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©nttrai erimmal April 21, 1849 ^ - _ : -...
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©nttrai erimmal ftottrt
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Ojbt.'i.n-1-.- o Goons nv False Pretence...
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but had I committed as many munh.-:-i ;c...
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months' imprisonthe shaj'es' -were^rrer ...
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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©Nttrai Erimmal April 21, 1849 ^ - _ : -...
April 21 , 1849 ^ - _ : --- ___ THE NORTHERN STAR . ?
©Nttrai Erimmal Ftottrt
© nttrai erimmal ftottrt
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( Concluded from the Eighth Page . ) S-itpsdat , April 14 . TnE ToOTlXO Tbagedt . —The learned fudges took their seats on the bench at ten o ' clock , and the defendant who had been released upon bail , surrendered , and took his place in the dock . The jury were then brought from the London Coffee-house , where they had been during the nigiit in the charge of Mr . Haskcr , the principal usher , and their names having been called over the -trial proceeded . Kezuh Diamoxd examined hv Mr . Chambers . —
, I am deputy-matron of the Holborn Union "Workhouse , and used to attend to the children in that establishment . I went to the Free Hospital on the 5 th of January to receive the children that were COminff from Tooting . One hundred and fifty-seven children arrived there on that night , and among them the deceased , James Andrews . The next day I beard that he -was ill , and I found him in bed , and Mr . Whitfield , the medical gentleman , prescribing for him . I attended upon him until he died , which ¦ was about half-past eleven on the Oth . I examined the children that had come from the Tooting establishment on that day .
Sir F . Thesigek objected to any evidence being oiven , as to the general state of the children . The only question was , what the condition of James Andrews was . It might he that James Andrews was treated quite differently from the other children . The Court expressed an opinion that tht evidence was admissable . Examination continued ; I found the children in a very bad state . Many of them had eruptions on their bodies . The deceased had no eruption on his oodv . Baron Platt inquired how it was proposed to apply this evidence .
Mr . Chambers said he should submit that it was important , as tending to show that the treatment adopted by Mr . Drouet was generally detrimental , and that the whole of the children suffered from ^ tin different ways . Sir F . Tuesigeb obj ected to the reception of the evidence , but The Court , after some argument , decided that such evidence mig ht be gone into . The examination of the witness was then proceeded with . She said , —The children were very sore in their bodies , aud had sore feet , and there were wounds on different parts of their persons . ^ I saw the children betore they went to Mr . Drouet ' s , and at that time they were much stouter and healthier . They have " since been examined by Mr . Grainger and Dr . -Parr . . There are twenty-eight Of the children still remaining in the hospital . —By Sir F . Thesifer : I used to see the children when I
went occasionally into the different wards . Two of my own children were sent to Mr . Drouet ' s , and thev remained there fourteen months and I believe Mr . Drouet treated them very well , and was kind to them , and I have thanked him for f reatin" them so well—By the Court : My children were a portion of the 150 that were sent . One of them was attacked by the cholera That was a little girL My two boys were sent back , and they a ppeared very poorly . All my chddren recovered men I visited the establishment my httle girl appeared to be treated just like all the other children and no partialitv whatever was shown her . I saw her four times at her meals . If I had seen any insufficienev in the food , or that It was improper m any respect , of course , as a mother I should have complained . The food appeared , to me good jd quantity and quality . I only saw them at supper . 1 was never there at dinner time . I never saw the bovsfed . I only went into the girls' room .
Mart Hahris said : I was a nurse at the Free Hospital when the children were brought there on the oth of Januarv . I saw the deceased James Andrews on that night . He seemed very tired , and I set him by the fire , and gave Mm some supper , I gave him some bread and milk , and he said , " Oh , nurse , what a big piece of bread this is . " He drank the milk , but he could only eat a portion of the bread . He appeared veryfatigued , and I put him to bed , aud I observed , as 1 undressed him , that he was very thin and emaciated . He appeared to compose himself on lii-s Led . and soon went to sleep , and about half-past
six o ' clock the next morning he began to purge and vomit , I gave him tome milk , and he brought it up dircctlv , and I then sent for Mr . Whitfield , the doctor , and left the child in his charge . —By Sir F . Thesisrer : I don ' t know how many children wen ; sent to the Free Hospital . There were four of us nurses sent from the Holborn Union to attend to them . I bad never seen the boy Andrews before he was brou-rbt to the hospital . I was not told he had been ill in the van on the way to the hospital . —By the Court : More of the children were purged , but Andrews was the only one who vomited .
Mr . S . Whitfield said—I am the medical officer Of the * Holborn Union . I visited Mr . Drouet ' s establishment on tbe 4 th of January , for the purpose of reporting on the state of the children generally . I went into the cholera ward , which consisted of several rooms , appropriated to cholera cases , and when I left I entered some suggestions iu the visitors' hook , fov Mr . Drouet to adopt , and recommended the use of warmer clothing , warmer rooms , and that the diet should be changed , and more meat given to the children . I afterwards examined the sleeping apartments .
Sir F . TuESiGiR took an objection that what had occurred after the breaking out of the cholera was not evidence . The deceased boy was removed on the following day , he being supposed to be healthy and fit to be taken away . —The Court ruled that the evidence should only he given as to the condition of the other sleeping apartments , aud not with regard to the cholera wards . —Examination continued : On the 5 th of January I made another visit and examined all the Holborn Union children , and
accordin g to mv judgment lob * were in a condition to be removed ) but many of these were then under the influence of cholera and would be attacked , but still I thought they were in a Jit state to be removed . It was a cold snowy nig ht when the children were taken away . They were carried in a van covered at the top and with curtains at the sides . 1 attended upon the deceased child afterwards at the hospital ravin he died , which was about eleven o ' clock in the morning of the 6 th . About a week afterwards I saw the whole of the rooms .
Sir F . THESIGF . R objected that the evidence should be confined strictl y to the room in which the deceased cluld actually slept . —Mr . Chambers contended that they were entitled to show that the building was overcrowded , and pestilential in consequence of that overcrowding . —The Court expressed an opinion that the general state of the whole building was not admissable , and that the evidence ought to be confined to the room in which the deceased child slept . In answer to a question put by Sir F . Thesiger , Ur . Whitfield said that ihe establishment consisted of several separate buildings . —SirF . Thesiger ; And one part of the building is a quarter of a mile from another . —Mr . Chambers : There is no evidence of that . —Sir F . Thesiger : But Mr . Whitfield will soon tell us . He then put the question , and Mr . Whit " field said that some of the buildings were several hundred yards apart from each other .
