The Express.
London, England, 1851-03-24 00:00:00

ASSIZE INTELLIGENCE.

]TOME CIRCUT.—MmwroNe., I.titen 20.
ay.rs Hine.—Bno 71e. Bone Paiute.
THE Qrnsx on Tim PWISECUTIoN or THE COVIIIM
.10NElist IN Lesser T. ALFRED HOWHAN
AND (itoW.T. I'TETECT.
Thi, was an indictment for niirlerneannr preferred by
the Commissioner. in Lunacy against the defendant*, the
prorietor and the medical officer of a Lunatic Asylum at
Mailing, in this county, for haring made false entries in the
books of the establiAint nt, nion,entioct that no personal
restraint during a certain period had been usd towards any
of the path nts.
The defrwlant. surrendered in discharge of their bail,
and they both pleadel guilty to one indictment, in which
they were jointly chanced with the off nee, and 1)r. Mad-
dock also pleaded guilty to a second indictment. After the
pleas had beta taken, Mr. dons addressed the court for
the defendants, and called witnesses in support of his state-

merit.
Mr. Plat:tom then addressed the mart. He said that, on
the part of the Commissioners in Lunacy, for whom he had
the honour to appear on the present occasion, he did not
neck for any severe punishment to he inflicted upon the
defendants, and the only übjeet of the prooeution was to
vindi,ate the law. His learned friend having consented to
a plea of guilty, had thought it right to give at one racoon
for that course, a desire nut to expose the names of the un-
fortunate person, whore emus were involved in the inquiry,
but he mutt say he could hardly believe this to be the
reason, altor the course that hail been taken of calling wit-
mew. and giving in evidence who the parties were. It
appeared to him, therefore, that this wan not the real
reason why the defendants had pleaded guilty, but that
the fart was they wen• perfectly well aware that they had
infnnged the law in that particular respect alleged against
them in thine indictments. The Commissioners in Lunacy
had felt it the it duty undo r the tilCumstaneeg to institute
these proceedirer, and they undoulduelly regarded the
otfi•nee ns one of a very surioun kind. There warn:, desire to
pnsai the case with any severity waited the defendants, but
certainly he.did think it right to take care that the court
should fey put into pnsnession of all the facts of the ease with
regard to the manage mint of this establishment. The de-
position. would show that a proper number of attendants
wa. not engaged, and that even among those who were w
engaged several of th. m were employed in menid services
in the kitchen and about the establishment, and were
utterly inermoret. ut to perform the duty of attending upon
p•r.'mn in this unfortunate rendition.
Mr. Huron Parke said then• could he no doubt that this
wan a newt proper prosecution by the lunacy commissioners,
and that they land most properly put the law in foree on
the present tit... Anion. The deti ndant. had thought tit to plead
guilty to the offence of misdemeanor, one undoubtedly of
serious kind, but on which at the same tinte he
did not feel hianself called upon to inflict a sentence of im-
prisonment. IN, present proceeding would, no doubt,
up. rat •an a warning, and they would take care in future
to make the proper :nitrite With regard to the observa-
tion that had been made upon the subject of the law and
what was to he the deneripti of restraint that would re-
quire ao entry to he made, it appeared to him utterly
inspwilde to misapprehend the intention of the act
of parliam,it ; and it wan perfectly clear that in
every caw• when• any mechaniral restraint was r•-
sortad to the act required that the fact should
Is• entered on the hook. of the cstatilinliment, and thus be
brought to the notice of those whose duty it was to in-
quire into such mitten, It was the duty- of the defendants
t.. have made such entries, and having failed to do so, they
se-re properly amenable to tin• preowt charge. Under all
the eirrum•Linr.—, however, he thought the juntiee of the
:nee would he satisfied by the defendantts being called upon
to pay the cala•lnwc of the prosecution, which he understood
we're about LW., and he therefore should order the defend-
ant, Hr. Maddock, to pay a fine of •AI/. upon each of the in-
dictment. to which he hail pleaded guilty, and Mr. Perfect
to pay a fine of ...at upon the single indictment that had been
prep end against him.
The limn were paid, and the defendants were then ordered
to be discharged.