The Sun.
London, England, 1866-10-23 00:00:00

THE SUN, LONDON, TUESDAY EVENING, OCTOBER 23, 1866.

Central Criminal Court—This Day.

OLD COURT.
(Before the Recorder.)
CHARGE OF PERJURY.

Mr. Ribton applied to the Court for a postponement of
the trial of Charles Mayhew, who was indicted for making
false affidavits, with a view of obtaining remission of the
fines inflicted at the Central Criminal Court for non-attend-
ance as jurors until next scasion, as ho was physically un-
able to attend.

The application was granted.
ALLEGED CRUELTY TO A PAUPER LUNATIC.

Henry Burton and Edward Morgan, two warders en-
gaged in the Surrey Lunatic Asylum, were indicted with
assaulting a man named Tite; one of the unfortunate in-
mates in the establishment.

Mr. Sleigh appeared for the prosecution, and Mr. Ribton
defended the prisoners. •
The following witnesses were examined : -
Arthur Kennedy said he was painter, and on the 20th of
Sept. ho was engaged at work at No. 2 ward of the Surrey
County Lunatic Asylum, lie saw Tito in his cell, and soon
aft.,r Sinis, the attendant, went in, told 'rite to get out, but
he refused, but ultimately he began to dress himself. The
two defendants afterwards wont in, and when Tito conic
out he heard Lim say he wuuld shift himself and show the
marks of ill usage to the surgeon. He (Tite) appeared to
be suffering very much, and, finally, Tite said ho would be
the death of the first person he met. He walked away, and
the next thing he (witness). saw was Tite on the ground
and Burton standing over him. Tito had hold of a chair.
A whistle was blown, and then Morgan came in and went
towards Tite and fell upon him. .He saw Morgan hit the
man, and while he was doing so, Burton was at Tite's head
holding him down.

Cross-examined by Mr. Robertson.—He did not know
there had been a fight with the lunatics the night before.
Tite was very excited, but his threat to murder some per-
son was after he came out of his cell. The matter occurred
on a Thursdity, and the first time he mentioned what he
had seen was on the following Saturday. He and his
master talked about the matter over their breakfast the
same morning that it occurred. _ _

Fraser, another paintcr,•aaid he was engaged with the
last at work at tho Surrey-tinatic ASylum on the day
mentioned. He had but an impel feet view of Tite's cell,
but he bad a good view of the whole of the gallery. Be-
tween six and seven in the morning he saw Tits,
walking about the cell in a very excited state. He
had' a chair in his hand.- A door opened, when the
defendant Morgan came in, and seeing Tito threw
him down. He kept his knee on his stomach, and
punched him on the ribs. A whistle was then blown, and
Burton and Hunt came in. While Morgan was punching
the man Burton seemed to him to be holding Tito down.
He was at his head, but he did not see him do anything to
Tite except to hold him down. Tite was lifted up by
Burton, and then Burton and Morgan (the defendants)
again threw him violently down. They afterwards lifted
Lim up, and put him into another room, and he then
heard a noise as of some one falling. He afterwards heard
Tite begging for mercy, two or three tiraes. Sims was in
the ward, and he must have' seen all that was going on.
Cross-examined—The lunatic was very much excited.
Ho was swearing,, and then saw him take up the chair and
swear that Le would do for every one. Had he met him
abroad he should have considered him as a raving lunatic.
He had known Tite as a patient for two or three years.
Ho did not know that the ward in which the matter oc-
curred was called the refractory ward. Morgan rushed at
Tito directly he came into the ward, and the chair, he
thought, must have then dropped from his hand. Burton
did mot come in until the whistle was blown, and after
that the three persons, Morgan, Burton, and Sims, took
Tite into the room or cell by force. They had all been in
the cell about two or three minutes, when he heard Tite
begging for mercy. The men had to carry Tito to the
cell as he was so violent.

