Star. — London, England, 1825-08-09 00:00:00

. commiMpAr- OF LUNACY. fa Tim arATT4st ,01/ TRO Lev. ili/WARD FRANK (A • ambroatb .LUNATIC). • SEVENTH DAY. The Osmtnissioners and the Jury took their mats at eleven o'clock. Mr. Cd'incnissionei Pinr.Ltuotta said, that he wished to ask a question of 'the Counsel for Mr. Frank ; as to whether the , license of dispensation which had been obtained by Mr. F. in 1614, had ever been renewed ? Mr. %Vaitantras replied, that he bad never since bten called upon to act. The Coetstissromen asked when it was that Mrs. Frank returned to live with her husband ? Mr. WAREFIIILD.—On the last Thursday in No vember, 1821. Mr. PEPTE, as Counsel for the eldest son of Mr. Frank, observed, that he was anxious to correct an error which had gone abroad. Mr. Brougham, in ad dtessixg the Jury, had drawn a picture of a young man wheel could sit calmly by and listen to evidence of his father's guilt and his mother's shame. The picture was an imaginary one, but some persons had conceived that it actually alluded to Mr. Frank's son. This young Gentleman was only not present at the investigation, but had not been in London since the commencement of the case. He was desirous also to observe, that so tar as be could understand, no one could feel more for the situation in which his parents were placed than the young man felt. Mr. SPENCE then addressed the Jury. His object was to state the due effect of the facts adduced, and also t , n comment•on the evidence of the medical men— the effect of facts, in the first instance, and of opinion, in the second. He regretted, as Counsel for Mr. Frank; that he was obliged to admit there was evidence to prove him a 'very profligate character; but such an acknowledgment was very different to an admission, that such profligacy proceeded from unsoundness of mind. That such evidence had been greatly exagge. rated, he had no doubt. The witness Mr. Badham had sworn, that when he dined with Mr. Frank at Cam bridge, no Gip had been present, and that there was! nothing incoherent or improper in his manner; so that if by chance (for such was the case), they kid been able to get one witness to contradict such a state rnent,he might fairly suppose that many other statements had been equally exaggerated. The evidence of Mr. Badham went to prove, that while Newby was present at the taveuti, and Mr. Badham was by, there was neither incoherency nor impropriety in the conduct of Mr. Drank. He would have the Jury to recollect that Mr.F. was a man who had obtained a considerable fortune, having before been in straightened citcumstances,yet al ways looking up in expectancy to that fortune which heal terwards succededed to, and under these circumstances, there wete great allowances to be made, because he was a man never educated for business, and not at nil calculated for the settlement of accounts.— Mr. Propert, however, said that he had called fur vouchers, and this set the Solicitor-General on fire-; but Mr. Frank would not trust to any man's honour, and therefore in a:l his pecuniary transactions, called for receipts of voucher s. Another material point of his particularity in money matters, was, that when a hack ney coachman had charged him too much, he pointed out the overcharge, and the coachman acquiesced by abating sixpence. This point was only material as con ratted• with other circumstances—hut it 'hewed that his habits had been always the same,• and that he was now what he was in 0316, a most important consideration indeed. How did Mr. Fra k behave when Greaves went to take a farm from him? So far from Greaves conceiving that there was anything improper or Inc t httent in kis manner, he went again, and again entered into a discussion on the subject of letting the farm. In this ca-e he acted as every other individual would have done, and no one could have acted with more propriety or consideration both for himself and for his tenants. One of the most important facts was that which related to taking back his wife without inquiry, and employing the person who was said to be her paramour. But it was of great importance to consider on what evidence he had supposed his wife to have been unfaithful, and the Jury would be convinced that that evidence was such as he might have subsequently disbelieved. He was induced to believe it in consequence of the infor • elation of a man whom he afterwards knew was not his friend. Roebuck was the only man who as serted he had seen what was represented—for Bellamy and Mainwaring communicated only what they had beard. It had been proved by several witnesses, that in the presence of Mr. Frank the conduct of Mr. Dic kenson towards Mrs. Frank was always respectful. It bad therefore been proved, that whatever had been going on behind Mr. Frank's back, he might have been reasonably expected not to know anything about. There was sufficient proof that Mr. Frank's affection