Current:

Northern Star (1837-1852), 20th September 1845, Edition 2 of 4, Page 3

Page 3
Page 3
3 of 8

On this page

  • Text (2)
  • Transcript

    • 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.

      Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.

      ¦ Si-Gggjgligg- . . The Northern Star. *...

      ¦ Si-gggJgLigg- . . THE NORTHERN STAR . *}

      ~ ~Zar 45d0yer Ttoekhotjse Aromlna-1 Tio...

      ~ ~ Zar 45 D 0 YER TTOEKHOTJSE AROMLNA-1 TIO-X 5 . -V f orrnMit ago we announced that a sort of official f iiirr had been instituted by the Poor Law Coni" iUohcre into the charges of peculation and immo' - fv preferred against the " master" of theAndover TO « jJhoii < "e The alleged facts first came to the ^ oSre of -Mr . T . C . Westlake , the medical nlni-er of the Union , who found that the extra diet and c * iai :: 'auts which , in the exerciseof his professional du-^ es hcliadoidcrcd forthesick in the workhouse , were cither altogether withheld , or very irregularly and iniVcqnaicl y supplied by the " master , " though thev were if" regularly charged in his accounts , and dulv vaiJ wr by the guardians . Mr . Westlake , - « wa * his duty , apprised the Board of Guardians of

      the discovery he had made ; andU / ew , after making come little inquiry , laid the matter before the So ~ nierset House " rulers . " who sent down one of { heir oint Assistants to hold a sort of public inquiry into the allegations . TJIien Dr . Westlake was apprised ilmi such was the course to lie pursued , and that Ac cijosld be expected to produce witnesses to support inc itements he had made , he naturally made inquiries amongst the workhouse inmates as to the extent the wiViholding of the extra food he had ordered had been practised : and the revelations that were then made to him , as to the manner of the " master ' s" conducting himself in the house towards the female residents , and as to his general conduct , induced the Doctor to make other charges of gross

      misconduct and drunkenness against the same man who was charged with pilfering the food of the sick . The latter charges were also ordered to be included in Mr . Assistant Commissioner Parker ' s inquiry , after some little fighting-shy on the part of the Somerset Rouse board . That inquiry has been partially proceeded with , for thirteen days . We use the termixirtiall y , to denote , firstly , that the inquiry is not yet concluded ; and , secondly , Hie maimer in which it was conducted —the presiding official having shamelessly exhibited the strongest partizanship _ with the inculpated " master , " and a determination to defeat , if possible , the ostensible object of the inquiry . Of this we shall afford abundant proof before we have done .

      At first , the inquiry was confined to the first charges—those of withholding the " extras" ordered by flic medical officer for the sick . On this head a vast mass of evidence was adduced , to show that the " master" had charged the guardians-, and been paid , for food and liquors which had never been supplied to the sick , although ordered by the medical officer . This evidence Mr . Presiding Assistant Commissioner Parker sought to render nugatory by the objection that the medical officer had not kept his books in proper form * , that he had not obeyed the orders of the Poor Law Commissioners in that respect ; and dierefore the evidence that he had ordercd ' thc " extras" was defective , and could not be received . To this it was answered that Dr . Westlake had kept his booltsinthesameformas his predecessor , but more accurately ; Hiat he had kept Hiem as the Board of

      Guardians had ordered 7 dm ; that it was no part of the medical officer ' s duty to set the Board of Guardians right , if they went wrong , as Assistant Commissioners were appointed and paid for that purpose . Still all would not do . The " Judge" (?) of this queer " Court of Inquiry" had found an informality which told in J avouro £ the accused embezzler ; and lie was constantly harping on it , every time the medical officer ' s orders for extras had to be proved ; iterating again and again that " the instructions of the Poor Law Commissioners to Union surgeons were jn print ; and Mr . "Westlake ought to have been acquainted with them . " This went , however , too far . One day , Mr . Prendergast , the counsel in support of the charges , retorted upon Mr . Assistant Commissioner Parker , and plainly told him that the neglect was his own , and that he was blameable for any informality that existed . He said : —

      If the Assistant-Commissioner does not see that the guardians do tlieir dnfy , and lave the tiooks laid before them , and properly inspected by them at their meetings , U does not do Ids duty , and is of no use . Vx . Parker . —I am the Assistant-Commissioner for the district , and I don't remember hating seen the books in my life . Mr . Pendergast , —I am sorry it turns out to he so , for then other parties are much more seriously to blame titan Mr . -Westlake , and vx shall hare serious charges to bring against oVicr persons . * Mr . Missing , the " master ' s" counsel . —That is said for display . It is no part of the Assistant-Commissioner ' s duty to do as you have stated . On this " display" the Times well remarks : —

      Mr . Assistant-Commissioner Parker having oracularly pronounced on the duty of the surgeon to be well acquainted with his instructions , winch were " in print , '* ' acniits that he himself does not remember having seen the books in his life . Ifow , it does happen that the Poor Law Commissioners have promulgated other instructions , in print , besides those to their medical officers . In 1841 they caused to be published "Instructions to Hie Assistant Poor Law Commissioners" from which we select the following extracts : — "Poor law Commission-oflBce . "Sie , —The number of unions under your superintendence will render it impossible for you to pay very frequent visits to each of them ; but the Commissioners think that you should not on any account omit to yisit the workhouse of each union once in six months , independently of your attendance at the meeting of the hoard of guardians . »

      " Ihe points to which your attention should be principally directed at such" visits are the following ;—"Having inspected the workhouse , and inquired into the condition of its inmates , your next duty is to examine Ik looks of the union . This examination is not so important in reference to the technical and arithmetical accuracy with which the books are kept ( and for which the clerk and the auditor must mainly he depended on ) , as in reference to the substance of the proceedings and tacts which they profess to record . " From the minutes of the board of guardians , the admission and discharge book , the application and report book , tie medical officer ' s books , and the relief lists , you will be able , in a great degree , to judge whether the rules of the Commissionersas to relief have been duly observed ; and you will not fail to bring under the notice of the guardians , and also of the Commissioners , in the absence of explanation , any deviations in this respect . "

      Thus , amongst "the pointsto which the attention of an Assistant ^ Commissioncr should be principally directed , " is a careful examination of " the books of the union . " And this examination is specially directed to include " Hiemcdicalojicer 's books . " Now , here we have Mr . Assistant-Commissioner Paukeb lecturing the medical officer on the duty of being acquainted with instructions which are in print , while he admits that he does not remember having ever scea " the looks" in his life , although their periodical inspection is laid down , in his printed instructions , as a point to which his " attention should be prin

      cq-allu directed . '" And this is a , New Poor Law functionary , eating the bread of the people , and specially delegated to inquire into certain allegations of embezzlement and fraud having been committed , under the operation of which , and a generally stinted dietary , it is alleged that human nature has sunk into something too loathsome and degraded to be contemplated in detail . The evidence having been gone through in relation to the pilfering the food from the sick , and to sending the property of the Union to his son-in-law ' s at Stockbridge , the " other charges" were gone into , and , among the rest , the following evidence was given on oatlt : —

