The Express.
London, England, 1851-02-08 00:00:00

THE EXPRESS, SATURDAY EVF.NTiqa • •vr-au 71‘, ;. e
-- • • •••• 431......,X1.1V 1 0, 10'11.

ALLEGED T.:stArDi IN THE LONDON DOCKS.

I have received about 201. since lad May. Perhaps some-
times they sent for me three limes a week. I have received
altogether about 301. lam 25 years of age now. In 1846
I would have been A years of age. 1 was not suspended in
1843. In 1844 1I was accused of taking sugar, and I was
afterwards reinstated. I was altogether six years in the
service of the company. I was not excluded, either before
or since my marriage, for indecent behaviour to a Mrs.
Forster, from a chapel at which I attended. There was a
charge of indecent behaviour, and here is an answer.
I (Laughter.)
Sir F. Thesiger then read the investigation into the wit-
ness's character by the Mile-end New Town chapel, and
their acquittal of him.
Cross-examination resumed—l was not accused before 1,
IMr. Bales with having put sugar into the black stuff. The
contents were turned out and examined by Mr. Balks at my
suggestion and request. That was in March, 1850. I deny
that I was dismissed from the service of the company for
putting sugar into the black stuff. The black stuff was sold
to Schwinse. I had no communication with him. I have
known tens of tdna of sugar destroyed at Davis's corner.
(Wi ma. named several persons who knew of it.) Ido not
know that any except Robinson are in the employ of the docks.
Mr. Norman knew very well that sugar of the best description
was converted into scrapings at Basis corner. I can-
not say that Norman was present at Davis's corner
when merchantable sugar was converted into drain-
lugs or sweepings. When good sugar was sent to
Davis's corner no complaint was made ; but it was
approved of.
Jeremiah Donovan examined—l was in the employ of the
Dock Company as a labourer up to November last. I have
been 22 years in the employ of the Dock Company. I was
at the Giggan when 1 heard of the officers coming. Wicks
gave directions respecting the three baskets of sugar. They
were sent up stairs by the crane. I saw 21 casks filled with
I sugar. That Was in the upper floor of the Eastern Dock
Warehouse. I recollect taking eight original bags
of sugar, and two re-packers from the No. 12 Gang-
' way, about the beginning of the year. It was brown sugar
I believe it was Manila sugar. The casks were filled in a
hurry. There were two cases slung up to the north floor.
Mr. Rales said the cases were not broken up small enough,
but to break them up again and sling them into the cooper-
age door. A man named Crisp took the tally of the
delivery of sugar for Antwerp. The mate refused to sign,
saying that there were ten in dispute. In consequence I
saw John Fay. I told him the mate refused signing for
the whole. I repented to Hearn what I had said to Fay.
Hearn then heard that ten parcels were on the floor that
must belong to this party. The mate ultimately signed the
book. Fay said before the ship went out that the sugar was
on the floor. I heard the mate say, " I ant ten lap short ;
they must be in the warehouse." Hearn said he must
have his complement. The mate was obliged to go without
them, and he has never had them at all. They remained
fur 18 months in the warehouse afterwards. I have taken
100 tons to Davis's Corner, front the loop-holes and the in-
clined plane. As much as two tons of sugar was taken
there from one ship. It was mixed up with water and
other matters. It was perfectly well known what was done
with the sugar at Davis's Corner.
Cross-examined—The vessel went to Antwerp in 1847.
The missing bags were in the same warehouse when the
mate came back, and I knew they were there. Mr. Hearn
was the foreman when they were removed. I was one of
the parties who masted to put the sugar into casks. The
21 casks I saw filled were part of the 28 casks seized by the
officers.
George Churchill examined—l cans a labourer in the
London Docks, and was dismissed about six months
ago. I helped to fill eight casks of sugar. Some
of the men were employed cutting open the bags and
others filling. They were coopered up in the casks when
Cross-examined—l first went into the dock company's
service in 1847. I left for four months about two years ago.
I was not dismissed for drinking. I had a glass on board
ship. I have received only 21. from the Customs. I first
had communication with the Customs about three weeks ago.
It being then six o'clock the court was adjourned

