The Sun.
London, England, 1860-08-10 00:00:00

• LAW INTELLIGENCE.-(THIS DAY),

SHERIFFS' COURT.
(Before Mr. Kerr.)

BILLS OF EXCHANGE AND BANKERS-IMPORTANT DECI-
SION-HO WARD V. LLOYD AND OTHERS.

Plaintiff is a merchant, and defendants are the eminent
bankers of Lothbury. The action was brought to recover
£1 damages through the alleged non-presentation of a bill
of exchange accepted by plaintiff. Plaintiff said the bill
was payable at his house, and the money was there ready
upon the morning when it became due. The bill was not
presented until the evening, when the notary applied and
demanded the 2s. 6d. for noting. Plaintiff objected to paythe
charge, and was referred to the bank. The next day plaintiff
went to the bank and complained that the bill had not
been regularly presented. The bank clerk, however, said
that it had been, and plaintiff then paid the money for the
bill and the 2e. 6d.

His Honour had never heard of an action of this kind
before. What damages had plaintiff sustained ?
Plaintiff—l had to go backwards and forwards once or
twice, and my name is on the black list as that of a person
whose bill has been protested.

His Honour—Prove that, and it may possibly help you
in your action for damages. The case will be adjourned
that I may look into the law.

To-day Mr. Bower appeared for the defendants, and after
stating that the 2s. 6d. had been paid into court, quoted a
well known case (Mackintosh v. Haydon) in support of his
case. In addition to this, he was prepared to prove that
plaintiff never tendered the money to the notary.
Plaintiff was cross-examined as to the payment of the
money. Ho admitted that he had not tendered the-money
in the evening.

Mr. Brown then said that the bank clerk had mistaken
the house, and the notary was sent the same evening. The
fact was, the clerk went to a different street, and called upon
a person having a name similar to plaintiff, and he was in-
formed that no money was left out.

Mr. Brown contended that plaintiff could not recover.
His Honour said plaintiff could not recover beyond the
2s. 6d. He might sue the publishers of the Black List for
publishing his name.

POLICE INT.ELLIGEN CE-( THIS DAT .)

BOW-STREET.
THE ALLEGED MANSLAUGHTER AT COLNEY HATCH
LUNATIC ASYLUM.—William Slater and William Vivian,
formerly employed as attendants at the Colney Hatch Lu-
natic Asylum, were placed at the bar, in accordance with
remand, charged with causing the death of an inmate named
William Swift.

Mr. Sleigh appeared for the prosecution, and Mr. Lewis
defended both prisoners.
It will be recollected that the defendants deny altogether
that the injuries which caused the death of deceased occur-
red while he was in their care, but that they must have
taken place while he was in charge of another keeper on the
Thursday previous.
The first witness called to-day was
Mr. G. S. Brent, who said—l am deputy-coroner for
Middlesex. I upon the 17th of May held an inquest of
the body of Wm. Swift, an inmate of Colney Hatch Lunatic
Asylum. The defendant Vivian was examined as a wit-
ness, and I produce his deposition.
Mr. Lewis objected to the deposition being taken in
evidence against one of his clients. The point has not ye.
been decided whether such was evidence or not.
Mr. Henry—There are decisions both ways. I shall re-
ceive it to-day, and then the question whether I have acted
properly can be decided by the judges.
The witness proceeded to read the deposition.
Mr. Lewis objected.
Mr. Henry—ls the. statement one taken on oath, read
ever, and signed by the witness ?
Mr. Brent said, except in cases of murder or manslaughter,
the evidence taken at a coroner's inquest is not read over
and signed by the witness.
Mr. Henry—Then, in fact, the paper is a note and not a
deposition; and the witness (Mr. Brent) could legally
refresh his memory by referring to the paper as a note.
Mr. Lewis said, if it was not a deposition, it ought not
to be received at all.
Mr. Henry—That is the same point as you previously
raised. lam aware there are eases both ways, and I shall
receive it.
The statement was as follows :—The deceased was an in-
mate of No. 11 ward ; there are three keepers to that ward,
and forty-three patients, some of whom were violent. Oa
Thursday, at half-past one o'clock, the deceased was much
excited. On Saturday, May 12, he said he had been work-
ing very hard all night. That was in his ward, which was
a padded room. There were only two rooms in that ward,
which are padded. The deceased had not shown any
violence while he was in the ward. On Saturday
evening, about lialf-past six o'clock, he was seised
with an epileptic fit. I took him into the padded
room, and remained with him until it was over. Slater was
with us. I left him alone for 10 minutes to attend to other
patients. I then went with another attendant to him, and
he said he was better. I undressed him and put him to bed. I
I had to attend the other paticnts'supper. I then took the
deceased his supper, and found him in a very low state.
I sent for Mr. Tyerman at 20 minutes to eight. I remained
until he came, which was about three minutes afterwards.
lie was then dead. I know that he had a struggle in the
C ward, but did not know that he had sustained injuries.
He said nothing about his injuries. He wasvery talkative.
He might have been out of sight of an attendant for a short
time. He was not, so far as I know, the subject of any
violence from any other person while he was in my ward.
By Mr. Lewis.—No deposition was signed by the wit-
ness, or was the statement read over to him. I only took
down the portions of statements that I considered material,
not the whole. I can't say that the jury visited the differ-
ent wards before they returned their verdict. They left my
room and returned an open verdict.
William Gann—l am one of the attendants of the C ward
at Colney Hatch Lunatic Asylum. The deceased man Swift
was one of the persons under my care until Thursday th►
10th of May. He had been so from the Bth of March. On
the 9th of May Swift was in his bedroom, and in consequence
of hearing a noise I went to the door. I unlocked the door
and before I had time to speak to him Swift struck me in
the eye, and seized me by the necktie. I said " I've got
you." I found that I was being strangled. I called on
Cross, a patient, to render me assistance. I
struck Swift in the pit of the stomach, and we