      CHAEGES OF TMMOSAUTT . ilary Ann Banks examined by Mr . Prendergast . —I remembir some time before I left the union something particular happening on Christmas night , 1 S 41 . Eliza Bout was there at the time . I sent her up for some plates . I thought she was gone a long time , and went up to see for her . When I got up the stairs she mas asainst the bell , and Mr . M'Dougal , the master , was pulling her by the arms , and saying , "Come here ! come here ! ' He was pulling her towards the little sittingroom . He let her go when he saw me , and went into that room . Several of the servants in the kitchen have

      &» M . "Cvme here : come hereT in the presence of the Blaster . Betty Farmer in particular used < o call out those -words . Mr . M'Dougal has done and said somethh- S to as . He has squeezed my hand , and asked me to kiss him ; he has kissed me at the same-time . Be has asked me if I ] ovea llinu ( Laughter . } I told him , no . i hare slapped his facc many a time when he has attempted to kiss me , or has kissed me . Mrs . 3 f'Bougal nsedtogo to church sometimes on a Sunday evening . On those occasions I hare gone to turn down the beds and to get supper ready . Mr . M'Dougal has followed me round the beds , trying to catch hold of me . "When I have got away from him and gone down stairs , he has asked me to come up again . I said I wouldn't , and I did aot , until Was obliged to go up to attend to my work . He said I was a " naughty girl" for not going up to him . . £ aid " I am not . " He once tried to pull up my clothes Ul mistress's bedroom . I ran away down stairs . After *•* * went tO lire at ilrs . Hallv ' e Loose . I remember an

      wquest being . j , eM at stockbridge . I think it was on -ir . Holl y ' s man , who was hilled by a waggon . It was in ""' W -ApriL Or . M-Dougal came over there . -ur . Missing objected that the charges must be con-Jied to liberties taken \ cith the young vf omen and g irls m tfl « liOUSe" The witness at the time was not in the ° ^> bu t in service at Sto-Abridge . fte ' lrende , S ast urged that it was in confirmation of BonT ° rtof the , naster in tue house , the girl having tie « - Statkbridge by his direction , and he following up T |* n « conduct . It was part of thessme transaction . ,, f - ^ Sstant-Comnussioner ruled thai he could not take - j .., _ a ,, ;} jj ruling created a great sensation "ys fte auditory . Ct { ^' "ndergasi thought the evidence oug ht to he re-4 £ oj . 'as 1 ' roof of the accused foUowing u $ his evil in-Tl den-, " ^ - ^ ant -Coinnnssioiier tcould ml hear the

      eei-- ^ wiina fioii witness resumed by Mr . Premier ri n " , r « nemb « his trying to catch hold of me , and -e . *! - * ' toc" ^< ' ¦ , ^ teSs cn "Whit-Sunday , 1 ?« . It : ' - !' - ' " < 3 a - " - " 'ira - ' " 1-aU "P "' J clothes . Jle was : - '' ' i- ; asnil y , eosatni : ir . - , week da \ s and Sundays .

      ~ ~Zar 45d0yer Ttoekhotjse Aromlna-1 Tio...

      irhS T ^;^ '" —u vas between six and eight o ' clock hen I saw the master pulling EHza Kout about . There had been a party of gentlemen there . Mr . Hugh Mundy stayed to tea ; the resthad gone awav . 1 have frequently heard the servants joke the master about "Come here . " 1 had never allowed any person to take liberties with me . t told in the kitchen what 1 saw master doing to Wiza Rout . I w ; i s much shocked and annoyed by what the master did to me . It quite shocks mc now to tell his before so many . I suppose his pulling up jour clothes was the worst of it 1—Yes . Why did not tou tell your mistress '—Mistress once tried to make an end of herself when there was a row between her and master , and we did not like to hurt her feelings . By Mr . Prendergast . —Mistress attempted to hang herself once , about Whitsuntide . Mr . Missing objected , that no inquiry ought to be made into the " row . "

      J 5 y Mr . Prendergast . —I heard mistress threaten to hang herself . It was on a Sunday night the row took place . Did that row tufce place in consequence of——Mr . Missing again objected , and The Assistant-Commissioner too . Mr . Prendergast . —My friend attempts to show that this witness is not to lsc believed , because she did not tell the mistress of Ms behaviour to her , and she gives as her reason for not doing so that Mrs . M'Dougal had threatened to hang herself . If this threat was made because

      the house had been robbed , it would have nothing to do with this case ; but ifitaroseflrom something of a similar kind having taken blace to excite the jealousy of Mrs . M'Dougal , it lias to do with the ease . Mr . Parker ( to ihe witness ) . — "Where were you ? Witness . —Mistress came home from church and we were called up stairs , and Iheard mistress ask for a rope . Mr . Prendergast . —What was the subject of the row ? Mr . Parker . —How do you know ? Witness . —I was upstairs . I heard Llake say that there had been something wrong between master and Mrs . Grace , the cook , while mistress was at church .

      Mr . Parker . —Detwccn Mrs . Grace and the porter ? Witness . —>* o : between Mrs . Grace and Mr . M'Dougal . Elizabeth Grouch , aged IS , examined by Mr . Prcnder . gast . —I left the workhouse on the 14 th of April last . I was in it five years . 1 remember Mary Ann Hanks making a statement to me about Mr . M'Dougal , as to something that had passed between him and her . At one time I was Mrs . M'Dougal's serrant / IIe has taken liberties with me during my servive , which was in the last two years of my stay in the workhouse . He has kissed mc , and put his hands into my bosom . "When he kissed me be asked mc to kiss him . He lias done so a great many times . ' When he has treated me so I have not allowed him to do what he wished . I did not kiss liim . I told him I would tell the mistress of it . By Mr . Missing . —The master- was the only man that ever took such liberties with me . He did so in . the

      kitchen first , and then upstairs . I can't tell exactly how long ago he did so in the kitchen . He patted me on the back the first thing , and then asked mc to kiss him . I did not . That was aU he did that time . The nest attacks were made in different places . He put his hand into my bosom one day in mistress ' s passage upstairs . I can ' t tell the day . I was very much annoyed at this . I have told him not to do so , often . Why did notyou go and tenjour mistress howyou had been insulted and ill-used?—I was afraid , or I should have done it . What should you be afraid of?—Because it was my master , and I thought he ought to know better . It was frequently repeated after that . When you found he did not know better , why did you not complain to the mistress or to the board?—I have told von . I was afraid to do it .

      Maria Laishley , sworn and examined by Mr . Prendergast . —1 was seven years in the workhouse , off and on . I was nurse to the children after I had been in the workhouse nearly _ two years . While I was nurse , Mr . M'Dougal said something particalar to me . I was engaged in cleaning the work-room . Mr . M'Dougal was in the office adjoining the work-room , He palled niBj Olid I went to the door . He put his arm round my neck , and attempted to kiss me . lie wanted me to give up to him . I told him he was a married man , and ought to know himself better . I told him I was a married woman . If I had no husband with me , he had a wife with him and he ought not to want any other person . My husband had gone away from me . The master did not say any more to me at that time . Several times when I had been cleaning the office he has come to me and hindered me from doing my work . He patted me on the back , and laid hold of my hand . He tried to put his hand up my clothes , and wished me to give up to his wishes . That occurred

      several times ; I can t say exactly how many . After I was nurse to the children I went into the kitchen as cook . He has said and done similar things to me there many times . He wished me to give up to him . I told him I never would to him or any other man ; I would sooner suffer death . I had seen too much trouble before through a man , or I never should have been in the union . I had an illegitimate child after my husband left me . He said , " He knew the nature of young people , and that I could not lire so long without a nun ; he could not believe that I could . Of course , I must have my feelings as well as otbers . " While I was cook lie tried to take liberties with me , as he did before . I hare three children—two legitimate and one since my husband left me , which I had seven years ago . I am now living in service with Mr . Gale , a fanner , at Littleton . One of my children is in service . The others are kept by a person , and I pay lier for them out of my own pocket . 1 always refused the overtures of the master .

