Star. — London, England, 1820-12-13 00:00:00

i ..at 1 ~ ~'. I : j .1 ' 'LAIC' iIh'ELLIGENCE. COURT OF JONG'S BENCH. DECEMBER 12. DENNIS V. TALBOT. This was an action of trespass for breaking and entering the plaintiff's dwelling-house on the <2d of June last, in the Parish of St. Matthew, Bethnal green, and assaulting, and falsely imprisoning .his person fdr the space of three days. The defendant pleaded a justification, that the plaintiff, at the period in question, was a lunatic, and unfit to have the management of his own affairs. The case proved on the part of the plaintiff was in substance this :—The plaintiff was a young Gen tleman, brought up to the profession of the law, in the office of Mr. Thomas Nathaniel Williams, a re spectable Solicitor, and one of the Attornies of the Lord Mayes Court, who, in consideration of the plaintiff's faithful services and ability, articled him without a premium, and, after the expiration of his articles, admitted him to a full partnership in the Chancery and Common Law departments of his office. In May, 1819, the plaintiff, in consevence of close application to business, was afflicted with a nervous fever, which ultimately terminated in lunacy, which bereft him of sanity fur several weeks, during which he was attended by a Medical Professor, named Salmon, now deceased, and taken care of by two keepers, servants of the defendant, who keeps a licensed Lunatic Asylum, at Bethnal-green. When the plaintiff recovered, his partnership with Mr. Williams was dissolved, and he went with his mother to the sea-side fur the benefit of his health. His mental faculties seemed to be perfectly restored, and he applied with great assiduity to the winding up the accounts between himself and his partner.— Shortly after the dissolution of the partnership, he acquired considerable property by the death of a brother, and, on the decease of his mother, at the close of 1819, his property was greatly augmented. He commence,' housekeeping in Bethnal-green, close to the defendant's house; but finding that his bodily health was still infirm, in the month of June, in the present year, he determined to sell his property, and travel on the Continent. His next of kin was a per son of his own name, a half uncle, who carried on the business of a bricklayer, and was in needy cir cumstances. This person was employed to collect rents both for the plaintiff and the defendant, who appeared to'be on intimate and friendly terms with the plaintiff, so muds so, that the latter was the re ceiver of his rents when collected by Dennis the uncle. It was proved that the plaintiff, from his ear liest infancy, had an uncommon fondness for fire works and fire-arms—that when he used to go from Bethnal-green to his partner's office in London, he used to carry loaded pistols about him for protec tion, part of his road being considered lonely and dangerous at nights ; and that for amusement, he frequently let off fire-works and discharged fire-arms in the garden at the back of his house. On the 2d of June last, the defendant sent two keepers to the plaintiff's house for the purpose of securing his fire arms, the plaintiff being then absent from home. The arms were secured, and the keepers waited in the house until the return of the plaintiff, who had been spending the day out. When he returned, he was immediately secured by the keepers, who told him that they had orders to confine him to his house, in consequence of the derangement of his intellects. Next day he was visited by Mr. Salmon, who was with him for about twenty minutes, and then certi fied to the defendant that he was a person fit to be put under restraint. The plaintiff being surprised at this extraordinary proceeding contrived to write two letters, one to his further partner, and the other to a young Gentleman who had served his clerkship with Mr. Williams, desiring them to call upon him. They accordingly did call, and Mr. Williams immediately expressed his indignation at the defendant's apparently unjustifiable conduct. He waited upon the defendant to know the cause of this pioceeding, and demanded by what authority he had sent the keepers into the plaintiff's house? The defendant hesitated a good deal, and at length said he had a written authority for the proceeding, which he declined to produce. Being asked what acts of lunacy were imputed to the plaintiff to justify such conduct? he said, that he had been firing a pistol