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with him but common convereation. This prooecution is conducted
so far by me, that I would mot let It drop. There was'artsetion
brought against me. I suppose I shall have to contribute to the
expenses of this prosecution, though I have not yes. I suppose
some part is to be paid out of the funds of the Lunatic Asylum,
because Mr. Garrett has been served with proems also, and CAW
pose Jonathan Poulson would have to do so if he was able.
Mr. Justice Br RIfOUGH—What of all that?
Here some altercation took place between the Counsel on both
sides as to the admissibility of dm witness's evidence:
Mr. Justice Buitaouott nver-oiled the objections.
Mr. exatoatat. litre made an attack upon Mr. Bird. who is a
solicitor, and a proprietor el the Birmingham Journal, insinuating
that he was conducting this prosecution.
A Juror—Did the idiot appear to be suffering from cold ?
Witness—He did; because, when the things were taken off him,
with life left hand he tried to dime them on him again.
A Jurtw—Was the sight or the smell must disgusting ?
Witness—The sight was very horrid, but the smell was beastly.
The room was disgusting, being strewed with filth up against the
sides, and all except the centre, where we went.to and fro.
William Hawkins—l am a clerk to Mr. -Keen, Clerk of the
Felice for the county of Stafford. I have come here solely for the
purpose of conducung this prosecution. Mr. liven himself is em.
ployed as solicitor. This prosecution is commenced at the instiga.
not of the visiting Msgistrates of the Aeylnm. Lord Talbot is one
Vof them. Mr..Levett it another. Hr. Broughton is another. Mr. 'I
Curzon and Mr. Clarke, are also tv:o others. I never saw any of '
'has
on the subject but .51r. Leven and MI. Brougham. Mr. Bird
has had no instruitidna, either directly or ihdireeth,, to interfere in
this prosecution.
Rev. Iftvoy WWI Broughton examined by BIT. TAUNTON—I
Moe in company with Mr. Eld to Smith's house at Mucklestons
Weed, on the '3sth of January. It was between twelve and one
o'clotk when we arrived there. We first saw* person of the name
of Thomas Smith. lie was coining out of the house, snd I asked
him who lived there. Potilsan foliaged •us there. Thorns"
Smith said hit brother William, • a sister, and himself. I
asked him whether there was qot p mad person in the house.
He appeared a good deal agitated, and said there was. I
desired to see him. He said, " You tonna see him ! You
cumin see him ! For my brother has gorthe key of the door, and has
gone tornazket." I told hint I must ski him. He then begged he might
be allowed to go raid tell him that 'a beotherfnien a distance hail
come to see him, and that would pacify hits. I told him he should 11
'not, for I was determined to go into the room the same time as he
did. The sister then came florin, dressed very smart in a silk
gown. I then asked her to let me see her brother, who was an
idiot. She said I could not see him. She said she had not got
the key, or something to that eftiet. Soon after this, Mr. Bid
went up stairs, and Tnomas Smith went out at another door, which
I onnceivid led by a back staircaes to the lunatic's room, anti
immediately went up the front stairs. When I anived at the land-
ing place, I met ft ins Smith and Mr. Eld cooling dawn the
garret stairs. Mr. Eld Ind the constable went along the passage,
sad °period a door ou the right hand side. I was behind them, and-I
saw a door as my left, Pasta led with a chain and a hasp. I took
the chain off the hasp, pushed the door open, anti we till went in.
1 believe I exclaimed, ' this is the tenni ;" upon which Mr. Eld
I went towards the window, anti putted out some of the bricks.
There was a mere glimmering alight betCre that. After the bricks
were removed, I woe an old bedstead and a good deal of dirt about
the room. I did nut . particularly examine it. It appeared to he
dirty chaff. I was a good deal engaged in conversation with Sarah
Smith. The smell was very offensive, and more like the smell of
a show of wild beasts than any thing else. One of us said, " where
lis he?" The defendant Suet' Sentiment to the bed, pulled down
the ends of two old sacks and a dirty blanket, and said, •• Gentle.