Re-examined—He heard Tite call out " Have mercy,
have mercy," two or three times.
William Conn, another painter,. said at the time of the
occurrence be was working in 62 ward. The first thing he
heard was a patient holloaing, and on looking ho saw the
defendant Morgan kneeling on the ribs of Tite, and holding
him with one hand and striking him with the other. He
heard Tite complain of the illusage, and threaten Mogan
that he would toll the doctor. Morgan then threw him
down and rammed his head against the ground until the
blood flowed. Burton and Sims stood looking on at the
time. Ho heard the whistle blown, and then Burton Wok
the man to the sink, arid .he afterwards heard a chocking
sound as of a man strangling. After that he saw Burton
take the man by the back of the neck and throw him to
the ground two or three times. Ile was so overcome that
he did not observe what Morgan was doing at the time.
Cross-examined—He did not see anything done with a
chain. The two first rounds took place in Tite's cell.
Morgan was the only person with Tite ; Sims and Burton
were looking on. He saw Morgan kneeling on the patient,
who was undressed. When Tite came out of his cell
Burton took him to the sink. He did not know what
became of Morgan and Sims, as he went on with his work.
lie was workingiu one of thii cells Iwhen he heard the
whistle, and then it was he came out into the g:dlery.
Tite was not violent until after he had his " whalloping"—
(laughter)—and it was not until Tite threatened to tell the
doctor of the illusage that Burton threw him down and
knocked Lis head on the floor until the blood spurted out.
lie had not mentioned the blood spurting out of Tito's
head until to-day, because he had not been asked the
question. Tite was locked in his cell after he was brought
from the sick ward. The threatening language was not
made use of by Tite until after the illusage. He had had a
private conversation with Tite as he sat in the recess. He
asked Tite ho who felt. He was sure it was Burton who
took Tile back to his cell. He had been told by the at-
torney not to say anything more than he was asked, and
that was the reason he had not before spoken about the
blood.

Mr. Mitchell, head attendant at the Surry Lunatic
Asylum, said Morgan had been engaged there for four
years, and Burton about seven months. Sims was also a
warder, and he bad charge of the ward in which Tite was
lodged. On the 20th of September he first saw
Tite. He was then asleep in his bed. At nine o'clock
he saw him limping about the yard, and appeared
very much beat. He spoke to Tite, and in conse-
quence of what ho said be (witness) spoke to Burton
who requested him to tell what had occurred with respect
to George Tite. He informed Burton 115 had been told
something by Tite, and that he desired to know what he
knew of the matter. Burton said he had seen Tite in an
excited state, and hearing the alarm whistle he went into
the ward to assist Sims. He said Tite hal a chair in his
hand and was threatening to strike. He (Burton) went in
company with Sims to take the chair from him. That a
scuffle took place, but that he did not use any more force
than was necessary to place Tito in his own room. He
remarked that Something more than mere 'restraint had
been resorted to, and he (Burton) said be had done nothing
more than was necessary under the circumstances. Hu
did not see 'Morgan until some time after. It was Sims
duty to report the matter to him. Ile had been seven
years in the asylum. No warder is allowed to strike a
patient. _ . •

Cross-examined—During the four years Burton had been
in the service of the establishment he had never received
any complaints about him. No. 2 ward was not the re-
fractory ward. Tite was not at the time of the occurrence
a refractory patient, and he only had been so during the
time ho was subject to fits. Ho had heard that Burgess,
another patient, knocked 'Tito down, and Burton told
hint of that early the next morning, but he did not know
that a regular fight had taken place.
Re-examined.—lt was six weekS previous to the occur-
rence that Tite had had fits.

Dr. Grabham said he was medical attendant at the Asy-
lum. He examined the body of Tite, and found a bruise on
the cheek bone, but ono bruise was over the breast
bone. Tito complained very !much of the inside of hig
mouth. Blood might have flowed frcm his gums
two hours before. When he first saw Tite's
body the bruises were not so apparent .as they
became a day or two afterwards. He was of opinion that
the injuries had been received but a few hours before ho
made his examination. The bruise on the cheek bone
might have been inflicted the day previous. He received
no report relative to Tito from the Warders before ho made
the examination.

By Mr. Ribton—A knock down blow from Burgess
would account for the bruise on the cheek bone. 'lie
thought some blood might have run from the bruise on the
cheek bone.

By the Court—Be knew of no part atout the head that
the blood could have spurted out. It might, however,
from the gums.
This was the case for the prosecution.

Mr. Ribton then opened the case for the defence, and
contended that no more force was used towards Tito than
was absolutely necessary.
George Frederick Townshend said he was attendant in
No. 3 ward. He recollected a fight taking place between
Tite and another patient named Burgess. Burgess was re-
moved, and afterwards Tite was taken to his cell. Burgess
attempted to kick Tite, but ho prevented it. He did not
see the beginning of tho fight. All he did was to remove
both patients. lie had another patient to look after, who
was at the time in a bath, and while doing so, Burgess and
Tite got fighting again.