The examination of Mr . Whitfield was then continued . He said , I went into all the dining halls , hut I was not told how many children were generally accommodated in them . I observed that the children who were brought from Tooting had swelled bellies , and their pulses were very weak , Many of them were also suffering from itch . The appearances I observed were an judication to me that the children had not had sufficient food , and this would no doubt render them more liable to the attacks of such a disease as cholera . Tho wasting is very sudden incases of cholera . The child was not a bag of bones . This is an exaggeration . —By Sir F . Thesiger : Workhouse children are not the best description of children to be found . They very frequently
come in with itch , and the workhouse is seldom free from that disorder . Emaciation is excessively rapid in cases of cholera . When the seeds of cholera are in the system emaciation would not commence until the discharges . The deceased died of Asiatic cholera . I believe cholera is produced from atmospheric influence , and that it is decidedly infectious ; and that an infected subject increases the poisonous State of the atmosphere . I do not believe that cholera is contagious . In my opinion cholera is not generated by marsh miasma ; nor is it generated by insufficiency of food . Cholera is generally very capricious iu its attacks , and I have heard of cases where it has attacked one side of a ship and one side Of a street , and snared the other ; and there are
instances where it has attacked healthy spots , and Spared others in the same neighbourhood which were ill-ventilated and unhealthy . I am aware that the cholera broke out with great virulence at Wandsworth , which is in the neighbourhood of Tooting . I think that cold is a great predisposing cause of cholera . I did not attend the children at the Holborn Union or at the Free Hospital when the children were brought back . —By Mr . Chambers : insufficiency of food might predispose the system to be attacked bv cholera . A change from warm to cold clothes suddenly would also have that effect--By the Court : I was precluded from seeing the children on the niirht thev were brought to the hospital , as I
was superseded bv the medical gentleman belonging to it—Baron Plait : Surely you ought to have given some intimation to the medical gentleman that incipient cholera existed among the children . —Witness : I took for granted they would be attended to . Baron Platt : Was not the removal of the children oa a cold night likely to predispose them to be attacked with cholera ' ?—Witness : Tes , it was an evil , but it could not be remedied . From the state of the establishment it was indispensable to bring them up that night Mr . tiiESoy , another surgeon attached to the Holborn Union , deposed that he examined aU the children in October , before they we-re sem ) to Toot-
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ing . Ho did not remember the particular case o * the deceased , but , generally , he was certain he pa ? sed none of the boys if they were unhealth y . Mr . A . B . GARRonsaid , I am a doctor of medicine and assistant-physician to the University College Hospital , I made apost mortem examination of the deceased . The body , I believe , had been buried by mistake . A difficulty here arose as to the identity of the body . Mr . Peahsox was called to prove that the body which was examined was that of the deceased . He unable to do
however , was so . In answer to questions put by Sir F . Thesiger , he said that he was one of the guardians of St . Andrew ' s parish , and in that capacity he had examined the establishment and in his opinion Mr . Drouet ' s conduct was characterised hy kindness and humanity—By the Court : That was his character iu the town of Tooting and the nei ghbourhood . Wiu . i \ u Phim-t , the gravedigger of St . Andrew ' s parish , proved that he knew the deceased , and that ir Tm " * good 1 * - * before he was sent to Tooting He likewise stated that the bodv examined by Mr ! Oarrod was that of James Andrews .
_ Dr . Gaubod was then recalled . He said—In my judgment the deceased died of malignant cholera , "• -ebod y of the child was very much emaciated , and the appearance of the teeth denoted that be was a child of infirm constitution , and that he had not arrived at proper maturity . There was a total absence of fat even on those parts where it was generally thickest . The lungs were slightly congested . There were also all the usual indications of the death having been occasioned by cholera . lam positive that the death was occasioned by cholera , and I also think that a considerable portion of the emaciation which the body exhibited might have been tbe result of the ravages of tho disease . This would not have been tho case under ordinary
circumstances , but I am of opinion this was not a healthy child I should not like to state positively that the child being kept in a crowded and ill-ventilated apartment , and being insufficiently fed and clothed , would have produced some of tho appearances which were exhibited . It is my opinion that a child of weak constitution would be more likely from such treatment to be affected by such £ disease as cholera . —By Sir F . Thesiger : I believe that the cholera cannot be generated in England , but that it travels to us with the atmosphere . I also think it may be communicated by infection , but nothing positive is known upon the subject . It is rather a capricious disease , but generally selects prisons , workhouses , and other places where the diet is not
very generous . Iu some cases it attacks healthy persons , and those who are strong as well as those who are weak . —By the Court : I do not believe bad air , bad food , and bad clothing would produce the cholera , unless it existed in the same neighbourhood . . Mr . W . Kite said—I am a surgeon , and in the course of last year I was engaged by Mr . Drouet , I went there on ' the last day of October , 18 i 8 , and my duty was to attend to the sick . There were between 1 , 100 and 1 , 200 children in the establishment . I saw no surgical book at the time I entered the house , but I afterwards kept one of my own . Towards the end of December 200 more children were admitted from St . Pancras parish . Was never consulted about the capacities of the establishment
bofore more children were admitted . Was never consulted about the ventilation , the clothing , or the food . There was an infirmary when I came to the establishment . It was connected with those parts of the establishment where the healthy children were kept . In three or four weeks after I came another sick ward was added . Some children affected with ophthalmia were in the infirmary when I arrived , There were also some there affected with itch . There was no separate ward for those affected with itch . It was difficult to get rid of the itch in the establishment . Mi-. Drouet did not object , to receiving children affected with itch . —Baron Platt : Did you ever hear of the cholera being produced by the itch ? ( A laugh . ) — Witness : Hover , my lord . — Examination continued : I found it very difficult to ffot rid of the itch . Mr . Drouet took in children
whether attected in that way or not . Tbe first decided case of cholera was on the 29 th of December , and between that day and the 13 th of January 130 children died of that disorder . There was a great number of cases between the 20 th of December and the 5 th of Januar-, and the moment a child was attacked by the disorder bo was removed to the cholera ward . It was not my duty to go through the sleeping attics , and I don ' t know how many children slept in each bed . The disease increased very rapidly , and altogether as many as 200 children were attacked . They were not all placed in one ward , but several wards were appropriated for their reception . I have been in the bedrooms , and in one of them there were certainly too many . —Mr .
Chambers : Too many for what?—Baron Platt : He merely says there were too many . —Mr . Chambers pressed the question . —The witness replied , that the number in the room might predispose to disease-Examination continued—I do not consider that the day rooms were crowded . —Sir F . Thesiger objected to the mode in which Mr . Chambers examined the witness . If he did not get the answer he wished he immediately treated him as a hostile witness . —Mr . Chambers said the witness came from Mr . Drouet ' s establishment . *—Baron Platt said that did not signify . The witness was produced as the witness oftruth , and there was nothingin his demeanour , or the manner in which he gave his evidence , to suppose that he was not speaking the truth . He
therefore thought that such a mode of examination ou « ht not to be persevered in . — Examination contiiuied—The overcrowding of children together would no doubt predispose them to disease . It was one of the bigger boys dormitories which I considered a Iittle ~ overcrowdcd . I did not go into the little boys' dormitories . —By Sir F . Thesiger : I first went to the establishment on the last day of October . Tiie deceased child was in the sick ward from the Sth of November , and he continued to remain there until he left the establishment , although he was not in the sick ward . While he was there he had everything that I ordered , wine , or porter , or any other thing that I directed him to have . The establishment prior to December was generally l . ~ — l ^ l ... ...... 1 * I .... * a t . Min rnm , tV \ W iwcn ? M i > inl .. nnt £ < llCULIi 1 i iiw ui / Aiiuca
- ^ , UJU IUVIU "WU ,. ij IV" , » . a ou , compared with the extent of tho establishment . Many children were sent to the establishment with the disease of itch upon them , and be did all that lay in his-power to get rid of it . The first appearance of cholera was * on the 20 th of December , and it broke out quite suddenly , and without any premonitory symptoms . It consequently became necessary to suddenly separate those who were attacked with the disease from the others , and this naturally created great confusion in the establishment . There was a difficulty in procuring nurses , as a great many refused to come to the establishmeiilTafter agreeing to do so . Mr . Drouet during this period was very active , and did all he could to alleviate the state of things that existed in the
establishment . The children never complained to me of not having enough food ; nor did I ever hear complaint from the iiurses , or any other persons . Six adult persons were attacked with cholera in the establishment , and three of them died . One of the nurses died . This nurse had the charge of the same ward in which the deceased child was placed . — By Mi-. Chambers : A good many of the children were suffering from diari-luca . I do not consider that disease as a premonitory symptom of cholera , It certainly was not so at Tooting , as , out of fifty or sixty cases of diarrhoea , only about a dozen of the children were afterwards attacked by cholera .
