The Sun.
London, England, 1845-07-02 00:00:00

DEFECTIVE STATE OF GUILFORD GAOL.

The Visiting Justices of this gaol made a report, in
which they stated, that owing to its defective construc-
tion, it was quite impossible to carry out some of the
most material provisions of the New Gaol Act. There
were no proper reception cells, where the surgeon
could have an opportunity of examining the priso-
ners brought in, before they were put with the others ;
they likewise could not adopt a prison dress, because
they had no store•rooms for the prisoner's clothes ; and
there was also no space to enable them to carry out
a system of classification among the prisoners. They
were, therefore, still compelled to employ prisoners as
nurses in the infirmary, and prisoners for trial at the
assizes and sessions were also confined there. The regu-
lations for giving instruction to the prisoners were also
virtually abandoned, as all that was done was for one of
the turnkeys to act as a sort of schoolmaster for an honr
every other day, when he endeavoured to teach them to
read ; but instruction in writing, which was also en-
joined by the Gaol Act, was altogether omitted.

Mr. AUSTEN, in moving the adoption of the report,
said that the Visiting Justices felt so deeply the import-
ance of the subject, that they thought it their duty to
bring it before the Court. It was not sufficient for a
gaol to be clean, and that the prisoners should be slent
and orderly, but they should take care that its discipline
and regulations were such as would tend to improve the
criminal and to repress crime. He approved very much
of the regulations of the new Gaol Act, because he con-
sidered they tended to those objects, but it was impossi-
ble to carry them out at Guildford, and he had no hesita-
tion in saying that the system of correction at Guildford
gaol was altogether bad as a corrective of crime.
Mr. BaescoE said he fully concurred in the report that
had been presented to the Court, and, although at the
present moment they might not be able to remedy the
greater part of the evils occasioned by the defective con-
struction of the gaol, he suggested that the Court ought
to take steps to appoint a schoolmaster, and thus, at all
events, to take care that so important a matter as the
education of the prisoners was not neglected altogether.
The COURT concurred in the suggestion of the Hon.
Magistrate, and the report was then received, it being
referred to the Visiting Committee to take the neces-
sary- stespe to appoint a schoolmaster immediately.
The Committee appointed some time back to take into
consideration the subject of the separate confinement
of prisoners before and after trial, and the applicability of
the county gaol at Horsemonger-lane to that object,
made a further report, in which they recommended the
plan of separate confinement should be adopted, and that
the Court should allow a sum, not exceeding 10,0001., for
the purpose of at once carrying it out.
This report gave rise to a desultory conversation, in
which Mr. Kensall, Mr. Browne, Mr. Adams, Colonel
Challenor, Mr. Austen, and Mr. Barclay, took part ; and
eventually the Court referred the matter back to the
Committee for further consideration.
The next question that came before the Court was one
of some importance to the administration of justice. A
Committee had been appointed for the purpcse of con-
sidering the propriety of giving the Chairmen of the
different Quarter Sessions in the county the power to
give fees to counsel to prosecute in certain cases. That
Committee now reported that the system had been
adopted in a great many counties in all cases where coun-
sel were engaged for a prisoner ; and as they were of
opinion it would be found to work well also in Surrey,
they recommended that the Court should give the Chair-
men of the different Quarter Sessions, in all cases where
a prisoner was defended by counsel, the power to hand
the depositions to a counsel to prosecute, and allow him
a fee of one guinea, and the usual fee to his clerk, and
allow the amount in the expenses of the prosecution.
Mr. FRESIIFIELD moved the adoption of the report,
and said that the Chairman at quarter sessions was fre-
quently placed in a very painful position, when the pri-
soner had counsel and there was none for the prosecu-
tion, as he must either appear to place himself in the po-
sition of a partizan or an advocate, or else run the risk
of a failure of justice. In some cases, a stranger who
entered the Court might really imagine that the witness
under cross-examination was the person who had com-
mitted the offence, and yet frequently the Court could
not interfere without seeming to adopt the position of an
advocate. This would be avoided by having counsel ap-
pointed for the prosecution, and he must say he consi-
dered it would be a very great improvement in the admi-
nistration of justice.
Some further conversation took place, during which it
was stated that the cost to the county could not be esti-
mated at more than 130 L a year, and, as this would come
under the head of costs of annual prosecutions, a portion
of which was defrayed from the consolidated fund, the
actual additional cost would not be more than 801. a
year.
The motion was then put and carried unanimously.
The rule recommended by the Secretary of State for
the exclusion of all strangers from the interior of the
gaols on the occasion of the execution of a culprit, was
then brought forward, and adopted, after which the
Court adjourned.

