The Express.
London, England, 1855-08-04 00:00:00

SOUTH WHSTIRN RAILWAY.

ASSIZE INIEWGENCE.

MIDLAND CIRCUIT.—WAinvics, Arever 3.

RIOTNA G AUSTIN (e. I.)—icamistimAG GAOL alanyrtw.
This was a peowa.tion institutodly thiittornoy General
ea the part the aroma spinet leisatowat stacia, B. N.
tato Gowan of WBorough Gaol, at Birmingham,Mei
*utak' mashies all•pd to haws boss practised towards the
;abloom ttador his can. In all, there wore eight indict-
meats in this proseeutbas ; ive stalest the present dofsadaat
Individually ; and two spinet him sod Blount jointly; the
latter Wog at the time somas at the gaol, sad Ask• groat
Blount individually for omitting to keep proper bee to
compliance with the sot of mailman. The whole of the
indictments went before the grand jury at the hut wires.
At the instances of Os prosocutioa the trial was traversed
by the doloadocits to those assizes, and moved to tho NW
Priem Coma.

-The-iii;;;lnniameso slider which this prostration arose
will be in therensileolion of our readers. Is the mouth of
April! 1862. Oft named Andrews committed suicide it the
Birstoghom 044, and partly in consequence of the ratites
elicited at the ingesest, it transpired that many scree( cruelty
bad been mumaitted towards the Janette of the Reel; the
result was that a commission of inquiry was instituted by
Lend Palmerston, then Home tieentary. The commis-
sioaers sat for 13 days ; a mat number of witneaen were
essmiasd, and some diselosares of a very remarkable cha-
racter were made, which were reported in the Daily Nam
at the time. _ _

Mr. Meier. Q.C., Mr. Hayes, tad Mr. Bitthates, con-
ducted the case on the part of the crown. Sir Puristic's
Thesiser. Mr. &deist Hiller, and Mr. Field, for the de-
fendant Blount; Mr. Kettle (of the Oaford circuit), sad
Mr. Wells, fee Lieutenant Annie.
Mr. Bittlsetes, is opening the case of the stet charge
against Liss a. Attalla, abated that the ant indictment con-
t►ined nine meats, whirl with some variance charged the
defendant, • of the gaol at Birmingham, with
committing waisea sob of assault upon the person of a
prisoner sawed Awing's; amongst others by fastening hiss
to the wall is a strait waistcoat—with assaulting, besting,
and ill.trulabi him, end the two lust menu were charges
for arms assaults.