Mr . II . Wethaix , the registrar of deaths for the parishes of Streatham and Tooting , produced his register of deaths from April , 1848 , to January , 1849 , and stated that there was no entry ot * any death from cholera during that period " in those parishes except in Mr . Drouet ' s establishment . Mr . It C . Graixgeu said—I am a member of the College of . Surgeons , and Lave been a member of the profession lor twenty-five years . I hold the office of superintendent medical inspector to the Board of Health . On the 5 th of January I went to the establishment of Mi-. Drouet , for the purpose of inspecting it . On that day my attention was particularly attracted to the cholera ward , and I also went into * the school-room . After I had done
this I had a conversation with Mr . Drouet , and gave him some recommendations respecting bis establishment . After seeing the state of the cholera patients , I told Mr . Drouet I thought there was not sufficient medical attendance , and that he ought to have three more medical attendants and a physician of eminence , I also recommended that more nurses should be employed . —Baron Platt : Those recommendations had reference to a period when the disease of cholera was raging in the establishment—Mr . Grainier : Certainly , my lord-Baron Platt said that under these circumstances he was of opinion the evidence was of no importance—Examination continued : On a subsequent occasion , the Gth of January , I made another examination of the establishment , and found there were too many beds in the sleeping rooms , and they were too near each other , —Baron Platt : It is
generally the case , if there are too many beds in a a room , that they are too close to each other , is it not ?—Witness : Certainly , my lord . —Examination resumed : If there Lid been more ventilation , I do not think there were too many beds in the room , but the want of ventilation made the overcrowding dangerous to the health of the boys . In my opinion , the cause of the mischief was the overcrowding of the chddren , and that this had occasioned the j ? 688 - ? - .. \ sawthe children at the Free Hospital who had been brought from Tooting , and I examined them b y direction of the Board of Health . Their general appearance was unhealthy ; a great many of them had a wasting of the limbs , andiome were suffering from what is commonl y known as pot-belly . Many were also suffering from itch and other disorders . Their pulses <** , %£ VS and there was evei ? indication of a feeble system of bpdy .-By the Lourt s I cannot say how many of the chddren had a feeble pulse ; whether it was forty , or twenty , or ten .-By Mr . Chambers : i n
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my opinion the appearance of the children denoted neglect , and that they were underfed . I did not take a measure of any of tho rooms , nor a note of the number of beds in the dormitories . Dr . Aivrnim Faur , themcdic . il professor of King ' s College , deposed , that by direction of the BoaroTof Health he examined the condition of the children at the hospital , and he gave a similar description of the appearance they exhibited to that of Dr . Grainger . Ho expressed an opinion that tho children presented a remarkable contrast to the , general appearance of workhouse children , and that there was a much larger proportion afflicted with itch than was usual in workhouses . He also stated that the children presented the appearance of having
subsisted upon too much fluid diet and too little solid food , and that in his opinion if the children had had a proper diet , both as to quantity and quality , they would not have presented the appearance which he observed . The skin disease he . attributed in a very great measure to the want of cleanliness . The condition of those children , no doubt , rendered them particularly stifccptiblo of receiving such a disorder as cholera , or typhus fever , or any other disorder of a similar character . —By Sir F . Thesiger : I did not see the children until the 20 th January , after they had been a fortnight at the Free Hospital . The disease of itch can in general be cured in five days . —By the Court : I think that with proper appliances all these children might have been
cured within a fortni ght . —By Sir F . Thesiger : The surgeons at the Free Hospital must have seen that the children were afflicted with the itch . The son of Mr . Wakley , the coroner , was one of the surgeons of the hospital . Mr . T . C . Jackson , resident surgeon at the Free Hospital , deposed , that he examined the children that were brought there on the Oth of January , and he corroborated the preceding testimony with regard to their condition . The children wove treated medically , and Mr . Wakley , who was surgeon to the hospital , had nothing to do with them . —Mr . Ballantinc : The children were not treated for the itch until tho confusion had a little subsided . They were quite paralysed at having so many children suddenly brought to their hospital in a state of
illness . —By Mr . Chambers : Eighty-seven children altogether wero attacked with cholera , and the means of the hospital did not enable them to treat them forthc itch at the same time . —By the Court : The van seemed a proper vehicle to convey the children from Tooting . It was closed all round . — Ml * . Chambers said , Siat Mr , James , the clerk to the guardians , could give the court information with regard to the actual character of the vehicle . —Baron Platt thought it was important , where there was evidence that exposure to cold might have predisposed the children to an attack of the disease which had proved fatal to the deceased . Mr . Jameswasaccordingly examined , and he stated that the van was completely covered in with tarpaulin , besides which rugs and cloaks were sent for the children to wrap themselves in .
