The British Press; or, Morning Literary Advertiser.
London, England, 1826-08-14 00:00:00

OXFORD CIRCUIT.

GLeirClerfalt, Atm. 11.
SMITH THE IDIOT.
THR XIXO O. WILLIAM SMITH, THOMAS SSITH, AND
SARAH SMITH.
This wan a prosecution instituted by gentlemen who see visiting
Magistrates of the Stafford Lanatle Asylum against William
Smith. Thomas Smith, and Sarah Smith, the brothers and sister
of an idiot, named George Smith, alleged to have been oppreestd,
maltreated, and iujueed by the cruelty and harshness Of the de-
lendants. The three first counts of the indictment charged, that
the defendants, having the are, custody, and control of a certain
idiot, named George Smith, wilfully and maliciously deprived the
said George of neeetisrry food and raiment, and exposed him to
cold inclement weather, thereby inflicting upon hiritdivets injuries,
whereby he became weak, emaciated, and extremely ill. The se-
oad three counts charged that the defendant, William Smith,
. • named

eaving the are, euetodi, and control of a certain idiot, _
George Smith, suffered and permitted Thomas and Sarah Smith,
his servants, to act, and acted himself, in the manner described in
the three best counts stated. The next three counts alleged that
all three defentlents being charged with the care, custody, and con-
trol of the said George Smith, inflicted divers assaults upon him,
between the Ist January 1825 and 25th January 11124. The tenth
and last count chased the defendants with a common assault upon
George Smith.
Mr. Tar err oe: (with whom was Sir. RUSSELL) opened in a
candid manner the simple facts of his case, undisguised by ons.
ment, unexaggeratrel by remark, and apparent* forgetting alto-
gether the recent civil proceedings. After a statement of facts to
be proved, he lett the case in the hands of the Jury, leaving justice
and retribution to be rendered by their verdict.
The Learned Counsel called the following witnesses :
Samuel Hardy, examined by Mr. IlussEcte.-W'itneste is a la.
homer, and worked at Willow Bridge Lodge in old Isaac Smith's
time. lie had six sons and three daughters. Sate George fre-
quently about sit-and-twenty years ago.
Mr. CAMPBELL übjccted to evidence being given of facts
twenty-six years ago, when the ill usage chargr.rin the indictment
was alleged to have commenced only on the Ist of January 1825.
?!r. Justice Bon ROUOII MAN of opinion, that as the indictment
charged the defendants with using tee idiot in a manner that made
him become contracted and emaciated, his pyevious state was
evidence.
Witness resumed—At that time he often saw the idiot turn a
fan wLilc witness was winnowing, and he was then a good-looking,
tall young mail.
John Goodell, examined by Mr. TAUNTOX—I am a farmer
living aellorrington, near Willow Bridge farm, where old Isaac
Smith lived, and frequently saw George Smith the idiot, in his
father's barn yard, about twenty years ago. I low him on one oc-
casion foddering the cattle. He was a well-grown, tall young
man.
James Barker examined by Mr. Rosstar...-1 was apprentice
Rome time ago to a joiner, who used to do work fur the defend-
-4,44 William Smith. 1 took some work home to the house at
sluckleetone Wood, about eleven years ago ; on *hat occasion saw
George Smith. lie came half way down stairs in his shirt Rode
went up again. Ile then ceute down again and returned. lie
was able to walk up at a regular pace.
Cross-examined by Mr. TALEOUun..--He walked slow.
Benjamin Hartling examined by Sir. Tanievtier.—l am a at.
met living at glace, in Staffordshire, which is about three miles.
Iran Alticklestone Wood. About twenty-six years ago, old Issas
Smith lived at Willow Midge Lodge, nod at that time I frequently
saw George Smi.h. I have seen him driving horses and cows.
He appeared a straight, upright, good-looking young man.
Thomas Eld. Esq. examined by :lit. RUSSELL.-1 reside in
Staffordshire. In consequence of semething 1 heard on the 25th of
January, 1 went to the house of the defendenttaat Blucklestone
Wood, in company with Mr. Broughton. It was a very hard frost,
and we were on horseback. Poulson, the constable, was with us,
but he was on foot. On arriving at the house we saw defendant.
Thomas Smith, about four yawls from the door, going towards the
stable where the waggon-horses were. Mr. Broughton asked him
if Sir. Smith lived there ? lie answered " Yee," but he was gone
to market. I said " You arc a Smith, arc you not ?" He said
" Yee." We then walked into the house. AI r. Broughton asked
him how many brothels he had. He said " there is the brother
that is gone to market, myself, and a sister." I saitl " where is your
poor unfortunate brother who is out of his mind ?" lie made no
answer. I said " I know where he is ; he is in a dark room at the
top of the house, with the window bricked up." Mr. Broughton
said " I must see him." He seemed very much alarmed, and he