Mr. Mae/thee proceeded to gin as outline of the ere
far the tics. He said that in 1861, on the croft-
Voodoo of the new gaol at Birmingham, Cant. Manossetti•
we, mitileiseed Inventor, but that in 1866, differneas
wring arisen between him sad the borough justiese, as the
22nd of Owens le that year Lieut. Amen was appointed
to the °Mee is his stead. It appeared that is the yew
1863 a boy aimed Andrews, a printer is the gaol, eon-
nutted 51111140. sad in cossequeseed the revelations at the
inquest, the Home Secretary Mimi the mailer to Mr.
Perry, the prison inspector, wheats& amen, which was
laid before the magistrates ; and. adtfassaele. a otentietion
wee based ander the Great Seel, a Mr. Webby,
the awarder of Chester, Cap a Williams, nd Dr.
Bs Uie, the then 001•1311/Ii01111111. They ismaneeneed
their sittings on the 30th of August sad aimed
them on the 13th of September. In the course
of the next year their report was laid before parliament,
and nbeenently, node, the advise of the Attorney and
Solicitor Generals, indictments were preferred 'genet the
defeadaats, which wen laid before the grand jury at the last
union ; these wen traversed by the defendants themselves,
and the ease was now to be tried in this wart. The loosen
counsel wanton to 5, scribe the system of punishment esta-
blished by the defendant as not only illegal, but positively
cruel and unendurable. In the month of March a boy,
named Andrews, was committed to tie gaol on a summary
conviction, for stealing beef; he had been twice before is
gaol; he was • feeble sad delicate boy, and not by any
means I good health. Notwithstanding this, he was,
on the 30th of March, placed to hard labour
at the creak, • marbles fastened to the wall,
and saltiest to regulation as to the amount of
strength required in performing the revolutions
of the handle. The system at the Birmingham prima was
to Ix the revolutions at 10,000 a day, of which 2,000 was
to be performed before breakfast, four mon before dinner,
and the remainder before supper. Oa the 31st of March
Andrews was unable to do hie work ; hie ardiaary food was
stopped in eousequeace, and he wee placed on breed and
water diet. The boy was repeatedly punished is • similar
afterwarde He was put on breed and water on
U.ree Soudan by the warder; the punishmest on one of
thew days being afterwards remitted by the governor. Oa
the 16:b of April, having broken the glees of the indicator,
be wee put is the punishment jacket, which consisted °fait
ordinary strait waistcoat with straps; a collar was
plasekreusol the neck, and In this state the primmer was
napped to eel wall. This illegalised* of punishment wee
esallased on wales days in the swath of April. Os more
than ens roaseles Ashen wee found in • fainting state;
whilst stepped le the well cold water was thrown apes him,'
on the assonsptima that he was shamming fainting. On the
20th of April be wee deprived of his bed until 10 o'clock at
night; on the 27th, he performed 12.000 revolution at the
crank, and at 10 o'clock that night be was found dead In
his cell, having hug himself with his pockettandlorehief
and a strap from a bar in the window. This secureste
led to the appointment of the commission of is-
lie (the learned counsel) had now gone
through the outline of this ease as shortly so he
wad. be bed been unable to do so without Nee degree of
mans from the psesliuly painful meters et the sees and
the etresameteseee under which this an fortunes be ease by
his death. The evidence he had to submit woeld.he was son,
receive their best attention, and that, however, ihelsolag
it might be, they would do the duty rsesbeeet the. by
the evidence.

The Set witness a.Ue4 wee Mr. G. W. Hiilyard, the
wont greentor of the Seel, els penined the receiving-
both, neeediag the time at Midi phenol outer gaol.
1. the Sat inane the entry et Uth March,the 11163,
showed a reseed that Ideraell Arbon was rewired
in the nrisen; sabsequatly be resolved • am-
ber " 674,' by_ wild* he liscane thereafter kaown.
Oa the et marsh there was en entry " NA doing teak,
ea hard•laiseer wank far two days, two days bread and
wear." Oa the 14th of April in the sans year there ern
ea envy. " Fuddied 674, shouting sad bilking ia hie sell,
three legq housinadlowater on Sundays". Oa the 16th of
April, soarker 'soy. "Not performing teak oa hard.laboar
mak, sae day Inal.end-water." Agate ea the 17th,
" Famished 674 regantodly, being key sad bre=larel.
linear weak, Wes days lasadosathwaSee, sad
=" Oa the 19th IS Aga% " set ding task as bard-
crank, 674, en day hard Maar. is yanithaient
nalost." On Friday, wild, tho ealrfneeedisd=t
me of day braad•end mono Oa the
ketillthalth cell "674," orohltnent Jacket, winos
mama Soignee sad stiff nether seller used fainlog
tessaigreheaente.) Wilma wen en is say that he had
use of the wanks meth obi& ane en up in or
of the non of the MIL In erese-esseanatha
by Mr. the winos and that he amnion the
saMr.ti plena a of Counties.
n Justin Otheidge said the Has of animals wee
saw ell bat loaskaary.
Mainindes nemed—Then is ae architectural dia-
stase law Indldieg. Antis 1,81 renew of the House of
Oornetien aswellasgeswsard the geol. The boy Authors
unseat to the Hone of Conemalea.
_ _

