The Sun.
London, England, 1849-11-29 00:00:00

CRIMINAL COURT.-(THIS DAY.)

OLD COURT.
Before Mr. Baron ALDERSON and Mr. Justice
CRESSWELL )
MURDER AT MILBANK PENITENTIARY.

John Francis, 33, described as a watchmaker, was
placed in the dock immediately on their Lordships en-
tering the court, charged upon an indictment with the
wilful murder of Thomas Hall, a warder in the Milbank
Penitenti try.
Mr. Bodkin and Mr. Clark appeared for the Crown,
and Mr. Ballantine and Mr. Robinson defended the
prisoner.
The prisoner is a slightly made man, having altogether
a miserable appearance, but he exhibits a determined
expression of countenance. He has a low, retreating
brow, and is possessed evidently of very little intellec-
tual capacity. lie was attired in the usual convict dress.
Mr. I3oDEIN briefly stated the nature of the fearful
crime with which the prisoner was charged, observing,
with reference to the probable defence which would be
set up, that he was coevicted in August, 1845, and sen-
tence d to be transported ten years, and in pursuance
of the sentence he was, in the early part of
1846, put on board a convict ship going to the colonies.
When the vessel was about to leave England he ex-
hibited symptoms which appeared to be those of in-
sanity, and on that occasion he was visited by Dr. Baly,
who pronounced him insane, and he directed him to be
removed from the ship to the hulks. After remaining at
the hulks until August the symptoms disappeared, and
he was again removed to the Milbank Penitentiary,
where he remained until the present unfortunate occur-
rence; and during the whole time he was more or less
under the observation of Dr. Baly, but no symptoms of
insanity had since made their appearance.
Mr. Henry Murray, an acting warder in Milbank
prison, said—l knew Thomas Hall, the deceased. I also
knew the prisoner Francis, wh ) was a convict confined in
Milbank prison. To my knowledge he had been there
a fortnight before the 7th inst. lie was confined in cell
No. 19 D. On Wednesday afternoon the 7th, Thomas
Hall had the charge of that ward. I was in an adjoin-
ing ward, and about half-past three I heard a shouting.
I suppose it c.me from the ward. I immediately went to
it. I had to unlock two gates, and when I got into D
ward, I saw the prisoner in the passage which runs in
front of the cell. The ward was locked up at the time,
but I had pass-keys. There were no other persons at
large in the passage. Ile was nearly opposite 18 cell.
Warder Sage entered the passage immediately after me
from the whet end, and Beim ,d the prisoner. I tried the

gates of every cell in the passage, and they were all
locked, the prisoner's cell included. I went into the
officer's ward, and there I saw the deceased Thomas

Hall, hying in a pool of blood, which surrounded his
head. He was lying on his left side. The door of
this room was open. No one could have got to this
room but the prisoner and the deceased. Sage had the
prisoner in custody, and he was immediately taken away
from the ward into the refractory cell, where he was

searched, and we found a pair of scissors upon
him. They were unrivetted. (He too witnessed them.)
They are of the same kind used in the prison,
but have been sharpened at the point. On locking him
up he went back to Ilall, and Mr. Baly, the surgeon,
came in five or six minutes afterwards. Hell was then

living. He found the prisoner's earthenware pan lying
about two yards from the door of the warder's room.
The:e was blood on the bottom and on the side. The

lid of it was in the water-closet. The pan produced
is the one in question. It is broktn, but we have not
found the piece which is broken off. The piece could
not have gone down the pan of the water closet in a
whole state. While the prisoner was in the passage
opposite No. 18 cell a convict named Chroly said, in the
prisoner's hi aring, " Seize the scoundrel, he, has mur-
dered Hall, 'or I heard hiin groan." Chroly was then
locked up iu his cell. The prisoner made no observa*