Mr . Chambers then said that was the case for the prosecution . Sir F . Tiibsiger submitted that there was no case at all to go to tho jury . This was the very first time that an attempt had been made to establish a charge of manslaughter under such extraordinary circumstances , and it appeared to hiin that the evidence totally failed to support the indictment . It was alleged that , being the owner of an establishment for the reception of poor children , and having received the deceased child , and a number of others , under a certain contract , into his charge , it become the duty of the defendant to provide those children with proper food and necessaries , and that , having neglected that duty , the consequence was , that the deceased child became mortally
sick and distempered , and died . Now , he would admit , for tho sake of his argument , that it was the duty of the defendant , under the contract , to take care that James Andrews ( tho deceased ) was properly fed , clothed , and lodged ; and that if , by reason of his negligence or carelessness in those particulars , death ensued , he would have been subject to ii charge of manslaughter but here it was perfectly clear , from the evidence , that this poor boy's death did not arise from any direct act of negligence or unconcern on tho part of Mr . Drouet . but that he died in consequence of the cholera , and that the cholera alone was the cause of death , and that Mr . Drouet had done no act which in any way contributed to that event . He thought that he was
entitled to say there was an entire absence of evidence that even the predisposing cause of theattack was in any way to be attributed to Mr . Drouet , because it had been proved that before tho children were removed from Tooting , Mr , Whitfield , the medical officer , had selected those " whom he considered most healthy , and the most proper , on that account , to be taken away , and that the deceased was among them . The fatal attack occurred afterwards , and under those circumstances he thought he was fairly entitled to say that the actual cause of death was Asiatic cholera . How , then , was Mr . Drouet responsible for that visitation ? What had he done ? What omission was he guilty of which had immediately contributed to the death of the deceased ? He submitted that by tho law of England even if it were possible to show that a party was remotely and indirectly the cause of death , it was
not sufficient to support a charge of manslaughter , but that there must be ' proof that he was distinctly and immediately the cause of the death by some act committed by him . In Lord Hale ' s " Picas of the Crown , " vol , 1 , page 418 , some oases were stated which directly applied to the question now at issue . Lord Halo said that in a case where a party received a wound which was not in itself mortal , but which afterwards proved so by the neglect of the person who received it to take proper remedies , the act of the person who orig inally inflicted tho wound was under such circumstances neither murder nor manslaughter , and ho said the same in another case where a wound , not in itself mortal or dangerous , resulted in the loss of life by reason of tho use of poisonous salves and other ingredients . In order still more to illustrate the point of his argument , he would admit that Mr . Drouet had weakened the
constitution and strength of the deceased child by his treatment , still it was not by any means a necessary consequence that the cholera should arrive and attack the child he had so reduced , and on that ground Mr . Drouet could not bo held responsible for that which he could rot avert . Sir F . Thesiger then referred to a case mentioned by Mr . Allison in his " Report on the Law of Scotland , " in which a gamekeeper who had been shot and sli g htly injured by a poacher afterwards died of erysipelas , iu consequence of being placed in a bed where a person had died of that disorder , and said that in that case the Lords Justices , notwithstanding that the public prosecutor strongly urged that the gunshot wound was in fact and reality the roal cause of the dec-eased losing his life , decided that the prisoner was not answerable for the death under such circumstances .
The present case lie submitted , was exactly similar to those he had referred to , and he said that as the death had been occasioned by the cholera , and was not proved to have resulted ' from any act of Mr . Drouet , there was no evidence upon which the jury could be called upon to convict him . Mr . Baixaxtixe followed , and he urged that if the present indictment were allowed to prevail , it would bo a straining of the law of England which , in his opinion , would be most dangerous , and which he felt assured their lordships would never sanction . What was the charge against the defendant ? Why , it was said that by reason of something or other the defendant had done or omitted the deceased was made liable to receive a variety of
diseases—cholera , scarlet fever , typhus fever , scarlatina , & c . Kow , what would be the effect of allowing such an indictment as this to prevail ? Why , the effect would be that , according to tho law of manslaughter , if within a year and a day the deceased child had died of some other disorder , and some ingenious medical practitioner had fancied that he could discover that the death was occasioned by the treatment to which he had been subjected , the defendant might have been indicted for manslaughter . He might liken the treatment of Mr . Drouet and the attack of the cholera to two different assaults in the following manner .- —Suppose A was to strike B a violent blow , which might for a time make him very susceptible of injury , and while in this state C was to inflict another ' blow
upon B , which , added to the blow of A , inflicted some time before , caused death , was it to be said that A was guilty of manslaughter ? It was very similar here . Mr . Drouet might represent A , and the cholera C . It appeared to him that it could be just as well said in a case where a party had broken the leg of another who was run over by an omnibus six months afterwards , because , by reason of the accident , he was unable to run fast enough across the road to get out of the way , that he was guilty of manslaughter as in the present case . Mr . Chambers , in support of the indictment , contended that if he satisfied the jury that by any acts of omission or commission on tho part of the defendant he had reduced the child to such a state that
he was unable to resist the attack of any disease to which human nature was liable , that in that case he was amenable to the charge of manslaughter , because , but for such treatment , the constitution of the child would have been able to have resisted the disease . Reasoning by analogy , it appeared to him that the prisoner and a gaoler stood m exactly the same position , and what was the law as laid down with regard to the latter ? In the case of Marriott , also , tried before Mr . Justice Pattison , when the accusation was , that death had been occasioned by want of food and proper necessaries , the learned judge who tried the case fully admitted that view of the law . Baron Piatt . —What was alleged to be the Cause of death in that case ?
Mr . Chambers . —My Lord , I don ' t know exactly , but the principle appears to me exactly the same , as the death was the result of a neglect of duty . Baron Platt . — Did it not appear in that case that the death arose from water on the brain , clearly proved to be the result of starvation ? Mr . C hambers proceeded . -The law equall y applied to the cases of masters and apprentices and
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gaolers and prisoners . In a case where a gaoler had confined a prisoner in a low , damp , and unhealthy place , and thereb y produced a low habit of body winch resulted in his death , it was held to be murder in the gaoler who so acted . Agi-in , in a case where a prisoner who had not had tluTsmall pox , and who gave the gaoler notice to that effect , was , notwithstanding , locked up in the same cell with a prisoner who was suffering from that disease , and contracted it and died , there also the act was held to amount to murder . In these cases the death was remote from the original act , and , upon their authority , he submitted that tho present indictment had been fully sustained . Mv . Clmvksox also addressed the Court in support of the indictment .
SirF . liiEsiGEii , in repl y , contended that all the cases which had been cited by his learned friend tended to support the view of the case which he had originally ventured to submit to their lordships . In the first case , the water on the brain was the actual result of the State of starvation to which the deceased had been reduced ; the same was the case where the prisoner had been confined in a low , damp , and unhealth y dungeon . Tiie third oaso , regarding the confining the prisoner in the same room with another who was suffering from the small pox , still
was stronger , for that was just the same as though the gaoler had inoculated tho deceased with the fatal disease , and in every case there was a direct act tending to tho death . In the present case it appeared to lnm there was an entire absence of evidence to make out the charge of manslauehtcr , and he therefore earnestly called upon thoir " Lordships to discharge Mr . Drouet from the accusation , and to exercise the power which the law reposed in them by protecting him from being placed in any jeopardy by not allowing the case to go to the jury .
There was some manifestation of applause in the Court when Sir F . Thesiger concluded his reply . The Judges then consulted together for about ten minute , when Mr . Baron Platt said , that with regard to the question whether the prisoner was amenable to a charge of manslaughter by reason of his having by bad treatment reduced the constitutional energy of the child SO as to vender him unable to resist any disease with which he might be attacked , they should refrain from giving any opinion ; but it appeared to the Court that thore was another point which disposed of the case altogether . The indictment charged tho prisoner with having by his improper treatment so reduced the strength and constitution of the deceased child that he was unable to
resist the attack of which he afterwards died , but there had been no evidence whatever adduced to show that the deceased ever was in such a state of health as to have . rendered it probable that he would have recovered from the malady but for tho treatment of tho defendant . This , it appeared to the Court , was a most important omission , and ono which might easily have been supplied by the medical testimony ; and , in tho absence of such evidence , the jury would be called upon to make a leap in the dark . How were tho jury to say that the child would not equally have died of cholera , if it had not been at Tooting at all ? How were the jury to say that the treatment adopted by the defendant occasioned the death , when there was no evidence
to show them that , independent of that treatment , the child possessed sufficient constitutional energy to have resisted the disease ? Upon this ground they considered there was no case to go to the jury , and they should therefore direct them to acquit the defendant . The jury , on returning a verdict of " Ifot Guilty , " said they were unanimously of opinion that there was no evidence to support the charge . There was a burst of applause when the verdict was delivered , which was with difficulty repressed . A verdict of "Not Guilty" was then recorded upon all the other indictments and inquisitions , and tho defendant was ordered to be immediately discharged from custody .
