The British Press; or, Morning Literary Advertiser.
London, England, 1826-08-11 00:00:00

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the olsinhfrA witnesses z but as far as I shall attempt it, I hope to i
g., correctly through the evidence of some of the witnesses who have'
Lime exeteined. Indeed, I know not that at any time or in any ;
erase of the case it would be necessary to go through all the el&
Ornee. because many witnesses speak to the same fact, and I am
ate of those who think that a Counsel best fulfiletne imerest of his
client by only laying hold of the prominent pert* exhibited by the
ease against hint. But, Gentlemen, before I do that, I will in-
form you who the defendants are in ibis action, becauac that is :
a subject which has been scarcely touched upon; and then I
will state to you what is the short question in this ease, be.
cause the evidence given to you on Saturday goes back to a
period with which these defendants have nothing on earth to
do. It embraces a compass of at least twenty years, due.
hie/ which they have neither said or published any thing with
reference to the plaintiff. The defendants, Gentlemen. are, one
the nublisher, and the other two, proprietors' of a newspaper recently
established in Birmingham. sod called the Itirnrinenam Jouenal,
aid it is a newspaper which is therefore puhli.hol at a distance
from the place where the transactions inquired of took plate. The
defendants themselves were wholly unacquainted with the family
of the Smiths, and therefore these publications are beyond all
doubt free from any malice on their parts towards that family.
They merely published the circumstances of this case (which ex.
*hest great interest in the county of Shropshire, and which had
been the subject of much conversation and comment) for the in.
tormation of their readers. in doing this they did not go out of
the suhere of their duty. I do not stand here as the advocate of
everr thing which appears in newspapers; but these useful vehi-
cles .of intelligence surely must have some little allowance made
towards them, considering that they are sometimes published in a
hurry, that they must come out at r particular time, and that their
readers must not be disappointed in the daily or weekly supplies of
information which are expected. Their business is to afford
instruction and amusement to the public, to give an ace
aunt of the passing occurrences of the day, an I if the
Most strict special pleading accuracy is to be rigidly de-
manded of them, you will drive responsible and respect.
able persons from having anything to do with them, while
they will sink into the possession of persons with as little lio-our as
wealth, and from whom those injured ti their calumnies can
never receive that compensation which a Jury of the cauntry
awards to them. The great security of the public against that
which is oftentimes called r• the licentiousness of the press" is,
that the newspapers of the nation should be condured by persons
of responsibility. But if, upon. every insignificant clip, and every
trifling inadvertence, the proprietors of a public journal of this
see are to be dragged into a Court of Justice, and made severely
responsible, I can only say, that will happen which I hive stated
to you—namely, persons of credit and character will he entirely
elt.ven heal them. I will give you here the maxim which a great
adeocate, who, particularly distinguished as he was in eases of this
Vet. never tailed to tender to a July under such circumstances, I
mean my lewd Erskine, because it is one on which the principle of
tette duty ought to proceed.
•• Be to their faults a little blind ;
Be to their virtues ever kind ;
And clap a padlock on the mind."
The meaning of which is, Gentlemen, that the conductors of nem,.
papers are to be treated with candour, with liberality, and with
, indulgence. I do not me.ia to sty that newspapers are to he pro.
teeted in the propagation of slander; I ant the last person on earth
who wottld eanction such a proposition. If you catch any publics.
I •nn. be it newspaper, review, magazine. or Isnot( of any size, ie.
seating a paragraph clearly indicative of pereoeal malice alpinist
tee piny attache). let the vengeance of the law have fall effect.
I: the proceeding be by an 3C:iOn for damages, let a .fury give the
ftal ethimenution for the injury. If the prereeding he one of a
t•eminal namre, let the Jury, without hesitation, bring in a verdict
of guilty, and the Court will kilow how to deal with the offender.
Bet the present case is not one of that drerption. When yna
have 'testa the evidence I shall produce before you, and fir which
year minds are but little prepared, I am sure that if. even at the
ohne of the cam, you shnuld feel yourselves compelled, in cons..
q tence of any technical nicety, to give a vertlictfor the plaietiee
Lath with reference to the demerits of the plaintiff's ease, as they
bays opine out its crommeentination, as well as with reference to the
misfits of the defendant's case, as I shall lay it before you, you will
feel yourselves bouud to cut down the claim igen to such a sum a.
ecisell be altogether nominal. Now, (lend-men, 1 will state to you
sexy briefly what the question is which t • I have t s determine, and
I may best elucidate that by tine info m ig you what it is nor.
You ate not here to try what the ire:tune,' was which this wretched
nem, (leorge Smith, receiecti during the life-time of his father.