      Elizabeth Harris sworn and examined by Mr . Prendergast . —I was an inmate of the house last year , " - Mr . M'Dougal insulted me while I was cleaning the young men ' s room . He came and handled me , and pushed me back on the bedstead . I asked him what he was doing , and told him my partner would be up directly . He took hold of my hand and kissed me . He asked me who cleaned the room above ! I told him no one ; it was locked up . He said , "Never mind that , you go up there after you have done this , and pretend to clean it , and I will come to you at ten o ' clock . " I said the room was not occupied , and therefore it did not want cleaning . The master , after asking mc to meet him in the upper room , called to the servant to fetch the key , and he unlocked it , leaving the key in the door . I stopped in the room which I was cleaning . At ten o'clock I saw the master

      go up . I did not go up to him . He did not say any more to me after that on that day , but at th « beginning of the conversation he asked me if I was in the familyway . I said , "So , sir ; and I don't wish to get so . " He then said that h c wanted to have connexion with me , and that if 1 was so , it would be supposed that it was his child . Next morning , when I got to the same room to cl » an it , he was there . He said to me , "Well , Betsey , how was it you did not go to the room I told you yesterday ! *¦ I said , " Because I . didn't choose . " He then began kissing me again and pulling my clothes up . I pushed him away . He then said , "Well , Betsey , don ' t tell any one what I have been talking about to you . Keep your own counsel . " After that , when no one was present , ho would often take hold of my hand and hit me on the shoulder . I left the house the 1 st of May .

      Cross-examined by Mr . Missing . —How soon afterwards did you get into Winchester Hospital!—I never was there in my life—neither as an indoor or an outdoor patient . ( The witness admitted that she became affected with a certain disease about three months after she left the house . ) I had no home . I left this house because the master insulted me , and I was afraid that the mistress would hear of it . During the three months I lived anywhere I could . I was at Southampton , Portsmouth , Maidstone , and other places . I was not living by prostitution the whole of that time : only about six weeks or two months . When I left the house before April , I went to my mother-in-law ' s house . That was my only home then . I had none afterwards . ( The witness was coarsely Questioned as to her mode of life , and admitted that four or five vears ago she had been a prostitute . )

      I did not come here to swear that I was a virgin . ( Laughter . )—Nobody would have believed you . —I don't wish them . I tell you the plain truth . If lam what I am , that is no reason why Mr . M'Dougal should take liberties with me against my will . I was in tho house twelve years off and on , as many as ten or twelve different times I remember four years ago going away without leave with a union dress . I was afraid to tell mistress . It was not out of consideration for her . If I told her , perhaps she would say I was as bad as the master . 1 knew what a life she would lead me and all in the house . Re-examined by Mr .-Prendergast . —Mr . M'Dougal took "Eberties with me a great many times . I had not been in the workhouse twelve months before he began . It was when I used to go upstairs the first thing in the morning to light the lire in the sick-ward , and ho unlocked the

      door to let me in . He used to take liberties with me in the sick-ward closet . I did not go in , but he used to pull me in . What did lie do ! What he didn ' t ought to do . He wanted to have connexion with me . He took liherties with me in a way which he ought not . He put his hand upon me . Tell us what he did—what were the liberties ? The witness , after some hesitation , said , —You confounds me . Yon may guess what I mean . He wanted to have connexion with me , and I would not give up to him . He unbuttoned his smallclothes , and then he pulled up my clothes . I resisted him as well as I could . I -ot away . It has not been done in that way in other places and times . When I have been going up and down stairs with the bucket in my hand , lie has catehed

      hold of me when 1 could not help myself . ( The witness described how the master put his hands indecently upon her person . ) That has happened nine times . I had not the bucket always . I did not mention it to Mrs . M'DouffaL I did not like to do it . I ran away from the workhouse because I did not like the usage I got from Mr . M-Doiisal . It made me very uneasy m my mind . I don ' t complain of any o ther ill-usage . I was taken up on the charge of running away from the workhouse . I was taken before the justice . Mr . M'Dougal was there . I did not mention in his presence why I rait awav . He gave me :. good character to the justice , and asked me what 1 ran away for . I was imprisoned three days and three months and then sent back to the

      workhouse . Elizabeth Kout sworn , and examined by Mr . Prendergast—I am the wife of Isaac Rout . I live at Charlton . I was formerly married to a person named llutchins . He left n : e a widow about six years and a half ago . After being here some little time I was appointed cook . 1 was then for some little time in the laundry , and afterwards nurse in ihe sirii ward . Mr . M'Dougal made a proposal to vv .: rS ' .-v I had he * " i" the house a month , or rather

      ~ ~Zar 45d0yer Ttoekhotjse Aromlna-1 Tio...

      UlOie . ll « -abU-jd me a . jucstiou or two . I was then in the sK-K- wind whitewashing . He first asked me if I would have any objection to go in with him ? I told him to go oft " . He did . After that he asked me the same a second time . My children were almost starved , and I thought 1 would consider of it . lie said he would give me some victuals and beer if i would . I thought , if he asked me again , 1 would . He did ask me again , and I gave consent . It took place up in the sick-ward . He gave me some victuals and some beer . That took place mere thai once or twice , —several times , all the while I was ill the house . It was not on any particular night ; but sometime- on Saturday nights . I slept with him on Saturday nights for a little while . It was in the next room to mistress ' s room . He did not sleep with mistress on Saturday nights when ho came in at that period . I was in bed in the sick-ward the time he came up to me . — Tell us how he came to you ?—( The witness knocked her knuckles mi the table twice . ) Mr . Parker . —He tapped at the door twice ?—Yes .

      By Mr . 1 ' rwidergast . —He waited at the door until I came out . I went down the sick-ward stairs anil through the kitchen ivith him , and then up the stairs to the lefthand room . Mistress ' s room was on the right . This was when mistress would not let him be with she . I don ' t know why that was . I went ahout twice with liim into that l-coiii . It was once in the sick- ward . Altogether four or live times . It was not all done at one of my stays in the v . oi-kliouse , but at different times . By Mr . Musing . —Hutchius was my first husband . Brown was my maiden name . I was married to llutchins about twenty-eight years ago . Hived with him till we had eleven children . He was a deserter when lie married me . He was taken up a fortnight afterwards . He had his flogging , and was obliged to stay in his regiment five years . 1 went a little way with him , but was taken very ill , and cumpelied to come back . I was brought hack to Abbotts Aim parish , and given into Mr . Davis ' s hands . I did not live with my husband duringfiveyears . Ihadno Child , nor w-u . likely to have , during that time .