, men, here he is." I went tip to the hedstead and exclaimed,
"Gott bless my soul—poor fellow!" He was perfectly naked.
lying with his feet in his heads, arid his knees raised up towards
his neck. As turned away from the bed it disgust testa towards
the door, Segall Smith was behind me soil obstructnisoe. I be-
lieve I made use of an expression which I- have regretted ever
since. I 'think I tea, " damn it, Madam, get out of my way ;"
1 I was so indignant at seeing her dressed in her bilk gown,witile her
brother was in—
Mr. CAMPBELL objected to the witness stating his reasons for
,Wing the above expression. Whatever the witness might have
! done, whether criminal or innocent, anti whatever might be his
motives, were considerations which had nothing to do with this
inquiry.
Mr. TAUNTON—But I will have that 'impression explained.
Air. Justice Bonitos:on—You were very indignant at what
you saw ?
Witness—l was, my Lord. My feelings were raised, and I was
very much agitated. I naked her how lung the poor fellow had;
lain thews ? Sem ;said fifteen years. (A beta di horror here ran
through the (;ourt.)—l asked her it she hail ever any doctor to
She said she had Mr. Hopkins ; I staid, Ma'amhe has been dead
eight years to my knowledge. I asked her why George had not
some listen on ? She said lie always tore it. I told her 1 thonolit
it was the most inhuman treatment I ever saw of any fellow crea-
ture ; Hold her 1 should certainly move him to the Lunatic Asy-
lum. She said, " You are welcome to move him wherever you
please." I then ordered the constable to remain in the room and
see that nothing was removed until Mr. Barrett cause to fetch him. I
had previously tit! her 1 was Mr. Broughton. She asked if I
C4lllO from Broughton Hall? I told her, yes, that I was a Magi-
straw, and had brought a constable with me. I observed an old
door against the bad side, proppeat up with a piece of timber, which
appeared to be for the purpose of keephig up the chaff. I looked
at the grate, and it had no appearance or having had a fire lately,
nor any preparations for a tire being made. This was a very cold
day, with a very thick tog. Considering the state of the weather
this day, there was not sufficiert clothing on the bed, and theme
were no clothes on him.
Cross-examined by Mr. CAMPBELL—I should think I was ia
the room from eight to ten minutes. The door was left open while
we were in it. Very little light came in nt use door.: I cannot say
that 1 observed the excrements ; I was a good deal engaged with
Sahib Smith and did not take particular notice of the heaps.
Examined by the COURT—His skin appeared full of dirt, and
was very offensive to the smell. The smell seemed to arise from
his skin and from excrement.
Jonathan Poulson.—l am constable of Mucklestone. I know
where the defendants live, at Mucklestone Wood. IVilliam Smith
is nuener of the house. I went there after Mr. Broughton and
Mr. BM hail entered. Thomas Smith was there, and I heard Mr.
Broughton ask ta see this brother, and he said hula other brother
had gone to market, and had the key •in his pocket. I went up
stairs afterwards, and found that Thomas Smith had gone up by
a back way. I went into a room where Mr. Bid pulled some
bricks down. After that I saw a great deal of filth, consisting of
humanexerement and chaff; I suppose there were two wheel-
barrows toll. 'there was no tire in-the room, nor any appearance
of a fire. There was a disgusting smell in the room. The bed-
stead stood against the wall, with an old door on this side of it,
propped up with apiece of wood. Sir. Broughton asked where
the wan wen ? and Sarah Smith hove down the things, and said,
" lire he is." The appearance was very moving. lie lay all of
a ruck, very dirty and filthy. I can't tell whether his hotly stunk or
not, but the room did. I remained behind ; after some tine I went
away for a pipe of tobacco, for I was very ill and sickly. When I
came back the room had been cleaned out, and the rubbish had
been got out, and the floor was wet. There was a servant in the
Willie, whose name was Mary Halm. I observed George's face;
it had on it a beard about four or five inches long.
Crosa.exsmiued by Mr. WnaTELT-1 have talked about this
because every one talks about it. I did not say in this hall that
there was a little small in the room, but nothing of any conse-
queoce. I did not say there was a little loose chaff by the side of
the bed, and that was all. I did not say there were only loose
bricks inside, because they were mortared up. I have talked with
William Bowen and Mrs. Bannett upon this eubject many times.
I did not tell them that Mr. Eld blamed MC for letting them change
the bed, and that I was to make the most of it.
Examined by the Counr —lt seemed to me as if he had done
his weed-Le under him, and that then it had been scraped oft and
dabbed down on the floor.