The cause on behalf the crown, in the case of
" Attorney-General r. the London Dock Company," was
resumed, inthe prius sittings of the Court of -Exchequer,
I yesterday morning, at ten o'clock. The same counsel
ap-
peared as on the first day.
Richard Down examined—l am a landing waiter of the
port of London. I have been in the custom six years, and
sin generally acquainted with the mode of doing business at
all the docks. Bags are invariably marked at the scales.
The low, when any, and weight are marked by the coin-
P2ny's servants in large legible characters. I was at the
London Docks on the Rth of March, 1850, and following
days. On the 9th 1 searched for goods, and went to No.
35, South-quay Warehouse. I found amongst others what
appeared tome to he an original bag of cocoa, stowed away
amongst a pile of rice in the corner. I pulled down the
bag, and found it was not rice. Was told it was cocoa. It
was lcwt. 221hs. I also found three original bags of
good cocoa under the large wheel. There were sweepings
there to the amount of some tons weight not of cocoa. In'
No. 52 I found six bags of cocoa, under a pile of miscel-1
'anemia sweepings, amounting to 18 tons. The bags here
were mixed amongst the sweepings. One was under the
wheel and the cocoa sound. In No. 39 I found original
begs of sound cocoa. It was on the top of some casks. In i
No. 31 I found nn original hag of cocoa. In No. 32 I found
two original bags of cocoa which was good. The weight
was threo hundred and some pound.. In No. 52 I seised 23
hags of cocoa and four casks. They were not original
packages. I was told by Spencelev that they were
sweepings, but they were not. The total weight
was 1,89-51bs. The supposed sweepings cal
we
ROUI
eases better than the contents of the original bags. On
the 6th of March I made a seizure of 28 hogsheads of sugar
on the west floor. They were all said to be warehouse
sweepings, and were so marked. All the casks seer, sub-
stituted casks, and the sugar was perfectly clean. (The
witness here gave the weight of the casks. The total
weight is nearly 12 tons, and duty paid would amount to
5001. The duty is one-third off that. I said to Mr. Wicks,
",You appear to have a good place here." He said, yes, that
he would not exchange with any customs officer, and it was
not the salary so much as the bonuses he got.
Sir F.P ollock thought this was mere gossip.
Sir F. Kelly hoped, after the otaservations of the Solid-1
tor-General Mtn gratuities, it would he taken down.
The Solicitor-General—l distinctly mean that gratuities
were given by the company to their officers, LB a reward for
their sweepings.
Sir F. Kelly—Preeiscly so; and I must beg that what-
ever transpires on this subject may be taken down, in jus-
tice to the defendants.
Sir F. Pollock—lf you please I will ; but I thought we
had enough to do without gossip of this sort.
The evidence was then taken down, and the witness.
examined. 1 afterwards saw casks of sugar had been re-
moved. (The stowage hook was produced to show that
goods had not been delivered.) The goods were afterwards
rewired. The Eastern Docks warehouse contains 60,000
bags of sugar ; the weight of this would be about 4,500 tons;
the value might be perhaps 180,0001. Mr. Bales told me
20 of the casks were made up in 1849, and R in 1850. He
said nothing about en account being made at that period
for exportation. He did not tell me what quantity had been
exported from that warehouse for the last 4 years. I have
no directions from the customs ; I wasunder the directions of
Mr. Cocluehot, When I find a considerably quantity of
dirt in cocoa, I eall that real sweepings. I applied to no
one for information about this coma. I inquired of
Borings' and other merchants; but I did not soy that the
dock company were in possession of any property for which
there was no owner. I deny most distinctly that I ever
said to any one at Baring's that I said the company paM
their dividends out of the goods which they exported. I
went twice to Baring's. I was accompanied by another
officer, who said nothing of the sort in my presence.
Re-examined—l went to the merchants' because I could
not obtain satisfactory information from the Dock Com-

