The Sun. — London, England, 1829-12-24 00:00:00

another Ministry would not possess the: confi dence of Parliament, and that more him than good would result from the change. Political fear, however, is quite distinct from personal thraldom, which carries absurdity on the face of it. Lord Sidmouth, between whose 'cast- of mind and that of Sir James Scarlett, there seems a good deal of similarity, conceived that the licence of preaching was carried too far in this country ; and in order that the good preachers of the Gospel might not be brought into dis credit by the bad, he proposed to subject the pulpit to certain restraints. He reasoned like Sir James, that the hearers of a minister gene- rally took their creed from him ; and as when Thinking men heard Ministers improperly qualified deliver absurdities to their flocks, which the latter implicitely swallowed, all Ministers what - ever were held in discredit by them, In spite, however, of the ravings of Johanna Southcote, ' and many other teachers of the same kidney, the -.nation did not appear to relish this Ministerial -,,n - eide of purifying the Pulpit, and the attempt was abandoned. It would, no doubt, be very advantageous to have nothing but absolute wis dom from the Pulpit, and it would be equally advanta /eons to have nothing but absolute wisdom from the Press; but even in the glorious days of Addison and Sir Richard Steele, to which Sir James Scarlett referred us, there was abundance both of factious and absurd writing, and there were Attorney-Generals of that day to bring an abler and more ingenious man than either of them to the pillory. The age of Ad dison was also the age of John Dunton, and many where, of the same kidney ; so the glori ous system of coercion on which the Attorney- General relies for the improvement of the Press, does not seem to have been then productive of Fo much good as he would have us to believe it is oow calculated to produce. There ought un querstiorrably to be limits set to the circulation of slander egainst individuals ; but who is there who can allow himself seriously to believe that the so called libel on his Majesty amounted to slander in any sense, either against his Majesty or his Majesty's Ministers ? The paragraph is the production of a writer who, at the time, was eii4ently above descending to the humble consideration of the consistency of what he was writing. But, good God, what a remedy I The next libel, as it is called, is charged with bringing Ministers and the House. of Commons into contempt. Alas ! that we should fall on t i mes :ellen the Ministry can see no other way of securing themselves from the effect of such writing, but bringing the writers before a Jure. " I may he mention it as a fact (said Sir James Scarlett), that during the period that Ow question was before Parliament, full and un bosi-A:Jed license was given to the Press—no notice eras taken of the most virulent and bit• ter attacks which issued from it. The motives of public men were calumniated, private charac ter was assailed, and the libellers were suffered to go unpunished. When, however, the Bill had p a ssed into a law, forbearance 01114 no longer be e xercised, and I have now laid before you a s p ee ii ae it of the mode in which some writers could continue political discussion." And why can forbearance no longer be exercised ? Be cause the period of .eacitement being over, the public would be indifferent to the unseasonable attempts ? Or because, thou& the attempts would now produce little effect, they afforded 3 handle for paying off old scores? Indeed, ins aced, Sir James, this is a wretched excuse for a course of policy unworthy of any administration, and a very - different course from that which, under a former Administration, concerted both Oppo position and Opposition writers ilito approvers of the Government. But, perhaps, it is wished to have an Opposition. No doubt an Attorneys General will make bitneelf more talked of by treading in the steps of Gibbs; And Percival than dial Copley. But it will be seen whether Mi nisters will gain by what makes their eervent.