Mr. Garrett examined by TAUNTON—I am a medical 'Alperin-
tendentof the Staffind lunatic Asylum. I have had many idiots
under my care. There are at least twenty or thirty idiots. I had
also seen many idiots at Bethlehem, where I was physician's pupil.
In consequence of a request made to me, I went on the night of
the 25th of January toltlucklestone Wood. It was one of the coldest
nights last winter ; I got there about nine o'clock. I went up
maim and saw the room in which George Smith was. The floor
had been recently washed. George was in bed without a shirt on,
and his beard was five inches in length. I was in the chaise with
him going to the Asylum. There was such a stench proceeding
from the body of the idiot that it was necessary to travel all the way
to Stafford with Nine glasses down. The distance is about fourteen
or fifteen miles. When we gut to the Asylum I examined his body.
The skin was yellow, covered with incrustations, and could not
have been recently washed. When he wan brought to the Asylum
lie was placed in bed, on which there were sheets, blankets, and so
on. The next morning he was dressed. He had a shirt put on
him, and did not then or at any time afterwards attempt to tear is.
lie was several times put into a warm bath, and at length the
smell went off. He was evidently very thin and emaciated when he
first came. An inflammation of the knee took place the Sunday
after his arrival. In attending to this I foetal a fracture of the
thigh near the knee. My attention was called to it by the keeper,
who discovered an extraordinary loose motion of the bone. I was
afterwards induced at one time to think it might not to fractured,
as there was a great deal of sweiling, and it was a case of difficulty.
lam now of opinion there was a fracture. When I first flit.
covered the fracture I placed the limb in splints. His limbs were
mach contracted, and from the moment I first saw him it was evi-
dent he could neither stand nor walk. I consider those contractions
arose from want of exercise, lying constantly in one position, and
it would be aggravated by cold. From my own experience I have
known those ratites produce such contractions. , Contraction of
limbs mind personal deformity are not necessary concomitants of
idiotcy; This is an idiot, and he has not understanding enough to
take cave of himself. Since he has been in the Asylum he has been I
shaved, anti he is constantly shaved now. He submits to the ope-
ration quietly, and turns his cheeks to meet the meow lie is per-
fectly harmless, and, as far sea person in his unhappy situation is
susceptible of enjoyment, he seems to enjoy himself.
„indeed by Mr. TrasOuan—The limb might Imo

been broken fifteen or twenty years ego. It is possible, but I neve/
knew of such a case. IVhen he came he had no execrtiationt, cur
afterwards he had, in consequence of being obliged to lie in nae
posture, and front voiding his urine and faeces involuntarily. 'flee
produces excoriation. He liner voided worms of a very large sire
Worms sometimek produce epilepsy.
Re-examined—Lying on a Impel dry chaff would prevent ex-
coriation. If the thigh hadhotnleactured twenty years ago, tine
patient could not have walked uPliallk The broken thigh is four
Inches less than the other. -
Robert Holmes—l am an attendant it the Stafford Lunatic'
Asylum. I attend upon the idiot In •question. Ile stunk very
much when he came, and the stink did not leave bilikuntilofter the
second bath. I have ehaved him since he has bee** Mss Asylum,
and I shaved him the first time. He made no objection. lie is in
much better health now. Ile was weighed on the Ilth of 51er.
and when he was weighed on the lith of July he was nine pounds
heavies. He *as weighed aglin on the second of August, and be
is feur anfi a half pounds heavier. I used to share him, and he
never objected to it. He never atteimrted to teanhis sidtts.
Croes-examined by Mr. Cast YnExt.—lie grew voice after he
carne into the Asylum. His beard disfigured hitn.
Dr. finieht examined by Mr. TAIITITON-.1 am physician to the
Lunatic Asyluht. I saw George Smith the day after bt came. I
found him pale, emaciated, and extremely weak. lie *is in a state
of extreme weakness. That is a statenbat a pritierit n be subject
to without being afflicted with tits. *Link he is i . - red in bulk
during the last month or two. eta far Isi lan *ridge ' s cheerful.
Heckles sometimes-now betray enprehemions of"utangers. I hate
seen strangers offer to shake hands with him, telicArtnt tensed.