pan
It:. Ogilvie produced the plan of the Lyndon Docks, and
also one of the, astern dock and warehouses.
O. Robins aea mined —ln 184.5 there was a delivery in
the eastern dock warehouse. I was discharged last Sep-
tember. The alleged ground was that I hail spoken the In the Central Criminal Court, yesterday, Samuel
truth. I had a laboratory on the lower dour, where Hill surrendesed to take his trial before Mr. Justice Cole-
we used to mix and melee up the bags.
When we ridge and Mr. Justice Cresswell, for the manslaughter of
were abort, we made it up from our dmwino. Moses James Barnes.
It frequently happened that we found a deficiency Mr. Clarkson and Mr. Bodkin conducted the prosecution,
when we were called on to deliver goods. After the goods instructed by Mr. Undersheriff Law, the solicitor to the
are weighed, they are piled, and when the merchant wants Commissioners in Lunacy. The prisoner was defended by
' them, and we find a deficieney. I then should take a bag
I from another pile. I should on first to the laboratory, and Mr. Collier and Mr. Parnell.
Mr. Clarkson, in opening the case to the jury, said that
if we had a hag of corresponding quality, I should send it
out. If we had none, I went to the over drawinowhich arias he and his learned friend appeared by direction of her
Maji sty's Commissioners in Lunacy, for the purpose of lays
from the samplings. That takes place before the weighing ins before
at the wales. When a hag is sampled it is pierced through them the facto upon which this indictment was
founded, and upon which the grave charge of manslaughter
and withdrawn ; a little of the sample is put on the table, was preferred against the prisoner at the bar. An offence
and the residue in a tub by its side. I should say each hag of this description was at all times looked upon as most
loses three or four ounces. They are stabbed a second time. serious, but in the present instance the offence was aggro-
and the sampling goes into the tub also. This is done in all
cases. I should go to the laboratory first, and if I did not sated by the fact that the unfortunate deceased was
a lunatic patient in an asylum, and that tho pri-
get what I wanted I should go to anyone's cargo. I so
acted for eight years, under every deputy warehouse-keeper inner was a keeper, place, over him, whose duty
it undoubtedly was to have treated an unfortu-
I served under. I have seen good clean sugar sent to nate
Davia's corner and wetted down to molasses. They am person in that condition with the utmost kind-
ness and attention. Ile need hardly °lnclose that under
what arc called " dminings." 1 know the ten bags of Ma- these circumstances the inquiry into which they were about
nilla sugar ought to have been shipped for Antwerp. I to enter was one of the very greatest public importance,
know of gratuities being given ; I coeval two myself. My and it appeared to him that the commissioners had not only
wages were latterly 240. a week. I began at 14". a week. perfonned their duty in adopting the present preceding,
The bonuses were 3/. each, and the last was given three but that they would have neglected their duty to the public
years ago. if they had not done so. The learned counsel then pro-
ems-examined—l was not dismissed for irregularity. I
had not been absent without leave. I was away
Ton the recited to state the facts of the case, and hr informed the
jury that he should be compelled to call one of the patients
Saturday ; I was ill. I war suspended on the uesday,
who w present at the time the fatal attack wan made upon
as
when 1 returned, and I was dismissed on the Thursday the decdeceased, and who he should, under the unctioned, of their
lordships, offer as a competent witness upon the present
week. I have been paid for my services since by the crown.
I have not anything else to live on. I have received 4s. 2d. occasion.
per day, and I have been in daily attendance there. The The following evidence was then adduced :
Customs have asked for information, and I have given it William Muneaster deposed that he was an attendant in
every day. lam not aware that before I was (Herniated in-
nines were made into my charscter. All I know is, I Mr. Armstrong's asylum at Peckham, and was employed in
the infirmary fur some time, and the prisoner then took his
had a good character from ltlessra. Martin. The last place place. There were generally about seven patients who
slept in the infirmary, but when witness left the infirmary,
I was in before the desks was the Post-office. I left because
there were about nine or ten, and the prisoner had the
I was involved in debt. Davis's corner is in a room which
charge of them all during the day, and he slept in a room
is under Custom-house lock, and is entered by an officer
every day. close to them at night. The patients were left at night
entirely by themselves. The patients in the infirmary were
Its-examined-1 asked Mr. Chandler about m'vheingtrua-
generally of an inoffensive kind. Witness knew the de-
pended, and he gave me an evasive answer. I had been
absent on several occasions before, but I was never sus- ceased. He had been a patient in the asylum since March,
pended. 1850. He was one of the patients in the infirmary. He
John Thomas Smith examined—l was formerly in the died on the 2nd of January. Witness first heard that he
employment of the London Dock Company, and first en- had received some injury on the 27th of December. The
tired their service in 1842. 1 was then sixteen years of age. prisoner gave him the information, and wished him to go
I think I remained twelve or fourteen months with them and look at the deceased, as he thought he had received some
before I left. I was check clerk's pupil. I retuned as injury. He went to the infirmary, and while the deceased
soon as Mr. Catley, the chairman, had me reinstated. I was in the act of changing his shirt, he noticed that his
was then assistant foreman ; my salary was six shillings per left shoulder looked as though it were broken or out of
week. I remained about five or six weeks, my salary warjoint, and there was a swelling on the shoulder the breadth
eighteen shillings a week, with a promise of an increase. I of a man's hand. The prisoner said he could not imagine
ultimately sent in my resignation on the 25th of May, 1850. how it bad happened, and witness remarked that ho must
I had opportunities to observe the warehousing of sugars have had • severe fall to have caused it, and that it must
when I first went to the docks. I was partially engaged have been done two or three days. The prisoner then said
as " sampler " samples from bags were put into the inclined that the doctor must be mule acquainted with it directly,
Aisne, samples from hogsheads were sent to Davies corner. and at that moment Mr. Burton, one of the medical officers,
The sugars taken to Davis's corner were converted into dry came in. Ile saw the prisoner often during the three or
scrapings. The dirty sugar is put in first, then the clean, four preceding days, and he made no communication to him