— Morning Chronicle. The Proprietors of this Journal, as will be seen by the reports of the trials, have been found guilty before three several Juries of publishing libels having tendency to bring his Majesty and his Majesty's Government into contempt. We must, therefore, how to the decision of these Juries, and abide the coaaseq.ucices of the judg ments of the Court. But what a lesetan do these proceedings teach to the nation et large ! We have before expressed our opinion es to tilae increase of arbitrary power and oppressive mea sures, instituted by an imperious Minister, a liberal Government, and conducted by a Whig Attorney-General ; but these trials—theserusade .against the public journals—prove to demon eassition that vindictive prosecutions arc . the telexes resorted to to stifle public opinion, and eceituse the press of this once free country to the quiescent, convenient, and degradinz jevel of the journals in the most arbitrary Statze of, Europe. To the eternal disgrace of English Lw and English liberty, truth—the sacred truth —is declared to be a libel, But it is not the truth only which in these liberal times is de clared to be libellous. Strictures on public measures directed against men who are die , servants of the State, and who for these services are paid salaries out of the taxes of a cruelly oppressed and embarrassed people —these strictures and censures are 11614' to be pinhibited. Fine and imprisonment—cold water Intl a dungeon—are hereafter to be the correctives of honest, manly, and indspendent opinions, aria twthing is to be tolerated but the slavering panegy‘ers of courtly scribes and the paltry minions of the Treasury. The Duke of Wellington and his needy adherents are to be held sacred in public opinion at tlaa hazard of mulct and incarceration. No opinion is La he passed upon his consistency, his piety, his chas tity, his honesty, or his patriotism. Even his virtues must not he praised lest the should entertain an idea that these compliments are iro mita, We must all bend before the Image of iron spoken of by Daniel, the Pessphet, and Daniel, the llaember for Clare. It it nssly declared to be law, even by Lord Tenterden, that all animadversion ppon the good or bad measures of the Miruster,all opposition to his plans—all reprehension icof Pl 3 po licy—all honest doubts as to his wi..4i,oxr.f—, are dangerous libels having a tendency to bring his Majesty's Government into contempt. — Good heaven! is it in England that these sen timents are recorded as being founded upon the pure and equitable law of the land 4 beggar is not to be called a beggar, a bankrupt is no,t to be called a bankrupt, the necessities of a needy Judge are not to be spoken of, execu tions and distraints in houses of official men are not to be alluded to in the most distant manner, the poor only are to be laughed at, the unpro tected only are to be condemned, apostacy is ; word which it is deemed criminal to pronounce, or, if you do, certain bankers will be called upon to convict you as a libeller and a political felon. The present proceedings may be taken . as a fair specimen of the anxiety and exertions the present Government to enforce these new and most liberal opinions. Think only of the array of legal talent congregated on one bench to obtain tire conviction of one man ! How degrading to see an Attorney-General sneer ing at the birth-place of an humble defendant, merely because he had the misfortune to be a native of Scotland ! And yet the man who in dulged in this mean and dishonourable sneer is himself a West Indian Creole, whose notions of liberty were inspired by the cracks of a whip in Jamaica, whose Opinions are emanations of the slave code, whose ideas of moderation are limited to the stocks, and a constitutional flogging for nine successive mornings—to hear this man sneering, in the most vulgar tone, about the nativity of any man is enough to make a dark slave-woman pale, and a white man black as the face of his African ancestors. But let us look at the grand legal array. On these pro ceedings there were congregated on the side of the Crown— Sir JAMES SCARLETT, Attorney-General. Sir EDWARD SUGDEN, Solicitor-General. Mr. GURNEY, tie elder, King's Counsel. Mr. 'Unity BitouGuam, King's Counsel. Mr. Atnzusox. Mr. WIGHTUAN. Only look at this list, curious reader ! Mr. Gurney assisting Mr. Scarlett—Mr. Brougham retained for the Crown—Sir Edward Sugden retained for himself, and required to give evi dence in behalf of the Solicitor-General. The first-mentioned venerable and disc7eet personage holding up the tail of the garment of the Attor ney-General, who can undoubtedly procure briefs for his amiable and Learned Son ! What was he doing there ? Had he no grand-children to nurse—no coterie of old women to lecture —no psalmody to grind to grey maidens at a love-feast ? Of what utility were his nods and smiles—his rudeness and his roughness—his notes of advice, his looks of censure, and his bows of satisfaction and self-sufficiency ? Pshaw ! —they were sickening ! Then, again, was the late Queen's Attorney-General, with his silk gown and his patent of precedency. Mr. Brougham never appeared. in so humbling a position. Did he appear as the King's advocate ? No, no ; he felt all the embarrassment of his situation. His pride recoiled