Croat-examined by Mr. Witenene
produces contractions. Worms ha: a tendency produce
do not' vow that evi-
ler:),Ma
to
—411.41.
epilepsy, and this George Sniith has void worms since he
been in the Asylum. The contraction.' in herds are considern
ably improved. At one time I thought his life-wpm in great danger.
Epilepsy from whatever CAMS is a very copridonstlisease. I never
observed that he lied any chilblains. •' ' ;- •
Mr. Francis Hughes, exiraieed by Mr. Russter —I em surf
geon to the General infirmary lit Safford. I have practised ed
years. I first saw George Smith in the middle of February. His
limbs were much contracted, his knees drawn up nearly to his chest.
I consider that contraction to have proceeded (rani 10n,3-continuel
cold, confinement, and improper treatment. Wknt ot wholesome
air would contribUte to it, as well as stench or dirt. I have seen
him twice since. I saw him last week, and he ism much improved
that I was astonished. His appearance is more cheerful; lie seems
to understand better, and I ofiln•cd on the first occasion to shake
hands with' him, but be declined. I have examined his right
thigh, and it has been fractured. It is shout four inches shorter
than the other. He could not have walked uptight like a euaight
man with that fracture.
Cross-examined by Mr. Tat.eounn—The fracture might have
existed many years. This is a question of skill, on which persons
of skill cannot differ, it the examination be made in the same way.
Dr. George Dent, examined by Mr. TALFOURD—I sin a doctor
of physic, living at Stafford. I saw this George Smith during the
Staihirti Amine ; Ile appeared to he in tolerable health. I txaminett
the right thigh, with a view to see whether it had been fractured.
I have no doubt but it has-been fracture'.. I was surgeon to the
Statiiird militia during nearly the wlicle war, amid have been in all
the military hospitals in• England.
Cross-examined by Mr. CAMPBELL—ScrofuIa is an attendant
umm idiatcy. It is tot absolutely necessary thet cold should pro.
duce chilblains.
ExamineJ by the Count —I cannot account for the shortening
of the limb in any other way slain from the traemre.
Air. Iluenhorn. examined by Dir. Iluasnie.-1 am surgern trt
Stafeard. I saw George Smith on the 3d of February. •In my °pia
nion the causes of his contractionit'wete fnimem ltksing cxerclse,
and from long emihnement in one 'poattrre. Waster' wholesdnte
air, and being kept in a duly filthy place, would rendtt the Mitt.
'Mime mere liable to contemn:on. I examined the thigh also ca
the ,ail of February, and subseouetitly- Most assuredly, I think,
:the thigh hai been frattured. Ido not think any person could
'have walked. straight 'with finch it thigh AS that. Ir is four inches
shorter than the other. He would be known as whine man di.
reedy.
51r. Hotigton, examined fly Mr. TAUTITON—UaIti a surgeon.
residing at Birmingham; I raw hhn in the latter chard Aptii, anti
the beginning of May. I examined the thigh titan It the nettles' of
Air. Flint, tiro attorney for the Smith family ; ihe my opinion the
limb must have been frattureil: When I first saw` him, the bones
'hid not united; I could mote the ends of the bone will ease.'
There was a projection inside of the litrb, which I cor.aiatecci to
be the lower end of the bbne. There was an improvemer; in the
limb when 'I saw hint In July; I cannot say it la now completclt
an-sited, but It is more runt; it was roar inches shorter, but two
',inches of that was caused by the bone not being sort straight. This
'could not have been produced by mollifies arsine's it would net by
possible for him to walk upright with this fracture.
Craw-examined by 31r. IVIRATELY—It would be possible far
his limb to have beers broken, and to remain so for many yeses,
he hid not been properly taken ens of.
Examined by ale. Justice Buunogen—lt might happen by
his falling out of bed.
Cross-examination resumed—l observed the contractions ;in my
opinion.' they were caused by the position of the legs and thighs—
by the limbs remaining a ;;re it length of time in one position.
A Juror—After the bore hud been fractured, if this tean had
been moved, would the fracture be discovered ?
%fitment-it might not. , .
Re-examined-1f the wants and necessities of this man lied been
caterully attended to, it must have been discovered ?
NVitness--It ntust have been.
Anfuror—Then would it not have been perceived when he was
removed front Mucklestone Lodge ?
Witness—lt might not have been ; the leg, was, no doubt, timer
than it was at first niter the fracture.
