The Express.
London, England, 1848-04-07 00:00:00

ASSIZE INTELLIGENCE.

MIDLAND ClRCUlT.—Witawtcx, APRIL 5.
Before Chief Justice Wilde and • amend Jury.
CONCLUSION OF THE TRIAL
THE Qtnanx e. Gurreatoon.—At the conclusion of his
speech, Mr. Gutteridge called Mr. Wood, surgeon of the
Birmingham Hospital, and Mr. T. Green, with a view of
' establishing his allegations regarding Mr. Hodgson 's want
of skill in the tying of the subclayian artery, which caused
' the death of • patient; after srlich he examined
I William James Foster : Was a echoolmaster at Bewdley,
in Worcestershire. Had been master of the Blue-coat School
from 1840 to 1847. Left the Blue-coat School because he
had an ipportunity of taking to something that he deemed
more to his advantage. Was proprietor of the eitablisment
at Bewdley. He remembered a particular Sunday evening,
the 14th of January, 1844. Rememhe:ed on that day
having occasion to wait upon Mr. Lee to request his
attendance upon a boy supposed to be dying. The
bey was sensible of what was passing around him.
Conferred with the matron before he went to Mr. Lee. Went
to that gentleman shortly after 6 o'clock. Went no further
I than the hall. Was struck by his manner : tint, by the un-
steadiness of his walk ; then by the imperfect utterance
with which he spoke. His impression was that he was in-
toxicated. Made the communication to him that the boy
was believed to be in a dying state, and it was deemed
desirable that a clergyman should see him. Apologised in
Mr. Lee, stating that their own clergymen were both absent
from Birmingham. Mr. Lee said that he would come; and
asked at what time witness's address to the children would
take place. I told him at 8 o'clock. He said that he would
come and hear him. Then !eft Mr. Lee and returned im-
mediately to the school. Went straight home. Then made
a statement to the matron. Did not go a second time
to Mr. Lee. He carve at about 7 o'clock. The servant let
him in. First saw him in the sick ward with the child.
Mr. Lee was speaking to the child, asking him a few ques-
tion, on religious subjects. Mr. Lee spoke to witness u tie
entered. When witness first saw hint there his impression
still was that he was yet In a state of intoxication. There was
a strangeness in his appearance which witness had never seen
before. The child did repeat some portion, but couldn't hear
Mr. Lee distinctly. Mr. Lee's words were not always dis-
tinct. Had witnese not known the service be could not have
followed him. It was unlike his usual voice, which wu very
distinct. The boy could understand. Witness's impres-
sion was then still the same. Mr. Lee was, in his opinion,
intexicatt d. Mr. Lee did not read any portion front the
Service for the Sick. Mr. Lee offered up an extempore prayer
kneeling. Witness was kneeling with him. Did not remem-
ber any other instance where any of the friends had been
present at suck a time. The mother had been in the roam.
The women had left before witness entered. Witness found
the mother on the stairs. After the prayer the witness
lett, accompanied by Mr. Lee. No part of the Bible was
read. They came out together witness being in advance.
His impression still was that Mr Lee was intoxicated. In
going down stairs Mr. Lee was slipping—stumbling. It
appeared to witness that he might lan, and witness put up
his arm to protect him, for an instant only. He did
not stumble a second time. Put up his arm because he was I
fearful Mr. Lee might fall. Accompanied Mr. Lee to the'
matron's parlour. The matron came to request witness to
go up with Mr. Lee into the sick room. Mr. Lee remained
in the matron's room till supper was finished. He was
there, he thought, more than half an hour. Observed him
in the matron's room. Ilia opinion was unaltered—that he
was intoxicated. Mrs. Lee and the matron were there, and
remained with him all the time. Witness went away I
during part of the time to look after the supper of the
boys. The supper was later than usual. It had been de-
layed in order that Mr. Lee might net go into the
presence of the children. It was delayed perhaps a
quarter of an hour. Witness did not wish Mr. Lee to be
seen by the children in the state that he supposed him to be,
in. Mr. Lee himself more than once asked to go into the'
dining-room. Hoped that he might be wearied by waiting,
and would go out without going into the dining-room.
He did go into the dining-room, Mrs. Lee being with him.
There were nearly 200 children. The matron was there, and
four assistants—two male and two female. Supper was not
cleared away. The dining-room was 80 feet long. Two of
the teachers were at the far end. Mr. Lee was at the table
at the top of the room. When the things were cleared away
witness was about to commence his address, which he bad
prpared and written. Mr. Leo stepped forward and said,
I " will deliver the address." Mr. Lee saw that witness was
about to address the children from a written paper. Mr.
Lee did address the children upon oar Saviour's first miracle,
from the gospel of the day, the converting the water into
wine. Witness still considered him intoxicated. Supposed
he had been drinking wine. It wasnot his usual manner,and
was such as to strike witness as objectionanle before the chil-
dren. Some of his words were indistinct. Ile spoke for about
a quarter of an hour or twenty minutes. Ito then knelt down
whilst witness read the prayers. The witness then accom-
panied Mr. and Mrs. Lee to the door. It was shout a quarter
to half past 8 when Mr. and Mrs. Lee left. Knew Mr. Grit-
fiths, the solicitor. He was at that time chairman of the
committee of the school. Saw him the next day. Endea-
voured to see him in the morning at his office, but could not.