was very great, and when to this overpowering regard was added, the careful propriety which was kept up in his presence, and the character of the individuals who communicated the circumstances to him, the Jury would perceive how natural it was that he should have disbelieved her criminality. Mr. Spence then proceeded tit canvass the evidence as •to the sanity or insanity of Mr. Frank ; and in proof of his sanity in 1817, read the following letter : "My dear Sister—l am sorry to hear from . Mr. Bellamy that you are unwell, but I rust this will find you in better health. Un derstanding my mother and yourself are anxious to have my second little girl, Rosalie at Doncaster this winter, I can have no objection to the request. While I live I shall be truly gratified in endeavour ing to promote the comfort and enjoyment of my only remaining patent, and, as far as in my power, study to cheer and enliven the calm and cheerful close of her well.spent life. I think my Rosalie a most bewitching child, and though I mast feel dull and low spirited at the loss of her lively endearing society, yet, under your benignant care and protection I am satisfied she will be truly happy, and stimulated to learn as far as her age and capacity will prink. Should I fortunately live till she is eight years old, it will be my most earnest desire; and I resolve to place her atMissPoivis's school, with her charming and amiable sister. Ere this epistle reaches thee, you may have heard that I am going to let C. (mean ing Campsall) as soon as possible. The magnitude of the man sion, and the serious expense of supporting the same, co-operat ing with the badness of the times, and my most lamentable do. mettle misfortune, all tend to render my firm resolution most advisable. I had once flattered myself that I might perhaps pass many joyful and many happy years at our much attached native place, but that dream of fancy, like many more, has vanished for . ever. I never can look back on the many delightful and pleasing days . I have spent with her, who was the object of my tenderest affect len, at a period when we were contending with the direful of adversity, without the most poignant regret; and al though our hush separation for ever was unavoidable, I must con sider that measure a serious misfortune to myself and family—more j especiany as I fear, under existing circumstances, no divorce can take place, neither now nor hereafter—when you are ready to re mylittle girl, you win perhaps let me know, that I may make some arrangement for the journey, before the winter is more ad • wanted. Perhaps yon could procure a good tenant for my house, AS I tear 1 shall meet with some difficulty in letting it. I should wish it to be fawned in the Doncaster and York Papers, and also , .in the Morning Post. With very best love to my mother and to )oluself, " I remain your affectionate brother, " EDWARD FRANK." This letter was tinted &elm , go. 5, and ad'- dressed to Miss Fraiks Below Cottage, Dimcaster, Y wkshislr• Thebearned•Gehtleman then commented on this letterp and asked them if that was the' letter of a mind - uhdei the influence of insanity. During the whole period of Mr. Propert's acquaintance with Mr. Frank, he saw e o ev n id th e e nc c e ontra ry, nothing indicative of an unsound mind; every thing of a proper behaviour. but, zh of Mr. Burrowes was also to the same effect, down to the year 1821; and that of Towne, Mary Coe, and Greaves, brought it down to the'pre gent time, that Mr. Frank was sane, and had not conducted himself as represented in the speech of the Learned Solicitor-General. Then, as to the medical evidence of Sir George Tuthill, Dr. Warburton, and Dr. Monroe, the evidence of the first two Gentlemen was similar as to the •' delusion" under which Mr: Frank was said to labour, respecting the infidelity of his a ife, and the conduct of Mr. Bellamy towards him. If there was not sufficient evidence for him to believe that Mr. Bellamy was net his enemy, there was surely no imbecility of mind in believing it. The evidence of Mr. Norton was conclusive as to the conduct of Mr. Bellamy. He had been at Mr. Bellamy's house and received a letter ; the servant at the same time bringing in a letter for Mr. Bellamy, who behaved himself in a most uprorious manner. The only instance of insanity in this case was the conduct of Mr. Bellamy, the peti tioner; for he bad said, that by the re-union of Mr. Frank and his wife. he should lose 3,0001. a year by the estates in Yorkshire. When he recollected the evidence of Mr. Towne he could not but conceive Mr. Bellamy had been pandering to his pleasures. The Learned Counsel then proceeded to comment upon the conflicting testimony of the Medical Gentlemen who had been examined.. He thought it most creel and op pressive that every action of the life of this unfortunate man should be scanned over and made the subject of discussion. Ile referred