The Express.
London, England, 1868-03-02 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCIj IT.—Hlarro•D, Fin. 28.
(Before Mr. Justice Byles.)
Willie,* Childs, 26, and Ruth Childs, 25, his wife, Nur-
rendered to take their trial for feloniously asasulting
William Ward, and robbing him of a gold watch and Asia
and Mr. Croome were instructed to prommite.
hker. Mit
The prisoners were defended by Mr. Woollett.
This case stood over from the last amine, and It will be
remembered was one of a vary extraordinary character.
The prosecutor was • publican, carrying on Waimea in
Tottenham-court-rood, and who is also connected with
mein pursuits. In September last he had gone to • lab
at race hones in the neighbourhood of St. Alban's where
he drank pretty freely, and at night found himself at •
public-house called the Crown, at St. Albsn'e, kept by
the prisoners' where he was accommodated with • bed.
He had • considerable sum of money in his possesuien
at the time, which he placed under his pillow for
safety, and according to his testimony soon gin be
had gale to bed he was awoke by finding both the
prisoners in his bed-room, when • desperate struggle
took place between the prosecutor and the male prisons?,
daring which the ioniser had his arm cut very severely,
I dashes`` it through the window in order to raise an
The police forced their way into the hewnnem
bearing cries of " Murder" from the pro:enter, end they
found all the parties in the bedroom, the womaa \pin
the watch in her hand. It was admitted that the prisoners
would have had to pass through the room occupied by the
prosecutor to get to their own bedroom, and the defame
that was set up for them was that they were going to bed
when the prosecutor, who was very drunk, woke up in •
fright, and seised the prisoner William Childs and oh .rged
him with robbing him, end this led to the scums between
them. The woman accounted for the pommel= of the
prosecutor's watch by stating that she picked it up frees
the ground where it was lying when she went into the room.
The trial on the former occasion lasted ain't many
hours, when the jury, after being locked up till le o'clock at
night, were unable to agree, and were discharged without
giving a verdict, and the prisoner were admitted to bail
Ito appear at these assizes to undergo another trial.
When the prisoners had been given in charge the prom-
stator was milled, but he did not make his appearance.
Mr. Justice Byles inquired if he had been seen, sad
was informed that he had been in the town during the
morning.
After waiting for some time the prosecutor was a
called, but no response was given, and after the court had
been kept waiting for some time it was stated that be wee
believed to have gone away.
The prisoners upon this were Acquittal, and so the affair
was brought to a oonclusioa.
(Before Lord Chief Justice Cockburn.)
SHOCKING TRIATMINT OP • LUNATIC.
The Lord Chief Justice took his meat in the civil court
today. There were only three causes entered for trial,
all of them common jury eases. Of these one was with-
drawn, another was undefended, and the third was a
trumpery action of repleven relating to the seizure of some
goods at • public house at Hitchers. The whole of the civil
business was concluded by 12 o'clock, and the Lord Chief
Juatioe then proceeded to dispose of a portion of the
criminal business.
The following case created a good deal of interest, on
account of the position of the defendant, and the circum-
stances under which the charge was preferred.
Mr. E heard Charles James Shaw, surgeon, surrendered
to take hie trial for misdemeanour in having unlawfully
taken the charge of • lunatic patient named Frame
Danvers Weston, for profit, without the certificate of two
medical men as to her being insane, and without an order
by • relation for her being placed in his charge, and with-
out having a house licensed for the purpose.
Serhant Parry and Mr. Poland conducted the pressen-
thin on behalf of the Commissioners of Lunacy, inslassend
by Mr. law, their solicitor; Serjeant Ballantme and Mr.
Willis appeared for the defendant, who at the request of
his counsel was allowed to be seated near them, and wee
not placed in the dock.