Vita have not to consider what the directions might he that the
father and moth& gave respecting his treatment. subsequent to
their death. You are not to inquire what the treatment of the
e-eviying (tinily was. Sl'ter e1...t event, toward,: this miserable men.
[tut the question to which your attention is to be oeled, and
upon "'loch you are to pro tonere your opinion, is, what was the
hum In which die unfortunate idiot was discovered upon the 23eh
of January last, when Mr. Ilrotighton, Mr. Eli. anti the eonstabl.
I' outsell, paid a visit to Mucklestan Wool, anal extricated this
vier creature from the condition in which he had been kept, and
1.1 which lie then was; for the paregraple- complained of relate to
'het citified reriod. and no other. Now, Gentlemen, havine stated
to you what the real question is which you hare to try, I will at-
eeteet re, ge ever a little of the evidence already given in this most
totteateedinary caret and I ordereske to prove to your entire seri,
fullest shoat-sake greaser emu of the evidence you heard on
sourday is a tissue of the merit wicked, the most shominable, and
c:emey perjury that ever exhibited itself in a Court of justice. Fire
of all let me observe, that the tale on the other side it the most im-
probable that was ever told. You are to believe that thee young
eine, who is reiresented to have been from hie nativity an Mho. bad
Fria for a long series of years most grievouly afflicted with tits ;
teat throe fits became worse and worse. unlit at last, according to
tee Ivory of Meta Smith, he had no less than ten in the fortnight
review; to his removal to the Stafford Ate Inm. eientlemen, what
telnk ye of that, when I will Brave to demonstration, that for the
seven months lie has been in that praie-worthy instruction, he has
re, had a fit of any sort or description e That in sa to the prohahility
or the plaintiff's carte. Now to the evidence. You recollect that
C e first witness tpkil /on Geotge Smith had every !moire his wishes
retold desire; and • particularly fond e re f cam, hi. potatoes
itgllng
were mashed up cream every day before they were sent to him.
I weeder she not also swear that these clean shirts and clean
I:nen they have talked of, but which I will prove never existed,
were perfumed with lavender water, because that would be jest
as well founded as the cream story ; for Miss Smith tells you he was
not fond of cream; that tie seldom had it hut with hi+ t'3, and even
then he sometimes went-without ei, her milk or crean eus they had none.
I say, the probability of the case is, that instead of being kindly.
he was unkindly teemed; that his ntaltreatm •eat got wind in the
reighbourhool. anti that, upon the coefidenee of some rumour or
report. Mr. Broughton, with a humanity witieh does honour to hie
feceinge. went to the house, anti found more horrors than he could
hare believed to exist. Mr. Brotighton could never have acted front
sly other feeling than ore which was influenced by hie duty as well
as: his humanity ; anti yet my Learned Friend ( Mr. ('ampbell) has
been Instructed—and I protest I could suspect none else but the
devil himself would give such inetruetions—to .ay, that gentleman
acted, upon this occasion, in a manner unworthy the character of a
lean, a magistrate, and a clergyman. Gentlemen, I was este-
embed at such a representation ; but distortion and falsehood are
the etiaracteriaties of the case on the other ride anti I will refer you
to the evidence for the purpose of establishing that assertion,
'Pharr le • marvellous coincidence" which struck me between the
reklenee of Elizabeth Wynn' %o .! hs Johnenn. and 31ary Parton.
Fob of those witneesee lived with the family of the Smiths three
times. All of them WWII the', on their teepee-five tiro servitudes,
the unfortunate idiot emild walk I but, when they returned the
'mend time, he hid totally Inst the nee of his limbs anti was cO7ll.
)teetely hdpiese. Elizabeth eVyett, you see, went to live there
is 1813. She lived there for one year. She was then absent a year,
and. went the second time in 11105. She then reinair.ed another; year.
aed after that she 'tendert a thin) year, making her eerviee cited
&Mon to 1807. Now, Gentlemen, pray mark what follows.
l'Ara Meth Wynn swears that a hen she first went there in IWO
reweese Smith was able to walk. The second time she went in 19113.
te sum? Wilier able to walk, and so continued in the third moire!
to ?ten semitone. The neat witness. Martha Johneon, went there
usiree.eree years age. nvocCy, in lees. She remeined there two
year., bringing it to 179/ ; she was then 'berm for three years, and
relayed in the year 111110, when she storied until 1003 ; and then,
ehe ells, George Smith was unable tee walk o• to move shout,
though he could walk in 171). She leaves, anti Elizabeth Wynn
seeceeds her, so that in 111113. when Martha Jehminn swears George
Smith was unable to walk or to move, Elizabeth Wynn swears he
was perfectly capable of walking. Again, Mary Parton swears
slot wen; in the year Inge, when George Smith was able to walk.
