Year: 1859




of the stage in that condition warmly and
comfortably clad, with thick strong boots,
and woolen stockings. And here | would
remark in relation to the manner in which
he was ironed las it has been by some as
serted that the fetters placed around his
ankles were so tight as to prevent proper
circulation of blood, and so heavy as to pro
duce confusion, caused by the jolting of the
stage that we examined the irons and found
them the same as are used by the authorities
at that place in confning and working their
county prisoners and that, although large,
yet the two fetters, with five foot chain at
tached, weigh only ten pounds; and the
shackles were very large and loose, so much
so, that it would have been impossible for
them to have compressed his ankles in any
manner In this manner he left Sonora for
Stockton, and arrived there at about four
o'clock p. NJ, when he was taken out of the
stage and conducted to the Asylum.


DR.. Aylette then saw him, and ordered
some cathartics to be administered to him ;
and after he remained in the main building a
short time he was taken to the mad house
and placed in one of the cells provided with
a mattress and blankets. These cells are


large and capacious the walls of Trick and
the floor of asphatum. When conducted
from the main building across the yard, and
into the mad house, he walked lame, and
manifested soreness and pain in his feet The
Keeper (Mr Foley kindly assisted him. and
inquired of him if his feet were sore, and he
replied that they were.


He remained in the cell that night, and the
next morning he was found nearly naked
with his mattress and blankets torn up, and
the straw arranged in circle around him,
and he was sitting upon the ticking of the
mattress in the centre of the circle. / would
here remark, however, that on his way down
from Sonora he remained sullen and silent,
refusing to partake of any refreshments. The
evidence is conflicting as to whether he got
out of the stage at all, or not the driver as
serting that he did not-whilst two gentle
men, residents at Knights Ferry, assert that
he did get out at that place, and was assist
ed to get in again by his insane companion.
The driver, Mr. Wisewall further testifies
that there was no snow on the way, nor no
frozen ground, but that the day was raw and
cool


Upon the ensuing morning, DR.. Aylett
again prescribed medicines for him, and or
dered him to be shaved and given a bath,
which the keepers testify that they under
took to do, but as he refused to 60 with
them, they returned him to his cell, from the
fact that they were instructed by Dr. Aylett
to never make use of any physical force
whenever avoidable, with any patient He
was changed from cell to cell several times,
for the ensuing five days, when, on the morn
ing of the fifth, he seemed to have somewhat
recovered his senses, asked where he was,
and told the keeper who he was, where from,
etc. That morning Mr.. Trainer the keeper
of the mad house, was changed to the Asy-
lum, and Mr.. Luckett was placed in his posi-
ton. MIR. Brett complained to him of his
feet. lie reported the fact to DIR. Kendall.
who looked at his feet, and remarked that
they had been frost bitten, and that he
thought he would lose the toes upon one of
his feet; ordered some medicines, and also
ordered that his feet be kept gently warm hv
blankets or hot stones; and Mr.. Luckett ties.
titles that he did wrap his feet up after that
twice during the remainder of his stay there.


Upon the eighth, he appeared to have re
covered his senses, and was suffering severe
ly with his feet which had for several days
been badly swollen. When they desired to
take him out to the stove, as he was entirely
unable to walk, they allowed him to crawl
out, he being afraid to let them carry him.
fearing that his feet would get hurt he die
the same on the evening of the next day,
when his brother came for him. In answer
to the question propounded to Mr. Luckett,
"had you received any orders to remove him
from the mad.house at the time Of his bro.
theirs arrival ?" he said mo" "Would Won
have removed him without orders ?" He
said, "No."


This is a brief summary of the evidence, so
far. Then, in relation to his condition when
x,n1 - %l.,z n
for itself "When first saw him, he was
laboring under great constitutional debility
would faint upon the least exertion; his
tongue was terribly coated feet cold, and
of livid color; his toes shrunk, and black;
no circulation in his feet, nor no sensation
his ankles were red, and covered with an
erysipelas blush; think his feet were dead
to the ankles, if not further have been in
constant attendance upon him, with Dr.
Sporati, since, except day or two; ampu-
tated one of his feet on the 29th, and one on
the 30th; when we first saw the patient, his
feet were in the condition of gangrene NOR
tifcation, and when we amputated them.
they were in the condition of spachutus his
hands and feet were very dirty, and a spot
of old blood on his forehead his pulse was
running as high as one hundred
and thirty'two: | expected him to die that
night"


Now, in order to arrive at a conclusion
upon making this report, confning myself
strictly to the evidence-in order for me to
determine whether his present distress and
misfortune are attributed to the physicians
of the Insane Asylum it is only necessary
for me to contrast the position of the patient
when he came in with his condition when he
went out. He came in an able bodied man,
and left it with his pedal eXtremities dead
and his constitutional debility so great, that
his physicians expected him to die that night
If that was his condition, it is a reasonable
suppOsition that he would have remained in
that ad-house, although admitted to be
sane, at least till the next day, and probably
longer; for DR.. Kendall says, IN his testimo-
NY that it is usual for the Resident Physician
to give orders for removal, and the evidence
shows that the Resident Physician, Dr. Ay-
lett, was absent at Sacramento Then, it is
further reasonably presumable that he would
there have died, had not his brother Mr..
John r. Brett, arrived. But l would state
that this presumption of mine is based part
ly upon the statement of DIR. Ryer when he
first saw him, that "he expected him to die
that night" But would say that his great
constitutional debility, at that time might
have been greatly aggravated by his remov-
al; and | would also state that when he went
into the Asylum, he went in there insane,
and when he came out he came out sane


But | will here quote a portion of DR..
Kendal's testimony in his defence, at the
same time referring your honorable body to
the annexed affidavit on file, as well of DR..
Kendall as of all the other witnesses that we
examined land would also remark that in
framing this hastily drawn report, owing to
IL IA e. AhnA AIn n,tiHnnnn In thn L.,