fell together. I know nothing more after that until I was
released by another attendant. When I came to myself
Swift was in bed. I did not do more than was sufficient for
self-defence. When I recovered and got up, 1 was bleed-
ing from the nose and mouth. We fell on our side. I did
not fall upon him or throw myself upon him. The room in
which this struggle took place was not padded. When I
locked Swift up in his bedroom, he made no complaint of
being hurt. He wished me good night as usual. I saw
him the next morning. He appeared as usual. He showed
me the bruise on the pit of the stomach, when I reported it
to the proper person. He made no allusion to the struggle
which took place between us on the previous night.
Swift used to sweep the ward out every morning,
and he came as usual that morning for his broom. He
walked about and eat his breakfast and dinner as usual.
There appeared nothing the matter with him. After dinner
I took him down and handed him over to No. 11 Ward, by
order of Dr. Tyerman, and gave him over to the attendant,
the defendant 'Vivian, and another named Grover.
Cross-examined by Mr. Lewis—Swift was very excited
on the occasion he struggled with me. I think he laboured
under the delusion that he was always seeing the Queen.
When he struck me he appeared to have lost all control
over himself. I have known cases where, when the paroxysms
were over, patients have never mentioned the circumstance.
Swift was a strong powerful man, and it required great
exertion to throw him down. I have no recollection of
anything that took place after we were down together. I
struck Swift and we both fell together. I hit him as hard
as I could. It was near the pit of the stomach. It was
not near the breast bone. The moment the blow was struck
we both fell. He had still hold of my necktie. I was in-
sensible for some time after I fell with Swift. There are
15 or 16 wards in the asylum. No. 11 is termed the re-
fractory ward. The patients frnn the different wards who
are refractory are all sent to No. 11. I have never
done duty in the ward, so I cannot say whether
all the patients are refractory. I don't recollect telling the
coroner I could not recollect how we fell. When Swift
came to the Asylum in March there were traces of injuries
on the wrist. I have seen Swift sparring in the wards. I
have seen him spar with a man named Atkins. On one
occasion he got a black eye. That was in March, shortly
after his admission. I don't know either of the 'witnesses,
Clark or Varney, who have beeilipamined.
Charles Read—l am an attenTlgnt. I have charge of C
ward. I recollect the 9th of May, when I was called to the
assistance of the last witness by one of the patients. When
I went into the room I saw Gann lying on the floor. Swift
had got him fast by the neck. I took hold of his hand,
and asked him twice to let go, and he did so. I told him
to get into bed, which he. did. Gann and himself left the
room together, after locking the door on Swift. Gann was
bleeding at the mouth and nose. Swift appeared in a good
state when we left him. He appeared a little excited, but
did not complain of any injury. I visited him again the
same night about an hour after we locked up. He was
then in a good state, as he spoke ♦ery cheerfully, and was
not at all excited. He did not appear to be suffering from any
injury, nor did he make any complaint. I saw him next
day. He appeared in his usual health and spirits.
By Mr. Henry—Swift was raising himself up when I
first saw him. He still held Gana by the necktie.
Cross-examined by Mr. Lewis—Swift was holding Gann
down. I have been at the asylum. I have seen lunatics
ill-treated by other lunatics, and those so injured I have
known to complain of pain. I have known Swift to be
violent very often. He has never complained to me of any

injury.
By the Magistrate—There was no bedstead in Swift's
room. His bed was a mattress on the floor, with all the
clothing complete. It was a bed complete without a
bedstead.
Thomas John Ford—l am one of the head attendants on
the male side at Colney Hatch Asylum. On Saturday, the
12th of May, the day of Swift's death, I saw him between
four and five, He was in the airing court. He appeared
in his ordinary health and spirits. I know the padded