The Express.
London, England, 1855-08-06 00:00:00

ASSIZE INTELLIGENCE.

MIDLAND ClRCUlT.—Wmoncir, Aucona:4.

BOOM 1111. SOMCI
TIE 4:101IN O. ALT/Tin AND BLOUNT.
At tie Ada, of the court this morning, the crown pro-
, seentians were resumed. The first ease taken was • joint
ladieneut against the gaoler and the surgeon, Sir Frederick
Meager being specially retained for the latter. The second
gout Ia the indictment charged that the two defendants
did, ea the 7th of July, 1852, maks an assault upon Samuel
Hut, a prisoner in the Birmingham Borough prisoe, by
blade" him with straps in • strait jacket, and forcing into
his mouth quantities of salt; the third count charged with
heating ad ill-treating, and the fourth with a common
sue alt.
Mr. Mel:or, Q.C., stated the fasts. On the 7th of July
(es above stated), a person named Samuel Hunt was
received at the gaol, to which he had been ono
mimed fee fourteen days for drunkenness. He had bee. in
the prison several times before, and was known
as • person of most suitable temperament, sad '
partially insane. Hs exhibited some degree of violence of
moaner on the occasion of his reception at the prison ; sad
I. oonnquence of this he was ordered to be pat into the
strait jWut, the surgeon sod paler being both pretest,
sad otherwise treated in a manner contrary to the spirit of
the statute, • degree of henbane being used which he
believed could not be explained or apologised for in say
way. It appeared that whilst the jacket was bring put on
the prisoner's excitement of manner increased, and it was
under sire instances of this ki-d that the surgeon committed
an claw es be believed, of • most grave character. There
was a pia, of salt lying upon the window of the cell. Mr.
Must ordered the warder to fetch it, end when be bed
doss so, be himself pet it into Hunt's mouth. This done be
seat the warder to another cell to fetch more, and having
received it he repeated the dose. This was the spontaneous
US of the surgeon ; bat ha (the learned counsel)
ageoldered the gaoler equally guilty for not interferieg.
These facts would be sworn to by wanness who were pre-
semt,—persons whose testimony could not be impeached in
nay way. Conduct like this on the pert of the defendants
veld not under any circumstances be justilisd. That the
Mena wee committed was beyond all doubt, and left t' e
jury no alternstive, however painful it might be, but to
°soviet the defendants.
The first witness called was Daniel Hartwell, warehouse-
man, in Birmingham. In 1852 was a messenger at the gaol;
in that time recollected a prisoner named Samuel Hut being
brought in. We generally considered in the prisms that he
was of sosound mud. Remembered the punishment-jacket
being pat upon him. At the time this was done, the sur-
geon. the governor, Mr. Puree, Mr. Wood. and himself
wire present. This was done in the reception cell, the pri-
sonernseking a disturbance at the time. He called oat, and
refused to go into the reeepdon.eoll. The jacket was pet
cm by order of the governor. While this was being done
Sot tried to bite any one who came sear him. At that
• I thought he did not know what he wet about. Whilst
he woe attempting to bite there was a piece of salt lying is the
window, and the surgeon asked me to give it to him. The
salt wee two inches square. I did give the salt to Mr.
Blount, the se/geed, and he crushed it into Hnot'e
math. Pearce sad Wood were putting the jacket on
at the time. The prisoner spit out the salt, and then the
surgeon asked me for more, which I fetched from another
eall. I brought • little bit about the same size as the first,
and gave It to the tatooon, and he put it into the man's
month, he being held at the time, and the jacket was on him.
Hut again spit out the salt. The second piece was put
innate prisoner's month all at once. It was not so large as
the first. If pounded, it might make a table impotent
After this witness left the cell, leaving the prisoner and
others in it.
By Sir Frederick Thesiger—Did not know how long
Hut remained in the gaol after this occurrence. I went
dawn to the reception-eel when Hunt was received at the
gaol, inconsequent* of • disturbance I beard. I found the
prisoner struggling with Wood. He was trying to bite
him, and was kicking and wrestling. I assisted, and ulti•
mately we got him into the cell. At this time the prisoner
was naked. He had been in the bath, and was em
hie way to the cell where the prison dress was put upon him,
the prisoner all the time resisting violently. Thought the
governor and surgeon came together to the sell at that
time; believed they usameesied putting ea the jacket after
the former ached, beg did set reasaber hearing the
orders glom M dem. Hut was not stropped to the wall.
At the elms the salt was put into the prisoner's mouth be
was attempt/agile bite. Was positive that the salt was pat
into Hues ism* mere than mos.
By the Jedge—There are not any hammock irons in the
reseption co. egoently there were no means of strap-
piegizpiimener ei the wall.
Weed, memenger to the guardians of the poor at
Birmisehans, was a lint else, warder in the gaol of that
tows la July 1862; remembered Hunt being brought to the
nisi a a renew. He was a very violent man. Witness
MA balers kin before. He had been in the
prism tee tines, and was always considered to
be of enema mind. On We occasion winnow
toothed him from the van. The governor was present.
Neat Imbed very strange and flares; he was taken first to
the noseglits cell, and afterwards to the bath. Whilst he
MO and OSSallldin by the surgeon he was jerking about
gad seemed aif emeelliegelemmis was model on him By
nazis, bin Mame gee ids se go Ms the bath. Oa his
my teem Ate the gee
pies= and witness had
aWe eel both were ea the low together ; with the as•
shims of Hartwell be seas got int* the sell where he wee
subbed deem with a ilemei, and after meek difilcalty his
shirt sad Ireesen were get en. Hunt beteg still extremely
violent the governor woe seat for, and sewafterbit strived
Penes Mowed with • straitjacket, whisk the governor
seined him (witness) to pite
the
_prisoner. Weed
thee Embed the mit the
debeisst (Bleent)'preekely in the momf seated by
by the
lest Wises. He added that the salt made w primmer
tree el Me meth.
By IhisaniaThedgeg—The presser was subject to epi-
belle When the mil tempeilete the prisoner's mouth
be mg seiloneserkg M bbe miry see who cane near him.
Hbs bed base WI to hissed( be might have got well well-
ing Oaths josh*
The. b
the ewe kg the prosentioe, Bir Biologie
ea sisimeat and Impreadmemissicen he-
arer. disilindant Ifiseel. He gelled the slithy;
mem s
wit-
Dr. Imo* Rodgers. tonseely out resident at Air-
-1
, sled 11141104•1 examiner in the Leedom
I=Zility, had hams the defendant Mout for several
yeses, be imvin bees his pupil. Witham had always had