particularly to the evidence of Di. Burrowes, who had examined him patiently for two hours; and he thought that the evidence of that eminent individual, supported as it was by other tes timony, was sufficient to induce the Jury conscientiously to say that Mr. Frank was a man of sufficiently sound intellect to manage his own affairs. He thanked the Jury for the patient attention which they had paid to his remarks, and trusted most sincerely that they would, by their verdict, relieve the mental capacity of this un fortunate Gentleman from that imputation which had, as he conceived, been most unjustly cast upon it. The Sourcing-GENERAL rose to reply. He would have spared the Jury his own personal observations on the case, feeling that he could add little to their infor mation ; but he was called upon to sift some of the ad verse evidence, especially that of medical ptolessors, whose opinions upon the mere question of insanity were opposed to the law of England, as it had existed for four centuries past. Of the witnesses whom he had called, seventeen or eighteen, excluding the medical witnesses, had, after stating all the circumstances from which they inferred it, stated their opinion to be clearly and unequivocally that Mr. Frank was of unsound mind. These persons were as competent to form an opinion as the Medical Gentlemen ; otherwise, if every one were net admitted capable in that degree of form ing an opinion, the Jury themselves ought not to be sitting there; and the law ought to have left the deci sion to a Jury of Physicians. How did it stand on the other side? The Jury had eight witnesses, who stated , that they had aeon sapthing which woaid aushotiz them in believing that Mr. Frank was of unsound mind. Mr. Brougham, a witty eloquent man, who possessed every quality which could make him a formidable ad versary, had talked of the negative cookery of the ease l for the lunacy. His complaint was far more applicable to the case against the lunacy. Malcolm, who was prohibited from taking a blind Gentleman to France to witness the Coronation in the Cathedral of Rheims, should have been called. Where was the attorney who prepared the bond to Dr. Dickenson for 5001.? Where was Mr. Fisher, who broke the sealed door open ? It was very like the Scotch inn, of which Dr. Johnson had said that the old dame's negative catalogue of provi. sions was very considerable. Applying himself to the definition of unsoundness given by Dr. Veitch—that of a mind wherein the imagination overlays the judgment —he would only state four topics, which, on that hypothesis, would be conclusive : his opinion of his wife's innocence—his intention of being married to a Lady of fortune in the neighbourhood—his belief that the postmaster intercepted his letters—and lastly, his fondness for Dr. Dickenson, the imputed adulterer with his wife. The repeated acts of that adul tery in different parts of the country. were not shaken by a tittle of evidence. His letters proved that his delusion upon that subject was perfect.— Why was not this part of the case met by direct evi dence ? Here was negative cookery indeed ! Another topic was his utter incompetency to manage or under stand accounts. Upon this there was an utter failure of evidence, not a tingle account produced for the whole space of ? 12 years ; he had no account to settle. His wife and children must have paid all the bills. Among his subsidiary acts of lunacy were his irregular excur sions over the country, without object or direction ; and his most dissolute manners and amours. Dr. Haslam thought that lie might account for these more easily by the hypothesis of profligacy and a love of wickedness. The Learned Gentleman alluded to the case of Sir C. Sedley, who, after a reign of religious moroseness, which the Court thought t' dissipate with an opposite fashion of licentiousness, stood in purls naturalibus, and exhi bited himself from the balcony of a tavern in Covent garden. That was profligacy, but not such profligacy as that of Mr. Frank, which was incompatible with any other state of mind than that of lunacy.— He next applied himself to the law of the case. Upon the state of the Roman law he might, if the mere love of antiquarian lore would justify such a waste of their time, have undertaken to break a lance with his learned and absent friend, Mr. Brougham. The Roman law did not confine its definition of mental incapacity to fur iosus and fatuus. There was the term dewentat, and several others of the same import. 