The Express.
London, England, 1853-09-03 00:00:00

BIRMINGHAM BOROUGH PRISON.

YO V AYH DAY.
BIRMINGHAM, FAIDAY.

This inquiry was resumed again to-day.
Another witness was examined relative to the death of
nodgetts, who was found in his cell in convulsions, as al•
ready described—this witness was Edward Henry Perks.
who was an infirmary warder at the time; he also swore
that when Cotterill saw lloslgt its I)inu it,wn he said,
'5 Oh, d—n Lim, he's ' pecking' it—there's nothing
the matter with him." Was quite certain that the
surgeon did not see the 112/(1 till between ten
and half-past ten in the morning. Late., in the
day witness thought the man was a little better, and
aslst d him if he cooed eat anything. Fetched him a little
broth and white bread from the kitchen. Cotterill corn-
plr!ned of this, and threatened to report him to the go-'
veruor. lie said that brown bread wa• good enough fir
him. Saw Cotterill shake llo.lgetts violently, though it
must have bren apparent to every one that he was in a
eery dangerous state. Witmss Fad been at the county
gaol at Coventry three years, and eighteen months chief
warder.

Capt. Williams—Whm was the surgeon sent fur ?
Wiine‘s—When the man was in the ..ceund
Capt. Williams—What distance dues the surgeon live
fr •nt e nu on ?
itntas— Ahamit a mile-and-a half.

Thomas Cooke. a Inother-in law lloilizett., saw him
in the wail six days la fore his death. lio..getts was at that
,iine very ill, and 131,1 that he couldn't <tt his food. flc
ain health at the time he entered the goo!, and
had never a day's illness in his life.
In the governor's report to the vi,iting justices this was
des-611,1as a coma •• sudden death."

The neat case inquired int., sea that of a prisoner named
I rug% Brown, who was received ;n the gaol last Fehruiry
f”, Lei/gine : sentence 14 days. Norton, the warder, wee
re•ealled. lle stated that the prisoner was put into au un-
derground crank cell; wss put to work at the crank,
whereupon the privinf r 1.1 dorm. lie .is then put in
the strait•facket. Another day I saw t:n., man with his
clothes set. _ .

Mr. li —Do yes think the man Was in his right mind?
Witnea—Yes. It .as a arid day in February. I think
the man remained in his wet clothes three how,.

Law son r.-eslled—Deposed .hat he say/ Lieut. Austen
thru s a bucket of wad r over who was at that time
cr..utltion on the tkor ; further that the privuner had told
him be had 'brown fear hutkets of water over him.
Lieu.. Anieen, the Oovsrnor, ti-called—He described
Brown as n man of tiithy Wants, who was seldom entirely
dressed, and w is geneiady touial crouchius down in his
cell. He was put to crank 1-bour, but wou.sl not do any
work ; he was set to nine thousand revolutions at the
crank.
Chief Comrois.inter—Was the prisoner punished ?
. . .

Witnem—Yes ; bread and water.
C.ipt. Williains—!s it recorded in the punishment book
rhea pris,ners aro put on bread and muter?
Witness—No ; it is not.
. . .

Captain Wiiiisms—Then that book i■ not a correct re-
cord. ayes that sort of puui,htnent find its way is your re-
turn to the Secretary of State
Witness--No. _ _

Capt. Williams—Tina it's not recorded as a punishment.
Witness—l considered its priva:iou—out a punishment,
This man was arty dirty and refused to speak, 14 I con-
sult, d the surgeon as to what should bsi dome with him.
He said a little cold water would 11.0 hint stood. The nest
morning I went to the man's.cs II ; hu wa, CrOlalhiog down
as usual and refuted to speak. I sent the warder for two
or Curti buckets of water, which I threw over Brown
myself.
Chief Commissior
Witic..ss—lt was.

•Wu it cild watt r ?

Chief Commi.si..ner—What sort of a day was it ?
Witnest—lt was a reasonable day in Februa.y. After I
told Holder, the warder, to give the man dry clothes atter
be had dried up the cell. lie might Lave the cry clothes
in a hoar, but I don't know pchitisely. I didn't go to see
Atter the water had cern thrown over the inan he reused
hiiwielf, and worked at the work to amuse himself; I think.
lie app. and more cheerful. Oa another gay he bad the
strait-jacket on for three or four hours.
Cant. Williams—ls that punishment recordt d ?
W mesa—NO.