lion.
Cross-examined by Mr. BALLANTINE—I cannot say
whether Chroly said " I think he has murdered Haiti"
he might have said so, but I am sure he said " I heard
him groan." The cells of all the prisoners are of the same
size. The width of the entrance to each is about two feet.
There is a solid door, and a grating door to the cells ;
the solid door is kept open during the day time, so that
the prisoners can see through to the passage. A person
could put his arm through the bars. The prisoner would
have properly an hour's exercise in the airing yard
during the day. They are not during exercise allowed
t 9 have any communication with each other. A whole
ward is allowed to have exercise at the same time. They
are required to walk about 5 or 6 yards apart. They wear
no masks, and they are not allowed to address the warder
unless they wish to ask for anything they want. They
are punished, if they speak, when it is not absolutely
necessary. When they want to go to the water closet,
there is a signal attached to each cell in order to let the
warder know. They are not to speak unless spoken to.
The feet of the deceased were laying towards the door,
end his head near his bedstead. The doctors are Dr.
Baly and Dr. Randall.
J. Sage, also a warder, said, on the 7th, the day in
question, I was in F ward. I have been six months in
the prison, and I thick the prisoner was there before
me. I heard an alarm when I was in F ward, and I
went to D ward. I found the gate of D ward locked,
and I unkcked it. I saw the prisoner standing in the
centre ward, between the warder's room and the water-
closet. Hs was neither saying nor doing anything. I
heard a groaning, which proceeded from the warder's
room. I did not go in, but I seized the prisoner and
took him to the refractory cell. I returned to D ward,
and went into the warder's room. I was away about
eight minutes. I found Hall on the ground of his room.
There was blood round his head, and he was insensible.
The prisoner appeared in a very excited state, and I
noticed a spot of fresh blood over his right eye. There
was no mark about his person which made it possible
, that it was his own blood. He was searched, and
the scissors produced were found upon him. I
attended the deceased until seven in the even-
ing, but he was never sensible. He died on
the following day. I heard Chroly say on
going in, " For God's sake seize the prisoner," or,
" Francis, I think he has murdered Mr. Hall." Ile said
that loud enough for the prisoner to hear, but he made
no observation. I saw the pan produced ; it was in the
water-closet. I remember being examined before the
Coroner. The prisoner was then present. He put
some questions to mo, and he did so also on his ex.
amination.
Cross-exatninated by Mr. BALLANTINE.—The pri-
soner was standing quite still, and appeared very pale
and white, as if he had done something very wrong.
the blood over the eye at peered to be that of another
person. i did not examine it particularly. Next day
when exr mined before the Coroner there was no mark of
a wound on his nice. ,
William Charley, the convict, in cell 18 at the time
of the occurrence, examined, said—That cell was next
the one in which the prisoner Francis was confined. To
the best of my knowledge ho had been there about three
weeks. I was in my cell before him. On the afternoon
of the 7th I delivered water into the cells of the ward,
and among others that of Francis. About halt•past
three I was locked up in my cell, and I saw Hall, the
warder, there about that time, for he locked me up.
After be locked me up he went to lock up another
prisoner at No. 1, and I then heard Francis call out for
Hall. I told him it was no use to call out for him as he
had gone to fasten up a prisoner, but he kept on calling.
Hall afterwards came back, and asked Francis what he
was calling for, and he said " I want to empty my pot."
Hall asked him if he had not a signal stick in his cell,
sayii g, "You are not allowed to call out, fir if the
Governor had come by at the time he would have
punished you; mind yt u don't do it any more." Francis
said he would not, and then Hall opened the cell door
and let him out to go from his cell to the water•eloset.
Ile must pass my cell, and I can see the entrance to the
water-civet,: from my door. I did not see Francis go
into the closet, but I saw him come out. I had got up to
ask Hall as he passed for some bread, and I was
waiting for the bread. Hall kept the bread in his room
While I was standing at the door the prisoner came out
of the closet, and I then saw Hell leaning on the trough
near the water closet door. The prisoner had the pot in
one hand and the lid in the other. Ball rose up and
walked along, as if he was going to 19 cell, and while so
walking I saw Francis strike him with the lid of the pot.
Hail screamed and fell. Ido not know whether he had
anything on his head, butt saw a cap afterwards lying
on the ground. Hall might have carried it in his hand.
The prisoner then rushed upon the deceased and kicked
him, and I said, "For God's take do not kill the poor
old man." Tho prisoner then got up from Hall and
walked away towards Hall's room, and I heard two
blows after that. I then called out for help, and Francis
came running out of Bali's room and stood by the cheek
gate, which was open. He had the pot in his hand, but
not the lid, and there Wila blood on the outside of ii