in the garden behind his house, whirl' alarmed his neighbours; that he had been laughing at the Jews' Chapel; and that he had been shooting at a chimney-pot. These supposed, acts of lunacy were explained in this way :—a day or two before the 2d of June, the plaintiff and a young friend of his had been trying a pistol in the garden of his house, by firing at a mark, the latter intending to buy the pistol; a considerable time be fore the 2d of June, the plaintiff, who had been a constant attendant at the Jews Chapel, in Bethnal green, happened to be present one Sunday when some books fell from :tr. eminence upon the heads of the congregation, which produced a laugh ; and at an equally distant period, when the plaintiff's uncle com plained of the want of work, the plaintiff, out of fun, shot several bullets from a cross-bow, at a chimney pot, saying, that he would find him work by break ing the pot. Mr. Williams, finding that he could get no satisfactory explanation from the defendant, returned to the plaintiff, and desired him to keep himself quiet, cool, and collected, until he should see justice done him. He was going away, when he heard that four Doctors were coming to the house to inquire into the plaintiff's case; upon which, he staid to receive Dr. Powell, Dr. Dunstan, Mr. Salmon, and Mr. Warburton, the Keeper of a Lunatic Asy lum at Hackney. The moment these Gentlemen ar rived, Mr. Williams, with considerable vehemence, demanded their names, their business, what brought them there, threatened actions of trespass, and de sired them to be gone about their business, suffering only one question to be put to the plaintiff. These tientlemen were accordingly compelled to retire without effecting the object of their visit. A consi derable body of evidence was adduced to shew that the plaintiff, for several months prior to the 2d of Julie, and down to the present moment, was of per fectly sane mind and sound understanding. On the 2d of June, he had written several letters on business, in the most perfect and collected manner. On Sun day evening, the 4th of June,: the keepers demanded some supper of the plaintiff, who declined the re-. quest by saying, that. they were uninvited guests, and they immediately lift the house without assigning any reason for their departure. Under these circum stances the present action was brought. It was sug-. gested, as a motive tor the defendant's conduct, that he had lent himself to certain alleged sinister views, which the plaintiff's uncle had towards his nephew'i property; but there was no direct proof upon this part of the case. The witnesses called in support of the plaintiff's case were, Mr. T. N. Williams, Dr. IPett, a Physician, Mr. Wildeboar a Surgeon, Mr. R. Wolsey, Mr. Edward Boucher, Mr. Burgess, Mr. R. Russell, and Mrs. Harris. Mr. DENMAN addressed the Jury on behalf of the defendant, and Called the following witnesses: Joseph Dennis, half uncle to the plaintiff, stated, that he was employed by the latter to collect his rents. The plaintiff was ill in May, 1819. He vas strapped down to the bed. He asked witness how he was? and he answered very well. That was al: that passed. In October of that year, the plaintiff and his mother went to Margate, and stopped about three weeks. His mother died on the 13th of November in the same year. In March of this year, witness went to plaintiff's house on business. Charlotte Or ton, the servant, was present. The girl was throw ing some cinders on the fire, when the plaintiff put some powder into a fowling-piece, and fired it at her. There might have been shot in it, but he did not know that there was. It frightened him and the girl. He had occasion to go to the plaintiff every week, of a Monday, to carry his money. One morn ing in May, this year, the plaintiff came down stairs with a loaded gun in his hand, and he asked witness where he would have it ? Witness got out of the way of the muzzle; and then the plaintiff said he would open the street door, and see if there were any sparrows. He begged him not lo shoot at the spar rows. He then said, he would shoot a._ the trees, and see how the leaves would fall. Witness begged him not to do so, because it would cause an alarm in the neighbourhood, but he said he would, because g‘ they say I am mad, and rii make them think so."