Chief Commissioner—Will you swear that the man did
not remain M his wet clothes three or tour hour• 7
Witness—No; I will not.
Capt. Williams-1s the strait jieket punishment recorded
M • punish= ti,
Witness— ;it is not.
Chief C. mini,siontr—ls the tilting away a bed from a
prisoner recorded as • punishment?
%Vitners—Not always; thst was not considered as •
punishment. I Woke.' upon the man as a low, dirty, Irish-
men.

—•••••
Mr. Baly—Did it never occur to you that Brown was a
aka of weak mind ?

Witness—No ; he was a strong athletic clam.
Mr. Batt'—Are you in the habit of Irking the opinion
of the surgeon as to the punishment to be mulcted on a
prieoner
Witness—The surgeon happened to he going round with
me. and I thought this a peculiar ease.
Mr. 13ply—but if there was no medical reason for con-
sulting the surgeon, would guts throw the responsibility of a
punishment on him ?
Witness—Certainly not.
William Taylor, formerly a warder, sworn—l remember
retelling three or four buckets of water hr the governor to
throw over Brown I saw them Oman. The governor
said he did it because the man would not get up to work.
This was between 11 and 12 in the day. The man remained
in his wet clothes two or three hours. Brown was not
athletic. lie se.,med to be an old, worn-out man. His
habits were very 'lmage. I heard bun tell Mr. Austin that
he was unable to work. .

Chief Commissioner—Do you think be was able to work
at the crank ?
Witness—lie appeared to be a worn-out rum.
Mr. daly—Wiiat was his manner when he said be could
hot work: was it impudent ?
Waimea—No ; he woke in a whining way.
➢[r. Blunt, the surgeon, was re-called. He admitted that
he advi-ed the governor that a few buckets of cold water
would do Brown goad. It was done the nest day, mad
the man was more rational afterwards.
Chief Commissinuer—Should you recommend three or
four buckets of water to be thrown over a wan
Wittices-1f one had no effect, pertuips 1 might order
three or four.
Chief

•W•re you present when the water
was thrown over the man ?
Witness--I was not.
Capt. Williams—Did you not consider it your duty to be
present, and see the effect?
Witness—l didn't know the time when the water would
be need.
Capt. Williams—Did you, as a medical man, order that
water to be thrown over the man ?
Witness—Yes.
Capt. Williams—And you are willing to take the respon-
sibility as a medical man ?
Witmer-1 am. I would have done the same tootle of
my own relation.
Chief Commissioner—What do you think was the matter
with him?
Wituns—l thought he was sulky.
Chief Commissioner—Then the only reason you had for
ordering tbe water was to care the man of sulkinese ?
Witases—Yes.
Chief Caelansaioner—Do you consider that a meilie,alap-
pliestioo fitted for such a cue ?
Witness—l hardly know how to answer that question.
Commissioner—Was not the water thrown over the
manse a punishment for his obstinacy and idleness ?
Wiliam—Perhaps it may be considered so.
Chief Commissioner—Then the disease you wanted to
cure was obstinacy and dirt?
Witness—lt was.
Captain Williams—Have you recommended that punish-
ment on other occasions ?
Witness—Once or twice before.
Holder, the warder, swore that the man wu so said and
shivery after the water, that he had to remove the wet
clothes from him ; and Freer, the deputy-governor, deposed
that the man crid out a great deal when the water was
thrown ever him, and he wouldn't swear that ha did not
remain in his wet cluthea fur three or four hours.
The circumstance connected with the suicide of a boy
nerAadrews was next inquired into.
Rev. Mr. SbtfWill, the gaol chaplain, was called
niallonsunitsed. He said—la the discharge of my duty as
Iffingiolo I conversed with Andrews several times. Dui
bop was a very desolate, ignorant poor boy. He was
omnitted the last time tor stealing four pounds of
11 On the 19th of April I heard him shrieking
bis cell. I went, and found him in the strait jacket and
'sew &trapped to the wall. Ile slid that he was unable
to work, and that he had been deprived of his fool on
a Sunday; that he had been so fur three Sundays and *sato
be so deprived of it fur seven Sundays. Ou the day of
which I am speaking he appeared very desolate, and was
suffering from great bodily pain ; his arms and chest were
strapped very tightly up to the wall ; it was so tight that I
could not get my finger between the strap and the sails. He
was a mild, quiet, and docile boy. I heard him say that
he would destroy himself. lie was a thin spare lad, and
he complained to me that he had been put on bread and
water. I think the punishments to which he was subjected
and the deprivation of his food hail made a deep impression
on the boy's mind. I never saw him after that Sunday.
He had then been deprived of hie food and was very hungry,
Other prisoners had committed suicide, they being unable
to er.dure the pangs of hunger. I think the punishment
he eadurcd, end the deprivation of food, caused Andrews to
commit suicide. The visiting justices directed me to make
.11 reports to the governor.
Capt. Williams—Do you not know that the act of parlia-
meat requires the chaplain to report to the visiting justices
any acts of abuse, or impropriety, in the discipline of the
gaol, that came to his knowledge ?
Witness—These punishments were tl.ought to he a part
of the discipline of the gaol. I thought the visiting justices
knew ad about what was going on.
Capt. Williams—lf you could nut report in your official
capacity, did you not tuiok it your duty to do so as a cler-
gyman ?
Witness—lf I had reported or complained on the subject
of punishments, it would have been thought I was attempt-
ag to upset the discipline of the gaol.
Mr. Daly—Were the Visiting Justices ever pre.ent when
a prisoner was stropped to the wall ?
Witness—l think not.
Capt. Williams—Did not these punishments and this isc-
lotion of the prisoners greatly interfere with your duties ?