POLICE INTELLIGENCE.
(YESTERDAY.)
MANSION-HOUSE.
Thomas Capham, a cab-driver, and John Harris, his
companion, were charged, before the Lord Mayor, under
the following circumstances.
Henry Ferguson, time-keeper on the Blackwall Rail-
way, stated that on Saturday night, at half-past ten
o'clock, he was in the Minories, giving a direction to a
person, when Capham, who was driving a cab, struck
him on the head with a whip, and knocked off his hat ;
after which tliJ cabman got off the box, grappled with
him, and tore his stock off, on which was fastened a dia-
mond breast-pin, which cost 21. Harris drove off the
cab, leaving Capham engaged with witness, who be-
lieved that Capham, in the row, took the diamond pin as
well as the stock. Witness also believed that his hat
was taken away in the cab ; and the whole transaction
took place without any provocation upon the part of the
witness, who merely struggled to defend himself. Cap-
ham, after the outrage, made his escape.
In his cross-examination by Mr. Robinse.n, for Harris,
the witness said he both felt and saw Capham drag at his
stock and diamond pin. He grasped the whip with
which he had been assailed, and wrested it from his
assailant.

George J. Ferguson, brother to the prosecutor, stated
that he was in the company of the last witness when
Capham struck the hat off. Witness went to take the
number of the cab, and Harris struck him, and they had
a struggle together, and Harris made his nose blfed.
H ~rris then drove off the cab, and Capham disappeared,
and afterwards witness's brother complained of having
lost 14s stook and diamond pin.

James Martin stated that he saw the prosecutor and
Capham struggling together, and the former said, " Do
you see what he is at?" and called out fur the police, Rua
said he had lost his stock and pin directly afterwards.
Mr. Robinsoa—llid you hear nothing about the horses.
heads being struck by Mr. Ferguson ? Witness—No",
thing at all.
Harris—l was in bed at the time the man speaks of.
Mr. Ferguson, in answer to several
.questions put to •
him by the Lord Mayor, as well as by Mr. Robinson.
denied in the most positive mariner that he had our
menced or done anything to excite the disturbance ; and
swore, in as positive a manner, to the identity of the
prisoners.
The LORD MAYOR—I have looked most scrupulously
into this case, and I am come to this decision sen'
tepee Capham, for his flagrant conduct as a cab driver,
to imprisonment in Bridewell for two months, and his
licence shall he cancelled ; and I adjudge Harris to be
his own surety in'the sum of 80/., and to find two sure'
ties to the amount of 401. each, to appear at the nest
quarter sessions, to answer any charge which Mr. Fee
guson may brim,. against him.
A very small boy, mimed George Clarke, was charged
with having aided and assisted another boy, not 10
custody, in committing a robbery.
Heniy Monachen, a boy, also of tender years, said
that on Tuesday he went to bathe at Billingsgate. and
he gave his shoes into the care of another little fellow
while he proceeded to strip. Up came a third boy, and
slipped the shoes out of the hands of the child, who wile
thus kindly employed for his companion, and the
prisoner, who witnessed the robbery, prevented pursuit"
by placing his person in the way.
The policeman, who upon hearing of the robbery took
the prison,-,r into custody, stated, that he asked the
prisoner why he threw himself in the way of the bog
who wanted to recover the shoes, " What the hell ill
that to you?" replied the prisoner ; " I suppose it was
because I didn't want 'tother to be grabbed." In fact
the prisoner seemed to exult in the success of his feat. _

The LORD MAIOR—WeII, prisoner, where is the
fellow who stole the shoes ? Prisoner—l can't ten
where he is. I had nothing to do with the boy's shone.,
The boy, in whose care the shoes had been left, said
the prisoner offered to make known the thief's lodging!
for the reward of twopence, but refused to aceompani,
anybody thither at any price, and no doubt he would'
have pocketed the pence, and sent people on a wild
goose chase.
The LORD MAYOR—Come, prisoner, you must let 0!
know where the thief is to be found. The prisoner-4
don't know where he lives. People lives here one del
and there another. how am Ito know ?

The LORD MAYOR—What did you say to the police'
man ? The prisoner—l asked him what the h-11 it wao
to him why I stood in the way—but I did'nt steal the
shoes.

The LORD MAYOR—WeII, you shall go to the Comptet
and be comfortable there by yourself until you let 110
know something about this friend of yours. I dare say
you will by-and- bye be glad to let us know something.
The prisoner was then remanded. .
King, Lowden, and Com tney, the boys who have been
charged, the first with robbery and forgery, and the tifo
others with forgery, by Wm. Simmonds, the newsparet
agent, were brought up, and the depositions having bees
read over, formally committed for trial at the Centre'
Criminal Court.