46 Demented" was the phrase of the Scotch law, which approached closely to the Roman in this derivation. How long lunacy had existed as a title or description in the Engibh books was not precisely ascertained. Littleton, of the reign of Henry VI. used the phrase of Non compos mends, which from among many other cases was preferred by Lord Coke as the most accurate which the law could adept. Accordingly, subsequent authorities, acceditz to the difficulty of determining the causes of mental disease, had all adopted the condition of soundnt as or unsoundness of mind, according to the weight of evidence produced in the case. He repro bolded the looseness and inapplicability of Dr. lias lam's theory of unsoundness, which required it to be manifested in the same manner, at.d with the same degree of palpalsie aide' ai the state of a. carious tooth, or an u l c e rate d leg. i'his theory was opposed to the deatred sense of the greatest thedical sitthoritiis 'during the same period. He cbnCluded his address at a qu arter . _ efore four o'clock. Mr. Commissioner PnsLLllfOae immediately prei ceeded to sum tip the case on either fide. The verdict of the Jury must find, not only that the subject of in quiry was of unsound mind, but that he was unable to manage his affairs, or the commistion could not go ort. The Commissioner went on to comment upon the facts of the evidence, commencing with 25th October, 1816, at which time it was allowed on All hands that Mr. Frank's mind was deranged. At five o'clock, in acquiescence with the request of the Jury, the Commissioner broke off, and adjourned the Inquest until ten o'clock to-morrow. THE REV. MR. FRANK-THIS DAY. The Commission appointed to investigate the state of mind of this Oentientan assembled this morning, at the usual time and place, when Mr. Commissioner Paw-mons resumed the summing up of the evidence, pointing out as he proceeded, tho degree of importance of each witness's testimony to the issue in question. In particular he dwelt on the tesdnintri of the Medical Gentlemen wbd titre ex amined for the defence, observing that the evidence of a Mr. Bur. 'owes and Mr. Propert was important, on account of the numerous opportunities they had of observing his general demeanour in the years 1822 ; also that of Drs. Veatch and Durrowes as to his present state of mind, was not only important on account of the diligent care they had taken in examining him, but also on account of their great talents and experience in that department of knowledge. Another most important part of the case, was the demeanour of Mr. Franks himself, while under their examination. They could not have failed to observe, that he answered the questions put to him in a pertinent and comiosed manner ; but they could not also have failed to observe, that he possessed a very imperfect knowledge of the state of his affairs, and that he still persisted in thinking Dr. U. his best friend, and Mrs. F. a chaste woman. In conclusion he would say, if, on the whole, they bad a reasonable belief that Mr. F. was of sane mind, and capable of managing his own affairs, they would find a verdict to that effect; but if. on the contrary, they thought hint of unsound mind, and incapable of managing his affairs, they would be doing hint the greatest possible kindness by placing him and his affairs under the controul of the Court of Chancery. The room was then ordered to be cleared, and the Jury, after deliberating for two hours, returned the following answers to the two issues submitted to them :—To the first, whether Mr. Frank was insane at the present time, and unfit to manage his affairs, they were unanimously of opinion that he was. To the second, when he first became so, they were unanimously of opinion that be bad been so ever since the 25th of October, 1816. SUMMER ASSIZES. CROYDON, AUGUST 6. William Harris was indicted for returning from transportation before the term of his sentence had ex pired. Verdict—Guilty. ' Sentence of death recorded. John Marsden was indicted for a similar offence. Verdict—Guilty. Sentence of death recorded. Samuel Carney was indicted for uttering a forged order for the delivery of six sacks of flour, with intent to defraud John Dudin Brown and Thomas Young. The facts were clearly proved ; the prisoner was found guilty, and sentence of death recorded. Charles Caw was indicted for stealing at Farnham, on the 13th May, a bay gelding,, the property of J. Bartholomew. The Jury found the prisoner Guikg: , / The Lamm& Judisamdd he would consider of the ease before he / passed sentence.—The business ea the Civil side was totally desti• lute of interest. Robert Little, William Weller, Edward Weller, and Harriet Haskett, were indicted for assaulting and robbing John Wellcr and Ann his a ife, on the King's high way, at Dorking, on the 10th July. The p. isoner Little persisted in pleading guilty, after having been 'repeatedly admonished to take the chances of a trial. The prosecutor, who is a small farmer, was return.' ing, in the evening of the 10th of July, with his wife, from Capel to Dorking, where he resides. In their way they were stopped by the prisoners, who were tramper-a. The female prisoner pretended to beg for, charity, when they all closed on witness and his wife.' Little knocked them -both down with a bludgeon, and the