      Mr . Parker . —Did you say , not that you could recollect ?—x o . I said I was rot like to have them , Mr . l ' rciicl'jgast . —She did not go the way . Witness . —The way to do that is to como into this house . 1 had ten children l » y my husband , and one beside by some one else . I shan't tell you by whom . It was not by you . ( Laughter . ) I don't know how long it was ago that I was sold in Andover-market . There was no haltti- round my neck or round my waist . There was bo halter at all . I was sold by my husband . T . xe man whobinijrht me is dead and gone . — "Well , teU us who it was that made such an excellent bargain ?~ As good a bargain as you live with at the present time . ( Laughter and clai'iiir . ; - uf hands . ) His name was Edward Winter .

      He was a very nice man . ' ( A laugh . ) My husband came back soon , and took me . away from-him . He liked me better than t ' other did . I have been married to ltout since I left the house . There is ne ' er a one of my children alive but what belongs to my first husband . I was in the ward aWit -a month before I consented . I did not know what it wmtld come to , or I would have kept better account . The iirst time was in Mr . M'Dougal ' s bed ; not in the sick ward . Tho second time was in the sick ward , just going- in at the door , where I used to sleep . There Was no one iu the sick ward at the time , except some little children , a good many of whom are since dead . Another time was in the other sick ward , in the afternoon . I can't recolli ' i-t particular times . I speak the truth , and there sits the " gemmun , " and he can't deny it .

      CBASGES OF INTOXICATION . Mary Aim Uanks sworn , and examined by Mr . Prendergast . — I am in service at Andovcr . I was six years in this workhouse . I left three years ago come December . I remember being alarmed on one particular night in the summer time of 1841 . Is-was about ten minutes past twelve o ' clock on a Saturday night that I was alarmed by Jane F . m ma and fanny M'Dougal , two daughters of the master . They called me , Sarah Coudery , and Betty Farmer , to so up stairs to their mother , as their father had been beating her . We went up , I saw Mrs . M'Dougal silting in a chair just inside of the door . Blood was streaming all down her face and bosom . Mr . M'Dousal was there , sitting against the fireplace in a chair . Jle iv « s swearing very much . The co 6 k went to fetch water , Jane Emma M'Dougal told me that tlieir

      father and mother had been quarrelling . Mr . M'Dougal might liavs heard what she said , but there was a great bustle and noise . Betty Farmer fetched water , and we washed the VIood from mistress's face and head . Master swore at us lor doing so— "D . and hi youreyes , you ' re as bad as she is , " His head was cuttoo . He was not sober . He said he would shoot us . He got up and fell down in the room . Miss Jane said , "Run and get the gun . " When he fell down he appeared as if he was going out of the room in the direction of the passage , at the end « i which a gun was kept . I went and took the gun , and a ? kcd Miss Jane where I should put it , She said she did not know . I went and laid it under my bed , iu the little boys' bedroom . When the master fell down he lay where he was . He was bleeding from the head . The blood stained the carpet aud went through to the floor . He kept swearing . He was in an awful state .

      I never saw any one look so dreadful in my life . He kept on swearing . He said "Bloody ? ' something to his wife . She came out of the room , having got her dress , and said , pointing to her besom , "Yes , here I am , bloody Mary ; the old name , " When I left the room , be was still in it , lying on the floor , Mrs , M'Dougal came out and locked the door , leaving liim in the room . She slept withheveliildren that night . It was about twenty minutes past two o ' clock on Sunday morning before I got to bed . I hare noc seen the master in such a dreadful state of intoxication at any other time . He has not always been sober when I have seen him at other times . I have seen him under the influence of drink many times , move than a dozen 1 think ; but I never kept account .. I knew he was intoxicated by his way of talking , and his staggering about . 1 have kdown him at prayer-time to read some of the prayers over twice— -the Lord ' s Trayer and another . He went over them once , and then again directly .

      William Smart examined by Mr . Prendergast . —I was betwixt twelve months and two years in the workhouse , and left on the 18 th of June , 1839 . While I was here I have seen Mr . M'Dougal come home on a Saturday night , and sometimes he was intoxicated . He was mostly intoxicated on Saturday nights . I saw him so many times . I have sat up its him with Thomas Blake , the porter . On Saturday -. lights he came home at ten , or half-past ten , or at nine , or there away , and at different times , as near as I can say . Sometimes he required help . Thomas Blake lias helped him in the haU , but 1 can't say who helped him up stairs ; nor say whether he got up without help . Sometimes he was more intoxicated than at others , I remeniber he came home one night with scratches on his nose . It was in the winter-time , when the evenings were longer . It was while I was in the pantry , the winter before 1 left the house to go to Abbott ' s Inn . He was drunk , 11 e told the porter the next morning that he had made a false step in getting over the stile , and fell down

      and scrak-iscd his nose . The stile was Just over here ; it is now taken up . It was betwixt ten and half-past ten o ' clock . Thomas Blake helped him in the hall . I remained in the hall . Blake went somewhere , but I can ' t tell where . Ifc did not tell us that night how he had hurt himself . He was speechless . I did not ask him how he got hurt . 1 wished him " Good night , " and he could not answer me . He had sticking-plaster on his nose the next day . I can't say where ho slept on Saturday nights , nor whether he slept with Mrs . M'Dougal or not . I did not so out of the hall . Whilst the porter was out I always st ayed in . I remember Mrs . M'Dougal going to fetch him sometimes on a Saturday evening , and sometimes she brought him home . The son went after him occasionally . I don't know of any one elst . I have been for him . f have notfound him . I went part of the way and returned again , Mrs . M'Dougal sent me to look for him . I can ' t say whether it continued up to the time I left , because I was ill ten weeks with a scalded leg . But it continued up to she time I was ill .

      Cross-examined by Mr . Curtis . —Saturday is marketday . It is not unusual for tradesmen and farmers to spend tlieir evenings together on that day , Many of the guardians may be farmers ; I can ' t say . Mr . Freiideigast . —If you will only prove the publichouse I shall be obliged to you . ( Laughter . ) Mr . Curtis . —You say , using a word put into your mouth , that he was drunk , what do you mean by drunk ? Witnos . —Intoxicated . Mr . IWUer What do you mean by Intoxicated ! Mr . l ' rciulei gast . —Drunk . ( Laughter . ) Mr . Farker . —We have had a definition of drunkenness as being : bctween drunk and tipsy . Mr . Curtis .- —! heard a gentleman of the bar say , that a man was not drunk as long as he could lie still without holding . Mr . fi-emler'ast . —I believe that is the opinion in Russia . ( Laughter . ) I have heard of as " Drunk as David ' s sow . "' ( Laughter . )

      By Mr . i urtis . —1 hava seen the master brought home drunk tn ire , Mr . I ' rendeTgast . —Brought home ! Witness . —Yes . Anthoiiy Antony , sworn and examined by Mr . Prendergast . —1 was porter in this house about four years and a half . 1 L-ft about twelve weeks ago . Dnrinj ,- the lime you were porter was Mr . M'Dougal in the habit of coming home sober on Saturday nights ? Witness . —N ' ot at all times . He went out every Saturday night . He came home at all hours , halt-past eight , nine , ten , eleven , sometimes twelve o ' clock . I have known jhiin tome home at two o ' clock on Sunday mornings , just a t ' l etf I got to bed . I and others have been sent for liim . This happened on most Saturdays . I have gone for him sometimes at ten or half-past ten . I did not know exactly which house to go to . I have inquired for him as I wont along ; at the Eight Bells , the New Inn , the Globe , and the George . I have never seen him at the