- -He did not fire. He had no coat or waistcoat on. Witness said what he had to say to him, and then went away. This was either on a Tuesday or Wed nesday, about the beginning of May, or it might be about the middle. The impression on witness's own, mind, from what he saw, was, that the plaintiff was a deranged man. Witness applied to Mr. Salmon, knowing that that Gentleman had attended the plain tiff in his former illness. He applied to Mr. Salmon about the Ist of June. Recollects that in the month of May, about the beginning, the plaintiff fired twelve shots, from a cross-bow across the green, at a chim ney pot. It was a paddock, or green field, facing his door. Some hit the chimney, others went over the house towards the foot-path. They were leaden bul lets, about the size of a marble. He said he did this to make witness a job, he being in the bricklaying line. Saw Mr. Salmon at Mr. Talbot's, and told him the circumstances as they occurred. He asked him what was the best way to take care of him, to see that he did no violence to himself or any body else ? - Mr. Salmon said he would not do anything until the firearms were removed- from the plaintiff's presence, so that he could not get at them. In consequence of that witness told Mr. Talbot, and it was agreed to send some men to set the fire-arms and put them away when the plaintiff was out. Some men were accordingly sent on the Friday evening, 23 of June, the same day he had so spoken to Mr. Talbot. Wit ness told the latter when the plaintiff went out.— Witness told the defendant that he believed the plain tiff to be insane. Cross-examined. —Witness was a bricklayer by trade, and had collected rents both for the plaintiff and the defendant. The rents of the latter were handed over to the plaintiff. Those rents were col lected up to this affair. He now collected rents for the defendant, but had received notice from the plain tiff that he should not collect for him any longer after this affair. Did not recollect, to his knowledge, saying to Mrs. Harris, or anybody else, that he had nothing to do with this business, but that it was all the defendant's affair. Might have said so to Mr. Wolsey, because that Gentleman conducted himself in such a manner that he was afraid for his life, and therefore he could not recollect what he might have said. Did not recollect saying anything of that kind to Mr. Roupell, or Mr. Boucher ; in fact, did not say so in the presence of either of those Gentlemen. Might have said so to Mr. Wolsey. He knew that the plaintiff had been in partnership with Mr. Wil liams. Witness was the only nest of kin to the plaintiff. " We were all the same family by three mothers !"—(Laughter). Dr. Powell, Secretary to the Commission for visit ing Lunatic Asylums, under the Act for regulating Madhouses, said he knew the defendant's receptacle at Bethnal Green. Had known him there as long as twenty years. Should not know the plaintiff it he saw him now, but went to his house on Sunday, the 4th of June, at the request of the defendant. Went with Mr.Warburton, Mr. Dunstan, and Mr. Salmon. The two latter Gentlemen were in partnership. Mr. Salmon is dead within a few months. They went into a parlour, where the plaintiff was sitting at a desk with law papers before him ; there were two other Gentlemen, Mr. Williams and Mr. Wolsey, with him, and the keeper. Witness went for the purpose of inquiring into the state of the plaintiff's mind, and began so to do, but was immediately interrupted and frightened by Mr. Williams, though his nerves were pretty strong, but had not been in the habit of experiencing such a reception as Mr. Williams gave him, who came down upon him with all the legal artillery of trespasses, indictments, and prosecutions; asked him who he was ? took down his name, and prohibited the plaintiff from giving any answer to any inquiries, the plaintiff appearing to stand in con siderable awe of Mr. Williams. In consequence of this, witness thought it his immediate duty to with draw, having no with to interfere, and having no in terest upon the subject, and was indeed very glad to get away. He had not the least opportunity of form ing any judgment as to the state of the plaintiff's ' mind. So placid and quiet are lunatics at times, that it would require many hours to make out a case of insanity. The CHIEF JUSTICE said, it was an unfortunate circumstance in the case that Mr. Salmon was dead. Thomas Dolby, one of the defendant's servants, as a keeper, for fourteen years, had been in the habit of attending insane persons at their own