rh• /salmis( M UP AMINO' Me d, submitted to the
tartesta the MI Ina
Iheisaposey poem pm eeleiall as. • set temp for the
ale ereebessamp Mae ild, 11114 saw Fiore 01 later* o lore
art WINE reheard elie WIIMISLI hid Ws 01N•
C66Dorrher 11114.111101. ea O
we.l sire paid gp.
41. Ws. Id.; Wires nualkhis Ike illehoin6 145,4131.11 e. 141.
Ode era the dinars swormal Or a divided for re hal&
peer. at the rate et 41. Ts. Ili oer ant. per saner be adored,
elnewstlng ea 6.7164401. 146.3221. 116 116; sad co
116193 t, as coils the 141. and 361. dune far 26 days. to
1321. 116 116 ; Irving to he emir over to the nest riii.paer.
WI 1. la Id.
TM teener to the won mere tar the balt.yeer, over the nine
purled 1464,14 ld.
The Ibilowiag table shownre actual and relative rims of the
trent tar the two periods :
Ibilielizar Mrs Total Working Net
Opsa. Receipts. Ziperes. larawa.
Josh 11134 ... 231 74,101 3 2 131.043 1 I 4 111,431 II
Jae. 1133 ... 111.111 3 3 116.613 3 0 MAW 6 II
MIMS. ... U WS 16 1 1.445 11 7 WAN
The senerned rhino el War Awn Y 1110 3116111Wg
Ohs* tamers serme. lasim • SISINSpiesI elf
▪ seeleemitep dreeeler se egerto.
vies the Pileif silks Is the semseld eeM wed
tails Isl 6 ambaseels It will be droned Oa% the pees
Wean et as mum tar the hearer is 1411111. Id., the
seasest et
lAA iresee eras the heed et welkin =ppm le may
1/e. la
The lest omit= m the eespeay bee lasesseed aria the halt-
hoes
headleree sap et 64716 Ile. eetill km bets sea
IMOMI
aemesestecs Use empsy. lborsisi le paw appedes
hes mow Isom • grievous WNW%
er
lesieleture Set ma est seetimmits I • view te
tut teat yi& me, leap dose peemleels
bp= t P
the setheddp lies
INN el Trees.

the; al Newt MEI die mempsofs wastes seporkeftent
moue* tom eft* It MO le aft dot tlft retina oak io la pod
orerhfte eves. Urge tow a.m, oft torrledft sod vow=
haft boo ilk donor Ni to belt.per, at the eleame et revere&
The And= heft embed ofrea throe albs at Ni IN bolsor
Iltleedea te oft* soolimean tft patio eseiglelel le
that paid bet pew. Moo haft oileerewed sillftaal dupers to
he pissed theareaftrat do abide d fts Soefteftelas awe Deftheder
loesoe some raw ofteeplo teats rod. Ilmo leressee todeit et
the trews sea aegifto ism/ bo the saildoesl trade ea That be
rooftree thisaidostft. the empowo et these lopollalleMe 1110 be
Abroad wino &Wig die mime ft eider/IMM al
Were. ofte a poise.
Penorat le Ni nellalha at the at lbe Mop I
midst r Fetftery kr* Ni awa N. lad.eiesaire
the* the perr.lthi. aid Ora readieiz:s dtW of Ihromes
now eftses. awl lOW. M. W. ft do Mit et So.
Imam Iftelne sad Illoopelleedeoft ealloa" bon blobdoltra
to
tithe= seem& et dos sompaeo Sup:ct td=
aa mead et 1.1071. 316 file bus
awl thread UAW ft U. fat OW. Midi Ye beta ire le •
semet, to await the taboo delamftedia at dams
A See lora dip too loft bill dative the pest biltysst Or doe
Nemeeddletz La upon of mien the Good Tart,
Idea hid kir the who.
✓asead k seem iraderftgail a Ihmerwal had raised lor
that mew. mg Seem/ Tusk to dlaposed et.
Me waft hesoSlza oserawardel Is the prepitlas re.
ollelleor ansedel 11114. vita IMO ireedatel
pedheoftt ft the et Ike pmeolftyast. Until ts
tow owe thee It hespeed Oft It alll4 eel ft Al=
Imes. etroseoft MpOlaW ewe* at peoffike. le aMI le imam toe eon t will It vas Mufti/ le sir&
Om aremike. Ism ha =ebb OM lbe
wen ulftelt ergo% Use peoters odd& a amelladloo
Ole deft of ohs rossel pill se die per 'Oa enema Awe
gel bt btftetkftl* weal ame. at AIM si
roomo ft rupee, ateldtOole le seem se as *lid wefts
la loped et the empfteeeeellieri aftlk. Mims be the
Ile gati/di to *Ora feellmoot he ma set to
orhe ma WNW le WM as amen Ad It los
Ms Demi 61 dips yam abeam is mho Me eliolise MMus ammo as immossous. Ile Olin Si Imp "Ida •
team ot aftwefto. prat kr ens sepind r mewl as
wassmn teals, ars• woe se amount Ie don% esat=odtallo
adoes soot sidftllB. it will be lb Oft sett OOP
froaseme Oil mottlftal ID** Ilikifeig DIDDIMI
voslat. ft er do maze hri Qom loe
.81=8.21/si •pl
ada& le