      George . 1 have inquired for him at the Masons' Arms also , 1 have found him there , at the Eight Bells , and at the Globe . I have sent in for him , and have had to wait two or tlm-a hours before he would come away . He was tipsy when he did come . Mistress went with me sometimes . I have sometimes returned without liim , because lie would not come just then . I can't tell why . Then mistress ami I have gone down after him . Mistress has gone in fur him and brought him out . She used to talk to him . She would talk of kicking him along the lane sometimes . ( Laughter . ) He was then just able to walk along without help , I knew he was intoxicated , because lie could noi talk . Master never could talk when he was tipsy . He could not walk quite straight . He walked staggery , iVoin one side to the other . When he got to the house I have lurked the duoi- and given him the key . 1 don't kti- 'W thai he was able to walk up stairs by himself . I could not see him , bc-cause he locked the door behind him . ]!• - ' walked up the steps outside by taking hold ot

      ~ ~Zar 45d0yer Ttoekhotjse Aromlna-1 Tio...

      the rail . Mistress was before , ho followed , and I was behind fastening the gate . I can't say how often I have seen him come home in this way . It was most Saturday nights . Sometimes he was rather worse than at others . I have known him fetched from the public-house as late as twelve , half-past twelve , aud one o ' clock . Mrs . Mary Ann Tasker , sworn and examined by Mr . Prendergast . —I carry on the business of a blacksmith in Andover , which my late husband carried on . I Know Mr . MMougal . Iu January , 1841 , he called upon me to pay mc a bill due from the guardians of the union . He came Into my sitting-room . It was about S o ' clock in the evening . He paid me three half-crowns . There was some ale on the table . He took up the cup and kept drinking until he had finished it . He then rattled the cup on the table and said , " Come , Missus , fill the cup

      again . I had not asked him to drink at all . I told him he had had too much already , lie then went to sleep a little . When he woke up he looked into the cup and said , " Missus , fill it up again . " ( Laughter , ) I brought him no beer , I wished him to go home . He said he should stay all night . He brought the chair close over to mine and pressed my foot privately with his , saying to my daughter , " Why , Miss , you ought to be in bed . " I went to call a young man , my servant , to come and sit in the room till Mr . M'Dougal should leave the house . He did so . Mr . M'Dougal remained for an h » ui ' or more . Sometimes lie sang a little . The song was , " The helmet on the brow . " ( A laugh . ) I am quite sure that he was drunk . I bagged of Uim to go more than once , twice , or thrice . But he still stayed after that . He looked as if he would pierce any one through when he spoke to my daughter . We were quite alarmed .

      Joseph Bevan , in the employment of the last witness , sworn and examined . —I remember Mr . M'Dougal being at mistress ' s house . She called me into the room and told me not to leave it while he was there . He threw his teet up on the grate , and told mistress to fetch him some beer . She said she would not , because lie had had too much already . He attempted to sing , but he was too tipsy to get on . He sang a few words of " With a helmet on his brow . " After a considerable time he went away . Mistress repeatedly told him to leave , but he would not . He went out the back way . I wanted him to go out the right way . He said that was the way lie came in . I said he was wrong . He could not get in at the back way , the shop being fast . He could not get out at back , the garden being walled-in . At last he went out at the front door . I did not notice how he walked out , because I shut

      the door directly . Mistress was glad to get rid of him . His conduct was that of a drunlsen man—very much indeed . He w'as very tipsy . Quite drunk , Mr . 0 , King , sworn and examined by Mr . Prendergast . —I am a master butcher iu Andover . I know Mr . M'Dougal . I have seen him tipsy in the streets of Andover several times . I have seen him betwixt two and three o ' clock on a Monday afternoon at the George har . I liave seen liim drunk at the Globe a great many times , at different hours—six , seven , and eight o ' clock . It was generally on a Saturday . I have seen him drunk at the Masons' Arms . The first time I saw Mr . M'Dougal fipsy , and asleep in the George bar , was about three years ago . Some of these ti mes I speak of were within the last six months , I have seen him drunk about two months aj ; o . I have seen Mm go out of the Eight Bells very tipsy .

      Cross-examined . —This quite shocked you ?—Oh , no , not at all . ( Laughter . )—You have never been drunk , have you 1—A great many times . ( Renewed laughter . ) —Then you don't thinfc it a very heinous offence to get drunk •—I think it is quite as well to keep sober ; particularly for a man placed in Mr . M'Dougal ' s situation . I think it is worse for him to get drunk than I . I have very little to do . —Then you fill up the intervals by drinking-bouts?— Sometimes . I don't like to bo idle , sir . ( Laughter . ) I was sober when I saw him drunk . —Then it was not ipse he , but tipsy he ? Mr . Prendergast . —The Latin is tipsy . ( A laugh , ) William Robinson , sworn and examined by Mr . Prendergast . — I am beadle and constable of the borough of Andover . I know Mr . M'Dougal . I have seen him frequently m ihe streets of Andover on Saturdays . I have " times and often" seen him intoxicated , and paiticulaily on a Saturday . He was reeling abiUt . I have seen him come out of the Globe so in the evening , and go towards the union-house . I have seen him as late as eleven

      o clock , and at nearly one o ' clock in the morning , I cannot tell how many times ; forty would not be too many to say , I saw him bo not above six weeks back . As lie passed some persons remarked , "lie ' s got enough of it again . " ( A laugh ) It was in the year 1843 that I saw him drunk in Andover at one o ' clock in the morn ' uif . I had been watching Mr . Loscombe's turnips , I left the turnip-field after twelve o ' clock . I was in the lane near the workhouse . I heard some one coming . I lay down by the gate , as I thought it might be some one after Mr . Loscombe ' s turnips . I saw it was Mr . M'Dougal . He came up to the gate . He was drunk . It was several minutes before v he got in at the gate . He was staggering at the gate . ( The witness acted the manner . ) He was all of a boggle . ( Laughter . )

      Mr . William Clark , farmer , sworn and examined by Mr . Prendergast . —I live at Cholderton . I attend the Andover market sometimes on Saturdays . I have seen Mr . M'Dougal drunk iu the streets on those occasions a great many times . I have seen him so within the last six months . I have also seen him in public-houses , in a state of intoxication . I have seen hiin intoxicated more particularly in Mr . lung ' s house , the Eight Bells , four or five times within the last six months . On one occasion I saw him asleep , a person put a piece of lighted paper to his nose . ( A laugh . ) He roused up for a moment , rubbed his nose , and went off to sleep again , That was on the 28 th of last December . It was generally towards evening when I saw him in this state , from about three or four to seven or eight o ' clock , when I generally left the town . I did not stay after eight o ' clock .

      Cross-examined . — Cholderton is five miles from Andover . My businsss has generally brought me here on Saturdays . I have not seen him drunk more than four or five times within the last six months . The person who put the lighted paper to his nose was Mr . Isaac I'otliecary , of Clatford . ( AGuardixn !) Mr . John King examined . —I am landlord of the Eight HbUs Inn . I have seen Mr . M'Dougal at my house frequently on Saturday evenings the worse for drinking , I have seen the porter of the workhouse come for him , generally from nine to ten o ' clock , He has been told the porter has come for him every time . He did not go when

      so told . Sometimes the porter has waited for him . His son also has been for him . I have seen Mrs . M'Dougal come after him . He has left my house intoxicated at various times , sometimes as late as eleven o ' clock . It would be impossible for me to say how many times . It has happened more than once or twice , and as many or more than four or five times during the last six months . I didn't say he was incapable of going home . By his manner of going home , he showed that he was intoxicated . The conversation betiveen Mr . and Mrs . M'Dougal was similar to what takes place between man and wife when one is in fault . She said he ought to be ashamed of himself , and should come home .