Saw him in the evening. Had some other Blue Coat School
business with Mr. Griffiths. Then related the circumstance
that gentleman as he now related it here. Told that
gentleman that Mr. Lee was intoxicated. Told it to Mr.
Griffiths as chairman of the committee. Usually reported
the school business orally to him. Didn't make a formal
report, but considered that by :naming it to hint he had
taken all the responsibility off his own shoulders respecting
the irregularity. Afterwards reported the matter to this
Rev. Mr. Downes, who ought to have done the duty if he
had been in town. Mentioned it to Mr. Dawnes the first'
time he saw him. Mr. Downes was chairman to the School
and Education Committee. Made a communication to the
like effect to the Rev. Mr. York, who called upon him and
expressed anxiety about the publication of Mr. Gutteridge,
that had by this time appeared. Mr. York said, "It is
then, your impreasion that Mr. Lee was intoxicated?" Wit-
ness said that it was. Mr. Yorke remained musing for some
time, and then asked if any one else in the establishment had I
observed it? Witness stated that the matron had, and that
Be had so appeared before the whole establishment. Wits
IMO asked what he could do ? Mr. Yorke said, " Nothing,
if that is your impression." Told Mr. Yorke that he had
had no communication with Mr. Gutteridge, and that he
should have none, lie mentioned the matter to four mem-
bers of the committee.
Cross-examined by Mr. Whiteburat.: Mr. Lee and Cap-
tain Tindal began to make inquiries as soon as they came.
They complained of deficiencies in attention to the persons
and the education of the children. They made a report in
June, 1843. The system was much improved in conse-
quence of that report. Was not examined severely by Mr.
Lee. There was no complaint of children not being clean
that he knew of. Mr. Lee promised to assist him. I did
not call on the two ministers. I said I did not before. I
I have not said 1 did to Mr. Downes. The sick ward was no
detached from the house, but unconnected with it hy any
internal communication. It was a first door. We went
through a yard and up some steps. I had seen Mrs. Lee in
I the matron's room before I went up. I had prepared my
address for the children. I did not say I had not prepared
my address. That was notthe reason Mr. Lee did it. That
was the reason another time, but not on that occasion. Mr.
Lee delivered the address twice. The second time was in
the summer afterwards. It was about June, for we had no
occasion to light the gas. I have not told Oxenford, the
usher, that my reason was that I had not written my ad-
dress. Mr. Lee's address was net like his usual ones. It
was a fair one—not lake Mr. Lee's great abilities. I believe
I have not said it was a very excellent address. It was a
suitable address for children. I believe I have not said it
was a beautiful address. I won't say I hasn't said so. I re-
member saying to Mr. Yorke, " Mr. Lee cannot help giving
a stied address."
Re-examined : I received testimonials on leaving the
school.
The Court then rose shortly
APRIL
6 before 7 o'clock.
The defendant proceeded with further evidence.
Mary Anne Foster was the wife of the last witness.
Left the school in the first week in November. Was mar-
ried a few weeks previous) y. Remembered the second Sun-
day after Epiphany, 1846. Thomas Bayliss was ill. He
was perfectly in possession of his senses. Knew that the
curates were out of town. Mr. Foster left the sehool at
about 6 o'clock, and returned in about a quarter of an hour.
He then went into the school to his classes. Mr. Lee
cams half or three-quarters of an hour afterwards.
The housemaid admitted him. Met him designedly in
the hall. Observed his appearance to be very different
from what it usually was. Took him straight into the
parlour, and afterwards upstairs. Accompanied him her-
self. The mother and sister of the boy were there, and a
servant. Mr. Lee immediately imperatively desired them to
"leave the room." (The witness here waved her hand to
imitate the motion.) lie performed no clerical duty while
she was there. She was the last to lease the room. He
neither said nor did anything that a clergyman would do un-
der such circumstances. Thought he was intoxicated. Im-
mediately went down and called Mr. Foster out, sad asked
him to g• upstatra, as she was much alarmed on account of
the serious illness of the child and 'alr. Lee's condition. Re-
mained with Mrs. Lee. Mr. Lee and Mr. Foster came in
about a quarter of an hour afterwards. Mr. Foster was
backwards and forwards, in and out. He did not continue
in the parlour. lie had to see to the supper of the children.
Mr. and Mrs. Lee remained till the children had nearly
done. Observed Mr. Lee then to be intoxicated. They
delayed the supper as long as they could, in hopes that Mr.
Lee would leave. They did not wish the children and
servants to see him. That was because of his excited and
intoxicated appearance. He tasked her repeatedly why the
children had not supper. She told him the bell would soon
ring. He went up eventually to the evening lecture. The
supper was not quite over then. When it
D[ as, the
at master
was preparing to deliver his address, when Mr. Lee epped
forward and said that he would deliver it. Mr. Foster war
provided with a paper. Believed it was in his band. The
address lasted about a quarter of an hour. Then observed
great indistinctness and hesitation, and what was very
different from his usual manner. Noticed Mrs. Lee to be
looking very anxious and uncomfortable. She 'looked very
different from usual. She was usually very placid. There
gas evening prayer after the address. It was usually so.
I him Lee then left the room and went away. Mr.
Lee's manner was not spoken of by any of them, except
between her and the master, now her hatband. They