Willis. Brown was a itsi:OC;ardaa in the Birming-
ham gaol in May, 1863. Remembered • boy named Andrews
Wog a prisoner. He was a tall, sport boy. His oondest
Meese was always very reseestfaL Had mesa
Matta the Meek jasketl IS the 111th of Aril sew Ma
strapped to Me walla the mike sad *IBM The slaps
wove deftly dram. Tbe Omer meld sew his heed a
little, bat be appeared to be se/sriag veey Mil from the
effects OM* j scket. He cried eat " " nod say same
to mom to him. At his request I fleabites:l the ceiaid
the straps. A memorandum book kept by the witness woe
r odeos& The record of Sudsy, the 111t1 of April, was
' 674 breeklag lade: agars; of herd labour frank, psaish-
meatjMYst from 11 a.m. to i p.m." Oa the 24th them was •
r~Midof emether maisheleat--" the jacket from 7.80 a.m.
M Sam." The primmer was strapped to the wall ea this
issessies. Wilma saw him. he was very wee, sad rand
to be salisofeg sue. Item wee a bucket by
embeleisi weer. He appeared es if a qusatity et water it
hem thrown epos him. Witness reamed him at tea
o'el.sk. This wee on a Beadsy. The prisoner emplaned.
He said that be meld am perform the week. It was mere
than be meld do. Witness reported this to the Bremer
about the time, who west to the cell. The boymidbe wee
usable to do the work, that the meek had been mile
heavier. The governor said it was the right weight, sad
that be mere de ft. TM boy was crying ass the time.
Ceemmemileed—Deprivatiee of bed sad gas was a
maldemeat la Capt. Meoonoehis's time.
Timm Freer was chief warden at the gaol I. 1863. Re-
membered the boy Andrews. He went to perform 10,000
remistime a day at the crude. Unless this was dam his
did see get his feed. The regulation was te have 2,000
dose bekee breakfast. and sakes this was dose, if be wows
a troublesome, poisoner, he would sot get his breakfast. It
the 6,000 wares* performed by dieser-time, the prisoner
would gat sr Amer ; sad at night, If there
WM a defieleam, beseil end water would be
gives. Mesas wee left la their sells emit
tee eels* salon Moiled lempleled their work. sad come-
quest it the derbases sealer met at all Mess WI what they
bad peellemed their labour. Andrews was
rather • stab-
lemen bey, bed wit had so ulty is
Hurd Wm as diet,,""
Oh, Lord!diac
lase not guilty; I dld sot
break my mark." Whit whminams. saw him la the peek&
meatsebee he was he WM TM meld see bead
his seek. Wilemelmil Mann throws wearMy
ever Ida whoa
be wee la the peekbesembiethrt. was a maim s
this. Tlsougla st thetkieke Mil itlt the bey vas e
feiallg. The wow himself *lsm to et =de
maw. The war he Sow es the edam MB ass.
tabled is a "Javan*" basket. It sight be a salsa sad a
belt.