I said, Francis, do not, for God's sake, strike
1 Hall any more ; you'll kill him." Be made no
sewer, but ran ecross the centre to the other
side of the p'ssage. He then went again to Hah's room
and I heard two more blows, and I kept calling for the
officers. The officers, Sage and Murray, then came and
asked tr e " what's the metu r?" I told them I thought
Francis had killed Hall, for I had not heard him groan
since he knocked him down. I saw him taken into cus-
tody by Sage. I cannot say whether the pot and lid
were whole when he came out of „the closet, but they
were whole at half•past two, when I. took in the water.
I heard the lid fall and break when he struck Hall with
it On the day before this occurred I had a conversa-
tion with Francis, and it was carried on between cell
and eell through the doors. It was about Dr. Baly. He
said he wanted to see Dr. Baly. I asked him why he
did not see him, and he replied that they had said ho
had put his name down in the book, but he did not
believe them, for,in another part of the prison he applied
for him at night and saw him in the morning. The de-
ceased came down immediately afterwards, and he asked
to see Dr. Baly, and he told him, "your name is
down in the books, but yon cannot see him at a
minute's notice, as he has other prisoners to see as well
as you. You have seen one more doctor, what more do
you want, but I have no doubt you will see him to-
morrow." He did not say why he wanted to see Dr.
Baly but he said something about having some mare
diet at the Hulks, and he would get more diet. In reply
to Hall, be said that he had been: at Milbank prison
eight weeks, end Hall told him that he ought to have
applied for more diet before. The prisoner asked for a
sheet of paper to write to his priest, but Hall said he
could riot give it to him, but would put his name down to
see the governor. He said he was a Jew. and could
not see his priest unless he wrote to him. Hall said,he
would put his name down to see the governor, and
that was all he could do for bun. When Hall came
up for his dinner afterwards he told him that he
must see the chaplain as well as the governor, and
that he would see the governor next morning, and
the prisoner said " very 'civil." On the Monday or
Tuesday before the 7th Francis wrote to me on his slate,
desiring me to a.le Mr. Hall whether they were going to
send some prisoners to the New Model Prison, as there
were six picked out of the worst characters, and he
wished to know if he was qualified. I wrote back,
saying I would do so.
Cross-examined by Mr. BALLANTINE—I have been in
the prison seven weeks. My sentence is for seven years.
I was kept in solitary confinement except when I went
out with the officer. I heard no words before the
blow was struck. After the blow was struck I did not
see the prisoner go to the closet.
John Westbury, another convict, who was in cell 16,
next to the room of warder Hall, at the time of the oc-
currence, said—l heard some one quarrelling ; then
some heavy blows struck, and afterwards Hall cry out
"For God's sake have mercy." Four or five blows were
struck before Hall called out. I heard Hall say " you
will kill me," and then some one say, "yes, I will, you
----." I heard some blows after that. The prisoner
then came up to my door, and saw me, and he said,
" keep quiet." He had a large pot in his hand.
Mr. James David Randall, resident surgeon in the
prison, said, on the 7th of November last, I saw the
warder Thomas Hall at four o'clock in the afternoon.
He was then insensible. I observed a large bruise on
the right side of the head, running down to the right ear.
It was bleeding, and the scalp was very much lacerated. I
again attend, d him on the following evening, when he
died. ' After death I examined the head, and found an
extensive fracture of the skull. I should say the wounds
were inflicted by many blows, and by the larger vessel
which has been produced. I have seen the prisoner
many times. I saw him on the day of his admission.
Ho had been in the prison on a previous occasion, in the
early part of the year.
Cross-examined by Mr. BALLANTINE—I never said to
him, ".I have just come from Woolwich, and if I had
my own way I would have you flogged well." lam sure
I did not say that, but I won't swear. positively. Ho
had a disease of the rectum—a prolapsus of the rec-
tum. I don't mean a rupture. It is painful when the
bowels act; it is not a very irritating disease. I at-
tenchd him for it. He had no inflatnination of the bowels
during the time he was in the prison. I did not know
he had been confined as a lunatic. If I had known that
he was a lunatic a few months before he came I should
not have kept him in solitary confinement. Solitary con-
finement is calculated to make lunacy return. If an in-
terval of a year had elapsed from prisoner's lunacy, I
should treat him like the other prisoners
without mahsng any distinction. Lunacy would
be more likely to return if of an hereditary character.
Re examined—There is no solitary confinement in
Millbank Prison ; it is separate confinement. The con-
finement to which the prisoners in this ward were sub-
jected would not make insanity return, unless they had
been insane within two or three months.