houses. In May, 1819, attended . the plaintiff at his brother's house, and had him under his care for some time. He had overtaken the plaintiff in Bishopszate-street, with a sword-stick in his hand ; told him that Mr. Talbot wished to speakto him on particular business; the plaintiff went to his office, and returned with wit ness to Mr. Dennis's house. The mother was in the room at the time, and took the sword-stick from him, and put away the fire-arms which were then in the room. The plaintiff fell down upon his knees, and began to pray. He was afterwards under witness s care, and was very violent indeed. He attempted to jump out of the window, having got loose from his bed. He raved a great deal, and - was consider ably agitated in his mind ; and was, in short, raving mad. It was religious madness. Asked frequently for the Bible to pray, as he had done wrong. On the 2d of June, of this year, in the evening, witness went to the plaintiff's house, by orders of the defend ant and the plaintiff's uncle. The plaintiff was not then at home, and witness took away a gun and a pistol ; the former was loaded with powder and shot. The plaintiff came home at ten at night ; he had some gun-powder in his pocket ; it was about a pound, in a flask : he laid it down on the table, and witness took it away and locked it up. The door was locked against him that night, and next morn ing he appeared to be a good deal agitated. Mr. Salmon came that day, and staid about ten minutes. Mr. Salmon desired witness and the other man to stop. Remembered Mr. Williams coming in the af ternoon, and he appeared to be in a great passion, and wanted to know their business. They would not tell him, further than that they had orders to stay. — Mr. Williams came again in the evening with another Gentleman. Mr. Wolsey was there at the time whirr, Mr. Williams first came. Left the plaintiff's house on Sunday evening, with the other keeper. From what witness saw, his opinion was, that the plaintiff's mind was in a flighty, agitated state. Cross-examined.—Mr. Salmon was the partner of Mr. Dunstan, who was son-in-law to Mr. Warbur ton, the principal of the defendant. Plaintiff was very flighty. Did not say to Mr. Williams, that he did not dare give any opinion upon the subject, for it was as much as his place was worth. He did say it was no business of his to give any opinion. Did not say, in answer to a question from Mr. Williams, that he must confess he did not see any acts of in sanity in the plaintiff's conduct. Did not say to Mr. Boucher, that he was in a sad scrape for what he had done, or that he was in a shocking plight, and was afraid he should be imprisoned next, nor any thing like it. John Foot, the other keeper, spoke to the same effect as the last witness, with respect to being at the plaintiff's house last June. In witness'sjudgment, the plaintiff was not of sound mind. lle was very much agitated, and threatened to shoot witness and his companion, if he could lay hold of his fire-arms. Mr. Salmon staid about 20 minutes with the plaintiff. Cross-examined.—The threat to shoot was on Sa turday, the Sd of June last, in the garden. He was very violent from the time witness came into the house, until he left on the Sunday night, as often as he saw him. Could not say that he observed any particular acts of insanity: he was muttering and speaking to himself. Did not discover his insanity until the Saturday ; not on the Friday, though he thought he was insane at that time. Plaintiff was not violent on Sunday evening, when he left him.— Remembered asking the plaintiff for some supper that night. They went away of their own accord, James Type spoke to the plaintiff's insanity in May, 1819, having been employed as one of his keepers.: he was with him three months, the plaintiff was extremely violent; he used to speak of evil spirits that were coming for him, and said he should ''ke to be saved. Mr. Salmon's certificate of the plaintiff's insanity, dated the 3d of June, was then tendered in evidence. The plaintiff's Counsel objected that this piece of evidence could not be received. The trespass was alleged to have taken place on the 2d of June, whereas the certificate was dated on the 3d of June, after the trespass. There was no proof that it existed before the trespass. The objection was, however waved. It was proved that Mr. Salmon was the Visiting Sur geon of the defendant's house; it was a lucrative em ployment. The defendant's case here closed. The SOLICITOR-GENERAL then addressed the Jury for the defence. _ The CmtEir JOsTicz summed up the case for the Jury with great minuteness and impartiality. The Jury retired for about half an hour, and found a verdict for the plaintiff—Damages, £3OO. OLD BAILEY, DECEMBER 12. A. Hemingway was indicted for breaking into the Church of Enfield, and stealing 40 yards of black cloth, the property of the Executors of the late Earl of Lisburne, and a surplice, the property of the Churchwardens.