and all are stirred together. From the West ladies the respecting the deceased, and if he had been aware of any
sugar comes in hogsheads. From Manilla it comet in mats injury happening to a patient it was his duty immediately
made of narrow grass; they are very liable to breakage ; to have given information to the medical gentleman ho re-
they are very tender. A ton might be obtained for over- sided in the establishment. Witness had seen the deceased
drawings upon an ammo from a cargo, suppose shout on the previous day. It was the duty of the prisoner to
8,000 or 10,000 bags. The Manilla sugar would be col- dress him or to see that he war dressed, and it was also his
tested and sent to Davies's corner. A great quantity of duty to wash him. The deceased was a sullen, obstinate
sugars were carried to the inclined plane. There were prison.
13,000 or 14,000 ham on hoard the Bulah. It depended en- Cross-examined—The infirmary was upstairs and the pri-
tirely on the modem which the cargo was used to say the saner was the sole attendant in it, but witness went
quantity for overdrawings, fie. I have had sometimes there occasionally, and he could ace what the patients were
three or four, and so many as twelve casks from cargo, about. The prisoner's conduct towards the patients always
each cask weighing ten hundred weight. Rhuinage appeared to be very kind and attentive. Some of the pa-
' saless are of goods unclaimed by the owners to tents slept out of the infirmary, . and the prisoner had to
' pay the expenses of warehousing them. I should say take care of them also. The prisoner was assisted by some
an excessive cargo would not find its way to the of the patients to take care of the others. Attwood, Taylor,
rhumagc sale. Them is no loss from sugar in bags, unless and Donelly were those who were so employed. He did not
they were broken. The bag sugar pays the duty according know that they washed or dressed the patients, but they
to *eluding waiter's weights. I remember the seizure of assisted in scouring the floors, carrying things down from
28 casks of sugar. I heard that the officers were expected the bedrooms, and he had occasionally seen them help to
from Mr. Wicks, the deputy warehousekeeper. The casks dress the patients, and also help to feed them. The
were all brought together and piled together. I think I attendant wag sometimes obliged to leave the patients, but
went to Mr. Wicks to get him to sign the wholesale grocers' he did not think he was ever away so long as half an hour.
return. I saw Mr. Wicks, Hem, Baker, and a gang of Attwood and Donelly laboured under delusions. Donelly
men there. They were running out bags of sugar, that was under the delusion that spirits were continually about
were being sampled by Baker. The peaces' of sampling him, and, so far as he was aware, that delusion was never
takes place except immediately prior to being brought absent from him. The delusion was that he had
to the scale. I saw no marks or numbers on the bags. spirits continually about him ; that he had spirits in his
They were original Mauritius maul. There is no difficulty ears, and that the spirits had lost their lips and
in detecting the different countries from which bags come. noses. Attwood, the other patient, was very excitable,
There were 20 bags sampled by Baker while I was there. but be was not aware that he laboured under any
Wicks and I went down to the office together. There was particular delusion. Deceased was a gloomy, sullen kind
• gang of men turning out sugar which consisted of the of man, and he had frequently heard him make use of very
him I had previously seen sampled. I saw the men filling bad language, not only to himself, but to the other Wends
the war in casks. Wicks, Hem, and Randal were pre- ants. The prisoner always appeared to have acted with
lem• to that. The sugars were very different colours and forbearance both towards him sad the other patients.
iindltiee. Some were brown and others quite white, The Re-examined—The patients were usually washed after
mob were afterwards weighed at a temporary beam erected breakfast, about half-put nine o'clock. The water was
At Ike purpose. All this was done quickly, with hurry and fetched either by the attendant or by one of the patients, if
mmlbeion lo get it out of sight. I say that because I re- the attendant chose to send him. He never upon any oc-
aiked seders to get every thing out of the way. The over- canon saw a patient dressing another patient alone and in
dm slags in the Inclined plane have been sent to Davis's the absence of the attendant.
iliglier. I have been frequently directed to take sugar By the court—Two or three days before the 27th Decent-
*" Davis's corner. I recollect on one occasion having ber he heard the deceased complain of having the sensation
rdirected to take six or seven or eight casks there. of having a board in his stomach, and he wished witness to
eg ilataot recollect the month, but it was pnor to the middle take it out.
of 1848. The scrapings were taken to Davis's corner, the By Mr. Bodkin—He laboured under the delusion that he
proper place for them. I made out an account which was had }muds in his stomach and back.
returned because 4 made an account of fractions. The total Mr. J. T. Burton deposed that he was the me.
of the ennmay's earnings for the half-year was 2,6891, but dical superintendent to Mr. Armstrong's establishment
that a net a far proportion for 12 months. The black at Peckham. It was a private aayylum. He haw
=allaaa a wear not good enough for the con- the deceased. He came to the establishment On the
aid no gag to be thrown away. From 1844 to 80th March, 1860. Witnem first beard he had received
11148 *we wen NO togs of wet and 60 asks of dry *Crap. some injury on the 27th December. The prisoner =
lags sent out. The clean sugar would fetch feces ltds, to 424. the fact to him about ten o'clock in the morning.
per cwt. immediately to the infirmary ward, and the gel-
Crees-elamieed—l made this esanurendure in hay, *met strip the deceased, and he immediately obasmsd
WM& It might be seven or foetelosu days before that the le arm was fractured close under the shoulder
I bit I believed at that time ' abet I was rug'
in *sand the joint was very much bruised and infiemed.
li. metinee is their service. The legs were • was aW a mark on the arm as if produced by a
sly . I did it for ay own inibresation. I will not grey. The bruises extended all round the chest. In we
wow it as only for my inibringfim. I was sent tiee's opinion these appearances wen attributable to vio-
stkejnealealai by
92artalliQvirig ill"lahrilthem.. • Thatn
was
flrll:e'bsraialifin "... th.
ed b.;' so °ulde=paen "dr. ,
I lonained until 25th May in thii of am ordered deceased to he put to bed, and
ihin=o-emir ". It ain Oa • r=tbg I sent to Kr. Fidler. the resident 'upon. Ha
had set given law Skip 1* the remarked to the primate that it mug have °e-
nigma till Julia or July. I did not teeny of tbe cursed two or three day., and the poisoner replied that he
ResisSempaes dims that I had maw away. hi ton souglaiising of haying treads en iii sberlder.