Dr. Baly, visiting physician at Millbank Penitentiary,
said the prisoner" came to the prison in August last. I
first saw him about a fortnight after he came, arid it was
inquired of me whether he was only fit to undergo the
ordinary work in the prison, or pumping, which was
hard labour. I said be was able to work at a trade but
not at pumping. I believe he was so employed while in
the prison. He had a disease of the rectum, and, in ad-
dition, he was not a strong muscular man. I recollect
seeing him on three occasions. The first occasion I have
mentioned, the second was at a general inspection of the
prisoners, when nothing particular passed; and lastly,
when I examined him to see if he was fit to be sent to
Norfolk Island. He was then suffering from dyspepsia,
and a lowering of the rectum ; and he said he had
passed blood. I went to his cell to examine his stool,
and the result I came to was that he was not fit to be
transported to Norfolk Island. I did not notice any-
thing else the matter with him.
Cross-examined by Mr. BALLANTINE—I must have
examined him in 1846, in order to see if he was fit for
transportation. I call the treatment at the prison a
modified separate system. In February, 1816,
I certified he was fit for transportation.
He was well then in body and mind. On
sth March I was sent specially for to the ship to examine
his state of mind. I believed him to be insane at the'
time, and certified accordingly. Mr. Blyth was "the
medical man who attended him there. I believe that
the fear of transportation operated upon his mind there
and made him insane. I have seen frequent cases of
persons becoming insane under the same circumstances.
If a person was predisposed by birth to insanity, such a
cause would undoubtedly have more effect upon his
mind. He was then rather in a weak state of body, and
thought that the people about him were going to do him
an injury. Ido not recollect that he broke out with any
uct or violence. - There was then no apparent danger of
his attacking any one. It was in February, 1846, that I
passed him as fit to go to Norfolk Island, and he was
seized wick this state of terror in March following.
Bc.pxamined—ln cases of convicts seized with insanity
at the prospect of being transported, some have been
sent to Bedlam and some to the Hospital, and I have
known some of them to have recovered and to biz trans-
ported afterwards. The prisoner's was temporary in-
sanity, and I have never known after an interval of two
years that the temporary insanity has returned.
This closed the case for the prosecution, and the Court
adjourned for a brief interval.

NEW COURT.
(Before the RECORDER.)
The Court was occupied • the whole of the morning
trying cases of petty larceny, none of which presented
any feature of public interest.
Two women, Diana Ring and Maly Ann Dodd, were
indicted, Ring for stealing in the dwelling-house of
Frederick Turner, two shirts and other articles, ♦alued
at 501., his property, and Dodd for feloniously T.( ceiv-
ing the same, well knowing them to have been stolen.
The prosecutor was a solicitor, and the prisoner Ring
had acted in the capacity of bis laundress, which had
enabled her to become possessed of the missing property,
but the evidence failed to make out any guilty knowledge
against Dodd, and she was therefore Acquitted. Ring.
however, was found Guilty, and sentenced to six months'
imprisonment in the House of Correction.

REGISTRATION ALMANACS OR 1850.—" This new
candidate for public favour, which is compiled by Mr.
W. H. Butterfield, registrar of Islington, and pub-
lished by Messrs. Whittaker and Sullivan, contains
every information on the subject of the law of regis-
tration of births, marriages, and deaths, that can be
required. Parties desirous of being married under
the provisions of the new Act will here find given in
a plain and understandable manner all the information
on the subject that they can possibly desire, and a list
containing the names and addresses of all the officers
of the metropolis and its environs, to whom it may be
necessary to apply. There is also much useful infor-
mation on the subject of registering births, and
against every day in the year will be found the last
day for registering a birth without the payment of a
fee. On the right hand side of the calendar will be
found plain instructions respecting the registration
of a birth or death, and the effecting of a marriage.
It is in a form calculated for the vestries of Dissenting
chapels, insurance, or other public offices.
Excessive fear opens the door to desperation.—
Eliza Cook's Jotmtal.
THE MERCHANT SEAMEN'S ACT.— SEAMEN'S
ADVANCE NoTEs.--Yesterday a meeting of tradesmen
and other inhabitants residing in St. George-in-the-
East, Ratcliff, St. John's, Wapping, &e., who are ac-
customed to deal with seamen arriving in the port of
London, was held at the Albion Tavern, St. George's.
road, Ratcliff, for the purpose of taking into considera-
tion the propriety of applying to Parliament to obtain a
clause to be inserted in the Merchant Seamen's Act,
which will be brought in during the ensuing session, in
order to make seamen's advance notes a legal tender.
Mr. Grumbage having been appointed to preside, stated
that since they last met he and Mr. Golding had seen
some influential gentlemen in the shipping trade upon
the question of making seamen's advance notes a legal
tender, and that they were all of opinion that the only
security for those who received such notes was that they
should be made a legal tender by the Act of the Legis-
lature. Mr. Golding. solicitor and secretary to the
Merchant Seamen and Tradesmen's Protection Society,
said he had sn Sir D. Le Merchant upon the subj..ct,
GI who aas of opinion that the tradesmen receiving seamen's
advance notes ought to have legislative protection. He
was of opinion that the owner or agent of a ship ought
to be responsible for the payment of the notes after they
were molted. Several gentlemen were then named as a
committee to carry the object of the meeting into effect,
and the proceedings ended.
STATE OF ST. STEPHEN'S, WALDROOK.—More than
two years ago we pointed out the miserable condition of
this church, in an article which excited some attention at
the time, but led to nothing, iu consequence of the
involved state of the parish accounts. Since then, how-
ever, if we understand rightly, the differences have been
arranged, so that there seems less reason why the church
should be suff-red to go to ruin or remain in dut and de-
gradatiou.—lmildr.