aleighemialea el ids skill sad humanity. I. reply to the
jutzlirmnr. Halves said be would met have applied
to
y in flat's ewe, ft being seautimes resorted to
whoa pongee were Ma sapid, net en suitable state.
Dr. B. Flambee, a phsskilut la Birmingham' had keewa
Meant for sixteen or animism peers sad sineelee had been
is preetiee. Hie conduct was good to persons under his care.
Mr. Thome. Green, surgeon to the Lunatic Asylum, gave
similu testimony. He believed Hr. Blount to be incapable
of en eat of enmity.
The Bev. H. Pile% of Leamington, formerly chaplain of
the gaol at Birmingham, had knoen Blown for several
rears. Wee sure that asything is the shape of cruelty was
"
to his eaters. Vet witness.. &poised to the same effect.
Mr. lielkw, in his reply, contended that nothing could be
more misabievous than that tee jury should sanction in
any way the application of salt under the circumstances
I. which it bad been applied to the prisoner Hunt; in the
state in which be was, it was neither wise, judicious, nor
humane to do so, nor could it in the slightest degree be
justified.
The Joey conferred fir about ten minutes, and then re-
tained a verdict of Not Guilty against both defendants.

A second indictment. containing eleven counts, charged
Mr. Blount with omitting to make certain entries in the
prison registers, as required by the rules ; and with treat
Leg medically a sick prisoner, named Dodson, in his cell,
instead of causing him to be removed to the infirmary. By
the advice of his counsel, the defendant pleaded guilty to
ail counts in the indictment with certain reservations; and
the others were not premed. With reference to the omis-
sion to make the required entries, Sir Frederic Thesiger
mid, that though certain prescribed rules had not been
complied with, there had been a multiplicity of entries In
the books ; tee fart was that a lox system had sprung sp in
the gaol, and neither the visiting magistrates, nor Mr. Perry,
the prison inspector, had ever complained of the omissions
for which this indictment was laid. As to the removal of
the sick prisoner to the Infirmary, the answer of Mr. Blount
wee that he could be better treated in his cell.
An indictment containing similar charges for omitting to
' make entries relative to the punishment of prisoners was
preferred against Lieut. Austen, to which, by the advice of
Mr. Kettle, he also pleaded guilty, and as in the residue of
the indictments, a node Ramjet was entered by the crown.
The defendants will in all probability be called up to
ramie* judgment next term.
Mears. J. W. and Wbateley, of Birmingham, con-
ducted the case on behalf of the crown.