Item remained a yeer, stayed away another ye's.. end then returned
its 11108, when George was to longer able to walk. Now three,
lieettemen, are contredictione, over which it is impossible for vett
te ehrow any supposition of mistake; and they show, a. I rout
befate, the clonisinesa of their perjury ; for it is manifest all these
"tett:nom have been tutored to this tale, and hiving all resolved
(h 4 each shnald say George was able to walk the first time
CO WPM to live with the Smiths. they forgot that a competition of
de- would dame them ; for as I have heard wiser men than my.
nee' s ty, when people are inclined to be rogues, it is fortunate fur
the cede of justice that they carry with them the concomitant
eirometer of fools. Here the Learned Cetineel oreeeedol to
peat out various other Inconsistencies and contradietiotte, and pro.
seeded as follows. Now, Gentlemen, I will promo! in state to you
the real tnedition in which this unfortunate man George Smith was
tinahel ; and when you have heard the case we shall prove, you will
then have the goodners to apply to it the observations which 1 have
made. In conseqaenre of what had been heard of merman in the
neightnertenode 'ripening which I shall say nothing to you,
file. Bronebton, the Magistrate, and Mr. Eld, a neighbouring
gentleman, thought it was their beinden duty to make inquiries
into this horrible care. Aconrdingly, on the 2rll, of January last,
they took with them a man of the name of Josiah Poulson, the
rut:teal:le of the parish of hlureleettin, and repaired to Smitten
tra:.e. When they rime there, they foetid 'l'. Smith n err the door;
time eel kilted the purpose of their visit, first of all inquiring it
It was tree that he had a brother in a state of confinement. Thome.;
W us visibly taken by surprise. Ile was alarmed. lie appeared to
be terrified, and he begged them to stay before h- went up stairs,
at .tlng as an excuse that his brother William had gone to I) coon
seeeket with the key of the mom in hi.: pocket in which this other
isredver was locked UP. It was in enneerptence of this, perhaps,
that site of theme gentlemen said he would break the door open ra-
thee dom go stony without discovering the truth. Thomas then
steel he mutt go sip stairs to prepare his brother for the visit, and
puffy him, by telling hint that he had a brother come from a dis-
tnee to see him. Now this is said of the brother George, who is
otwoOl to be such an absolute idiot ns not to know one person from
another. I will diepyore this assertion beretd the possibility of
doubt, because I will show you, that though this unhappy creature

is in a state of Minter, he can distinguish persons, and he does
know one individual from another. Thomas then made a motion
to go up stairs, and Mr. Ell and the constable, suspecting there
was some trick about to to played, followed him, not up the stair-
case by which he went, hut up another; and on arriving at the top,
there they found good Mr. Thomas Smith, who, you will never
fail to remember. has not been called. Some conversation then
took place between all the parties, and Mr. Broughton observing a
door whit a staple and chain fastening It, was instantly struck that
the pone man was confined there: and he was confirmed in this opi-
nion from the circumstance that when they passed this door their
smses • ere aTected with a most horrible menet'. Although it has been
said that this room had never been locked, I will prove that it had fre-
quently a padlock on it. I t has been awl,fll also that it was emoted out
on the Monday preceding. You will soon perceive how true that is
toso. They opened the door, and found themselves In a mom, to
describe which defi•ii the powers of language. It was so i'ark that
there was no light in it. save what was admitted through a small
aperture in the brick wall, which had been mortared up against the
window, for they were not loose bricks, as it has been represented.
They found themselves in a room, the floor of which was covered
with choir and human ordure. to such a degree that they will swear
they believe there was enough to fill two wheelbarrows, had it been
shovelled tip ! They immediately pulled down some of the bricks
and admitted more light. They saw then a bedstead. Miss Smith
went up to it, and just uncovering a little bit of an old blanket,
besides which there was nothing nn earth but two dirty begs and
an old tnp.eoat. in the cold month of January, she said," Here he
Is, grntl.men !" and there they found this poor miserable wretch,
stark naked, without anything whatever upon hint but the rags 1
have described; and, according to the Smith's own account, the
other things had been carried down more than half an hour.
whic:i is no inconsiderable period for such a poor creature so to be
exposed at that inclement season of the year. He was lying. Gen.