—(T. Webb was executed yesterday se'nnight, for being a partaker in the same offence). The prisoner was apprehended subsequently. In his, defence, he declared that he was innocent, and at tempted to prove an alibi, but failed. A number of witnesses gave him a good character. The Jury, after retiring for a quarter of an hour, pronounced a verdict of Guilty—Death. Caroline 111‘Donald, aged only 17, waz tiied for stealing a large quantity of wearing apparel, the pro perty of John Williams, in a dwelling-house.— Guilty—Death. The Jury recommended her strongly to mercy. _ _ _ Mr. Justice BAYLEY—" I will take care the recom mendation shall have every effect given to it ; and I have no doubt that the Royal mercy will be extended to this unhappy girl." Catherine and Mary Baker, two profligate women,' were • indicted for assaulting F. W. Pickering, in a dwelling-house, and taking a hat and half a crown from his person. The prosecutor, a miserable-looking man, was dragged by one of the prisoners. into an infamous house, in Vine -street, Chandos-street, where she was joined by the other prisoner, and he was severely beaten, plundered of his hat and money, and precipitated from a window on the second floor into the street. The hurts that he received were so severe, that his life was for some time in danger.— When called upon to speak to the identity of the, prisoners, the prosecutor declared, that in conse quence of the bruises on his head, his senses had been so confused, that he could not, at this period, speak positively to the prisoners. His recollection had alniost entirely failed him, 'Elie, prisoners were of course acquitted; and Mr. Justice BAYLEY refused to allow the prosecutor his expenses. It shonld be stated, that the prosecutor, when at the Polk( e, in Bow-street, swore most positively to the pi itottcz MIDDLESEX SESSIONS. Yesterday the Court was occupied dining a gre a t part of the day in trying cases of petty larceny. John Littleton was indicted for an assault on Tho mas Ashfield, the owner of some cottages in d:e Edgeware-:.oad.—The defendant in this car! Was a craftsman in the lowly walk of a cobbler. lie tended lustily that he ought not to be tiled upea charge, inasmuch as be had been brout op before for the same offence, and discharged, a flaw havitz been found in the indictment. His ob:ection,_he- ever, was over-ruled by the Court, and h Vas •'!!:;g'• to await the decree of justice.—The . that in an evil hour Le had the misfortur,e to le:. c: of his cottages to the defendant, who rimed cot - most refractory tenant, refusing to pay h:s resign the premises. Finding, howeve-, that z!.e plaintiff was determined to eject him, Crisrix reso 3 .ved not to be taken by surptize, 2.nd navii fortis:- 4 .. his dw,.:ling with all the art *- an expel encea tactician, challenged the landlord'to itfte..'.. '- open at his peril, exclaiming from one 'of his "or kolcst, " D—n you, I'll let you see that every lishman's house is his cantle, I will, you twonlytr-- . In order that he might not suffer in h:s tiaL:e .x!-I.! e barricadoed, his next stop was to take three p:wc, rt glass out of the uindow, and any person were, stool in need of his services had only to thrust in his while the frail shoe or boot being thus conveyc..t to the cobbler,. the customer tcmained outside till z.::e job was dyne. lle had certain out-scout:, who re.,-;n lady apprized him of the movements of the enemy, and procured hint provisions. Insthis manner he con tinued for some time to laugh at his landlord, and crack jokes nt his expme with every passing stranger whom he hailed to his window ; but, at length, the vigilance of the plaintiff procured him admission, and the audacious cobbler was obliged to capitulate, though not before he effected tremendous execution within the walls of his fortress. The moment he found himself surprized, he seized the landlord by the legs, and threw him sprawling