NORTHERN CIRCUIT.—CARLISLE, Alio. 4.

SIMI Mak PALOS PLATT.

SHOOTING WITH INTENT TO MURDER.
Finning Coward, aged 87 (no occupation, and well in-
strusted), was iodised for feloniously shooting at James
M'Neil, with intent to murder him, at Maryport, on the
14th of lurch.
Mr. Ostend, Q.C., and Mr. Brett appeared for the pro-
seeution ; Mr. Monk for the defence.
The prisoner pleaded guilty, it sou stated, by the advise
of his counsel, but his lordship directed that the plea el
"rot guilty" should be sutured.
Ovened then stated the ease for the prosodies.
James M'Neil, the prosecutor, said that the peloonos, wbo
was at the time a tide-waiter at Maryport, wi.s martled MjW
lister in 184 L In 1852 the prisoner removed to Lissimel,
having flat sold off some property at Wbitehaves. He
afterwards, in opposition to witness's advice, emigrated ea
Australis, tto wife remaiaing in England. After be bad
li ft she had some conversation with witness, in which she
stated that her husband had given her leave to Jai
him in Australia. She subsequently sailed to Australis
in the Lord George Reattach. When the rigour 11114
Ragland he entrusted his affairs to witness's hands. Oa Ids'
return witness rendered him an account of all he bad, sad
returned him his documents and everything to his satisfai.-
ties. On the 27th of February prism er came to his bout*,
and charged him with sending his wife and family to Aus-
tralia, that he had boom placed thereby in a bad position,
and that witness must give him 6001. as a recompense. He
also said that his wife had conducted herself badly with
Captain Robinson, of the Lhrd George Bentinek, while on
the voyage out, and that when he heard she hod left Rag-
land he was fit to go mad. He struck the table, and was
most violent In his manner. He then left, telling witness to
consider about the 6001. A fortnight afterwards be came
again and said " Well, are you going to give me
that 6001." Witham replied, "Of course I am not."
Prisoner said, " Then I will blow your brains out,"
and immediately drew • pistol from his breast pocket.
Witness seised the barrel, and a struggle ensued. At last
witness let go of the pistol, and ran into the street, followed
by the prisoner, wbo fired at him without effect. They
were then about nine feet apart. Prisons then drew out a
monad pistol, and fired again. The ball struck vitalise in
the breast, sod glancing off a button wog afterwards taken
out from ander his left arm-pit with • piece of his gold chain,
and particles of his clothinagg.
Other witneme,ooaf><md the prosecutor's statement as to
the shooting.
William Haugh, polies officer, who arrested the prisoner,
said that he (prisoner) exclaimed, " I have dons it. They
hays robbed me of my wife ; they have robbed me of my
money ; they have robbed me of my home ; they have
robbed me of 6001., and all the pleasures in this world." He
said be knew he should be bung for it, but death was pre-
ferable to such a miserable existence.
Reda Wood, satimaku, deposed to statements made to
him by the prisoner, who acensed M'Neil of behaving like a
villain to him, and robbing him of his all. Prisoner added
that he had then no home, no wife, no money, and what he
was suffering was hell upon earth.
The crass-examination did not shake the testimony of any
of the witnesses for the prosecution, nor was theta any evi-
dence offered to show that M'Neil was concerned in the
prisoner's affairs as had been alleged.
Mr. Monek for the defence, pleaded insanity.
His Lordship in summing up said there was so ground
for each • plea.
The jury returned a verdict of Guilty.
In reply to the usual question, the prisoner said that the
injuries he had sustained preyed upon his mind, and drove
him to the set.
The Judge—We tea pity your eau, but cannot Justify
the means you took to express your feelings.
The prisoner was then sentenced to be transported for life.