prisoner ran off with his hat and his wife's scarf. These were found on the prisoners, together with the bludgeon, in a barn where they were sleeping. The prisoners said in their defence, that they were intoxicated, and had no Intel:tie, of robbing. The Jury, under the Learned Judge's direction, found them Guilty. Sentence of death was recorded against Edward Weller and the female prisoner; and the awful judgment of the law was pronounced on the other culprits. AUGUST O. George Watts and Elizabeth Hannah Watts,. his wife, were indicted for stealing at St. Mary, Lambeth, on the 18th of June, a pair of silver candlesticks, five silver spoons, and a silver fork, in the dwelling-house of John Lomas. _ _ _ The Jury acquitted the woman, but found the man Guilty. Sentence of Death was recorded. George Smith was indicted for stealing at St. Olave, Southwark, on the Sd of February, a horse, the pro perty of Henry Verrill. Mr. Anonym conducted the prosecution, and Mr. ilsonamr the defence. The prosecutor lost the horse in question on the Sd of February, from his field, at Lewes, in Sussex. It was seen safe as late as six o'clock in the evening of that day. On the Sd of April it was found in the pos session of the prisoner, wbo kept stables in the Borough, and drove a van. To Hall, the officer, who appre hended him, he stated that he had purchased the horse of a man named Clarke, at his own stable, on the 7th of February, gave iii . for it, and had a receipt which was written for him by a Lieutenant Everett, and could produce it. The defence set up for the prisoner, and established: by evidence, was twofold ; first, an alibi as to the 3d of February, when the horse was alleged to have been stolen ; and, second, that he had bought and paid for it of a man named Clarke. A great number of witnesses gave the prisoner an excellent character for honesty besides. The Jury, under the Learned Judge's direction, found the prisoner Not Guilty. Saturday, 111r.Gammanded in his b 'noon from Norwich. Owing to a storm of thunder and lightning the ascent did not take place until neariy six o'clock. The balloon took an easterly direction nearly in the line of the Yarmouth Road, and continued visible to the spec tators in Norwich, as it slowly floated along in that course for about tweory•-three minutes, when it pene trated a layer of clouds that effectually concealed tts further progress. Not long after it disappeared the thunder-storm returned, with renewed violence, and the frequent flashes of lightning must have made the situation of the aeronaut peculiar and awful. Nothing was heard of him in Norwich that night, but c able apprehensions were entertained for his safety. '~ • • • • - - rkitAtlE 077:11 Pfikallt4TAL • . .• • •: • 1 •41.1a 7 -•1.: '• .4i • 1 • , ton‘lon, Au g; 6. . • . • Isegleave to trlnunit yolk: sed i'•Ndtice should feel obliged to yon to make public at Ltoyd'i. for die ihfory mikes of the Comniercial an.l. Shipping Iniel:ests of this am, &c. (Signed) F. T. s P A /CO, Constil-General. John Bennett, Esq. Secretary, Lloyd's. Portilgueie Consulate, t.ondon, Aug. C . An Offizial Communication has been recei‘ed at thii Office from his Excellency the Ciinde de Po.to Santo; Secretiry of State for Foreien AfLtits in L sbon, in; structing me to make it public " That hie Mist Faithful Majesty; at the repreientition of tbs; Royal Board of Trade of that City, has been pleased to order, that to the manifests of the carped of vessels proceeding from foteign. • ports to the ports of hii douißsions, shall be attached one bill of loading of every , shipment 'CoMpoiing antis cargoes, under the . Consul's seal of office." • In conformity with these instructions, I hereby' give notice, that henceforth I shall require from the brokers of vessels • Issiund to Portugal and Wands adjacent, when they bring the eockets and manifests for my legtlization, to furaisit me, at the same . time. with such bills of loading (one of each set), without Which I shall not feel myself authorized to grant the usual certificates of clear. ance at this Office. (Signed) F. T. SA MPA YO, Consul-General. LAW RLPURh;: COURT OF CHANCERY, AUGUST 7. 1:4 IHE MATTER OF WOOLLQB. A LUNATIC. A commission of lunacy was in 1821 _issued the present lunatic John Wo:,ller, and after the findiuß of the Jury, it was discovered that the date of t►e lunaey had not been carrilkl sufficiently far bick, and that certain important evidence had not been adduced before the Jury. file Petition now prayed that a new corn mission might issue. It was supported by Mr. George Tuner (with whom Mr. Whitmarsh was engaged as senior Counsel, but was unable to •att!nd consistentlt with the performance of his du'y as Commissioner upon the lunacy now pending against Mr. F ), and opposed by Mr. Sugden and Mr. Lovatt. After hearing Counsel 'fully upon the Petition, the decision was deferred. IMPORTANT TO SOLICITORS. IN THE MATTER