The Sun.
London, England, 1856-08-07 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—GUILDFOED, Aua. 6.
Cr )wn Side. —(Before Mr. Ju-tice Erle.)
Charles William, Treagove Creuse, 40, a gentlemanly-
looking man, who formerly was a captain in the
Cape Mounted Riger, was indicted for an assault upon
a young girl named Sarah Marion.
When the prisoner was placed at the bar he appeared
in a very excited state, and he insisted upon knowing,
before the trial went on, whether any waraant bad in
the first instance been issued before he was taken into
custody. He was at length pacified, and the case was
proceeded with.
Mr. Robinson conducted theprosecution ; Mr. Lilley
was counsel for the defendant.

The learned counsel for the prosecution having briefly
opened the case, the prosecutrix, a modest, respectable-
looking girl, 15 years of age, was examined, and deposed
that she lived with her parents at Croydon, and the de-
fendant and his wife resided at Woodside, Lear that ,
town. On the 24th March, having heard that the defen-
dant wanted a servant, she went to his residence to in-
quire about the place, she being at the time out of a
situation. The defendant asked her to come in, and he
then inquired how old she was, and she told bite her
age, and he said that would just do ; that he gave good
wages, and she should have the place. The defendant
then told her to go up stairs to speak to his wife, and
she•clid so ; but, upon finding that there was no one in
the room, she was about to return, when she observed
the defendant close behind her, and without saying a
word he took her in his arms, carried her into a bedroom
and threw her upon the bed. The witness then detailed
the nature of the assault that was committed upon her.
which was of a very aggravated character ; and she said
that she became insensible, and when she came to her-
self she proceeded down stairs, and found the defendant
there. She immediately left the house and gave informa-
tion of what had occurred, and on the same evening the
defendant was taken into custody. Lie statement of the
girl was corroborated by other witnesses, who saw her
after the transaction, and who said that she appeared in
a most excited state, and, indeed, hardly to know what
she was about from terror and alarm. A police-constable
who took the prisoner into custody, stated that when he
told him what he was charged with he asked him who
could prove it, and afterwards said that his head was
very bad.
Mr. Lilley, in his address to the jury for the defen-
dant, said that the task that devolved upon him was,
under any circumstances, a very painful and anxious
one; but it was peculiarly so on the present occasion,
because the unfortunate gentleman at the bar had for-
merly held her Majesty's commission, and had for
many years done his duty gallantly and faithfully to his
country. He had served for 15 years at the Cape of
Good Hope ; and those who were acquainted with the
climate of that region were aware what effect it had
upon the constitution ; and he believed he should have
no difficulty in satisfying the jury that the hardships and
service he had undergone had unsettled the mind of the
unfortunate gentleman at the bar, and that he was there-
fore not responsible for the act he had committed.
While the learned counsel was addressing the jury the
defendant exclaimed with great vehemence that he ob-
jected to what he was stating, and declared that his rea-
son was not in any way affected. He then proceeded
in the most incoherent and violent strain, declaring that
he had seen all the wonders of the world, and that he
had seen hell dragged up by the roots. The present
charge, he said, was got up against him by the Roman
Catholics, because they knew that he was a Protestant,
and that he was determined to support his religion.
Mr. Justice Erie sugge4ed that it would probably be
the best course at once to, proceed to lay some evidence
before the jury as to the state of mind of the defendant.
Mr. W. Baker, a medical gentleman livino. at Nor-
wend, was then examined, and he stated that he had
known the defendant and his family for several years,
and, from conversations he had had with him and other
circumstances, he had formed the opinion that he was
decidedly of unsound mind.
Mr. J. Keene, the governor of Horsemonger-lane
Gaol, deposed that the defendant came into his custody
on the 25th of March, and had been under his observa-
tion ever since. From what he bad seen of him and his
conduct sinco he had been in the prison he had no hesi-
tation in expressing his opinion that he was a madman.
A certificate of Mr. Harris, the surgeon of the prison,
to the same effect, was also put in.
Mr. Justice Erle then addressed the jury, and said that
where an offence of this serious character had been com-
mitted, and the defence set up was that the party ac-
cused was not in such a state of mind as to be crimi-
nally responsible, it was very essential for the interest of
the public that such a defence should he watched very
narrowly. The jury, however, in the present cue,
bad heard the evidence adduced in behalf of the defen-
dant, and had had an opportunity also of observing
the demeanour and conduct of the defendant himself
while the trial was going on ; and although undoubtedly
it had happened that cunning persons hadsimulated mad
ness, in order that they might escape the consequences
of the acts they had committed, yet he must say that he
could see no ground for supposing that that was the case
in the present instance ; but, on the contrary, it appeared
to him that the defendant was clearly of unsound mind,
and if the jury entertained the same opinion it would be
their duty to acquit him on that ground.
The jury at once returned a verdict of not guilty, on
the ground of insanity, and the prisoner was ordered to
be detained during her Majesty's pleasure.
When this order had been given the prisoner became
very violent, and declared he would not be locked up
any longer, and it was with somo difficulty that he was
removed from the dock.