The Express.
London, England, 1850-05-13 00:00:00

base been Uffiewd at the same time. From the posteriors
down to the ask'* and feet bad received the same degree of
earigatioe. Great Melones mut have been used. From
the 'moulders to the beck of toe hand there had been the
IMO tft atmmt, prodaced by the same inetrament
By the Judge—A birch rod would not have produced such
naerlm.
Cross examined—The same degree of violence em different
pongee would produe different *pogrom's. A seas of the
sees predated might produce chilehe appissaneei bat thee es
the diroat. I maladies d thed duy for severed days.
Lotions were applied to the seck.
Re cuwined --The Mild was in good health. The mu
must bare been used violently.
Elisoheth Foster—l am auras at the taloa. I removed
the child. and applied the Won.
Mr. Word—l am chief Oka at Guildhall. The child
was predacied Owe when Mr. 11:sealy was present
Homely was rot sworn or examined as a witness, bat lu
inessexamised the child. I heard Mr. Kemaly say somethieg
seas who had beaten theehild. The alderman mid to Kesealy,
" The only question ta, did re best been i" he laid, " I don't
duty k." Before the elute was esszined Beastly raid,'' If
dem% io throe any doubt upon the child's testimony, I
kit the child be here, I west to examine hue." The child
ens examined as to his InCT.ticonseimeanese, and after that
he was examined at the request of Mr. leneily. On
Thursday lista/sly appe
hail
ared again, and was then held to
Cram examined—l learned from lienealy that he had
brought the child from Iroise.' The boy said, " This is my
stick ; I was beatea with it by a gentleman; it is the gen
'dentin she jut spoke ; I had only my skirt on ; be tied
me up; when I had my hands tied he pat me on nail, and
then to beat ;he promise to give me the eat-and-
Crov-marainedby the defend ant —"Ton told me you beat me
because I told lies; I used to wit lies; I used to use nasty
words. Tae night you beat me I slept with you; the next
mornieg you washed me. You told me andll nothing at
all. Ton taught me to spell a-.d to read, give me pie.
tares. You gave me playthings. I often told you yea were
• good master. The lady was very food of me. Ton ohms
told me to ho good without beating t you used to play with
me ; yew often gave me • fine description of heaven, where
good boys would go to, and bad ones to hell."
Re-e ximined.—'llse hoy sometime* adopted the wage of
Mr. Homely, sad sometimes said " yes or no."
The child, who went by the n ime of Edward Hyde, was
then produced, and ilaced on the beach beside Lord
Campbell. H e existed a good deal of interest in the court,
wish h was derseiy crowded. At first to showed signs of
'onside/able tic; idatioc, but the learned lord's manner, as
be prozes!ed to question him, with a view to sweraiaiag
the strength and character of his moral pereeptioas, soon
pat him at hie um and his testimony. on being
imantined by Mr., woe in substance as follows
Ir. member the eras roma in the street. I was
living with Mr. gesealy. I said to sleep with him. I was
heatcn by his bekre 1 went into the sixth He beat ins
with a ease, which 1 had with me when I was head. He
beat me too SSC 101T0l1111 m 7 1111110011; all my clothes were
off but my Mitt. It wee is the room where we slept.
1 was not tied. My neck was hart with a rope that was
put toned it by Mr. Beastly. He caught hold of the
other end of the rope. He Kneesed it. I did not try to
de: awn;. It %net me mend my neck. He then flogged
tat. The flogging was all at eau. After I was flogged I
meat to bed ; it was at night. Tree neat morniag I domed
myself, and thin I braid the tire. Then I went oat !.y
myself to pity, after which I went home. The day I was
hand I went out by myself and turned to the left. Mr.
meanly told me to go to Hiptiste by myself.