OF MIDDLETON, A LUNATIC. Messrs. Smith, Lambert, and Co. of Lincoln's IDS ) were employed to present two petitions in this .nobtter against Mr. Garland, with respect to his costs. .It aft peared that he was the Solicitor of all parties in the matter for a considerable tune, and that he had taken a private bond from the Committee of the lunatic's person and estate, to indemnity him against any costs he should not be allowed in the Master's Office, upon his general bill of costs against the lunatic's estate. Mr. Holum appeared for the Petitioner, and Mr. LovArr in opposition. His LORDSHIP expressed himself in pretty warm terms against this practic'. Much bad been said by his predece.sors against solicitors acting in a cause for all parties, and it was to be hoped that such a practice was now very near an end. Nothing could require more anxious jealousy on the part of the Court than 'to see that a solicitor conducted himself properly, in - a case where he appeared as the solicitor for the Committee of the person of the lunatic, for the Committee of the estate for the next of kin, and for the heir-at•law ; when in fact it was almost ab.olutely necessary that dif ferent solicitors should be employed for the, different parties, the interest of one being to charge the lunatic's estate with as much as possible, and the interest of ano ther to charge it with as little as possible. It had been said, a solicitor bad been known to' state to his client that he would not be concerned in a matter, unless upon an understanding that he was not to have WI bill of costs taxed; now, if ever such a case occurred again, this Court would certainly consider it the duty of every Court of Justice to say, that that solicitor should never be allowed to have another client to be concerned for. And what was the effect of the bond (before mentioned) here, having been given and taken, but that the Solicitor said to the Committee of the E tate. is You shan't tax my bib of casts, because it is a matter of indifference to me whether I am paid out of the estate, or out of your pocket. Out of one or the other I must be paid." This understand.ng having affected, and run through the whole of this case, it had vitiated the whole ; and. there fore, upon general principles, and public policy, the Court felt imperatively called upon to make, in this matter, a very special order—and le•t that order should in any way be mistaken, his Lordship wiil pen it with his own hand. A very important circumstance more appeared here, which was, that them appeared to have been balances due to the estate upon ti.e accounts, at different times, but that not a shilling had been pa'd 1 into Cum t. The Ebenezer, PROSSER, has arrived from S•. Vincent, and brings letters to the 4th July. The ne sines are all quiet and contented there. Generally throughout the islands the crops are not likely to turn out by any means so good as they were expected to be • earlier in the year. Ship letters are arrived from the Brazils to the 21st June. The following is an extract from one dated Ceara:--" Business is very dull here in consequence of the scarcity of farinba. Peop'e are literally dying daily for want of food ; others manage to suppatt an existence by eating bark and the roots of trees. We were in hopes of receiving assistance from Maranham and Pei a, but have just learnt by letters from thence, that the Government has prohibited farther exportation from those parts, fearing like evils may befal them." Letters from Lima, to the 6th of Apt il, have been re ceived. Up to that date co impression had been made by the blockading force on the fortress of Callao.. The trenches had been opened at the distance of about a mile from the town, and a :mast fire was maintained, which, however, was answer d with nearly equal spirit on the part of . the besiged. The rumour of an offer having been made to capitulate is not adverted to in these levet s. The public should be cautioned against two men in the garb of sailots,• who call at respectable houses, pretending they are just arrived from Madras or Bom bay by the Britannia, and that there are some cases of goods by her consigned to the party at whose house they call, but that they have lost. the -letter funs the Captain, ace. and to carry on the deception, beg they may have a letter to chew him to prove they have de livered the message. These fellows gent rally apply-to people connected with India, and their business being plausible, are admitted into houses, entertaindid, and, too often, have money given them, upon the assurance that " Poor Jack has not a shot in the locker to carry him back to Blackwall." There is little doubt ibis ob- ject of these villains is to tob if an o?portuni y offers, and the public should be on their guard. Twc tempts thus to impose were made yesterday in neighbourhood of Croyd n, bit. failed in both inst.mccs. T T~ ~. to at- in the :Ances.