MANSLAUGHTER IN A LUNATIC ASYLUM.

but he was always talking nonsense of that sort, and he
took no notice of it. Witness told him he must have had
a violent fall, and the prisoner said he knew nothing about
it. The deceased could not have dressed himself on the
previous day, on account of the injury. In witness's opi-
nion, at the time he saw the injury, it must have been at
least of three days' standing, and he did not think that
any
inpeon who dressed him
jury. The deeeas•d ucld'uldnotbahvaevefraiailedsedthoisoabr7nnaet
all after receiving the injury, and it must have been per-
fectly seleas to him. It would have been the prisoner's'
duty to report any accident to him immediately.
By Mr. Collier.—Witness went into the infirmary every
day himself, and on the 26th December he looked at the
deecased's head, but did not observe anything the matter
with his shoulder at that time. The deceased laboured
under the delusion that his belly was as big as a
butt. Witness never had any occasion to complain
of the conduct of the prisoner. The deceased never
made any complaint to him. The prisoner appeared
very anxious about the injury. The memory of the de-
ceased was affected. lie was capable of giving a cornet
answer to a question, but was certainly a lunatic in the
ordinary meaning of the term. Witness was aware that
lattwood, fondly, and Taylor were in the habit of assisting
the prisoner, and he had seen them arranging the dress of
the other patients, but he did not remember having seen
them feeding them. Donelly laboured under a delusion,
but he was not aware that Attwnod or Taylor laboured
under any particular delusion. The delusiou of Donelly
was always present in his mind when his attention was
directed to it, and witness had never known him free from
that delusion. Attwood was incapable of carrying on a con-
nected conversation, and was at times very abusive and of
very irritable temper. Taylor was a man of weak mind,
and incapable of taking care of himself: and they were both
lunatics, and unfit to go at large. Donelly was decidedly a
lunatic in the ordinary sense of the term.
By Mr. Clarkson—Barnes was able to Five a rational
account of an ordinary transaction. NI ith respect to
Donelly he laboured under a delusion that he hail spirits in
his head, but in his opinion he was quite capable of giving
I a rational account of any transaction that paned before his
I eyes, and he hail always tbund him able to give an account
of anything that hail happened to him, and he was always
rational, except with regard to the delusion of having
spirits in his head, and on that account only he considered
him a lunatic. In every other respect he looked upon him
as a perfectly sane man.
Dr. Hill deposed that he formerly occupied the offioe
tilled by Mr. Burton, who succeeded him. Witness was at
opium ilum on the 27th of December, :mil found the de-
ceased was suffering from a fractured arm: and, according
to his opinion, that injury had been occasioned by a severe
fall on the back part of the shoulder, and that it could
not have arisen from a mere ordinary fall by
the man's own weight. The deceased was rather tall,
hut a very spare man, and at this time he was in a very
feeble state. Witnsss put some questions to the deceased,
and he told him how he had received the injury, and by
whom it had been inflicted. The prisoner shortly after-
wards came into the room, and witness said to him, " This
is a said occurrence, the man's arm is broken." Tho pri-
soner replied, " I assure you I know nothing about it."
Witness said that the deceased said he had done it, and
Downy said that he saw him do it. The prisoner replied
that it wan false, and he had never lifted his hand against
him. noway then interfered and said, "You know you'.
did do it. You took hold of him in this way." Downy
then laid hold of the prisoner as if to show him how it had
happened, and the prisoner again declared that what he
had stated was false. Witness remarked that the injury
must have been inflicted several days before, and the
prisoner said he could assure hint that he knew nothing
of it until that morning. The conversation of the deceased
at this time was quite rational, and he seemed to under-
nand perfectly the conversation which passed between him
and the prisoner. Witness had had his attention directed
to the insane for some years, and his experience had taught
him that persons of unsound mind would bear personal in-
jury and pain withnitt complaining.
By Mr. Collier—The memory of an insane person was
not necessarily affected ; it frequently was, and it frequently
was not. In a great number of eases the memory certainly
was affected. Madneas was generally accompanied by a
great degree of irritability in the brain. In cases of acute
madness the ideas would succeed each other much more
rapidly than in a sane subject. A man might labour
under a particular delusion without that delusion affecting
his mind particularly upon other Subject. ; but in moat
cases where such a delusion existed the mind was certainly
to some degree affected upon other subjects. The only
delusion that Barnes appeared to labour under was
that his stomach was as full as a butt and could
not contain any more, and this was the chief reason
why he refused to take food. It was difficult in ,
some eases, to ascertain the extent; of a madman's delusion ;
and they frequently succeeded in concealing their delusions'
front a medical man, particularly when they become aware
that those delusions were the ground for their detention.
Ile had known eases where a madman had pretended that
he no longer laboured under a particular delusion, in order
that he might obtain his liberty. It was also common fur
certain classes of madmen to exhibit a great deal of dissimu-
, 'Alan. Ikfore Barnes was admitted to the asylum he had
refused to take food, and it was necessary to feed him all