denten, on a bed of loose chaff and his own excrement ! There
was neither mattress, bed, nor any thing else under him but that
which 1 state, nor do I believe there had been any thing else
him, but that which I state, nor do 1 believe there had been any
for years. His skin was yellow; his beard was, at least, four
inches long; his person was offensive to the greatest degree,
anti nothing could exceed the abominable stench which exiteed in
the mom. They could not walk across the floor without defiling
themselves with the filth ; and yet this is the unfortunate creature,
of whom they would have you to believe they took so much tender
eare. Gentlemen, the unfortunate wretch was taken that right to
the Stafl'ord Lunatic Asylum. There he was put intoa warm bath,
which, above all things,:' the most cleansing, and yet so completely
poisoned was he by the filth in which he had been suffered so long
to remain, that the bath was repeated over and over again before he
could he nitrified of the infectious stench which issued from his
body. Ile has, however, recovered, day by day' in one of those
charitable institutims which are the ornaments of our national cha-
racter. He is now able to move his toes and his limbs ; he is able
to take his food himself, and though certainly an idiot. lie can un.
dersmnd anti answer any plain question put to him. :The Learned
Counsel proceeded in his speech, which occupied two hours anti a
half. lice regret that we have not now time to furnish our readers
with more than thz conelusion.l My friend has said, in the COUM,
of his opening speech. that if the charges which these suppose*:
libels contain are true, his client is not fit to walk in human society.
I agree to that most perfectly, and I will prove they are true. 1
believe Mr. Broughton and Mr. Kid have been the means of Tea-
cuing this poor wretch from inevitable death—death. did I say
from that which is ten thousand times worse than death. The
horrid instruments which despots employ to inflict torture n
the unhappy being under their detested rule, sink into insignifi-
cance before the cruelty exercised in this ease—
" Th' uplifted ase—the agonizing whet 1,
Luke's iron crown and Damien's bed of steel,"

are nothing compared in the horrible and heartless torture which
this family kilicted nn their own forlorn brother. Think. Gentle-
men, of a fellow-crenture lett exposed and naked on a bed of clear.
walluaing in his own online, in a dark room, in the month of
January, without a tire for months and years ; and that, I sat, is
infinitely worse than all the humenta and all the torturea of Mist-
ime power and tyranny. Their pnnislimenta, at least, put a
tweedy period to the unhappy victim's existence. lie may for •
shat time linger in torments, yet they are torments that he ant.
vices not long; but by the inflictions of this merciless family omen
their unfortunate brother, he was doomed to drag on months and
years of misery OA he not been saved), until at length nature
woJla have given way, only because she had not longer strength to
hear it, and death, in mercy, would have terminated his sufferings
Gentlemen, 1 hare gone through this case to the hest of my humble
abilities, and trust I have not tired your patience. lam convioced
that after yea have listened to the evidence I shall lay before you,
>our verdict will be pronounced In my favour. I say this with
confidence, because the defendants' ease is built on truth and on
justice—ten truth, which will ever prevail, though fors time oh-
cured—on justice, which, though temporarily impeded, will in
the end be executed- . _

N
t

Edward Wade deposed, that thirty years ago he u•tal to work
with old Isaac Smith. at Willow Bridge Lodge. George Smith was
at that time on the farm, and used to do little things that were ne-
cessary. Witness has seen him driving • plough, and he has also
&Bowed the witness, witting the gram while he was mowing. Re-
collects on ole occasion when George South was snaking hay, it
came on to rein, and lie exclaimed, "Damn !—I won't make hay in
the rair.." Ile could understand things. On one occasion olil
Isaac Smith oleservtal to witness, that his sort George was not so
tio,:ck (bright or sharp) as his other children, and lie would give
alt he had in the world if he was.
Samuel Harvey used to work for old Isaac Smith twenty.five
years ago, and recollected the son, George Smith. Witness used
to thresh far Mr. Smith, and George used to turn the fan in win-
cowing. lie could say "aye" and " no," and at that time he
was a good-hooking, straight young man, about five feet nine incites
in height.
31r. Goodall, a farmer living at Dorrhigton, in Shropshire, knew
George Smith when he lived with his father at Willow Bridge
Lodge, and Mann twenty yt ars ago saw him foddering the cattle.
a Ile ws at that time a straight, tall, gotal-looking young man.
Mary Lloyd tested that she was a nurse, anti went to old Isaac
Smith's house at the time ,Jr,. Smith died. George Smith vs.
then an upright young man, and could walk as well as any other
young man.
{'alter Blakemore, a respectable farmer living at Eecleshall,
deposed that one day, about twenty years ago, when coming from
Drayton Market, he stopped at the Loggerheads public house, to
have some beef steak+. which he bad with him, cooked for his din.
.ner. Ile saw George Smith on that occasion, who could then talK.
