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

Central Criminal Court—This Day.

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OLD COURT.
(Before the Recorder.)
CHARGE or 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-

ante as jurors until next session, as he 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, ono 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 be was painter, and on the 20th of
Sept. ho was engaged at work at No. 2 ward of the Surrey
County Lunatic Asylum. He saw Tito in his cell, and soon
after Sims, the attendant, went in, told Tite to get out, but
he refused, but ultimately he began to dress himself. The
two defendants afterwards went in, and when Tito cane
out he heard him say ho would shift himself and show the
marks of ill usage to the surgeon. He (Tito) appeared to
be suffering very much, and, finally, Tito said he would be
the death of the first person he met. He walked away, and
the next thing he (witness) saw was Tito 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 Tito's head

holding him dawn.
Cross-examined by Mr. Robertson.—lle did not know
there had been a fight with the lunatics the night before.

Tito was very excited, but his threat to murder some per-
son was after he came out of his cell. Tho matter occurred

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on a Thursday, and the—first time— he mentioned what ho
had seen was on the following Saturday. lie and his
master talkod about the matter over their breakfast the

same morning that it occurred.
Fraser, another painter, said ho was engaged with the
last at work at the Surrey Lunatic Asylum on the day
mentioned. He had but an impel feet view of Tito's cell,
but he bad a good view of the whole of the gallery. Be-
tween six and seven in the morning he saw 'rite

walking about the cell in a very excited stato. Ho
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 Tits down.
He was at his head, but he did not see him do anything to
Tite except to hold him down. Tito was lifted up by
Burton, and then Burton and Morgan (the defendants)
again threw him violently down. Tiley afterwards lifted
him up, and put him into another room, and ho then
heard a noise as of some one falling. He afterwards heard
Tite begging for mercy, two or three times. Sims was in
the ward, and he must have soen all that was going on.
Cross-examined—The lunatic was very much excited.
He was swearing, and then saw him take up the chair and
swear that he would do for every one. Had ho met him
abroad he should have considered him as a raving lunatic.
He had known Tito as a patient for two or three years•
He 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 not 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 tho
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 he was working in 62 ward. The first thing ho
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 Mo:•gan
that he would tell 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. He heard the whistle blown, and then Burton took
the man to the sink, and he afterwards heard a choaking
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. He 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 Tito 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.
He was working in one of the cells when he heard the
whistle, and then it was he came out into the gallery.
Tite was not violent until Afton-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 his head on the floor until the blood spurted out.
He had not mentioned the blood spurting out of Tite's
head until to-day, because he had not been asked the
question. Tito 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. Ho
asked Tite how he felt. He was sure it was Burton who
took Tite 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 had 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 he (witness) spoke to Burton
who requested him to tell what had occurred with respect
to George Tite. He informed Burton he had been told
something by Tite, and that he desired to know what he
know of the matter. Burton said he bad seen Tito in an
excited state, and hearing the alarm whistle he weut into
the ward to assist Sims. He said Tite hal a chair in his
hand and was threatening to strike. Ile (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 Tite in his own room. Ho
remarked that something more than mere restraint had
been resorted to, and he (Burton) said he had done nothing
more than was necessary under the circumstances.' Ho
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. Tito 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. He had heard that Burgess,
another patient, knocked Tite down, and Burton told
hint of that early the next morning, but ho did not know
that a regular fight had taken place.
Re-examined.—•lt was six weeks previous to the occur-
rence that Tito had had fits.
Dr. Grabham said he was medical attendant at the Asy-
lum. He examined tho body of Tile, and found a bruise on
the cheek bone, but ono bruise was over the breast
bone. Tite complained very much of the inside of his
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 he
made his examination. The bruise on the cheek bone
might have been inflicted the day previous. He received
no report relative to Tite from the 'Warders before he made
the examination.
By Mr. Ribton—A knock down blow from Burgess
would account for the bruise on the cheek bone. Ho
thought some blood might have run from the bruise on the
cheek bone.
By the Court—He knew of no part about 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
Tile and another patient named Burgess. Burgess was re-
moved, and afterwards Tite was taken to his coll. Burgess
attempted to kick Tite, but he prevented it. Ho did not
see the beginning of the fight. All he did was to remove
both patients. He had another patient to look after, who
was at the time in a bath, and while doing so, Burgess and
Tito got fighting again.
Felix Sims said he was an attendant at the asylum. He
recollected on the evening of the 19th September Tile 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 Tito was told to keep himself
quiet. Tito refused to do so, and he was forcibly put to
bed. When he went the next morning to Tite he told him
it was time he got up. He refused to rise from his bed.
He took the bed clothes from him and called Burton
to his assistance. Tite, on Burton entering, flew
at him and seized him by the arm, and with
some difficulty it was disengaged '„from Tite. Ulti-
mately he became quiet, and he 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