the time that he wa. in the establishment. Donelly was,
in his opinion, in the strict sense of the word, a lunatic.
He had a peculiarity of manner, but he was nut excitable.
Wane.s had questioned him repeatedly upon the subject of
his delusions about spirits, and he always found him labour-
ing under the same delusion. When witness asked the de
ceased who had hurt his arm, he replied "the keeper ;"
, and when he asked him which keeper, he sold he did nut
' know, or he could not recollect his name. He then men-
tioned the names of two keepers, and deceased said they
were not the men ; and he then asked him if it was Hill,
and he replied that it was.
By Mr. Bodkin—The deceased, from his obstinacy and
other circumstances, was undoubtedly a troublesome patient.
Mr. A. Poland deposed that he wax assistantssargeon at
Guy's Hospital, and demonstrator of anatomy at that insti-
tution. On the 3rd January last he made a post-mortem
examination of the lady of the deceived. The witness &aerated
the nature and extent of the injuries the deceived bad re-
ceived. There were extensive bruises on both sides of the
body, the left arm was fractured, and the lower portion of
the bone driven completely up. into the arm pit. The
sixth and seventh ribs on the right side directly opposite
were also broken, as well as the eleventh and twelfth ribs,
and the broken portions had penetrated the lining mem-
brane of the chest, and had produced extensive inflamma-
tion. The head presented the ordinary appearance in the
post morn= examination of lunatics. 'lhe substance of the
skull was thickened, and the brain partly absorbed. In
witness's opinion the injuries had been inflicted between
the period of four to ten days preceding, and in his opinion
they were all sustained at the same time, and that they
were the result of great and inordinate violence, and could
not have been occasioned by a simple fall, or by the man
himself. The injuries he considered might have been occa-
sioned by the deceased being tripped up and thrown to the
ground, but it appeared to him that when be so fell the per-
' son who had thrown him must have fallen on him, and this
would be the most likely mode for such injuries to have been
received. The injuries the deceased had received were un-
doubtedly the cause of death ; but the immediate cause
death was exhaustion consequent upon these injuries.
117 Mr. Parnell—The head of the deceased presented all
the indications of his being a confirmed lunatic. The lungs
of the deceased were diseased from long standing consump-
tion. The double character of the injuries led hint to
be-
lieve that the deceased could not have occasioned them him-
self by • fall.
Mr. J. 8. Flower, another surgeon, who assisted on the,
post ntortens examination, confirmed the testimony of Mr.
Poland with regard to the nature of the injuries received by
the deceased, and the cause of death.
By Mr. Collier—There was a great number of separate
bruises upon the deceased's body, which had nothing to do
with the broken arm, and they might, in his opinion, all
have been the result of severe beating, either by the
fins, or by some blunt instrument, and whoever injured the
deceased must have exercised very great violence ; and the
injuries did not appear to him to be such as would be the
result of any ordinary conflict.
By the Court—The injuries might have been occasioned
by one heavy man falling upon another.
By Mr. Collier—The whole of the injuries mightcertainly
have been produced by one heavy fall.
By Mr. Clarkson—lf the deceased had been lifted up
from abed and thrown with great violence upon the ground,
and afterwards knelt upon, it would account for the whole
of the appearances he observed upon the body of the
deceased.
Mr. Bodkin said that he now proposed to call Richard
Donnelly, the lunatic patient, as a wining.
Mr. Collier said he should submit to the court that enough
appeared upon their lordships' notes to make it quite clear
that he was not an admissible witness, as being a lunatic.
Mr. Justice Coleridge said that unless the learned counsel
could cite any case in which it had been ruled that a lunatic
of the character of this person was not a competent witness,
the court should certainly receive his testimony, and reserve
theceopeintnfocor further iti consideration, nsibtiraeTtieodn,tle if such
question couhz
nevera should
been decided.
Mr. Collier admitted that be was unable to cite any deci-
sion, but he apprehended that it was contrary to every
principle of the English law that a lunatic should be per-
mitted to give evidence.
Thteourt said that they should allow the witness to be
examined if it should appear that he was aware of the na-
ture of the obligations of an oath, and upon that point they
would allow the learned counsel an opportunity to examine
him upon the soil. dire.
Richard Donnelly, the person referred to was then brought
into court and he was examined by Mr. Collier.
In answer to the questions that were put to him he said
he was aware that he had a spirit; he maid that he had
twenty thousand spirits. They were not all his own spirits,
and he did not know whose they were, bat he would in-
thquire. His own spirits, he said, be could •as being
ese which ascended front his stomach to his head, and
those which were in his man. He considered that these
spirits were created by the palpitation of the nerves.
Mr. Collier asked him whether these spirits ever spoke to
him 1
He replied that they did incessantly, and particularly ei
aln t'answer to further questions of the same kind, he said
bebelieved that these spirits were immortal, and that they
livv, after he was in the grave.
Hr. Collier inquired if he was aware wlsre thee' spirits
from ?
nonwlly said that he believed they came from variotis
are and from various people. He believed that soma
nand Item the Queen, he she was in the habit ot
'jam. hiss Br aid lathw isi Cabo* asi

