The Sun.
London, England, 1860-09-19 00:00:00

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CENTRAL CRIMINAL PUR7.—(This Day.)

OLD COURT.
(Before Mr. Justice Byles.)
THE COLNEY HATCH CASE.

William Slater and William Vivian, who were keepers in
the Colney Hatch Lunatic Asylum, were indicted for the
manslaughter of Wm. Swift, an inmate of that institution.
Mr. Sergeant Ballantine and Mr. Sleigh prosecuted on
behalf of the Commissioners of Lunacy ; Mr. Robinson de-
fended Vivian, and Mr. Metcalfe was for Slater.
The learned Sergeant said that the case was one which
would create much anxiety, although it was surrounded
with very considerable difficulties. The charge against the
prisoners was that they, being keepers of the Colney Hatch
Lunatic Asylum, and having care of patients, so treated
one of them named Swift as to cause his death. The de-
ceased was sent to Colney Hatch Asylum in the early part of
the present year, and was considered a dangerous lunatic

—indeed there was no doubt that he was a confirmed
lunatic, and that he could never be anything else. On Wed-
nesday, the 9th of May, the deceased made an attack upon
a keeper named Gann, and the keeper struck him in self-
defence, but there was no ground for supposing that he used
any unnecessary violence. Upon that occasion the deceased
had the best of the struggle. The keeper was injured, and
he hardly knew how he was delivered from the lunatic, but
it turned out upon inquiry that he was extricated by other
people, and as far as he knew he inflioted no injury upon
the deceased, although in the struggle they fell down to •
getber on the floor side by side. From that period down to
Saturday evening the lunatic was in his ordinary state of
health, and exhibited no signs of injury. He moved and
walked about with the greatest facility. On that Saturday
evening, Slater, one of the prisoners, went to Mr. Tyerman,
the surgeon of the asylum, and said that Swift was dead;.
that he had bad an epileptic fit, and that he had died in it
A post mortem examination was made, and it was found
that six ribs were fractured on one side and five on the
other. The sternum was fractured right across. The liver
was ruptured, and a considerable quantity of extravasated
blood had found its way to the stomach. Inquiries were
made amongst the lunatics, and it was found that the pri-
soners had been guilty of acts of groat cruelty towards the
deceased. The question at issue was whether the deceased
died in an epileptic fit, or from the violence of the two men
Slater and Vivian.

William Gann, examined by Mr. Sleigh, said the de-
ceased was about 50 years of age, and was a large powerful
man. The deceased made an attack upon him and he
struck him in the stomach in self-defence. They fell to-
gether, and he did not know hoW he was extricated. He
saw the deceased again that night at eight o'clock. Wit-
ness said " Good night" to him, and he made no ccmplaint.
On the following morning deceased showed him a bruise
on the right side of the stomach where witness had struck
him, but he did not appear to have sustained any further
injury.

By Mr. Metcalfe—He struck th• deceased Tiobantly. It
was a life and death struggle between them.

By Mr. Robinson—Swift, the deceased, was a very vio-
lent lunatic. When he came to the asylum he had marks
round his waist by which he had apparently been chained
down.

Charles Reed, an attendant at the asylum, examined by
Sergeant Ballantine, said he was called to the assistance
of Gann, when he was attacked by Swift. Swift had got
Gann do wn, and had his hand on his neckcloth. Witness
said, " Let go Swift," and ho let go immediately. lie saw
the deceased frequently afterwards (on the same and subse-
quent days), and there did not appear to be anything the
matter with him. lie made no complaints. There was
nothing peculiar about his breathing. On seeing him on
the following morning, Swift said to witness " It's a lucky
thing for him that you came last night, I should have killed
him."

By Mr. Meteslte--Ile could not say that Swift was not
suffering from injury when he saw him except from his
observation.

By Mr. Robinson—lie did not know what was Swift's
special delusion. He fancied that he possessed great wealth,
that he was the strongest man in the world, and that he
had killed 300 or 400 Catholics.

Samuel Clarke, one of the lunatics, was called and said
he lived at Grove Hall. He used to reside at Colney Hatch.
He knew the two men in the dock. They were atten-
dants in Colney Hatch. He knew a man named Swift.
On the Saturday he ■aw him taken from the airing
court into the ward. It was about ten minutes to
five. Vivian caught hold of him by the collar, and
Swift said he would go with him where he liked. The
other man (Slater) was there. Vivian met Slater,
and said he had been waiting for him, as ho could
not keep Swift quiet. Vivian then took hold of Swift,
tripped up his legs, and threw him on his back. Both
Vivian and Slater then kicked him, punched him, jumped
upon him with their knees, and stamped upon him with
their feet—principally on the chest. They then took him
into the padded room. There was a great noise, and he
heard Swift crying out. Once he called out " Murder,"
and at other times he called upon them not to ill-use and
kick him in that way. 'Witness went into the airing
room, from which he could see into the padded room. He
saw Slater's hands on Swift's head, turning him round.
Slater said, " We had better have them in, or it will be all
over the building." Slater then gave the word, and the
patients went in. Witness, however, did not go in, but went
and sat down in the recess.

The witness gave his evidence with great coolness and in-
telligence throughout, and betrayed no symptoms of in-
sanity. It appears that he had been a soldier aid had served
at Sydney.

Wm. Varney, another lunatic, examined by Mr. Sleigh
said he was at present residing at Grove Hall Asylum, and
was formerly at Colney Hatch, and knew the deceased man
Swift. He had supper with him on the day after his struggle
with Gann, and saw him frequently on that and the subse-
quent day. He appeared to be in his usual state of health.
Ho ate all the dinner and supper that was given him. After
dinner on Friday some of the patients played draughts and
cards. Swift was there and talked " erroneous." Slater spoke
roughly to him and told him to go down into the gallery.
He was not making much noise. He did not go down the
gallery ; he had no time. Slater caught hold ofihim, and
drew him down to the padded room. When Slater dragged
him into the padded room Vivian followed him, and he
heard Swift call ou " Oh 1" and " Oh Lord 1" many times
There was then a great scuffle, and it continued six or ten
minutes. Ho saw Swift the next morning at breakfast.
He complained to Slater that he had kicked him violently
on the day before, and that it was too bad. He appeared
to be very much hurt, but he ate his dinner as usual. The
next day he heard that he was dead.
By Mr. Metcalfe—The cries of Swift were very loud, but
sometimes were stifled as though he was being choked. He
complained to Slater on Saturday morning about kicking
him, and said he was very sore. He appeared to be pretty
well in other respects. He (witness) was at Hanwell ten
years before he went to Colney Hatch, where he was two
years.
The medical gentlemen having given their evidence,
which was to the effect that the injuries must have been
inflicted only a few hours before death,
The counsel for the defence addressed the court, and the
jury returned a verdict of 46 Not Guilty,"