The Press. — London, England, 1858-08-07 00:00:00

I the Bench. We think, too, that the writer has shown considerable discrimination in the selec tion of points for special commendation where so much is commendable, as well as in the few qualifying remarks which candour has compelled him to make. The "steady honesty of purpose," "the acuteness and rapidity of apprehension," to ordinary minds almost inconceivable, the "keen, accurate appreciation of the facts of the "actual case in hand, without [undue] regard to "the trammels of previous decisions," the playful smile, the potent frown, To abash bold vice or hush pert folly down, are not merely characteristic of the Lord jus tice, but especially and eminently so. And while we cannot but admit with the writer that in the use of "powers of sarcasm and ridicule which have rarely been equalled," this gifted personage has occasionally . exceeded the bounds which perhaps he would in his cooler moments " himself prescribe to a judge," we fully share the feeling implied though not expressed in the comment before us, that, if something would be gained, much would also be lost by pruning away the luxuriant off-shoots of so vigorous, so racy a mind, and reducing the genial yet earnest man, who alternately reminds us of SYDNEY SMITH and of Dr. JOHNSON, to the ordinary level of judicial gravity. A word as to the peculiar diction of the Lord Justice, which, though admirably exem plified by the quotations in the Law Magazine, has, we think, been rather appreciated than analyzed by the commentator. Our own im pression is, that Sir J. L. KNIGHT BRUCE has a singular command of both elements of our lan guage—that classical erudition as well as the pon derous eloquence of our equity courts has trained him to the skilful use of sesquipedal Latin de rivatives and elaborate Johnsonese periods, while native wit and quickness of thought would rather prompt him to speak pointedly and con cisely in short pithy Anglo-Saxon words. Hence the variety of style, as the judge or the man pre dominates ; and hence the occasional quaintness from the juxtaposition of terms happy in them selves, but which we instinctively feel to be in congruous. Space forbids our pursuing this subject fur ther; but if our readers have never heard the Lord Justice, they cannot do better than read the truly characteristic judgments in " Barrow v. Barrow " and the " Agapemone Case," from which the contributor to the Law Magazine has made copious extracts. We have already expressed our belief that the elevation of Sir J. L. KNIGHT BRUCE to the Peerage would be a national benefit in the pre sent unsatisfactory state of the House of Lords as a Court of Appeal. We will conclude our remarks by pointing in support of this belief to three important features in the Lord Justice's character, two of which we shall illustrate from the Essay before us, and the third by an extract from a judgment which we ourselves had the pleasure of hearing delivered. First, then, Sir J. L. KNIGHT BRUCE is one of the most indefatigable workers living—a most important qualification to one who is to do double duty as Judge of Appeal and a Peer of Parlia ment. Of this industry a single example may suffice In May IMO, Vice-Chancellor Wigram became, through infirmity of eyesight, unable to sit, and in the month dlowing the Vice-Chancellor of England fell ill. From Molt time, until the rising of the court fur the long vacation, Vitt-Chancellor Knight Bruce transacted single-banded the whole business of the three Vice-Chancellors' Courts. During this interval, when slower intellects must have sunk beneath the labour, or at least have betrayed the irri tation due to an overwrought frame, Vice• Chancellor knight Bruce rose to the emergency, and at the last sitting of the court before the long vacation he was addressed by the then Attorne2.General in words to the truth of which our own memory bears willing testimony. They were as follows Before the court rises fur the vacation I am desirous of saying, on behalf of the bar, a few words. It is now fur several weeks that the whole business of the Court of Chancery, distributed among the three Vice-Chancellors, bas been borne by your Honour alone. That business, at ill times very heavy, at this season has been this year greatly increased by the numerous applications which have arisen under a Lew practice introduced into the mart. lam requested by the bar to testify our respectful admiration at the knowledge and ability with which this masa of business has been disposed of', and to express our amitotic for the unvarying and unwearied attention with which your Honour has listened even to the youngest among us. I need not add how gratifying it is to me to be `wade the organ of this communication." Secondly, we fully concur with the writer of the Law Magazine in his hearty approval of THE PRESS, AUGUST 7, 1858. " the opinion of Lord Justice KNIGHT BRUCE " with reference to the principle which ought to " govern a court of appeal while reviewing the " decision of the court of original jurisdiction— " namely, that to'dmtbt, to entertain grave and solid " doubt, is to affirm." No attempt of ours at condensation will do justice to the arguments of the essayist on this head. Suffice it to say, that if due weight were given to the decisions of the original court, we should less often be pained by cases where the elaborate conclusions of the highest legal minds are set aside by a bare majority in the Peers ; sometimes, it is to be feared, deciding perfunctorily. It is bad enough that it is possible for a judgment of the present Master of the Rolls, affirmed by Lords Justices TURNER and KNIGHT BRUCE, to be reversed in the Lords by the voices, let us say, of Lords CRANWOftTII, BROUGHAM, and WENSLEYDALE, though supported by Lord ST. LEONARDS and another equally great name ; but the evil would be at least reduced to a minimum were Sir J. L. KNIGHT BRUCE'S opinions on appellate juris diction generally adopted. Finally, the Lord Justice has a keen eye for abuses, and an earnest desire for an improved style of legislation. We cannot but hope for good service to the cause of Law Reform from the man who concluded his judgment in the case of the so-called Royal British Bank* in the following memorable words, with which we shall close our article : It is to be hoped, let me in conclusion say, that the Legislature will take steps to prevent the recurrence of conflicts and complications such as the proceedings before us exhibit and portend—miserable conflicts, distressing complications, which it has itself' created—conflicts and complications characterized by the grave frivolity, the costly uselessness, the sickening delays, in which