all those controversial spirits," occasionally came to whit
him, but, he said, there was goodness in them. These spirits
were often speaking to him, and they were sp. 'king to hint
now. Ile was not him-elf a spirit hut 6csh and blood, and

when his body went to the grsvo Lis spirit would fur.

iIYC him.

Mr. Collier—Where do you expect your spirit will fp
when you are dead ?
Donnelly—l cannot say ; perhaps to heaven, or perhaps to

purgatory.
Mr. Justice Coleridge—Do you believe in purgatory ?
Donnelly--I do. lam a Roman catholic, and I have been
brought up in the fear of purgatory from my iulanry.
By Mr. Bodkin—l understand the meaning of tak:ng en
oath. I have been taught by my Catechism that it is
lawful to swear for Ood's honour and my neigl hour's good.
Mr. Bodkin—What does a man do when hi 'wears?
Donnelly—l consider an oath is an obligation imposed
upon men for the good of the law.
Mr. Bodkin—Do you appeal to anybody when you take
an oath ?
Donor llv—Ccrtainly, I appeal to the Almighty, and I be-
lieve that if a man takes a false oath he will g 9 to hell to all

eternity,
Mr. Collier was then about to re-examine the witness, but
Mr. Clarkson contended that he had no right to do en, and
he, at the same time, complained that the learned counsel
' had not put a single questien to the witness applying to the
point whether he understood the nature of un mith, but
that all his questions related to subjects calen:..ted to excite