Re-examined—lie had not the power of moving his limbs, from
other causes; and the fracture 'nest have existed several months
when I Saw It. ('old would prcduce the poeitton that would create
the contraction.
A Juror—How long would it take to produce that contraction ?
W itnese—A very considerable time; but I cannot say how lens.
A .furor—Would the cold of one winter be sufficient?
Witness—l should think it would. '
Examined by the COURT—Where active exercise could not be
used, in consequence of the helplessness of the patient, passive ex-
ercise might be used, and would prevent contraction—such as rub-
bing with the hand, or flesh-brush.
Mr. James Stailley,examined by 3lr. Russenn—l am an attor-
ney at AlarketsDrayton, and witnessed the will of old Isaac Smith.
This is the will ; he died in 1812.
Tire will, bearing date the 11th of February, 1811, was now pin
in and read, and provided a clear yearly rent-charge of tiny pound%
for George Smith ; the reversion of which was to go to the surviv-
ing brothers on his decease.
Mr. Stanley. examined by the COURT—I wished to raise a term
for securing this annuity to the soil ; but the father would not bare
any other trustees but these sons.
Cross-examined by Mr. Ceti entee-1 have known the elcfen.
dants for many years ; I always considered them civil, humane,
and inoffensive people, and incapable of inhumanity.
Reexamined by 11:r. RESSELL—I have only been twice at
slucklestone Wood.
Dlr. Tau N TON—That is my case, my Lord.
Mr. Justice BURROUOII now said that there was no proof of the.
defendants' having " the care, custody, and control of the
idiot, as averred in the declaration ; neither was there any proof of
assault.
Mr. CAMPBELL stated that his Lordship had anticipated hint
in these objections.
The question as to " care and custody" of the idiot was ably ar-
gued on both aides.
:Or. Justice Iluartounit adhered to his first opinion, and di-
rected an acquittal.—Not Guilty.

GLOUCESTER, SATURDAY, AUG. 12.
At the sitting of the Court this morning,Mr.WAT SO at rose for the
purposes of defending the dignity of legal proceedings, and infonu-
mg the Learned Judge (Mr. Justice BURROUGII), that a Mr.
Harmer, jun. (no relation whatever el Mr. Harmer, of London)
hail been most grossly insulted and indignartly treated, in the im-
mediate precincts of the Court, hue yesterday evening. In the exe-
cution of a professional duty, he went to the door of a carriage
which wns near the Hall, yesterday evening, for the purpose of
serving a notice or process upon two ladies who were in that car-
riage. He had scarcely signified his purpose, when he was struck
on the head with a stick, by a person in the hinds part of the car-
riage. He was rising for the purpose of securing this assailant,
when he was pulled down by another gentkinan. As this occurred
within the immediate precinct of the Court, the Learned Coun-
sel submitted that his Lordship ought to take cognizance of it.
11l r. Justice Guam:won suggested, that the most effectual mar.,
ner of proceeding against the defendants would be by indictment.
The suggestion of his Lordship was immediately acquiesced in.
TUE LING V. DAVID NEWMAN, ESQ. .101 IN AVERY, ESQ. CEO.

RICHARDS, ESQ. AND WM. PROVERBS, A ROY.
This was an indictment against the defendants, containing counts
for conspiracy, riot, anti assault, and letting oft' lire.works.
Mr. TAD N Tort, for the pmsecutict, admitted that he could not
support the counts in the indictment for a conspiracy ; they were
accordingly abandoned.
The trial then proceeded, and the defendant, Newman, alone was
found Guilty, subject to the opinion of the Court of Kirg's Bench
upon a special verdict, as follows r--" Guilty of letting of . fire-
works, but not of the riot."
The Assizes here Concluded this night, s little before twelve'
o'clock. The cause which delayed ail parties interested in, 't was
an action of ejectment, of no public interest.
WESTERN CIRCUIT.

Wer.cs, Au(mei' IL
CROWN COURT.
• igefore Mr. Justice LITTLFDAT.E.I
Named Gilbert was indicted for au assault, wiih intent to cos.Mit n capital ofßoce. '
Charlotte Smith (a delicate-looking girt, with a sallow foggy
swore, that she•lives with •her father at Frame. That on the 27th
November she was walking in the streets of Frame, and met the:
prisoner about seven o'clock in the evening. The priso4st was us