from the task. The patronage of Sir James Scarlett was wormwood to his ambition. The visions of former scenes, of nobler sentiments, of prouder days, of better feelings, of more empassioned and independent sentiments, fleeted past a . mind naturally honour able and sensitive. He was in a new and an unhappy position, and was much more an ob ject of pity to his friends than of condemnation by his enemies. His private sentiments were on our side—his declared and oft-repeated senti tnents are with us—and it was therefore painful to see him, who had himself professionally libelled and vilified his Majesty, in the ranks of those who, from the most pule and virtuous mo tives, were the guardians of the Court, and the censors of pretended attacks upon the King and his Ministers. When so many learned persons ware filed together in such a cause, the object of which was the ruin of one humble and ob scnre individual, what must we think of the inherent strength, the invulnerable cha racter, and the just and beneficial mea sures of the Members of the Government? Alas! alas ! there never was stiCh an exhibition in a court of justice. The times have undergone a changes, indeed, when so much learning and talent are required to accomplish the ruin of the conductor of a newspaper, This we fear will prove a fatal blow to the liberty of the press. It would he much better to establish a censorship at once. It would be much better to confine public opinion to the club-houses and coffee rooms, ai - 4; het public indignation have vent in oral essays in pr4r,ence to written or printed disquisitions. the liberty of the press is at an end ; and so are all the rights and privileges of the people unless a speedy and an entire change take p!Acs. in his Majesty's advisers.—Morning Journal. Want of space prevents us to: clay from com menting at length upon the cases of political libel which, at a time that all the interests of the country arcpinking under the pressure of un exampled distress, agf...ifi chiefly to occupy the at tention of Government, Such number of ex officio informations against the Press ar k : likely to fix upon a professedly " Liberal" Govern .llo stigma of more illiberal hostility to free opinion tirap has distinguished any of their pre decessors since the IJ..evolution. Such proceed ings may end in the ruin pf , few individuals, but can be of no public bet:at wh4tcv&r, T4Y will not tend to retrieve for the country a parr tide of ai!rtt prosperity which it has lost ; they will not alieviac the sense of suffering among dl the industrious class:.;, pf the community ; they will not impress the public higher rrotion of the political virtues, capacity, or .14,5.- • ( loin ,!As Majesty's Ministers than they before entertained, We re sorry that the Statesmen of the " age of interte4" do tot show more magnanimity of character gpse of less enlightened times. When Frederick Litz g,;i-.373t of Prussia had his attention directed to a gross libel upon himself, which was fixed rather high upon 'his Pql:rce-gate, he ordered it to he placed lower that it migN; PArg easily be read by his subjects. What was the c9ris.eitieuce ? libel soon passed into oblivion, but the moral dignity of the action will never be for gotten. Thus (1,9 - , a great mind turn calumny itself to the advantage .91 its glory. Coarse and violent attar s upon public ,charac l ter er..g injure no reputation that is worth preserving. Bitterly and severely was Marll orouo maligned by hostile Press in the evening of his gtoil t on# fig was charged not with ambition—the crirfte or the aitAip of noble minds—he was accused of venality and peculation. He disdained to place the reputation - of 4:14 conqueror of the “Ouse of Bourbon under the prOfect'ikir of the shield of -onal law. A time of reflection; an4l, an hour :of iust,i9, came ; his innocence was rudie apparent ; not ,Opon ` records of a Cri minal Cowl, but the . tabletopf histool,;: r 9 whose tribunal he dici'na vai7.ly anpeal. Hp did not, give his eager and malicious pgemies the ad vantage of exciting public sympathy by uspptlpl; pp.:Y;ation.. It was enough for him that he was cons4o,w . thr?purity of his fame would survive the malice a oi§; t,-..?„l4gmistors. It did so, and his triumph was compete, pecause it was not vindictive. It was a moral Ncfory k .cl i ki . ned by reason, and consecrated by the veidict of' put4jc I : ci, - , , illion.