The learned counsel for the prosecution, in opening
the case to the jury, said it was one of very great
importance, and the Commissioners of Lunacy had
felt that they had no alternative, having regard to the
interests of that unhappy class of the consasmity
who by the dispensation of Providence were bec
raft of reason, than to institute the present prosecution,
with a view that it should be known that the provision se
this most salutary and beneficial act of parliament meld
not be violated with impunity. The object of the statute
under which the indictment was framed was, that, in order
to prevent the possibility of the cruelties that had on some
occasions been practised upon persons unhappily bereft of
their senses in private lunatic asylums, every inch esta-
blishment should be under the supervision al the authori-
ties, and that ever4l:l7 where lunatics ware kept should
be isited constantly,_ , and that can should be lakes that
the inmates were dly and properly treated. It wee
obvious that if these regulations were not attended to. the
object of the act of parliament would be entirely tree-
trated ; and this, he said, was the offence that wee ba-
lloted to the defendant. He then proceeded to stateliest
Mrs. Weston was a married lady, of good edentate end
highly accomplished, bat there was net the lent doubt
that she bad been of unsound mind for a great army
years, and for some considerable time prior to her bang
placed in the establishment of the defendant she had how
in a private lunatic asylum at Foam, and there wee no
doubt that site was labouring undertbe most ex=
deluaions. One of these delusions was that elm
the language of oats and they understood bee, sad no
would walk about with •of in her arms, and preload to
hold conversation with the animal, and she used to ay
that she ruled these cats with • rod of hen. She ahe need
to say that she MS Queen of England, and that she sot
the fashion, and upon one marl= it appeared that she
lay in bed for two years in she expectation that what she
ailed some aught curtains would some to her. Me was
removed from the hones at Eghaza four or five years ego, a
certificate being at that time give by the proprietor of
the establishment that she was not relieved, bat- was vial
insane. Nothing more, it appeared, wee heard of her until
last year, when, in consequenceof some information that
was received by the Lunacy Commissioners, Dr. Blend-
ford, • gentleman of great eminence in oenneaties
with mental dismdms, and Dr. Bennett, also •
gentleman of peat knowledge in the same branch of die.
sale, and who is use of the physicians ;o1 St. Thome'
Hospital, west to the establishment of the defendant, who
keeps an ageism for the reception of invalids at Iffmne,
in this meaty, with an order from the Lord Chenadke to
visit the establishment. They west for another pompom,
but they ascertained that Mrs. Weston had been ands
the charge of the defendant for • coosiderable time, and
had only been
the in showremove:4 ulittytbefore the visit L
The result ofshowed that the=
still in the lame state of , and that 601. a year we.
piid to the detendast for taking charge el her. Akita* o
lady of polities and •rwee4ity, she appeared to lave
been etalerset the mot saw ides% mesh ea Amens
boots Inns awl fan, kea, and she had also
been reigideed meek an enereshing ansidno. 17pem
one eserden she lenied llSVGssisisd from the hem
and wands's& alma claziag a asowetann, sad WY taken
to des poliondatim ot Zero* hiss whose, Me was re-
mind bp the ellefamilmat end his wife in a dogcart, and ft
was sine that the dstendlest man have ham Veep
well mews of her mend rendition and that he
her Mime ammkhog win any of these salutary
lions provided hp the *Mature for the proteetionA
nogg poser in ler eendition.
es=Menne interposed in the nuns d
preseftMen. and said be felt it would be hope-
law to drimite-se facts that had been proved, and
be felt eumpelled to anent OA the part of the adman)
to a yea&
The jury aesseift*Tehanui a menet of desaimilms
defendant was this aatipsi epee • asond
with aa ammo el the lame dais ins in rehonema
gen named Clods. Elde nenit mho
a mat ten
wadi ingleet eel
es '
_

This ems was awe et a mak met madam ears*, then
the one lust ,seed et. The asteetemets
whose treatises§ was the &Meet dismay fametalythiM
• romponidlite meth= In the town et Bledsoe, mid see at
one period the mom et that royal Imesth. Be elevied se
the imams d a vise mereleint, bat thliamtly pee way
to habits of intempemeim the math at vita was that
hie heals beams effsetelt awl • suissimi et that
I teak plese with ha ent mime malts, sad it he
arm sememey to Thum bin is es asylum ; and it
=that be bed bees whim the thew et the
Le Les pare at the time the Ovia•
iethisems of lesesset harm mermilthed with the
mash Ilea& Da Allbsehed led De 'esseY ohm
to the aelmLwlrbshm des Meg Ow sebum mos is
meet wethelisi Oath H. vim bind an a ekes isathew
in the bask Yates. with us ether sooselaq than • *se el
midaseet. ant the =MUM was skied with
bowl lath It largairsi that • semen wad ,peid dn-
puree a week tee damning oat hie ram. end 111111111 be we.
dyemaemee the Mask wee Math§ to he Into beeibla. Is
appeerei that in the Let iseteme SOL a year were mid
IV the Meath Wm letheetpeath omismea to the de
faidaat kr taking ammo him, busieei.astea=eista.
ties that hie dirte belies sad his sema..