      Sarah Cowdery examined . —! have been an inmate of the Andover Union workhouse . I have left it about four years . I am now in service at Andover . I lived with Mrs . M'Dougal as servant for some time , and saw Mr . M'Dougal come home very tipsy on Saturday evenings . He was all of a stagger upstairs ; sometimes mistress would help him , sometimes not . He came home at all hours—nine , ten , and eleven o ' clock . I remember on one particular night we were alarmed about twenty minutes past twelve o ' clock . Mary Ann Banks , Betty Farmer , and me , were all called up by Jane Emma M'Dougal . When I went up into the room I found Mrs . M'Dougal with the blood running down her face . Mr ,

      M'Dougal also was bleeding - , lie had been struck with a tin can , which was all over blood . He was swearing . He swore at all of us . When I went up he was sitting in a chair . He got up , and said he would go and get the gun and shoot us . He went about two steps and feU down . Mary Ann Banks ran and got the gun , and hid it under one of the beds . When he fell down , there he lay swearing all the time . We left him in the room . Mrs . M'Dougal went to bed with the children . We went to bed . It was twenty minutes past two o ' clock when we went to bed . We noticed tho time particularly by Mr . M'Dougal ' s clock , when we went down stairs to bed . I have seen him intoxicated at pension times , and Saturday nights often .

      MANKER OF CONDUCTIKG THE INQUIRY . We have before alluded to tho proofs of partiality evinced by the Presiding Assistant-Commissioner , and given one remarkable instance of it , which was made to recoil upon himself ; that , where he so often complained that the medical officer's books were informal— for which informality he { the Assistant-Commissioner ) was answerable . We shall now give one or two other specimens , - leaving thentto tell their own tale on the public mind , both as the particular partisanship of Mr . Parker , and of tho system which elevates those who are criminated by these revelations into the position of " Judges . " During the examination of one of the witnesses on the " charges of immorality" the following occurred-. — Mr . Missing and the Assistant . Commissioner objected that a question should not be put , " Were you engaged in cleanin & the work-room ? "' It was leading the witness .

      Mr . Prendergast . —It might as we )' , be objected that if I were to ask a person if she was going from Andover to Southampton when she was indecently assaulted , that that would be a leading question . I never heard of such an objection in my life . Mr . Missing . —Then I will teach you what is evidence . Mr . Prendergast . — I am much obliged to you . ( Laughter . ) Mr . Parker . —J think U is an improper question . Mr . Prendergast . —I am satisfied tuat is voim opinion ; and lam equally satisfied that it is a proper question to put anywhere and in any place . But now I must not press it . ( To the witness . )—Where were you ' . Witness . —In the work-room . Mr . Missing . —Of course she lias got it now . It is an old trick . Mr . Prendergast . —Is yours a new trick , then ? ( Laughter . )

      Mr . Missing . —It is an old trick to put a question for a purpose , and when you have got it to give up u question for a show . Mr . Prendergast . —Why , you are not satisfied now . You are like the celebrated soldier who was flogged . ( Laughter . ) During the proceedings , one dav Mr . Lamb ( clerk to the union ) entered the hnll and called out Mr . Parker , who asked Mr . Prenicvgast to

      ~ ~Zar 45d0yer Ttoekhotjse Aromlna-1 Tio...

      accompany them . They proceeded to the board-room , where the guardians were assembled , at their weekly meeting . During their absence , Mr . Etwall , M . P ., entered the hall , and said he and other ratepayers w'cro about to make an application to the board of guardians to suspend the master until the conclusion of the inquiry , on the ground of the statements made by the witnesses , and particularly those made thatmorning . Mr , Missing observed that he did not know he had anything to do with it . It was a case for the guardians . Shortly afterwards , Mr . Etwall returned and said that the guardians had refused the application . They would not agree to any such thing until they knew whether the master was innocent or guilty . The attorney for the defendant thought it was a pity that the application should be made behind the master ' s back .

      Mr . Etwall . —I am not going into any argument upon the subject . The attorney thought Mr . lPcstlatc ought to be suspended . Mr . Prendergast . —Suspend the prosecutor ! that would bo quite consistent with the whole proceedings . To complete them you should suspend the witnesses by the neck . ( Laughter . ) Take another instance - . — Mr . II . Mundy , a magistrate and a guardian , addressed the commissioner , and said , that being a guardian , ho wished to explain the circumstance of his stopping to tea upon the occasion alluded to by one of the witnesses . Mr . Parker thought it was quite unnecessary . Mr . Mundy—I might have stayed to tea ; but I should not like it to be understood that I took tea at tho expense of the union . Mr . Prendergast—Mr . Mundy has a great suspicion that all the tea drunk there was union tea . ( Laughter . ) Mr . Mundy—I can only say I spent as pleasant a . day as ever I did in my life . ( Laughter , )

      Mr . Parker—If youinterrupt the business , Mr . Mundy , you must walk into the yard . ( Sensation . ) Mr , Mundy—When you . order me to go out , sir , 1 will go . Mr . Missing—He did not take tea only . Mr . Prendergast—It was a subscription feast , I believe , Mr . Mundy—Yes , it was . There was no business at this momentbefore the court , a messenger having been dispatched for the next witness . The manner of the Assistant Commissioner towards Mr . Mundy formed a striking contrast to his never interfering with Mr . II . Iioscombc , tt-7 to is -not a . guardian , hut who really interrupted the proceedings several times . But Mr . Mundy is the man that brought the lone-gnawing affair before the public .

      Here is another instance . Ifc occurred while Ann Knight was being cross-examined , after she had deposed to improper conduct on the part of tho " master" towards her . In answer to questions by Mr . Missing she stated : — One time when he tried to kiss me in the sick ward there was only an old woman there , aud she was out and about . I can't recollect when that was . Was it in the summer or the winter !—In the summer —at least in the spring . Oh ! in the spring was it ? Then it was not in tho summer . Mr . Prendergast objected that the observation was unfair to the witness . The two great divisions of tho year were put to the witness , and she said summer . After that she said spring , making the time more precise , Mr . Parker said it was quite regclar , and that was his decision . Mr . Prendergast . —What is your decision , sir" !—that an observation is a qticstion ?

      Mr . Parker . —That it was right to ask whether it was winter or summer . Mr . Prendergast . —I should not object to Wiot ; but 1 object that when the witness has fairly answered tho question she should be charged with making a false answer Mr Missing . —I said no such thing . You are objecting to air-bubbles , and nothing else . air . Prendergast , —i think I am , ( Laughter , ) Still another instance . A witness is under crossexamination , after having deposed to what the Poor Law Commissioners ca " an assault with an improper intention . " She states , in answer to the question : —

      You did not like this behaviour of Mr . M'Dougal ?—No , of course I did not . I thought he was put here to take care of us , and not to take liberties with us . I did not tell Mrs . M'Dougal , because there would have been a disturbance , and perhaps I should have got murdered . There was such a row about master being great with Mrs . Grace that I did not like—I was afraid . I did not complain to the guardians , because they would not listen to my story against his . He ought not to have taken liberties . He ought to be ashamed of himself . If he had not done so I should not have been brought forward in this manner , which I don't wish . Ife is grinning at me now . Mr . Parker—Who is grinning at you ? Witness—Mr , M'Dougal . Mr . Prendergast said , he had been informed that the master had conducted himself improperly towards the witnesses throughout ; although he had not taken particular notice of it himself .