Felix Sims said he was an attendant at the asylum. He
recollected on the evening of the 19th September 'lite and
Burgess having a fight. Burgess kicked Tite many times
very violently. There was a bruise on Tite's cheek. Bur-
gess was taken to his cell, and Tite was told to keep himself
quiet. Tite refused to do so, and he was forcibly put to
bed. When he wont the next morning to Tite he told him
it was time he got np. Ho refused to rise from his bed.
He took the bed clothes front him and called Burton
to his assistance. Tite, on Burton entering, flew
at him and seized Lim by the arm, and with
some difficulty it was disengaged from Tite. Ulti-
mately he became quiet, and be was taken to the sink to
wash, and after that as he was sitting in the recess, he
asked that his money and knife, which had been taken
from him, might be returned. He told him it was all right,
the doctor had them, and it would •be given him. In a
short time after that he saw Tite with a chair in his hand,
swearing he would do for anybody. Morgan closed with

them, and they both fell. It is untrue to say
Morgan knelt on Tite's chest, or that he punched
him in the ribs. There was a struggle on the
ground, but that was all. Burton Morgan took Tito to his
room, but no unnecessary force was required. When Tite
was in his own room he (witness) took off Tite's shoes,
which he threw on the floor ono at a time. His necker-
chief and braces wore taken from him to prevent his doing
himself an injury. He reported the case to the head at-
tendant. He was sure no more force than was necessary
was used.

John .Hunt and Joseph Murphy, warders in the asylum,
both defendants only acted in their own defence. Tite
had a knife in his possession, and had it not Wen taken
from him fatal results might have ensued.
The jury returned a verdict of guilty cn the first indict-
neut, with a recommendation to mercy, as it was possible
:hey might have received provocation.
Mr. Sl.igh said the visiting justices had thought it their
July to prosecute the defendants, but they alsu wished it
to be known that they had no complaint to make of pre-
vious misconduct.

The Recorder said ho supposed that both the prisoners
would be discharged from the a,v;um.

Mr. Sivigh said that, of course, would follow th..,
conviction.

The Recorder, in sentencing the prisoners, said it was
possible that both of them might have lost their tempers,
but it was important that it should be known that persons
in their position must govern their tempers as far as it was
in their power. Under all.the circumstances, the sentence
of tile Court was, that they be imprisoned and kept to hard
:abour for two months.

NEW COURT.
(Before the Common Sergeant.)

Alfred Kemp, a letter-carrier, was sentenced to two
years' imprisonment, with hard labour, for stealing a letter.
The case of Haddon has been fixod for to-morrow.

POLICE INTELLIGENCE—This Day.

MANSION-HOUSE.

ATTEMPT TO EXTORT MosEL—Ellen Sullivan, who is
well known to the Metropolitan police as a member of a
deSperate gang of females who infest Orutched Friars and
the neighbourhood, was charged before Mr. Alderman
T"innis with endeavouring to extort money from a gentle-
man named Wetherell, and abusing and threatening Mr.
Deputy Bone.
Mr. Bone said that about 6 o'clock last evening a gentle-
man took refuge in his shop, 44, Minories, being closely
pursued by the prisoner and three other women. The prisoner
followed the gentleman into the shop, and used the most
obscene language to Lim, at the same time accusing him of
wanting to take improper liberties with her niece. Wit-
ness interfered, and she abused him, threatening that unless
he turned the gentleman out of the shop she would smash
his windows. He believed that the women would have
torn the gentleman to pieces if he had not been under his
protection. He gave the prisoner in charge, and accom-
panied the gentleman to the station-house. The latter
gave the name of Charles Wetherell as an address,
but he understood that he was not in attendance.
lie bore his testimony to the desperate character of the
female ar.d her associates, who were a regular nuisance
to the neighbourhood.
The prisoner repeated the charge she had made against
the gentleman at the station, which he had most positively
denied.

William Sanger, a house painter, deposed to having seen
the gentleman pursued by the prisoner and five or six
other women until he reached Mr. Bone's shop. He heard
them demand money from the gentleman, and their con-
duct was most desperate. He heard tho prisoner also
threaten Mr. Bone, and say that she would smash his
windows.

City Constable 298 said that he saw the prisoner
struggling with another officer in John-street, Minorios,
and he went to his assistance. It was with the greatest
difficulty they carried her to the station, and she bit and
kicked him and the other officer. The gentleman appeared
to him to be a custom-house officer, and had an uniform
under his outside coat, and he said he had just come from
the ducks.

City Constable 784 said that ho took tho prisoner into
custody, she being charged by Mr. Bone with threatening
him. The prisoner was quite sober, and she was one
of the most desperate characters in the east part of London.
There was another charge against the prisoner, but the
worthy alderman thought it unnecessary to proceed with
it, and sentenced the prisoner to 21 days' hard labour,
and directed that, at the expiration of her sentence, she
should find a surety to keep the F.,ace for two months.