Ojbt.'I.N-1-.- O Goons Nv False Pretence...
Ojbt . 'i . n-1-.- o Goons nv False Pretences . —G . Peacock , aged -10 , a corn dealer , was indicted for having , by means of a forged order , obtained a large quantity 6 f flour , the property of tho South Eastern Railway Company ; and W . Crawley , a respectablelooking man , who surrendered to take his trial , was indicted for assisting in the commission of tho offence . —Mr . Bodkin said , there was virtually 110 evidence against Crawley * aud , as ho should call him as a witness , he requested a verdict of acquittal should be taken in his case . A verdict of " Not Guilty" was accordingly returned . —John Fothcrgill , the superintendent of the goods station of the South Eastern Railway at the Bricklayers' Arms station , said , that in February last , they had a
quantity of flour from a Mr . Feltham , consigned to his agent , Mr . Empson , of London , and the usual practice was to deliver up the flour to any one producing the agent's order . A large quantity , amounting to nearly forty sacks , having been obtained early m February by means of forged orders , an inquiry was instituted , and it turned out that the flour had been fetched away by the carts belonging to Crawley , who had signed the removal-book at tiie station in the name ot Roberts , for whom lie had carted the flour . The prisoner at first said ho knew nothing of the mutter ; but subsequently said he had carted it for Peacock , a corn dealer , in St . George ' s-road , South wark . Crawley was thereupon given into custody , but admitted to bail by the maffisti ' . ito . In tiie menu time inquiries were made ,
and it turned out that the flour iuul been sold in the trade by Peacock , who gave invoices with it . He accounted for the possession of it by saying that he had bought it of some one in the trade . His account was so unsatisfactory , that the magistrate before whom he appeared ordered him into custod y , ard both the prisoners were sent for trial , Crawley being admitted to bail . —Evidence was then given that the orders were forged ; and there was strong opinion that they were in tho handwriting of l ' eacock . —Crawley was then called , and proved his entire innocence of tho transaction , having fetched the flour in his way of business as a carman for Peacock , who gave him the instructions , and p aid him but a low price for the job . —Mr . Ballantinc , for the prisoner , contended that it was most probable a respectable tradesman might have bought the orders , as he had stated . —The Common Sergeant , in summing up , said , that the evidence was not
strong enough to convict the prisoner of having forged" tho orders , but his sending for the flour under an assumed name , at an cany Uouv , telling different stories , and not being able to say where the sacks containing the flour { which should have been returned ) had gone to , was good evidence that lie knew the orders were forged when he uttered them . —The jury found him " Guilty , " but recommended him to mercy on account of his previous good character . —Tho Common Sergeant said , he did not see any grounds for the recommendation ; the prisoner was wealthy , and had no excuse for the offences . However , in consequence of that recommendation , the sentence would be comparatively light , which was , that he he imprisoned and kept to hard labour ei g hteen calendar months . —Crawley was then discharged , the Common Sergeant remarking that he ought never to have been sent for trial .
The Robbery OX BOARD THE JUSTITIA IIUIX—It . Loder , who pleaded guilty on the previous day to an indictment for having stolen the sum of £ 750 , the property of the Crown , was on Saturday brought up for sentence . The sentence had been postponed in order that some circumstances might be stated in mitigation of punishment , fto communication of the kind was made , and the prisoner , who was at one time governor of Horsham Gaol , and at the time of committing the oflbnee overseer of the Justitia Hulk , was , without comment , sentenced to seven years' transportation , Obtaimxo Money Undeh False Pretences . —E . Hardy , 17 , a clerk , and AV . Mansell , 20 , a carpenter , were indicted , Hardy for forging an order for the payment of £ 105 , with intent to defraud Abraham Wilday Robarts , and others , and Mansell for liar- j
bouriug him , well knowing him to have committed the said felony . It appeared from the evidence of Messrs . Strutfield and Pulley , stockbrokers , of Capel-court , Bartholomew-lane , that tho prisoner Hardy and his brother wore clerks in their employment . On the 23 rd of March , a blank cheque , with the figure ten , was given to Hardy ' s brother to get cashed at Messrs . Robarts , the bankers . This Hardy gave to his brother ( tho prisoner ) , who having added a five to the ten , filled it up for £ 105 , and having got it cashed at once absconded with the money . The facts of the case being established against the prisoners , they were both found " Guilty . " Evidence , however , having been given that they had previously borne good characters , the jury recommended them to mercy . —Sentence deferred .
Moxdat , April Ifl . Chauge of Foroerv against , a Solicitor . —J . Cults , who was stated to bo a solicitor , and "VV . Evans , his clerk , surrendered to take their trial upon an indictment charging them with feloniously forging and uttering a receipt for £ 50 , with intent to defraud Edmund Salmon . There were four other indictments against the prisoners of a similar character , to all of which they pleaded " Not Guilty , " Mr . M . Chambers , Mi * . Bodkin , and Mr . Robinson appeared for the prosecution . Serjeant Wilkins and Mr . Ballantinc defended Evans , and Sir F . Thesiger , Mr . Prendergast , and Mr . Chirkson defended Cults ! After hearing , the evidence , the iury . without
troubling the learned Judge to sum up , returned a verdict of " Not Guilty , " adding that the prisoners would leave the court with an unblemished character . JN o evidence was offered upon the other indictments , and verdicts of "ffot Guilty" having been recorded , the prisoners were ordered to be immediately discharged from custody . The Murder in BLACKFBUB ' s-BOAn . — William Bailey was indicted for the wilful murder of Henry Lamball , by stabbing him in the heart with a knife . Mr . W . Cooper defended tho prisoner The circumstances of tho case have been lately reported , and it will therefore be unnecessary to repeat thorn . — The jury found the prisoner " Guilty" of man-
Ojbt.'I.N-1-.- O Goons Nv False Pretence...
slaughter , and he was sentenced to bo transported for life . Ciiargk of C ' utiixo axd Woi * xih . vo . — John Davies , a soldier , aged 23 , was indicted for cutting and wounding Ellen , his wife , on the 12 th of March , at the parish of Woolwich , with intent , & c . It app eared from the evidence chat the prisoner who is m the Artillery , now stationed at Woolwich , is a man hig hly respected by the whole regiment , but that the woman wounded was of the most profligate character , aud had brought him . into much disgrace through her conduct . On tho day mimed in the indictment , he was in his room packing up some things , when she , who was very much in liquor , commenced abusing him , and called him the vilest
of names . The prisoner took no notice of her for some time , but at last struck her in the face . She still continued her abuse , when ho seized his bayonet , which lay on the table in its sheath , and drawing it made a thrust at her , wounding her in the back near tlio Joins , from tho effects of which sho was for some time in danger . The jury found tho prisoner " Guilty" of a common assault . —Capt . Frceth , of the regiment to which the prisoner belonged , gave him a very exemplary character , and said that the wife was the sole cause of the transaction , being a most abandoned and profligate
character . —Ihe Recorder asked if the prisoner , having only been convicted of a misdemeanour , would not be again received into the regiment ? — Captain Frceth said ho would . — The Recorder said if there was a discretionary power , this easo was a tit one for it to he exercised in . —His lordship , after referring to the nature of the -jvovocation the prisoner had received , sentenced him to one month's imprisonment in Kowgatc , stating that it was solely on those grounds that the sentence was so light , ' and that soldiers must learn not to draw the arms that were entrusted to them by their country to the danger of her Majesty ' s subjects .
