that ward. Nast' examined before the
coroner. I fell on my side. I might have said to the
coroner that I did not know how I tell. When Swift
came to the asylum in March there were traces of iikitwie.9
on the wrist. I have seen Swift sparring in the wards,
and blowing in men's mouths. I cannot say whether
he got blows og his ribs. I ouce saw him with a black
eye ; that vas in March. Ile.used t o blow in men's
mouths, saying it would cure them. It was a boarded
floor where we fell.

Charles Read—l am one of the attendants, and had
charge of the C Ward. I remember on the evening of
the 9th of May being called to the assistance of the last
witness by one of the patients. I went to Swift's room,
and on entering I found Gann lying on the-floor. Swift
had got Gann fixed by the neck. I took hold of his
hand and asked him to leave go. He did so directly.
I told him to get into bed, and he did so directly. I and
Gann came out of the room together. I looked the door
on him (Swift). Gann was Weeding at the mouth and
nose. Swift did not appear as if he had suffered any
injury. He was a little excited. I visited him again
the same night, about ten minutes to eight, nearly an
hour after we left him. He appeared to be in a very
good state, and spoke very cheerfully. I could not see
that he was at all excited then. He did not appear to
be suffering from any excitement, nor did he complain
of any injury. I saw him next day. He appeared to
me in his usual health and spirits.
To Mr. Henry—When I went into the room Swift
was rising ou his knees, and still holding Gann by the
necktie. Gann was down, and he was holding him down.
Cross-examined—l have been two years in the asylum.
I have seen lunatics mach ill-treated by the lunatics.
Mr. I.4ewis—dlave those who were injured complained
of pain
Witness—Yes, they have. I have known Swift to be
violent very often. He never said anything to me about
the bruises. He was not my patient.
To Mr. Henry—There was Flo bedstead in the room.
He slept on a mattress on the floor. There were no
tables or chairs—nothing but a mattseeg en the floor.
Thomas John Ford—l auk one of the head attendants
on the male si,dc, of the asylum at Colney-hatch. On
Saturday, the day on which Swift died, I saw him be-
tween foal. and Ave o'clock, to the best of my recollec-
tion. The ward No. 11 is not under my charge ; but I
visited it in the absance of my colleague, who had gone
out. He appeared to be in his ordinary health and
spirits. I know the padded-room ; in that room there
is no bedstead, chair, or other furniture, except the pro-
jecting fixture which supports the night pan. That is
padded like the rest of the room. The bed 1a on, thepadded floor. There is nothiu,g that t 1 patieubtacotuhladt
of s
knock himself against.
Mr. wiry -711$ is the same in, all the padded mains.
Therew Swift's are bedsteads cls tbeeaed:
removedinthepnauot imnerkbaeteSre'
account
patients present,
bedrooms, nfhis violence.
Cross-examined—lt was in the airing court that I saw
Swift. There were a
great
strain,
saying that he had killed 300 Catho-
Omit 40. He did not complain of any injury.
He
spol;e, to me. He always did, He spoke in his usual
lhi iegs h. -filo Nhvantwas an old delusion of his, and he was
to me
Mr. Lewis—That put him in high
spirits,
eappclse.
Witness—He was iu his ustAl eptrite.
always saying it .
Mr. Sleigh—l 4v,e now, sjr, completed the evidence
regercli Vitt fa'ete, aua gout to call several medical
.b •

gentlemen of eminence, to whom I shall lave to put
several questions as to the cause of death. I apprehend
that the most convenient course will be to read over to
those gentlemen the evidence of the medical men who
have already been examined, and then to ask them, after
hearing that evidence, what is their opinion as to the
cause of death.
Mr. Henry—l think, Mr. Sleigh, we must have the
whole of the depositions read over, as the medical
gentlemen must judge from the whole of the circum-
stances, taken in connection with each other.
The depositions were accordingly read over by Mr.
Barnaby.

Mr. James Luke, 37, Broad-street-buildings, City—l
am vice-president of the Royal College of Surgeons,
senior surgeon of London Hospital, and 'also surgeon to
St. Luke's Hospital for Lunatics. I have had consider-
able experience as a surgeon, and with respect to the
treatment of lunatics. I see all the patients as admitted
at St. Luke's. I have heard the medical and other
evidence in this case. I have heard described the
appearances upon the post mortem examination of the
deceased. In my opinion, he died from the effects of
the injuries generally, as described in the account of the
post marten: examination. From that description I think
those injuries were inflicted all at one time, with the
exception of the- external mark on the abdomen. The
internal injuries, I should think, were all inflicted at one
time. I should think that death followed speedily-on
those injuries. -
Mr. Sleigh: In your opinion, could a person, having.
received, these injuries, walk about in apparent health,
and his constitution exhibit no derangement, and the
pulse give no indication of it ?
Witness :
Mr. Sleigh : In your opinion, and according to your
judgment, is that impossible?
Witiess : It is. • -
Mr. Sleigh : Do you think, supposing the person who
suffered these injuries -to be in a state of insanity, would
that make any material difference ? •
Witness I think not any material difference.
Mr. Sleigh : Might those injuries be produced by
•
external pressure, without necessarily producing any
external marks of violence ?