Asked snake Missies. —eresi¢ be eseetimp

to hive a male attendant fee him. a..)40 al•ltmets was
doubled ; brat it apposed that se attemdadi use mew
sided, and the nabargy sum was kept la the • qt•
ebbs aosatks dew* be des whed of the
Elutaye *brat the hatafs et the
esteem et the ateieslgaillemes 48
the mescal ossidilisei 61 Mr. Oh& wee, IW milthenii he
was not is the ordinary sense of the is a Innade,
that he was completely isbeeilry and incompetent to taker
ears of himself or to menage his affairs, and that he was
werbeilitedly a n et useeend Wed.
lierjeant entire, upon these teas, argued that the
=was not a lunatic within the terms er meaning of
tote, and that the indictment could not therefore be •
sogyeatad.
&rife t Parry referred hie lordship to the isterpretatioe
I skew in the act of parliament bearing upon the matter,
which defined every idiot or imbecile person Incapable a
managing his affairs, as a lunatic, and to be within the
previsions of the imitate.
The Lord Chief Jostles ups. this said he would reserve
the point.
Serpent Ballantine then said he felt that he bad no
MB war to make so the charge upon the facts, and he must
have the ease as it stood.
The jury accordingly again returned a verdict of Guilty.
The Lord Chief Justice then left the court to wafer
with Mr. Justice Ryles as to the mum he should take in
the matter. Upon his return ho said that his learned
brother concurred with him that the point was one of con-
sidorsble importance and deserved further consideration,
but in the meantime be should pass judgment,
The defendant was accordingly called up to receive sen-
tence, and the Lord Chief Justice, addreedng him, said
that be considered the inquiry of very great importance,
and it appeared to him that the offenses he had committed
were of a very serious character. With regard to Mrs.
Weston, he must have known perfectly well that she was
of unsound mind, and he had therefore, in her case aril.
fully and deliberately broken the law that was intended to
protect unhappy persons in her condition. He considered
that his conduct to this lady, who was a woman of educa-
tion and accomplishments, in employing her in menial
occupations, was most disgraceful, and fur the indictment
relating to her he should order him to be imprisoned for
two months and to pay a fine of 100/. With regard to the
second charge, he hardly knew how to trust himself to
speak of his conduct towards this unhappy man. It
was almost; sickening to hear a description of the state
he was in when he was discovered; and prisoner's conduct
was deeply aggravated by asking for an additional amount,
and receiving double the o • "nal sum under the pretence
that be wanted more attendance, and then leaving him
in the same if not worse state than he was before. A point
of law had been raised in this cue, and if that should be
decided in prisoner's favour he would have the benefit of it,
acid would be released from the consequences of the second
conviction, so far as the law was concerned. If thiashould,
however, ;tun out to be the case, be could not help ex.
•praweg a hope that his own conscience would punish him
for the conduct be bad exhibited towards this unhappy
man. The treatment of this poor creaturo—his suffering
him to lie in the condition in which he was found,
with so covering but a piece of old carpet, and
on a mitres that was rotten with filth, and only
fit to be thrown on a dunghill, was a disgrace
to any one calling himself a Christian man. He regarded
it as a very bad case, and in the event of the conviction
being held good, he should order him to undergo, upon
the second indictment, an additional imprisonment of six
months, and to pay s mooed fine of 1001. ; and he should
also direct that he be further imprisoned at the expiration
of his sentence until both fines be paid.
The wife of the defendant, who had been in court dur-
ing the trial, threw her arms round his neck and kissed
him ardently several times when the sentence was prm
nounced, and be was then removed in custody.
This cosilloded the business of the assizes. The com-
mission for the county of Essex will be opened on Monday
at Chelmsford.