said, " Gentlemen, you cannot see him, you cannot see him 1" I
said "we will see him, or we shall break the door open." I said
that, because I heard he was lucked
.tr. Ile said, •, Gentlemen,
give me leave to call my sister down ; and I said " certainly."—
lie was then moving tiff towards tile foot of the staircase; vied I.
said •• You must not go up stairs until we go with you. We
demand admittance into the roonnat the same moment you go in."
That prevented his going up stairs. lie then said, •• You had
better let me go up stairs and tell him you are corning, or he will
be terrified to death." Then the sister came down stairs, and we
said " Ma'atn, we wish to see your brother." She said we could
not see him, for that the other brother had locked the door and had
taken the key to market. Thomas had suitl.the same thing before.
I said, " If you don't let us go into the room, we must force
the door open." She said, " Gentlemen, I hope you will behave
like gentlemen ;" and I said, " I hope we shall." She then asked
it we would sit down or take any thing ? But we declined, saying
we only wanted to see her brother George. Sho then told her bro-
ther Thomas and the servant to look for the key. They all locked
for it, but said they could nut find it. I went up to the garrets to
see if I could find the idiot. but I could not. I then came down on
the first landing-place, and there I fbund Mr. Broughton and the
constable with the defendants Thomas and Sarah Smith. I said,
" Mr. Smith, you heal better let us see him without any further
trouble, because we are determined to see him." lie then went
into a room at the end of the passage, bat 1 saw it was light, and
said that was not the room. Mr. Broughton then pushed open a
door, end said, " This is the room." We weakiae Vegeta aegis*
to the window, which was bricked up. Them was a'hole in the
bottom that would admit your fist. I punched one of the top bricks
until I loosened it. I took It down, and four or five others. On
turning round, I saw Itic Broughton, the constable, and the two
defendants, Sarah and Thomas Smith. I saw an old bedstead,
with the door of a cow-bouee against the side of it, propped with a
piece of timber. I observed also heaps of excrement down each
side of the room. There was very little chaff, but there was some
sticking to it. There was an old piece of rug, rolled up and thrown
down on one of the heaps of filth close to the fire-place. I said to
the sister, " In the name of God, where is this poor creature?"
She stepped up to the head of the bed. She turned oft' the cods of
two bags that lay on a small filthy blanket. She said, " Gentle-
men, here he is." I saw him lie coiled up, one foot in one hand,
and another in the other, with his knees up to his throat. Ile
seemed very filthy, and he was perfectly naked. His beard was
tour or five incites long. He was laying on a heap of oat-chaff on
the boards of the bedstead. 1 did not see any thing else under him.
There appeared to be a little fresh chaff at the top, but the other
part seemed to be of long standing, and was quite caked. The
use of the old cow-house door appeared to me to be to keep the
chaff up. I observed the boas of the bedstead, and they were
all of different lengths. It appeared to me that the saclatig had
rotted through, anti some louse boards were placed on the frame of
the bedstead. The rug appeared to have been used for the
purpose of in-raping the excrement off the chaff on the bedstead.
There was nothing in the room besides the bedstead, the heaps of
filth, the lug, and an old greatcoat that lay at the bottom partof the
blanket. 1 saw DO other space for the admission of air except the
door, the hole in the bricked-up window, and the chimney.
None of the outer air could come in. I observed the fire place, and
there wet rot the smallest appearance of a tire hereto been there
for a great length of time. There was a grate in it, but no soot on
the back or sides of the chimney. Mr. Broughton said he never
RAW such a horrid bight in his life, and I said the same. We were
in the room from ten to twelve minutes. Mr. Broughton said to
Miss Smith. as he was walking across the room, and she stood in
his ways " it, stand once the way, or I will knock yet down."
lie was very much agitated at that time. Vie then went down
stairs, and after same conversation, I went for Mr. Garrett, the su-
perintendent of the Lunatic Asylum at S afford, and returned with
him about nine o'clock at night. We then went up into this room.
It was then perfectly cleansed, the heaps of excrement were re-
moved,
and also the chaff that haul keen on the bedstead ; and the
floor was very wet all over, as if kited been much washed.
Cron-examined by Sir. Got IMELT.-1 nrver saw 3lr. Bird, the
proprietor of the Birmingham Journal. I have had no intercourse