chicane rejoices—conflicts and complications which must embitter the anxiety and add weight to the oppression of sufferers under nefariously conducted schemes, such as the thing ironically called the Royal British Bank—conflicts and complicatior a which to a civilized people are nationally discrediuttle, and in a governed country ought not to be possible. TWELFTH REPORT OF THE COMMIS SIONERS IN LUNACY. kr has been often stated of late years, and we believe with justice, that lunacy is steadily on the increase amongst us. This consideration alone, unconnected with the recent painful disclosures at Acotnb, would afford us reason for sup posing that some remarks on the newly pub lished Report of the Lunacy Commissioners would not be unwelcome to our readers. Exclue sive of those insane persons for whom a separat establishment is maintained by their friends, there are now in private asylums 4,738, in public in stitutions 17,572 lunatics—total, 22,310. Yet how very few amongst us take any interest in the insane, or are at all acquainted with the treatment adapted to secure their recovery 1 How many fancy that a lunatic asylum must necessarily be an habitation of wretchedness, in which their fellow-creatures are chained to walls, strapped to beds, and restrained by strait waistcoats; whereas, in a well-regulated estab lishment neither chains, straps, nor strait-waist coats are ever employed, for, as Dr. CONOLLY— and no one can speak with more authority— remarks, " No fallacy can be greater than that of " imagining what is called a moderate use of " mechanical restraint to be consistent with a " treatment in all other respects complete, " unobjectionable, and humane; the abolition of " restraint must be absolute, or it cannot be " efficient." PIXEL in France about 1770, and TIKE in England a few years later, first attempted to ameliorate the condition of the unhappy lunatic — to substitute sympathy for gross unkindness and severity. Previous to this date, and for many years after these benevolent men had com menced their labours, insane persons were treated certainly no better, perhaps even worse, than beasts : chained up in cells, dark, damp, and filthy, with unglazed openings in the walls, which apertures, guarded by iron bars, were only • "lu jurisczi.7,lp'll.tsll Bricish . oyid v. Lee.". 749 wide enough to admit a gleam of light ; never permitted to leave these dismal habitations to behold the sun or look on the face of nature ; only visited by their keepers whip in hand—the keepers, if in France, being attended by a furious dog. What an existence must the lunatic's then have been I How differently, at least in public institutions, is the poor creature suffering from a mental disorder treated now: comfortably clothed, well housed, fed, and attended ; he is allowed healthy exercise out of doors, with books, dances, and music to amuse him within the walls of the asylum ; and, moreover, should a religious melancholy prey upon his mind, there is a chaplain to visit him, and a chapel at which he may attend. Alluding to the hireing, by the Devonshire magistrates, of a house at Exmouth for the temporary accommodation of forty-two pauper lunatics, the Commissioners state that when they visited Exmouth they found " the "alarm which had originally existed in the minds " of the inhabitants of Exmouth, when it was first " proposed to place the patients there, appeared "to have entirely subsided. Although the majo rity of the patients were daily taken out in " parties for walks by the shore, and in the neigh bourhood, no inconvenience had in any case " been felt ; no individual was annoyed in any " way ; and, after a very short period, the " patients themselves ceased to attract any unusual " attention,being indeed soon considered as forming " a part of the ordinary inhabitants of the town." To what do we owe these improvements in the organization of public asylums ? To that which it is very possible we may shortly be indebted for a great change in the management of private asylums, and in the treatment of insane persons of the middle and upper classes—to an asylum at York. The death at the York Lunatic Asylum, in 1780, of a Sister of the Society of Friends, caused the Quakers to found the " York Retreat," at which establishment Dr. WiallAm Timm in augurated his system for the cure of maniacs. The treatment of Mrs. TURNER at York, by Mr. METCALFE, to which we alluded last week, will, we believe, lead the Legislature to effect a reform in the management of private houses for the reception of the insane. Referring to the intention of the Governors of Guy's Hospital to close the lunatic ward of that institution, the Commissioners remark :—" We " have no doubt that, considering the great want "of charitable funds for providing asylum " accommodation for lunatic patients of the " middle classes, the resolution is much to be re " gretted." This complaint we have heard not once or twice, but a hundred times before. For the small farmer, the tradesman, and even for the ever-to be-pitied governess, whose refined education and manners render her ill-suited to associate con tinually with labourers wives, there is no retreat when afflicted with a disordered brain but a pauper asylum or an expensive private establish ment. Cannot this defect be remedied? We think it might. Why should not Government form an establishment, with salaried officers, near London, for the cure of insane persons of the middle classes, the friends of each patient paying an equivalent for his maintenance ? There can be no doubt but that an institution of this description would be a great boon to the public ; and being, as it undoubtedly would be, self supporting, would be no expense to the country. Such a scheme as this, if attempted, would, we have little doubt, meet with the uncompromising opposition of those medical practitioners who are in any way connected with private asylums. Once let such an establishment as we have de scribed be formed, and the death-blow is given to private " Retreats ;" for the public would soon find the advantage of placing the insane under the care of persons who derived no pecuniary benefit from the continuance of the mental dis order of their patients. We confess we believe the assertion of Dr. CONOLLY, that "of all "passions avarice is the most cruel." After stating that two hundred and ninety acres of land have been purchased at Bagshot, as a site for a new State Criminal Asylum, the Report proceeds : " The question of adequately providing for the care and treatment of insane soldiers remains still in abeyance. Our opinion on the many evils arising from the defective character of the existing arrangements for the accommodation of