Cross-examined—He told me to go to the corner mid
wait for him, and he would take me a walk to Highgate. I
west on and lost myself. I was not frightened when I ban
my way. Mr. Beauty often took mu a walk ; sometimes
to Highgate, sad 101110tintta to St. Jeates'e-pars w fed the
dodo. He taught me to spell and to read. and to soy ttrp
prayers. He bought we playthings and bey, ken with picture,
in them. I wilectim:s told him lire, aid then he was very
angry with me. When I told the tenth he was alea3s kind
to me. He always told me to be a fine good boy, and I
shoal., make a good holiest man, and it was very wicked to
tell lies. When the weather wag tine he sent me into the
square to play ; and when it was bad he kept me at hone,
and gave me totems to play with. He told is. little stories
and taught me little songs. 1 slept is his bed every night.
He brought me over from Ireland. I had not then leant to
read or say may prayers. He began to teach ate to reed as
soon as I came to London. He kissed me every day. I
promised him I would tell lies any mare, and he then
took me is his arms and kilned me.
R :-examined-1 was not reading to him the night he beet
me.' I was dosing nothing. I was beaten for not knowing my
leseone. I had been saying my ABC to him that night.
By the Judge—l bad not told lies Mat night. I cried
very much when be was beating me.
This was the case for the prosecution.
Lord Campbell observed :hat the prosecution had been
properly instituted, sad he saw no reason why the eau should
be carried further. There must be &verdict of guilty against
the defendant. For some unaccountable reason the chas-
tionsent inflicted on the child had been greatly b. yond the
bounds of moderation. A parent had undoubtediy a right
to chastise his child, but that was a right which must be
exercised within the bounds of the law. In this case the
evidence went to show that the defendant bad really the
welfare of the child at heart, but the chastisement inflicted
amid not be regarded as moderate when infEcted on a child
of such tender rue.
Mr. Whately, who appeared for the defendant, observed
that if ha had • somewhat difficult task to perform before his
letztolp's observation were man, his difficulty was in
by those observations, of which, however, he did
sot =midi. It was his wish to say a few words to the
jnadbefore they took the cue into their heeds.
Campbell Mquired if the learned counsel intended
to alter the case which had already Dena given in evidence.
Mr. Whately did net Intend to do so, but his wish was to
offer scene observations to the jam which, if they could not
auulpate the defendant from the whole charge, might at
least exonerate him from part of the chugs laid in the
Witter:mt. Tsie learned counsel then inveighed against
the manner in which the indictment hat been drawn,
and upon the conduct of those under whets instructions
the prosecution had been instituted, is inserting a charge
tato the first count which was Ia no degree sub-
stantiated by the evidence in the case. Against whom
was the charge made? Against a gentleman well known in
the profession, and also well known as one of the most an-
compliel ed scholars that this country had produced. lEw
much scorer he might have allowed his temper to overcome
him on this particuler occasion, it was clear, true all that bad
bun detailed in evidence, that be was anything but system-
atically creel to the child. He had brought the child over from
Ireland, with a Mew to having hint prOpirly educated, and
of furthering his prospects in life. The boy was addicted to
lying—a vice which be had contracted in Ireland, and to era-
dicate which the defendant sometimes inflicted chastisement
upon him. Such conduct was unexceptionable, provided
the chastisement was kept within the bounds of moderation.
After the observetime which had fallen from his lordship,
be starchy expected that the jury would determine that tile
chastisement was moderate; but he hoped that the whole
conduct of the defendant would be taken into their con-
sideration in coming to a decision. At all events, should
the jury find against the defendant, he was confident that
their verdict would be confined to the second count, which
only charged him with an assault.
Lord Campbell observed that the ease was a distressing
one. but that both he and the jury mast deal with it ac-
cording to the rules of law. He rejoiced that the
whole tenth had come out, as it went to show
that mo serious stain would attach to the eharacter of the
defendant, 'mhos appeared to have taken care of the child,
and to have had its education and welfare in view. But the
question for the jury to deckle was, whether or not the
charge preferred against him had been made out. Ile was
entitled to ell the rights of a parent, but u regarded this
tisentent these rights were limited to the fine of moderation.
It would be for the jury to say whether the chastisement
Ia this ease had been moderate. Should they find a ver-
dict of guilty, it mutt be confined to the second count, there
being no eviden7:! to support the first.
The jury returned a verdict of Guilty on the second count.