When witness was eating, George Smith said, " I should like
some of that," and the witness gave hint smite, and a couple of
glasses of ale, as he knew the family.
Mr. John Harvey, a fanner I ving at Maer, within three miles
of Willow Bridge. About twenty-five years ago, witness saw Geo.
Smith with old Isaac Smith, in their foal-yard at Willow Bridge
Lodge. George was then a tall straight young man, abut five
feet nine.
Mr. lieorge Blame, a farmer living near Willow Bridge Lodge,
stated that he saw George Smith, about twenty-seven or thirty years
ago„ driving his father's cows into a field. About three or four
years afterwards. he saw him in a field where they were ',laughing,
and I ieorge was driving the horses. About fifteen or sixteen years
ago he saw Iran assist in winnowing wheat, by turning the fin.
31r. William. Illag, a farmer residing in alucklestone parish,
knee George Smith tram the time he was seven years old. Ilad
seen him driving eows,aasiating to drive the hones when at plough,
and nii.urnin4, (dressing and feeding) cattle during his father's life-
time. Saw hint last about twenty years ago. lle was then a tall
wail/lit young man.
S fresh Latighton lived as servant at Willow Bridge with old Mr.
Isaac Smith. After his death, and when the family lived at
aluck'estone Wood, witness went to the house when all the family
were out except the maid, who took her up stairs, an I told her to
look through a hole in the wall into a room. She did so, arid there
saw a man 'grinding up. who. on hearina the noise outside, nun-
-Icred, " You are there." The door was fastened with four or live
links and a staple. The man looked very dark, and she could
see he had not been shaved for a long time. •

Thomas Skellow was employed fo; the last eight years to whi•a-
wnsh. the house at Mucklestone Wood, but never during that pe.
sir-; whitewashed the mom in which George Smith was. Witness,
in whitewashing the house outside. saw the window of that room
WAA bricked tip inside with bricks and niortar. There was a pad.
lode on George Sinith's door.
Timmas Bentley was formerly a waggoner to plaintiff's brother,
and on one occasion, shout four years and a half ago, went over
with his team to Mucklestone Wood, where he Masted for three
week., and used to deep in the next room to George Smith, who
to make a moaning noise in the night, but neither his sister or
his brothers used to go to see him on these occasions. He made
sorb a noise that for the last dour nights witness dto sleep in the
mottle. SAW George Smith's door. It it sl to be fastened. Tried
to get in on Iwo occasions, but found it fast. It had a hanging
lock upon it.
Thomas El& Esq.—l live at Anton Hall, in the county of Ste.
ford ; I am not a Magistrate myself. but my brother is ; in con.
Affluence of some information I received on Wednesdity morn-
ing the 25th of Ja• ear y last, I went to the Rev. Henry Helve%
Broughton, and after I had said something to hint we went toga_
thee out horseback to Smith's house, at 3luckleittone Wood. taking
with its Jonathan Poulson, the constable. When+ we got to the
house we put our horses into Ike stable. The first person we saw
wan Tito.. Smith, near the door; he is now in Gloucester. and I
have seen him since I have been here. Thomas Smith stopped un-
til we came up to him. Mr. Broughton asked him it Mr. Smith
lived there? and lie As:el, yes. Mr. Broughton asked if lie was
at home, and he said no. he had gone to Drayton Market; we
walked into the house, rod as I wan entering. I said, " You are a
Smith, are you not ?" He said, he was. Mr. Broughton then
asked him how many brothers lie lied there? Ile slid, "My
brether, who in gone to market, myself, and a sister." He
asked us to sit down, but we said we did not wont to sit down. I
than asked hint where his poor unfortunate brother was who was
out of his mind ? Ile made no answer tothat.l I sail, " I know
where he is; he is in a dark room at the top of the house." Mr.
Broughton immediately raid, "'Then we must see Wm " Thomas
Smith made answer, " Gentlemen, you cmnot see hill, you can-
not see him !" and he seemed very much alarmed indeed. I told
Trim we lied come for the sole purpose of seeing him, and see him
we would before we went out of the house. Ile then saiil we could
not see him, for his brother had locked the door and token the key
in his poeket to ma►ket. I said, if that was the case we must lucre
the (kw open, for we were determined to Pee him Ifefore we left
the hc•use. He said, " Gentlemen. g'•re me leave to call my sister
down stairs." I said, " Yes." We waited about ten minutes
foal she did come down ; in the mean time he wanted to go up the
hack stains. I told him he should not go up without us, for we
should demand admittance into his brother's room, at the 5.11,1 e
time that he went in. Ile said, "If you don't let me go up stairs