Tuesday , April 17 . Aggiuvatf . d Assault by a Woman * . —Eliza Waghorne , 25 , alias Dark Sail , was indicted for feloniously cutting and wounding Charles Gibson , with intent to murder or to do him some grievous bodily harm . —Mr . Robinson examined tho witnesses for the prosecution , by the direction of the court . — From the evidence it appeared that the prisoner is a woman of bad character , and on tho morning of the 27 th of February , she and several other women of the same class of life as herself were drinking , and the prisoner was intoxicated . A quarrel soon afterwards took place between the prisoner and a woman named Langridge , the result of which was , that tho prioner rushed at the other woman with a knife , ami
the prosecutor , who was passing -. it tho timo , accidentally received a severe wound in tho throat . It was cvident . that the prisoner was actuated by no malicious feeling towards tho prosecutor , and that the injury , so far as he was concerned , was accidentally inflicted . The jury found the prisoner " Guilty of an aggravated assault , " and she was sentenced to be kept to hard labour for two years . Child Murder . —Eliza Mitchell , 21 , was indicted for the manslaughter of her illegitimate child , Hannah Marscy , by unlawfully exposing it to the cold and the inclemency of the weather . Tho prisoner was originally charged with murder , hut the grand jury ignored tho bill .-r-Mr . W . Cooper , who was instructed to defend the prisoner , said , that upon carefully considering tho effect of the evidence as
disclosed m the depositions , he lelt that ho could not hope to save the prisoner from conviction of the crime of manslaughter . She would , therefore , with his lordship ' s permission , retract her plea of "Act Guilty , " and would plead " Guilty " to the . indictment . — The prisoner then pleaded " Guilty . "—Mr . Cooper reminded the court , prior to sentence being passed , that two of the witnesses appeared by these depositions to have represented that the prisoner had acted previously in a kind manner to the child , and appeared fond of it . —The Recorder said he would give effect to this evidence , but it was a very serious offence , and tho prisoner appeared to have exhibited an entire absence of that feeling which should be naturally found in tho breast of a mother towards her offspring . He then sentenced her to he imprisoned and kept to hard labour tor two
years . Masslmjohteii . —Feter Leith , 21 , sailor , was indicted for the manslaughter of Solomon Abrahams , upon the hidi setts , and within tho jurisdiction of the Admiralty of England . Mr . Ciarksou prosecuted , and Mr . ¦ Ballautiiic and Mr . Parry defended the prisoner . It appeared that the prisoner was the chief mate of a vessel called the Indian , trading to New Zealand , and tho ocuurrenco which led to the present inquiry took place upon tho homeward voyage of that vessel from Auckland in October last . The deceased was a poor Jew boy , who it seemed had been sent out to Auckland by his friends in the expectation that he would bo enabled to get his livelihood at that place , but failing iu that expectation he was sent back to England in tho Indian , upon an
arrangement that he was to work his passage and receive the nominal pay of ono shilling per month . The boy was utterly ignorant of nautical employment , and lie was set to work iu the ship , to assist tho cook , and to look after tbe live stock , and he continued to do so for three weeks after the vessel sailed , mid during that period nothins ; particular occurred . After that time , however , it seemed that tho crew complained of tiie dirty habits of the boy , and turned him out of the forecastle , and from that time he slept iu the galley with the live stock ; and it appeared that in consequence of his dirty filthy conduct the prisoner had flogged him on se ' - veral occasions , and according to the evidence of tho witnesses for the prosecution , the floggings took place almost every day . There appeared no doubt from tho testimony of the witnesses for the prosecution , that a good deal of severity had been exercised
towards tho deceased ; but it also appeared that the prisoner had principally acted upon the representations and comnkuuts that were miulo to bun by the other members of tho crew ; and the witnesses for tho prosecution admitted that lie was a good seaman and behaved very well to every body else who was under his command . The deceased boy at length became exceedingly ill and delirious , and he died on the 5 ch of December ; and according to the medical testimony that was adduced , the treatment ho received , added to an ill state of body , had occasioned his death . —Mr . Ballantinc having addressed the jury for the prisoner , the Recorder summed up the case very carefully . The jury , after a short deliberation , returned a verdict of " Guilty , " but at tho same time strongly recommended the prisoner to mercy , on account of their belief that lie had no malicious intention , and that the melancholy occurrence was the result of indiscretion with resrard to
the amount of punishment . Die prisoner was sentenced to three months * confinement iu Westminster Bridewell , with a recommendation to the justices that he should not be put to hard labour , The Theft of Thkek Huxmu-o Pocxds . —Mary Watt , alias Jane Matthews , was indicted for stealing , in the dwelling-house of Mary Ann Griffiths , a parcel containing £ 300 in gold and silver , the property of Henry Seward and others . —Mr . Bodkin and Air . Huddlestone prosecuted ; and Mr . Ballantinc appeared for the prisoner . —The facts of this case appeared to be these ;— -The prisoner , who is a tall , dashing-looking woman , is an accomplice of the swell mob gang , and there is no doubt has been instrumental in and aiding the commission of many
extensive robberies . In tho present instance , a parcel , containing the money in question , had been made up and seni cm the 12 th of . March to tho Cross Keys Iun , St . John-street , to bo forwarded from there to the Luton ( Beds ) branch of the London and County Bank . The parcel in question was given to the landlady , Mrs . Griffiths , and placed by her in the parlour , at the back of the bar , to be given by her to the coachman of the Luton coach . " Shortly after it had been placed there , the prisoner , whom the prosecutrix had not seen before , came into the bar , and asked permission to be allowed to wait in the private parlour until the arrival of a friend , who was about accompanying her to Luton , alleging that she did not like to sit iu the coffee room where there
were gentlemen . She was accordingly permitted to do so . Shortly after she had been there , a man who had been in the habit of using the house occasionally for some short time previously , came in , and forced his way into the little parlour , where he got into conversation with the woman . He then called for a glass of sherry , which the landlady requested her niece to serve , not feeling quite confident of the character of the two customers whom she had in the parlour . The man , however , asking her for change , she was for a moment drawn from observing them ; but , on turning round to give the change , she saw by reflection in the g lass door of the parlour the man substitute a dummy parcel for the real one which he handed from the desk where
it lay to the prisoner . Mrs . Grifliths immediatelj entered the parlour and took up the dummy parcel , accusing them of the act , when the man forced by her and effected his escape . The prisoner thou rose from her seat , and with much nonchalance said , " what is the matter ; what is this about ; " and Getting near tho desk let the real parcel slip from cr dress near to the desk whore it had been taken from . She still persisted in her innocence , and said she was waiting for a lady with whom she was going to Luton . The coach , however , came but no ono that knew her , - and , the police being called in she was given in custody , and taken to the police court . When before the magistrate her name was asked , and she said "Mary . " "Mary what , " said the
magistrate , "Ay , A { ary Watt , if you like , " she said , and refused to giro any other name ; and it was subsequently discovered that she had lodged at a cofibe-shop hi Southwark , in the name ot Matthews . T . he mal risoner had not sinco been heard of . —The jury found her " Guilty . "—A police constable stated that the prisoner formed one of a g ang , and that she had visited a man now confined in the hosp ital with a broken leg , and who stands charged with robbing St . Pancras vestry of £ 150 . The prisoner asserted that she was innocent . —The Common Sergeant said there could be no question of her guilt , and as such planned robberies must be put a stop to , he should sentence her to ton years ' transportation . —The prisoner said—I am innocent
But Had I Committed As Many Munh.-:-I ;C...