      Mr . Parker said lie had observed Mr , iPDougal ' s countenance constantly , and it was as staid and quiet as that of any other person , Mr . Prendergast—Every witness who has been examined has more or less complained of his conduct , and many persons have informed me that Ids conduct was such as to terrify and alarm the witnesses . I do not speak of what I have seen . Mr . Missing—Good God ! I think you ought to bring those persons forward . ' Mr . Prendergast—I can bring them forward ; they are not far off , The witnest is on her oath ; xov abe not , NOB IS THE . COMJIISSIONEIi .. Mr . Parker— What do you mean to say ? Mr . Prendergast—That the accused conducts himself in such a manner as to intimidate the witnesses . Mr . Missing—I deny it . My word is as tuorthy to be believed as her oath . Mr . Prendergast—This irregularity is not mine .

      Mr . Missing—It is your witness ' s irregularity . If she makes false assertions , I shall not stand here without correcting them . Mr . Parker—It is one of the inconveniences of this Inquiry that the persons who have to judge of it only see the evidence in writing . If a jury had heard tht statement just made b » the witness , THEY WOULD KNOW HOW TO TBEAT HER TESTIMONY . ( Great sensation . ) Mr . Prendergast—That was just my remark , I wish this matter was before a jury . Mr . Missing—So do I—an independent jury , Mr . Prendergast—Of course . I do not know of any other , ( Laughter . )

      ( The woman whom the Assistant-Commissioner refused io hear examined because she was not a " young person , " has complained that while she was being sworn the master winked at her , ) Mr . Missing ( to the witness)—Why did you complain ? Mr , Prendergast—I do now say , sir , that Mr . M'Dougal is looking at the witness in a style , and in such a way , as to terrify and alarm her . 1 saw it myself this time . ( Cries of " Jlear , hear , " from some of the auditory . ) Mr . Parker—Iliad my eyes upon Mr . M'Dougal ; I did NOT SEE ANYTHING OF THE SOKT . Mr . Prendergast—I dajie say not . But what I saw that very moment I never witnessed before ; I have been told of it , however , frequently . Mr . Etwall—I witnessed it . Am I justified in stating it ? Mr . Parker—I don't think you are . Mr , Prendergast—You were one who mentioned it to me ? Mr . Etwall— I was .

      Still another instance . It occurred when Mrs . Mary Ann Tasker was being cross-examined , after having sworn to the " HKvsteY ' s" drunken visit to her house , and the alarm which that visit caused her . In answer to the defendant's attorney , she stated : — I have not been in that state of alarm ever since . It did not go oft' immediately , for I said I should never like to see that man again in the house . Then it did not go off % —It did so far as that . Then it did go off?—Xo , it did not altogether . Then , which was it ? which way will you have it ?—That is not a fair question . Mr . Prendergast . —No , it is an impertinent one . Mr . Curtis . —When Mr . Prendergast is asked his opinion upon a question , he may give it ; when not , I think it is impertinence . Mr , Prendergast . — I take that whence it comes . Go on .

      Witness . —I told him that night and the next morning , when-he came to apologise , that I never wished to see his face again in my house . Mr , Prendergast repeated part of the witness ' s answer , to have it taken down . Mrl Parker said that Mr . Prendergast was constantly interrupting him , and that he acted very irregularly . Mr , Prendergast . —I have had the honour to appear before many learned judges , but I never found among them such a schoolmaster as my teamed Assistant-commissioner , ( Laughter . ) Mr , Parker . —I have seen judges stop you when examining witnesses . I believe it is notorious that your mode of examination is to keep up a running commentary on the evidence , /( does you mwh injury , and has done all your life .

      Mv . Prendergast . —I am exceedingly obliged to you , Sir . I have had the opinion of several eminent judges upon my professional conduct , but I have not paid much attention to them , they have been so flattering to myself . But I never have heard the opinion you express . I have received many commendations from the judges , but never anything in the shape of reproof . I shall be very happy privately , and in another place , to tell you who those judges are who have been pleased to express that high approbation . It certainty did not come from an ,-lssisfant i ' OOr I < av > Commissioner . ( Laughter and applause . ) During the course of his daily labours , the reporter for the Times felt himself constrained to say : —

      I cannot let pass the opportunity of noticing one circumstance , namely , the presense of the son of the accused , a youth of about twenty years of age , duriiij- the whole of the fiUh ' j details with which his father ' s name is mixed up . This young man , too , is the schoolmaster , and receives asahiry for his services ; but from the commencement of the mqui-y throughout he has been present at the proceedings . This is the move remarkable , as the assist-. int-conumssioner told the medical officer , that noticilhslanding the iu-, , ir > i and his necessary a ' . Umhnve v . ; .-on it , he must still PERSONALLY look ai'TEB the sick as usual .

      ~ ~Zar 45d0yer Ttoekhotjse Aromlna-1 Tio...

      It was currently reported in the town one day that tho mistress had seized a knife and swore she would E ? st > Mr . Prendergast a ? he came out of the hall . It is saia , however , that she was restrained and kept withm nor apartments , The cause of her wraih appears to havo been tho questions put by the learned gentleman with respect to dinners being sent from tho workhouse to a daughter who resided in the town at the time , and who afterwards died in France . On the same day the mistress , watching her opportunity , pounced upon a woman , one of the witnesses , and abused

      and assaulted hcv , shaking her violently by the shoulders and pushing her down the steps , telling her to be oil ' , sho had been there once too often , Mr . Etwall called the attention of the assisti-nt-commissioner to the ciretimHi'Mce as ho teas passing by , but hi : kefl * s £ dto stavto notice it . I cannot close without expressing my regret at seeing persons iu the g'wb of gentlemen , who no doubt make pretensions to high moral bearing , persons in odice , loo . laughing at tho evidence recorded above , while it was delivered by tho witnesses , as though they thought it a mero joke or a very light matter ; whereas , the nature of the statements rellcets the highest discredit on the manner

      m which they or their lricnds have managed the est . ibliihment where these women were lodged , and sonic of them , trained from childhood . If they look contemptuously Oil these poor creatures because of the ehnracte * some of them subsequently acquired , let the guardians and their admirers recollect tho sort of education those unfortunate persons received in the union-house , and seo how well it corresponds with their mode of life after they left it . Of the system so long blindly tolerated hero ifc may he well said , 1 ' nietu noecitur .