The Hew. Ashrams ff bends, feesterly at tbe
gook diearilled the bey Asdrewe se ef ; a
tell Maley, dull la Welke; saldestitute of edersies.
Saw Ida is the men es the 19th of Aril. Be
2;lttly to the wall by the hananteek inns. He
of the sheet mad arse, sad nader=ibla..
Theil=lrate bit seek we so tight tbat Mears aid' set
Wesel hie gage between it and the noel. =ho pittimit
was eryiag very iamb, and appeared to be
greedy. Oa several different cessions la the a=
April whose sow the rimer. Had seen his et yea at
tbe crank. He appeared tibia to be unable te do IL He
saapleisei el a wamt of=raell gweertaty aniseed pained
sad mains Oa lie Won be- Med he gels*
whams/ !revise had Woad sal water es enema jibe.
Themes Breaks. new a waster, hat a night wabaseas la
Ute 4401 Si the Um 4418441 11141141114 sahibs 68864

THE EXPRESS. SATURDAY EVENING, AUGUST 4, MS. •

the mode by whish this was offered. It was by swans of
a handbook-stray and a pocket-handkerchief; a yen* of
glass tria brakes. and the strap fathomed lasi a boo et boa
emlbltlet whitlow. Viitsioso *mid ON wham eptil at
10 tfolostr_i wises he went to take hint lists&
Jobs Wont, the schoolmaster at the psi, MD
the boy Andrews. was a very isoirast 70;:ttWot=o
so (request, under punishment, that be seldom essi to his
instruction. Never saw him violent of refractory; h. was
• tam boy, and generally seemed in low spirits. Itemesa•
bend the Ithaday before his death; heard the ;miaow
making a Meals. soles In his *all. Wend to hiss and
fogad hi. is the jealut ; the Gear was seethed with water.
In the water them was • pair of socks. Andrews was
standing bans-foxed en the soaks. At the time the prisoasr
was Massed witness observe/ indratations and risings of the
fink. The awniersadam he made at the time web that
they were shrivelled marks. The buy reeled from wiakness
when he was Messed.

Taylor, formerly crank•leboor man at the gaol, gave
it es his opinion that a boy working at the crank with a
five•posid weight might perform a thousand revolutions I.
half an boar. Bed himself seen this Acme by boys on se-
veral acessions. The crank became easier after having been
tuned for half an hour or an hour. It was the practise of
the governor to go round end MI the cranks twice or three
times a day, fee the purpose of enooareging the men to get
through their week so as to get their food.
After one or two other witnesses had been celled, whose
evidence was of an unimportant character, the cue for the
proenution closed.
Mr. Kettle then proceeded to address the jury for the de-
fendant. He denied that be had been guilty of aggravating
punishment on the penes of the boy Andrews, or that he
had been guilty of the offences charged in the indictment.
At for the cranks, the defendant had himself been deceived
relative to their character, and the power required to work
them. In everything he had done. be 11.41 done no more
than endeavour to early out the dixipline of the gaol.
Instead of cruelly, Andrews had been mercifully treated,
cad be concluded by reminding the jury of the absence of
say malicious intention on the part of Lieut. Austin. In
view of this and other eireunntances, be asked then to have
ems regard for his client's poeitioe, and to pat a fair and
literal construction upon his conduct.
Capt. G. Myall bad known Lieut. Austin far twenty
yean. He had served under the witness on the nut of
Atria*. He was an upright, honourable, and good Maar,
and a humane man.

The Hey. Henry Pilell, who had been chaplain of the'
gaol durirg the governorship of the defendant, oleo gave
him • character for humanity.
Kr. Justice Coleridge then proceeded to sum up. Lin!,
be said, the defendant was charged with the use of
modes of punishment, such as the see of the strait TX;
mad collar and the use of °old water ; and, money, with
the excessive use of punishments which were undonbtedly
lawful if kept within the bounds prescribed by the law. It
was no defence that the illegal modes of punishment were
in use, aeither would even positive orders from any superior
authority justify the defendant in the nada of any illegal
act. In ease of a verdict of guilty this might have some
effect hereafter in meting out the punishment, but it could
In no way whatever effect the verdict to be pronounced.
Having laid down the law with gnat clearness, his lordship
went through the evidence most carefully, and the jury,
after a brief deliberatioa, returned a verdict of asiity.
Then are four other indictments against the defendant
yet to be tried.