but had I committed as many munh .-:-i ; c- Mr Drouet , IshouW have been acquitted . —Tin- « inmoa Sergeant said that for the satisfaction of i ! ..- jurv he might state that they were in posso - >• - -., ' ' ¦ : . ' " tho knowled ge that she was connected with ¦ : •;¦ ¦ ¦ . . who had stolen above £ -t 0 , WO by systematic u >¦ : . Assault at , * - ¦ . . —Kohevt O . [/ , - _ • v , \ ed guilty to an assault on ThomasLe « g , lib , ¦ .-.. . ¦¦ , on the high seas . TUednvyge against " tho pri- :. . •¦¦ was for a series of brutal coinluctto the lad w ! ,....- - ; ; the Ellen Mary , of which prisoner was the < : >•• ¦ .: ¦ ¦ ¦ -, , and the boy was also ou board -is seaman ; ai .. - from the evidence of a black sailor , it was ••!• • . % •••¦! -. hat the prisoner was a very brutal man wl .-. ; i . t sea , and extremely violent . —Mr . Bullock saU i . hiu > , }\ q depositions disclosed acts of cruelty iow . h the
boy that would scarcely allow a person l < - . b-:- to think of , and he should advise him not to t : ! . o tho boy out again , but put him to some oth-.-r f-. v-rer . Th e prisoner said he would . The couii ' ' ir-u sentenced him to pay to the Queen a fine oi £ : "' . ¦ , ..-r be imprisoned until it is paid . A Lkoai , Sqi * abbu :. —Cruelty to a Cmi t > — . ' ohn Ulld Eliza Copeiand , man and-wife , wciv uidiVted for cruelty towards their child , John Wi !!! : i * r > -- opeland . Mr . Bodkin and Mr . Clark prosw .-itil on behalf of the crown , and Air . Premiei-g . i-c . " . •^¦•¦ . dcd the prisoners . The prisoners in tin ' s e »* t - - « w- .-.-Jed aud acquitted on the first day of the session for the murder of tho child in question , but thv iviivnee not sustaining the graver charge , thev wi-iv im .- -
indicted fov the misdemeanour . The cvilli •• " £ "• > ' ¦' ¦ ' the prosecution disclosed tho grossest acts <>; - " -K'lty . Tho prisoner , who is a journeyman butcii' - ' .. - far back as ISiO lived with the female , his wi ., h-. the house of a person named Salter , in P-ila-v-row , New-road , and about that time the decr-v ! .. iiiid came from the country to live with th' -m : i : was then in a strong healthy state , but , it woul : a- ; .-.-ar , was disliked by the mother , but from vh . it r .- . use was not clearly explained , and upon the -: < ,-.. ¦>) . . ¦ of her having another child , her dislike to h - ¦ •• sued redoubled , and she would instig ate tho f :. - . i .. ! i-: illuse it , which !' . - ¦ did by beating it daily lVr i .. -irly tho whole period down to its death , which > . . :, ! red by burning on the 27 th of January . Upo : - sr .- :-ral occasions the poor little thing was heard si-vi'v-iiing
violently , and the male prisoner would b < - !»¦ . ; . ' 1 to beat it , and then throw it withgroat violou .- a ^ nnst the wainscot , and it would then be found .,: i • } ,. ¦ following day covered with bruises and the \ : U d -urthi" through tho skin , and it generally see .-iiei ! in a half-starv-d state , and would eat mo ' st vs : i-. i « -ii > ' . isl y whatever was given to it , whilst the otl . fr i'liild seemed healthy and well fed . On one or . y- . Aoi-. the female was seen to hold its head ill cold n ; , ; . and submerge it in the water several times , u » . '! it was almost suflbented . At last tho child , beh ; j ; ¦ ¦ .-, ¦ :. dying state , the mother took it to a dot-tor , ' "• ! : - ' ... und it to bo in ' an almost starve * state , and h via : last stage of consumption . He prescribed for : ; . V- * on the next day the accident occurred which c . ! : i >" .-. l its death , and the previous ill treatment itha-J : ••> .. : ¦ . od
, and the tin-eats that had been held out . ' l -jair . s ; its life , gave rise to tho supposition that it had ' - > ecn . wilfully set on fire , and the coroner ' s jury i ^ uu-ucd ; i verdict of " Wilful Murder . " —Air ! Fitii « l > : r ' , ast having addressed the jury for the prisoner ? , ho proceeded to call witnesses to show that the m-i-. oners had treated the deceased with humanity . up . ! ; -, ••!«• - ness , when the following extraordinary set-: ! . - ! o--fiirrcd . Tho learned gentleman asked one » . i x ¦!' ., ¦> , » female , whether she had ever seen tlw ( hi !;! illused?—Air . Clark said ho must object to a ..- •¦ : node of put ting the question . It wnsa ' lcadiiip . 'iii . ' idon . —Air . Prendcrgasli Siltll lie CGVttunly sliouiii . ii the question , and he would thank Air . Clark n . - . t < :. ,
intorrupt hun . —Mr . Clark said he should objet :. : tu < i he appealed to his lordship . —Air . Bulknk -a .:, he did not think the question coilld he pin in 'h . it shape . It was a leading question . —Air . i'iv :. < lergast : Then , pcrh » j > $ , you will tell mo , .-. t , . . w I can shape the question . I say I ask it pro ? ..-r ' v . — Air . Bullock ; Vou did not . You should a 4 . ' ,,. . hat way the prisoners treated the child . —Air . Vv < n lergast : Really I am absolutely astonish ..-- ' . After twenty-live years' experience " at the bar ¦ . < -i . - vnis tllilt 1 do llOt kllOW JlttW to put a question . L iMpo the court will consult some one before it i-.-v . si-- ia refusing the question . —Air . Bullock : I shall om -ult no one about it . Iwill not allow the quc * tio !> •<> hi- j . ufc . —Air . Prendergast ( to witness ) : Bid VOU t ^ t- ; - —• the
ch'id ill-used ?—Air . Bullock ( to witness ) : ! *•>• • vou shall not answer that question . Air . Pi ¦ .-.: :. ' ; i ' ist , you shall not ask such a question , and ;¦•¦! i : usfc not . I sit here to decide these things . —Ah l'iv ; -. . ! org .-ist : I am prevented from doing my d .- uy -.-. my (• Iteut . I novor heard of anything so moi .-.-aWi . — Air . Bullock : Sit down , Air . I'l-endcrv-. v .-. * . - Mr . Prendergast : I shall not , sir . —Air . Bull . ' , -, ; .: i hen stand . —Air . Prendergast - . I shall please lny-c ' u ' , Mr . Bullock . You do not Jet me dischar-jo m \ dut v to my clients ; and I will not be put down in ' ;' :,:-: Way by a person who Iain sure does not kii ; ..-.- . ore about these sort of things than I do lm -r , i . ii so much . —Air Bullock rose from hU scat ' , ,. n 4 v . Uh some warmth said : Air . Prendergast , 1 : ' . ¦>!; .. . sifc here to be insulted by you , and I will not : ' , ii . w you to make such disgraceful observations as ilj . j .- - . Vou ¦ ¦
have just made . You must treat this C . ¦ .. .. !¦ ' . . -. >• ' tft respect und decency , sir ; and whilst I am • •• : - . lug bench I will not submit to be told that : <;•• not know how to discharge my duty . I tell y ¦ : ¦ •! . - / . v , I will not permit it—Air . ' Proiidergast : J -ay . sir , that if yon preclude me from asking theqi . t-sjiwi in tho way I put it , I do not , candidly , knov- ' !; ,, -. , .-isc to ask it . Good Cod , surely I may ask th :- witness if she has ever seen the child ill-used , who ; , tiie ju-osccution is that it was cruelly treated . —Air . Wr , !! > ok ; Well , then , I'll ask the question . —The qtit-.-tion was then put and answered in the negative , — ,- v - . - -ral other witnesses . deposed that the - .. visouev-. ¦' ,,. ¦ female especially , had treated the child v .-ch ; . ; .- ' ectionate kindness . — The learned Com mi .,.- -oner shortly summed up , and the jury convicted th-..- p risoners of a common assault . ' The learned Com-Iiissioner then sentenced each of them to iinpi-ijoiiiiiont for six calendar months .
