The Express.
London, England, 1853-09-02 00:00:00

BIRMINGHAM BOROUGH PRISON.

THIRD DAY.

BIRMINGHAM, THURSDAY.

This inquiry was resumed this morning, and wit-
nesses were e lied touching the death of liodgetta—the cue
partly gone into yesterday.
Mr. Perry, the prison inspector for the Midland district,
was present.

Thomas Cotterill, a Brst-class warder, saw Hedgettslyiag
on the goof of his cell in • swoon on the morning before
he died. Did not sead for a surgeon at that time. Be-
lieved that he aid to the man " he be d—d : he's
pecking' it." Didn't know exactly the meaning of the
word. On being pressed by the Chief Commissioner wit-
IMO said that he might have used the phrase. If it had
been sworn to, perhaps he did say what h►d been said.

Captain Williams—Did you think the man waaahamming
it ?

Witness—No, I did not. I am sure I neviv shook the
prisoner—that I remembered distinctly. Mr. Green, the
surgeon, came at half put eight or a quarter to nine. I
went with him to the cell where Hodgetta was lying. He
was actually insensible, and unable to speak. Mr. Green
did not give him any medicine. He said that he would let
him be an hour, art see him again. At ten o'clock Dr.
Green came again, and after he had seen Hodgetts I asked
him what he thought of the man. He replied, " that he
believed he would die." Whea I went into Hodgett's all
there were two loaves of bread and a pint of gruel in the
cupboard. There was • third loaf on the table. I have
served in the army 25 years, and have a good service pen-
sion of lg. a day.
Capt. Williams—When did you first heat that this man
was ill?

Witness—At half-put seven in the morning. I went to
him before eight. I believe the man was in his bed when
the surgeon entered the tell. I was there during the whole
time of the surge3n's first visit, and I never heard him put
a single question to the prisoner.
Lipt. Williams—Now, recollect yourself, Mr. Green has
sworn before the Coroner . inquest that Hodgetts was walk-
ing about his room as a man would do after a fit of epilepsy.
Is that true ?

Witnew— o ; it a not.
Capt. Williams—Well, Mr. Green has also sworn that he
spoke to the man, and that he answered, but with difficulty
Is that teas ?

Witness—The man poke.
Capt. Williams—Mr. Green has also sworn that it waa
ten o'clock when he was first called to Hodgetts. Is that
true ? _ _

Witaesa—N i; it is not. On the morning after Rod-
gilts died, 1 leR the prism to go to Warwick, at six
o'clock, and never heard the conversation described by
Lawson and Rathbone.

Mr. Green, the medical superintendent of the Lunatic
Asylum, wu called and examined as to the time when he
was sent fur to Hodgetts. He said: It was in the morainic,
between nine and ten o'clock ; the man was walking about.
' He said he had had epileptic fits, and was bewildered in
his mind. I stayed with him and administered medicines.
1 Saw him again in the after part of the day, I be-
lieve; but I can't speak positively on the subject. I will
swear that I did not leave him on the first oceation, as I
found him—without physic or anything. I saw him again
in the evening ; he was in extreme danger; be could not
speak, neither was he conscious. At 10 o'clock at night the
man died.
Mr. Bely—Are you quite positive that Hodgetts was
walking about in his cell. because Cotterill has sworn that
he was an bed ?

Witness—Quite positive that he was walking about.
Mr. lialy—llo you think it was safe that a man who bad
had tits of an epileptic character, and was in a confused
state of mind, should be left alone in his cell ?
Witness—Surely not; he was removed to the infirmary.
Mr. Bely— Not until the evening.
Rathbun, was recalled, and, in his examination, flatly
contradicted the witness Cotterill as to the time when he
left the orison for Warwick on the Monday morning atter
the death of Hodgetts ; he again positively swore that Cot-
Ural was present at the breakfast table when Lawson asked
him if be thought Hodgetta was .• picking it" now; and
that he heard witness's reply, " It will not be good for some
of your health, if I am called at the inquest."
Thomas Jefferies, one of the warders in charge of
Hodgetta' nil, swore positively that he never did find an
accumulation of 18 loaves in Hodgetts' cell, as had been
sworn to by ltathbone, neither had he ever made any
remark to the effect that be did not know what Hodgetts
had lived on alt the week. Positively swore that he never
said that he wouldgive five pounds toget Lawson discharged,
but admitted he might have said he was a villain.
Capt. Williams—Are the oaken in the prison very much
divided in opinion ?
Witness—Yes.
Capt. Williams—How long has that been going on ?
Witness—Three years : it's come to • crisis at last.
Capt. Williams—We shall go into that hereafter.
Mr. Thomas Wood, the schoolmaster at the prison,
deposed that llodgetts was received into the prison on the
13th of July. Witness first saw him on the 19th ; did not
observe any accumulation of loaves in his cell at that time.
Saw him between nine and half-past ten on the Sunday
morning—at the time be waslying down extremely ill.
After the man had been dead a week heard an indefinite
complaint respecting an accumulation of bread in Hodgetts'
cell. The remark I heard was that Hodgetts' had not been
well attended to.

Chief Continistioner—Are you quite sure that bread
was mentioned in connexion with the maltreatment of
Hudgetts ?
Wdoese—lt wee.

Capt. Williams--Dote a prisoner for trial remain in his
cell without any labour ?
Witness—They have not much labour ?
Capt. William►—What is the largest accumulation of
bread you have ever seen in one cell ?
Witness—l have mein as many as eight loaves in one
cell.

Capt. Williams—How is the elementary instruction car-
ried on to a prisoner like Hodgetts?
Witness—l should give him an easy book when he sou
in health, and visit him once or twice a week.
Capt. Williams—Once or twine a week ! Then prisoners
for trial in the gaol have no more moral or religious instruc-
tion than convicted prisoners ?
Witness—l think they have not.
The Rev. Mr. Sherwin, the chaplain, was recalled and
examined on the subject of the frequency of his visits to
the prisoners " for trial" and prisoners • convicted." He
said—" I had not see* Hodgette, who died, for twelve
dap."
Capt. Williaste—ls it your practice to tee each prisoner
privately at the tints they come in
Witness—Yea ; and on their discharge.
Capt. Williams—So there is no more attention paid to
prisoners for trial than convicted prisoners?
Witness—We can't make • distinction. I think they
require equal attention, and thcre are so many to attend to.
Mr. Saly—Have you told the visiting justices that you
couldn't visit the prisoners so often as was necessary ?
Witness—l have.
Capt. Williams—Are you not aware, Mr. Sherwin, that
the rules require that each prisoner should be visited daily ?
Witness—Yes; but I am unable to do so, though 1 am
always on the spot.
Capt. Williams—ls there • peat deal of dissension
amongst the taken of the prison ?
• Witnese—Yee; there is.
Mr. William James informed the commissioners that he
was chairman of the visiting justices at the time Rodgetts
died ; that he instituted an inquiry into the circumstances
connected with his death, and that he renewed his inquiry
in consequence of an anonymous letter received by the
mayor ' • the result sou a conviction that there was us
general knowledge of the man's illness until the Sunday
morning he died ; and with reference to an accumulation
of bread, it was a frequent occurrence with prisoners newly
admitted.

you the anonymous

:iVis should like to ha,* it.