on the floor, with out waiting to see the warrant that sanctioned his in trusion. He then took his hammer, and began to break all his furniture in pieces, lest it should be sold in discharge of his.l cot . ; and the havoc among plates, platters, and other culinary utensils, will not soon be forgotten in the neighbourhood. The landlord fin ing the work of destruction going on, even to the most minute article, resolved to lend a hand himself, from a feeling of indignant vengeance against his. unruly tenant. He therefore seized a broom-stick, and soon demolished everything that had escaped the enraged cobbler. Some persons then interfered, and both parties quitted the scene of action, each ex ulting at his own prowess. The cobbler, in his defence, denied'altogether the fact of the assault, but the Jury found bim Guilty. The CHAIRMAN said, that under all th 2 circum stances of the case, the Court felt disposed to deal leniently with him, taking into consideration what he had already suffered in having been brought up last Sessions upon a charge connected with the pre sent indictment. The sentence upon him therefore was, that he be fined one shilling and discharged, having previously entered into recognizances in the amount of-1210," to keep the peace towards the plain tiff. The cobbler then paid the shilling, and sh.e king his red head at the Court, as an apology for a Low, retired from the Bar. BIRTHS. Monday, Mrs. Blanchard, wife of Mr. Blanchard, of Covent- Garden Theatre, of a son, At their house is Great Queen-street, Lincoln's-inn-fields. Saturday, the wife of Mr. C. Few, of Covent-garden, soli citor, of a son. MARRIED. Tuesday se'nnight, in Leeds, the Rev. T. Hawkins, of War ley, near Halifax, to Mrs. A. Thackarah, of Clayton in the West, near Barnsley. Tuesday se'nnight, at St. Olave's Marygate, Thomas Dowker, F.sq. of the Manor Cottage, West I luntington, to . Josse, eldest daughter of the Rev. H. Kitchingman, of Clifton, mar York. At Edinburgh, the 14th ult. the Rev. ltobert Young, Minister of the Episcopal Chapel of St. Andrew's, to Alargaret, second daughter of the late Vnt. Dawson, EN. of Gradent. Lately, George Burdon, Esq. of Trinity College, Cambridge, to Elitabeth, only slaughter of tilt: late H. T. Pe..rtth, Esq. of Heddon House, Northuinberland. Friday se'nnight, Molyneux Slinklham, Fsq. RN. to Frances fourth daughter of the Rev. N. T. 0. Leman, of Bamptou Suffolk. At Eyemouth, on the 6th inst. Dr. Andrew Kenney, physi cian, Editiburgh, to Elizabeth, only daughter of Charles Wight. man, Esq. of Tobago. At Bath, Captain Seward, R.N. to Mrs. Knight, widow of the late Captain Knight. DIED. At Balcarras, in Weshire, Anne, Countess of Balcarras, in the 93d year of her age. Dec. 3, at Hastings, Frances Cairnes, Cosine's of Clare mont, in the 87th year of her ace. Last week, in the Cloisters of Windsor Castle, in the €3d year of his age, Dr. W. Clarke, f9rnlerly an admired singer of sacred music, and a great favourite of his late Majesty. Dr. Clarke was Senior "Alinor Canon of St. George's Chapel, and of t. Paul's Cathedral, Priest of the Chapel Royal, Vicar of NVilride: , , and of the united Parishes of Langley and Wyrardishury. Nov. 30, at his house in Great Ormond -street, the Ikv. Daniel Duff, A.M. late cf Salvador House, Tooting. Nov. 29, Miss 1)ow, eldest daughter of the Rev. Roirert Do;e, Minister of Ardrossan. Nov. t. , 3, at Aberdeen, the Dowager Lady Bannerman, in her 77th year. Dec. 3, at kris°, Miss Thrion Paton, daughter of the late Rev. Wm. Paton, :Minister of the Gospel at Eekford. Lately, in one of I)uvy's Alms-houses, Exeter, ilary aced 100; six months afttr the death of her sister, in the house, Elizabeth Heath, ag.:(l 103. Nov. '25, Lieut.-Colonel Robert Sacheverell Newton, of FA well :louse, Nottinghamshire. llc had visited that part o; tiv countr in perfect health, tis ray the last tribute of respesl his f.ither, the law John N;:wwn. Esq. whose death wok p.-=z , a fortnight and whose remains were interred in the isulL:f vault, at Bulwell, on Sunday senulght. MM LS THIS DAY:-..-A RR. DL?. 1 p Waterfurd 2 0 1 _ _ Guerf,sey and Jersey 0 1 Holland 0 1 Flamler& 0 0 Jamaica 0 - 0 Leeward Islands 0 0 H 1G WV" A TEll at LON: DONT °GE TO-MOIIIIO T S. Morning * - 51 minutes after it A tternoon . 9 LONDON- i'rlntrd and pi:bin:bed by Laviti. N 4041, 113j.t, 1.,eg0 •RII. of G Lisboa 0 1 lc nce I 0 I lainburgh 0 4 G otten buret 0 2 Malta 0 0 New-York 0 • 0