Burglary . —John and Caroline Eaton , nv . it and who , wore indicted for burglary in tho \ ak \ - -a : of John Purslow and stealing articles valued u X 25 . Air . Cooper prosecuted , and Air . Payne dei' -iu ' wl . — Whilst the ease which was of no importa- ' ...: was proceeding , the female was taken ill , and Mr Macinurdo , the surgeon , having been fetched , pron . > u -iced her to boin labour , and sho was inuueoiait : v removed to the infirmary of the gaol and put ; .. > ! .. ' . ! . — Air . Cooper under the circumstlineOS Yfitini .-i- > tho case as far us she was concerned . —The in . , -kind being convicted on that aud another similar i h . n-ge , was transported for ten years . FKLOXlOCS SllAllK TllASSACTIo : * . — ii . h . r'l- - ird , aged 2 S , a wine merchant , was indicted for l- ! oniously converting to his own use certain v . iliihle
securities , to wit , . 15 shares in a railway . > . . ; tho value of £ 11 ) 0 , the property of William W ; , ! :. . , ¦• . _ Air . Bodkin and Mr . Huddlestone piosecr . u . i ; and Air . Ballantinc defended the 2 > risoncr . Th ; . - : --n ed counsel haying stated the case to the jury cuil ' -d—William Walker , who said—I am a clerk , .-l-. d on the 2 ith of July , in consequence of an advei ¦ isi-men i that appeared in tho Times , stating that a ( v sk was wanted , I applied at o , Pancras-hine . Tho ; i' ! .-, onor Hyt-d there , aud had his name on tho .. .. > as » wine merchant : and at our first interview 1 ...- -, ited my salary would be only £ 70 yearly , am ! ' :-, "od I was not married , as the salary was low . i told him that I trusted it would lead to si •¦; : ¦ . •; hing bettor ; and after some further convorsatioi i , - torred him to Air . Buckland , tho secretary .. >/ lho
Brighton Railway , in the service of which < -. >¦ - . ;> any I had been . I called again , when lie said ' ;•• had received a very nice letter irom A / i \ f ) Ucl' ! .: < i " , and was quite sath-flcd . I then entered upon i ¦¦ cecu pation as a clerk , having previously deposiu-ii with the prisoner / iftoen shares in the Reading , I ' -i . - ate , and Guildford Railway Company , which ' v-ro at that time guaranteed by the South-Westei "; Company , .-iiid were worth £ i 00 in the share i ^ iket . I remained there about three weeks , during which time I never saw any signs of business or any stock of wines , excepting once a few glasses of champagne , and at the end of that time , upon going one morning to business , I found a van at the door , and tl \ e things about being removed in it . I then found that the prisoner had left . Finally receiving a letter
from the prisoner , I went to his lodgings ai . d also to his solicitor , where my shares had been deposited , and ultimately agreed , if £ 0 , due to me for wages , and the shares , were returned , I should not tnko any steps in the matter , but this not being done , and prisoner keeping out of the way , he was ultimatel y given in custody , an action having been previousl y brought , which was still pending , about the shares , Air . John Exlcy proved that the shares had been deposited with him by way of security upon what he had advanced , £ 50 , and ho was to sell them if not redeemed within three weeks . Tiie prisoner was in witness ' s debt £ 150 , having been an insolvent , and the whole of the goods p . nd things were witness ' s , having bought them , but let them remain there . —Josiah Atull stated that he had known the prisoner for some time , and had been his clerk ; ho had defrauded him out of £ 10 , for a security , part of
which he had paid back , but now , with wages , arid ono thing or another that he had bamboozled him out of , owed'him about £ 140 . The circulars about the wine trade were a ' complete blind , and , to use tho witness ' s own words , the whole affair was a clean and neat swindle , the prisoner having boon an insolvent for a long time . —Mr . Javman , clerk to Air . Humphreys , the solicitor , proved the proceedings of the prisoner ' s insolvency , by which it appeared that he hud entered business without ' a capita ) , that his debts woro then £ 1 , 510 , and not one penny assets , and that in March , 18-18 , he was adjudged to bo discharged from custody . Mr . Ballautine contended at some length that the case was not one of felony . —The Common . Sergeant having summed up , the jury found the prisoner " Guilty , " and he was sentenced to eighteen ment and hard labour ; and stored to Mr . Walker .
Wednesday , BuRounr . —William Jones , * John Duncan , 21 , soda-water * " ¦
Months' Imprisonthe Shaj'es' -Were^Rrer ...
months' imprisonthe shaj'es ' -were ^ rrer _ / < - ; . £ ¦ >[ UfN AraiL-lS . ^ 'V . f " " ' vf ' '" i 7 , ' . gifr' " 'mafcer , ViUi < t ; * maniifacturer ,. WM *> -j ? 7 v--- ' - ' '¦ - - " -- " * i ( * ' I ' - ¦ -1 ~ r ^^; . :: " . ; . ; . 'JJ ion months imprisonthe sha ^ cs . ' -were ^ e ; . * * * " - * \ ¦ ¦ \ ¦ Kj \ *•< - £ . ;>; ) ; , - •*; :. \ 1 'KILjfSUv ' v . . f •?¦* .: < ' 17 , ' . gifr 'mafcer , ViUi < t ; ' "' maniifacturer ,, We » -j ? • ~ r . V" < l'k . -V ) . > v ' - ' . I " ! .- i i * Ck : ¦ ¦ - ¦¦ . ¦ . . ¦))
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Citation
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Northern Star (1837-1852), April 21, 1849, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/ns2_21041849/page/7/
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