Witness—They did.
Capt. Williams —Have Ton ever applied in writing for a
change in the system of discipline ?
Witness—l have. I also spoke M the Governor on the
subject of di prising the boys of gas-light on a Sunday
night.
kiss. Baly—Was your application attended to ?
Witch u—lt was

Williams—Did you ever remonstrate against the
extraordinary punishment of withholding from the pritiancirs
the privilege of going to chapel ?
Witness —lt was uppsseel that the privilege of going to
' chapel wan an great that to deprive prisoners ul it would be
a puni,hment.
Cape. Wthiams—Did you approve of it?
Witneits—lt was an experiment.
Capt. Williams—Did you ever make a general complaint
of the system of diseipline pursued ?
Witness—l thought it entirely a matter for the visiting
justice's and the governor. The governor intimated that I
ought not to interfere. I objected to the system of non-
assuciatien amongst the prisoners at all times, and was
laughed at by Mr. Luckcoek and other of the visiting jus-
tiers. I objected to the prisoners being cooped up in the
chapel in the way they are, but there were no alterations.
Capt. Williams—Do you not think it was your duty to
interfere to prevent a continuance of some of the punish-
ments inflicted on the prisoners?
Witness—lf I had done so, it would have been thought I
was interf. ring with the system of discipline, which was
scarcely my duty as chaplain. I beg to ray, with reference
to this suicide of Andrews, that the visiting justices ineti-
tu'ed an inquiry, and they resolved that none of the prison
offi era were to blame ; and subsequently Mr. Wells, the
ch tirman, rout/eyed u friendly intimation to me, to the
etf,et that I hail been misled relative to the case by a series
01 ties. That 4:111101g 1 respec fully protested against the
conclusion to which the vioting juetices had come.
After some core-oboe alive evidence,
Taylor was re.cal:ed—He produced the crank labour
book. From this it appeared that un the 4th of April An-
drews exceeded his 10,000 turns at the crank by 1,500. On
the Bth be did all Lis te. rk ; on the 9.b there was no re-
cord ; on the 12th there were 6,000 turns performed, leavit,g
a deficiency of 4,000, hut be received his food in cote...queue,
of ward inspection; on the 13;h and 14th ho
did his full work bob days; on the 15:h the re
was an exceas of a thousand revolutions; on the
16th, the deficiency was 9,500; 'diet, bread and water; on
the 14th (Sunday), tread and water; punishment, strait
jacket; on the 18th, 12,000, there were 10,000 tut-lief/I the
crank, and the boy had his Intl ; on the 19th, one thousand
was performed, deficiency, 9,000; food, bread and water;
punishment, jacket; on the 20th, the excess was 2,000; on
the 21st and 22nd, the excess was 3,000; the prisoner had
his breakfast, und breed and water for supper; on the 21•11
(Sunilsy), the prisoner's diet was bread and water, with
the punishment, and there the sail record coded; he burg
himself a few days afterwards.
Freer was re-celled. Ile said Andrews took to his work
badly, but he submitted quietly to be put into the jai, kit. '
Whenever I put it on him he never showed any restrance.
But though he was stubborn at his work, I could manage
hint. lle was always respectful to me, but ithouted when
under punishment of the jacket. Ooce when he had it on
I heard him call out, "Oh! Lord—l am not guilty; I've
nut broke the cranks." I saw him, and he appeared to he
in pain. I have seen him in the cell when he had the
jacket and collar on dripping wet. There was a bucket
with water in it near him. I have thrown
water over him, when he appeared to be shamming
fainting.
Chief Commissioner—What do you mean by that. You
SUM us just now that he never fainted ?
Witness-1 thought he was shamming.
Chief Commissioner—Why did you think he was sham-
ming ? [The wituess sadism, answer]. I'll have it, sir, if I
sit here a month.