      SUSPENSION OF THE PROCEEDINGS . When evidence of the above character had been adduced , anil it was manifest that public attention would bo directed to the whole Sew Poor Law system , which had permitted such a state of things to continue for years without cither detection or punishment , tho Poor Law Commissioners tried to give ( 6 twist to the proceedings , and present them in such a shape asihat they should be screened from observation , while the " master" would hare every chance of p ; ctting scot-free ; attention in the meantime being exclusively confined to him , and to Mr . Wostlako , who it was adroitly sought to make " Public Prosecutor . " To accomplish all this , the commissioners addressed to Mr . Westlake , the following letter . Ifc is an extraordinary document , and worthy of ita coneoctors : — " Poor Law Commission Odice , Somerset-house , Oth September , 1845 .

      " Sir , —Tho Poor Law Commissioners have had under consideration the length to which the inquiry at Andover has already extended , and the suspense as well as tho outlay to which both parties interested in this inquiry have necessarily already boon exposed . All this must be still further increased if the inquiry is continued in the same form . On these grounds , nnd because the commissioners wish that some , at least , of the questions now raised should be brought before a jury , they have determined to take the following course : — " 1 . The commissioners will cause an indictment to bo preferred against the master in respect of any on < S case of an assault , with an improper intention , alleged to have been committed on a pauper whilst an inmate of the workhouse . The commissioners will take any case tofticfc you , AS THE accused , or the master , may suggest , and win cause the hill to ho preferred at the next quarter sessions , which will take place in the month of October .

      " 2 . The commissioners will , in like manner , cause an information before justices to be laid against the master or matron , under section 07 of the Poor Law Amendment Act , forANi one act of embezzlement or misapplication of food , clothing , or goods belonging to the union which von may select . " It will on this charge be open to any one to show that tho inmates have not received their full and proper allowance of food . It is needless to say that if the master is convicted by a jury on the first of these charges , tho commissioners would at once dismiss him from office . "If he is convicted on the second CliargC 110 DCCOmug disqualified , by the operation of the act , from holding office hereafter . If an indictment for embezzlement or theft be thought more effective , the commissioners havo no objection to that form of proceeding , instead of the ) information under the 97 th section , above referred to . " The commissioners are convinced that this coursa will at once bo tho most satisfactory and the most expeditious in bringing the matter to an issue .

      " In order to remove misapprehension , the commit * sioners wish it to be understood that they will cause the in * dklmenttobe prepared , and the bill to be preferred , and the information to be laid at the cost of the commission . Bn-e THEV WILL NOT UNDERTAKE TO DEFBAT OUT OP TUB FUNDS AT THEM DISPOSAL AN ! SUBSEQUENT EXPENSES , either for the prosecution or the defence . The parties making the charge can in this as in every other case take their own measures to obtain conviction and the master must of course provide for his own defence . " The commissioners will also recommend tho board of guardians that they suspend the master and matroa until the result of the indictment and information ata known ; and place some other persons in charge of tho workhouse . The discretion of doing this is by the regulations of the commissioners vested in tho board of guardians . The commissioners can dismiss , but this o £ course is ' a step implying a final decision on the merits of the case , on which no evidence as regards the master is yet before the commissioners , and on which [ they must be understood as expressing no opinion whatever .

      " Mr . Parker , assistant-commissioner , will be directed on the receipt of a copy of this letter to suspend all further inquiry until the result of the indictmentand information shall be known ; since tho continuance of such proceedings in the interval might be held to prejudice tha case one way or the other . The commissioners request that you will notify to them , as soon as possible , tnei exact cases which you desire to select , in such & form as to enable the indictment and the information to be properly prepared forthwith . The commissioners have no objection to both of them being seen by your solicitor before they axe finally settled . "They also request } with reference to the former / that you will supply them with a list of witnesses neces * sary in your opinion to support the bill before the grand jury . " I am , Sir , your most obedient servant , " George Coode , Assistant-Secretary . " T . C . Westlake , Esq ., Andover . "

      Mr , Westlake replied to this extraordinary demand as follows : — "Gentlemen , —I have received your letter of tho 9 th of September , and I beg respectfully to state that the purport of that letter very greatly surprised me , " I will venture to hope that , upon re-consideration , you will see tho impropriety and injustice of stopping tha inquiry , now so near its close . " The only charges against Mr . M'Dougal whieh your assistant-commissioner has , according to his own state * ment , power to inquire into , and to which he has accordingly limited the inquiry , are the following : — " 1 . The neglecting to give to the sick and infirm paupers the extra food directed to be given by the medical officer , and stated by the master to have been given accordingly .

      " 2 . The sending of various rrticles , the property o £ the union , to the house of Mr . Holly , M'Dougal's son-inlaw , at Stockbridge , and the washing of the clothes ef Mr . Holly's family at the union-house . " 8 . Taking liberties with the younger women , and at . tempting to prevail upon them by force and otherwise " to . consent to gratify his wishes . ( See my letter of Aug . 16 . ) " 4 . Having had sexual intercourse with at least one of the paupers . " 5 , Gross drunkenness on various occasions , nnd inebriety at prayers ,

      " The evidence for tho prosecution and the defenca upon the two former of these charges is already given . Two or three days ago the assistant-commissioner directed that tho defence upon the remaining charges should be postponed until Thursday , when it was probable that the case for the prosecution upon all the charge ' s would he closed . This has now taken place , and a mass of sworn testimony given which , uncontradicted , establishes that the master of the Andover union workhouse has token indecent liberties with and attempted to seduce the young women and girls in that establishment , and that he is a confirmed and notorious drunkard . If these two charges , or either of them , be true , Mv . M'Dougal ought HO longer to remain the master of tho workhouse . I therefore respectfully ask you , gentlemen , if it would not be monstrous , when these charges

      have been established after great expense and trouble on my part , suddenly to close the inquiry , leaving the master in full possession of his present power to do evil , and referring me to a tribunal which cannot by any possibility investigate the most important of the charges \ Such a proceeding would be manifestly injurious to the public morals , if Mr . M'Dougal be guilty ; or , on the contrary , if he be innocent , it would be unjust to him , as it would deprive liim of the only opportunity he has or can have of refuting and contradicting tho testimony which is so injurious to his official and personal character . As to the course which you point out to mo of indicting Mr , M'Dougal for ' assault with improperintention , ' by which , I presume , you mean with intent to commit a rape , T shall certainly leave to others the task of prosecuting that

      person for an offence with which he has novet" been , charged . You will , I am sure , upon further consideration , perceive that if indicted for assault Mr , M'Dougal would , in all probability , find a safe defence in the silence or little resistance ot the women . Mr . M . 'l > ougaVs offence is , that he , being the master of a union workhouse , con « ducted himself indecently towards the girls he was bound to prottet , a very serious offence in morals , but not legally punishable ; an offence which the law of tho land wdl not reach ; but the repetition of whieh ought to be prevented by the exercise of the discretionary power with which you ore invested . It was in the exercise of this power that you originally directed the present inquiry , and I respectfully submit that justice and your own consistency demand that that inquiry should proceed to its legitimate

      termination . " The observations already made apply to almost every charge made against Mr . M'Dougal ; if , for instance , ha has had his son-in-law ' s clothes regularly washed at the expense of the union , he has committed a fraud upon the guardians , but I doubt if the acutest lawyer could frail 8 an indictmrnt adapted to the case . Again , with regard to the gross anil notorious drunkenness charged against Mr . M'Dougal , and testified by such ample evidence , f Concluded in our eighth paae . )

  • Citation
    • Northern Star (1837-1852), Sept. 20, 1845, page 3, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/ns2_20091845/page/3/