the witness.
Mr. Collier denied that he had any such object, and said
it appearml to hint that all the inquiries he Imo made tended
to ascertain whether the witness really nederistood the
sacred obligation of an oath.
The Court then ruled that the witness should be ex-
amined.
Ilenelly was accordingly sworn. Ile said— I am an Irish-
man. I have been in the establishment at l'euilium four
years and four months exactly, yeetertlay. I went on the
14th October. I used to be in the infirmary eceasionally.
I knew the deceased man, Barnes, and I ined to attend
upon him. Taylor and Attwood wen two other
patients in the infirmary. I know the primmer. Ile
, was one of the keepers. I remember a late time before
Christmas-day, at bedtime, that the deceas: ereuld not go
to bed. Ile did not like going to bd, and I told Hill
The
prisoner) on that night that lie would not go to bed.
prisoner went up to him as he was sitting on the
bell and laid hold of him to put him to bed, and ho
threw hint rashly on the Hoer, and they both went
down together, and the patient was "hurt, d." I know
that he was hurt by the report of the dotter, and my own
observation that hi, hand was swelled. They both got up
together, and Barnes was then put to hod, and I said to
him shortly afterwards, " You have got year Christmas-
box." Ilarnee complained to me after ties that he was
hurt, and I examined him and thought his cellar-bone was
broken. I saw llill the next morning wit, a the patients
were waehed and dressed, but I am not cure that Barnes
complained at that time. I believe that I dressed Barnes
after tie in Hill's presence, and that he heard him com-
plain of pain in his arm, and upon one occasi m Hill litkd
the arm up, and when he left go of it the arm fell down
as though it was dead or powerless.
Ily Mr. Collier—The demised objected to the other
patients undressing or dressing hint, and we frequently
disagreed about it. The prisoner, however. used to put
him to bed whether he liked it or not. ttom• times Barnes
would let them dress him, and sometimes 11.• would not.
Attwood and Taylor used to wont in dressing and un-
dressing him. Attvrood was a man whine pass' was very
easily rtised, and 1 have frequently seen hint very angry
with the deceased, and once lie pushed him down
upon a them, and the prisoner interfered and checked
him. I believe that upon another octts' he laid hold
of Barnes and struck him. Taylor is also a very passionate
man, and the only way to keep him quiet is to give him
tobacco. Ile is apt to be very violent if you don't look
after him, but yet he assists both the keeprx. I myself
thought the occurrence took place on the Monday before
Christmas-day, but the spirits want to make me believe that
it was Tuesday.
Mr. Justin Coleridge to the witness—ls the account you
have just given us of the transaction, an account of what
you yourself saw, or is it what these spirits hare told you
took place ?
llonelly —My lord, I have only told you what I myself
was an eye-witness of. The spirit+, only want to make me
believe that I ant mistaken in the day, and that it was 'rues-
day instead of Monday, but I myself
believedbeieve it wa.s
Monday. (The occurrence in reality did
Monday.)
Mr. Clarkson said this was the case for the prosecution.
Mr. Collier then addressed the jury for the defence, and
after remarking mein the nnueual nature of the charge,
and the extntordinary character of the evidence by which
it was sought to be supported, he said it was perfectly
clear that the only evidence which in any way identified
the prisoner as the person who had committed the vio-
lence, was that of the witness Donelly, and he urged
upon them the danger that would result from convicting
a person of AO serious a charge as this, or indeed of any
charge whatever, upon the evidence of a lemon who
was admitted to be a lunatic. It had been ingeniously
argued that the prisoner was perfectly rational upon
, every subject but that of the purtieular delu-
sion under which he laboured; but he mired the jury whe-
, ther it could be safe to place any reliance upon the evidence
1' of an individual whose mind, it was udmithd, wasdiscased.
Mow was it ptmible for the jury to distinge;sh how for the
delusion in his mind extended, or where sanity ended moll
insanity began; and for all that appeared to the contrary,
the whole of the statement he had mule might have been a
delusion. lie did not in making these observations at all
intend to complain of the enquiry having been instituted;
on the contrary, he thought it a most proper one,
and lie agreed with Mr. Clarkson, that the com-
missioners would tint have performed their duty if
they had not instituted a strict enquiry into all
the circumstances, where the death of an unhappy persoa
of this description was involved. The learned counsel then
culled the attention of the jury to the medical testimony,
and to the extent of the injuries, received by the deceased,
and he argued that it was more probable that those injuries
should have been occasioned bye desperate struggle between
a numberof mailmen left together during the night without
an attendant, than that they should have been wantonly
inflicted by the prisoner, who had always borne the cha-
racter of a kind humane man. lie concluded by observing
that the present inquiry, he had no doubt, would at all
events have this one good effect, of doing away with the
practice of leaving a number of madmen thus without pro-
per restraint, a practice which he could not help saying se-
him meet improper, and which had most probably
reedare to
the present unhappy occurrence.
Mr. Justice Coleridge having summed up the whole cose,
The jury, after deliberating a short time in the box, re-
. tired. After being absent about half an hour, they returned
. into court and gave a verdict of Guilty, but at the same
• time etrougly recommended the prisoner to mercy on account
t of his previous good character.
• Mr. Justice Coleridge said that judgment would be poet-
; pond, in order that the opinion of the judges might he
taken as to the admissibility of the evidence of the witness
• Ilondlly.
of

• ' - • y.i .