Witness--I don't know why I thought so.
Chief Commissioner—Was he pale ?
Witnet•s—No.
Did he droop his head ?
be droop his head with that

Chief Commis
Witness-140.
Chief Commis'
collar on ?
Witneta—No.
Chief Coro—
that w••

—..wiseioner—Did you believe on every occasion
..bt water was thrown user huu be was sbammiug ?
Witness—He wee very low.
Chief Cummiesioner-
umming
Witness—l did.

•Weil, did you believe be was

Chief Conniv,ioner—Did you leave him, wet u he was ?
Witem—The governor weut 41.wn.
Chief C nurnissioner—Wall you answer my question ? If
you don't, I will take measur:s that will be extremely dis•

agreeable to you.
Witneu-1 diJ leave him.
Chief Commis,
this shamminir ?
Wi 11114—Yes.
C ins:n,winner—What vras the water thrown upon
him the second time for?
Witress—l believe be hod broken a window.
Chief Commissioner—Did you strap him very tig ly ?
Witness—Not more than at any other time.

-Were his eyes slut at the time of

Chief Commissioner—lf you do not give me an answer to
my question I'll send you to prison.
Witness—lt was moderately tight. Ido not know that
he was relieved from this tightness by Brown, Ile ;. not
beg me not to strap him so tightly
Chief Commissiorer—Wal it after all this, and when he
appeared to be fainting, that the water wu thrown over
him ?
Witness—Yes.
Chief
that

•Now, Freer, have you ever said
Andrews committed suicide because of the fear of fur-

ter punishment.
Witness-1 may have said so.
Chief Coots i,sioner—Did you lay so to the visiting
istiess

Witness—l may have done.
Chief Commi.siuner—Tell me, sir; is that now your
opinion: did he commit suicide trom dread of further
punishment in that place ?
Witness—Yes. (Sensation.)
Chief Commissioner—Did he behave well at the time he

wtut in that gaul before?
Witness—He did.

Chief Commissioner—Now, sir, let me tell you that in
all my experience, I never had to deal with a witness out of
whom it was more difficult to got the truth.
Witness—Will you hear me ?
Chief Commissioner—No. By whose orders was it that
that jacket and collar was put on by you a second time?
Witness—By the governor's orders.
Chiet Commissioner—Now withdraw.
A number of other witnesses were called, who gave evi-
dence in detail of the cruelties practised towards this poor
boy, till exhausted nature could bear no more, and he
terminated his life olmost at its dawn.
Time is not lett to us to record the evidence of those other
witnesses—indeed, it was almost too shocking to write—
shocking because of the minute character of the persecution
the poor fellow endured—till his spirit gave way, and the
night watch goieg at 10 o'clock at night to take him his
little bed—that bed of which, ill as he was, he had been on
that fatal night deprived, he found him banging, stone
dead, by the bars of his prison cell. Mr. Webby might
well say, "Before this inquiry closes we shall investigate
the whole system of punishment and privation in this prison
as a distinct part of the case."
The inquiry stands adjourned to this day.