Witness: It might be so. - _ _
Mr. Henry : You ought to ask if he thinks it could
have incurred on the Wednesday.
Mr. Sleigh In,your judgment 7could.the injury have
been inflicted on the Wednesday preceding his death on
the Saturday?
Witness—No. I think not. My reason is, because
there is no statement of inflammation having occurred
in the medical evidence relating to the post mortein
examination, which I should have expected had the
injury been inflicted on the Wednesday, as suggested.
Mr. Sleigh—Had there been an inflammation, would
the pulse have indicated it ?
Witness—lt probably would.
Mr. Sleigh—And the respiration would have been
seeded?. .
Witness—There would have been extreme difficulty of
breathing; that is, if the patient could have survived.
Mr. Lewis—ls it simply because there was no inflam-
mation, that you think it could not have occurred on
Wednesday ?
Witness—Not simply or solely for that reason. That
is one of
,my reasons. I think a person might have
eleven ribs and the breast-bone broken without any I
external ecchymosis or discoloration.
Mr. Lewis—lf they had received the injuries from
kicks or bloWs ? •
Witnesi—Yes ; if his clothes were on.
Mr. Lewis—From blows of the fist?
Witness--I don't think it possible that blows with the
fist oould have.done all this mischief. I differ from the
other medical witnesses in saying that these injuries
could not have been inflicted without producing eechy-
mosis oi• external discoloration. I also differ from them
in saying that the injuries might have been inflicted on
the Wednesday. A man with one or two ribs broken
might go oho* without exhibiting much inconvenience,
but notwithent some. His being a lunatic would make
na material difference in that respect. If Mr. Tucker
says it would, I differ from him. There are cases of
lunatics having injured themselves, and made no com-
plaint. No doubt there are occasional instances of
insensibility to pain, but in such cases there are other
symptoms. My impression is, that the fractured ribs
would have caused death immediately. He could not
have lived without distressing symptoms, which could
not be masked.
. Mr. Richard Partridge, New-street, Spring-gardens—
I am one of the surgeons at King's College, and pro-
fessor of anatomy. I am one of the council of the Royal
College of Surgeons. I have heard the description of
the injuries inflicted on the deceased as they appeared
at the post mortem examination, and also the evidence
as to what occurred on the Saturday and the previous
Wednesday. lam of opinion that those injuries pro-
duced death speedily after. their infliction. In my
judgment, from-experience, it is imposSible that those
injuries could have been inflicted on the Wednesday,
and have been in the state described 'on Saturday. I
uut:gu nu tha gm to say that he might not have lived
till the Saturday. In my opinion the respiration of the
deceased, as well as his pulse, would have been affected
by the injuries to the chest. I give that opinion with
reference to the man being of unsound mind. I do not
consider it makes any material difference in this respect.
I know, of own knowledge, that precisely the injuries
described may be produced without the slightest external
mark.

Mr. Lewis—A man could not have received that
amount of fracture of the ribs on the Wednesday without
showing signs of it until eaturday.
Re-examined—=l have no doubt that all those internal
injuries, the fracture of the sternum and ribs, and the
rapture of the liver, were caused at one time. All
might have been produced by the forcible leaning of a
man on the body of deceased,

,To Mr. Lewis—lf a man fell from a height it might
produce those injuries ; but if he were in a room and
fell forward in a fit, certainly not.
'Mr. Sleigh—That, sir, is the evidence on which I
ask_you_to_commit the prisoners for trial for man-
slaughter.

I.fr.• Lewis then addressed the. magistrate for the
defence. He contended that the evidence of Clark and
Varney was wholly unsupported: He acknowledged
that they 144 given. their evidence in,a manner which
certginly produced the impression that they were speak-
ing the trtith, but then it was well known that lunatics.
bad great 'power of simulation, and would often stand
long cross-examinations by learned counsel without ex-
hibiting any signs of their insanity. The second assault
reated wholly on the evidence of Clark, as Varney spoke
only as to the assault on Friday. Having every oppor-
tunity, Swift never complained of that assault. Mr,
Tyernian had declared that he would not place any,
reliance on Clark's evidence, if unsupported.
Mr. Henry—lt is most materially supported by the
medical evidence which has been given to-day.
/dr, Lewis contended that the confirmation only went
to the fact of the-injuriei being inflicted, and not to the
material fact of the prisoners being the persons wbo did
it. Mr. Lewis also pointed out the discrepancy in the
medical evidence. He supposed that the gentlemen
who attended to-day were called because the prosecution
were. not satisfied with the opinions of Mr. Tyerman
and Dr. Turner.
kr. Henry—Neither of whom pretended to have much
experience in these matters. They candidly said they,
had not.
Mr. Lewis, after commenting on some other points
in the evidence, concluded by again asking the magis-
trate tiet-,.v§ oommit on the unsupported testimony of
twq
Mr. Henry—l again say that Ido not consider it to
be unsupported. It is materially confirmed by the
medical testimony. I will not make any comments, as
I do not wish to indicate any opinion as to their guilt or
innocence. I shall only say that this is a case which ,
must go before a jury.

Mr. Lewis—l understood that you would take bail,
sir ?

Mr. Henry_—Yes. The evideneo-4,0f eo peculiar a
nature that I will accept bail, iu two sureties each of
£5O, and their ctva, recognisances of .410 Q each.
'lnspector Mckenzie, who was bound over to prose-
cAte, stated that he apprehended the; prisoners on a
warrant. He found Vivian concealed in a water-eloset
at his lodgings.
Ole prisoners were committed for trial.
13ril was found for Slater, but not for ViVittli.