—Morning Herald. _ Yester,4,y !)3s Majesty's Attorney-General re s: nnecl his prgseeutic; 9f the Morning Journal, the Editor, the Proprietor, ,4. - .7d the Publisher of which were again found guilt,y s,,f two ad ditional libels ! We Mentioned yesterday Alat the high character of the Lord Chancellor ought io )have,si:ielded him from any evil consequences which the libel upon him in the Morning Journal was calculated to produce—for we do not deny that it was a libel, according to the most approved interpretation of the law—and we shall observe of the second prosecution that but for the concomitant circumstance of the first verdict, it could not have been construed into a libel. The Jury seems to have par ticipated in this sentiment ; for after. be tween two and three hours' deliberation, it found " the defendants Guilty of a libel upon his Majesty, but Not Guilty of a libel on his Majesty's Ministers ; and the Jury take this opportunity of strongly recommending the de fendants to the merciful consideration of the Court, as they are unanimously of opinion, that the libel was written at a period of strong public excitement." From this verdict Sir James Scarlett might have taken a hint that so many prosecutions against the same Paper, and against the same parties, -vere by no means likely to be well received by the public ; but no !—he immediately brought the defen dants to trial on a third indictment—and again they were found guilty ! What is the meaning, let us ask, of such determination to interfere with the Liberty of the Press ? Could his Majesty suffer in character from a paragraph such as that which formed the ground of the ex officio information ? Is the Duke of Wellington so unpopular that every squib that is fired off at him must be taken notice of lest worse things should be said of him ? We be lieve neither the one nor the other, and we think, in consequence, that little service has been rendered either to his Majesty, or his Ma jesty's Government, by such proceedings—that the effect of the trials will be to prejudice the mind of the public against both—and that the general opinion will be, that the greatest right enjoyed by the country—the Liberty of the Press--is one which the present Govern ment does not hold in the greatest possible reverence. Far be such thoughts from us ! We speak of the matter simply as one of po licy ; but we cannot help remarking at the same time, that the present period will be long remembered as one distinguished for ex-officio informations ; and that the Govern ment of the Duke of Wellington might well have been distinguished by much nobler recol lections. The ex-officio mode of proceeding. against newspapers, for libels, has been often de precated by the wisest and the best lawyers whom the country. has ever known ; and we consider it peculiarly unfortunate that it should have been reserved for the Government of the Duke of Wellington to be distinguished by so many un popular acts of this kind. In the most perilous times, during the last half century, the Law Officers of the Crown had scarcely ever recourse to such procedure, but merely left the law to take its ordinary course, from a conviction of its unpopularity. During the period that Mr. Justice Garrow was Attorney-General he never filed an ex-officio information, though often recommended to do so by busy political meddlers ; nor did he in a single instance prosecute the Press for any libel whatever ; and yet the Press, according to legal phraseology, did not become " licentious"—the Constitution remained unimpaired—the Government secure— and the Sovereign revered and venerated ! It is rather a singular coincidence also, that while prosecutions against the Press, for libels, are going on in this country, the Government of the Netherlands are imposing additional restric tions on the Press of that kingdom ; and that the Government of France are pursuing the editors, proprietors, and printers and publishers, of newspapers, not to the death—which they cannot—but to the utmost extent of the law— to fine and to deprivation of personal liberty !. There are such crises--or rather coincidences— in the affairs or history of nations. The Duke of Wellington, we are certain, is no party to such transactions—the Earl of Aberdeen is too liberal and too high-minded, to regard such matters ; and we know no one who has been so much obliged to the Press for his reputation as Sir James Scarlett. Who than, has 'prompted 'hew prosecutions ?—Morning Advertiser. COMMISSION OF LUNACY. (ContinueJ from pgr Paper of yesterday• Now, Gentlemen, for the witnessas that the Counsel for the Commission have called. First, was Mr. Varnham, whose evidence amounted to almost nothing. He talked of excitement, irritation, anti tro forth; but I shall show you that all this i s idle. Ile if44PP4 that Mr. Davies bid ss. at once at an auction, instead of binning with 25., and yet, on cross-exatnination he admitted that if. would have been no we to have begun with 25., for that biddings must have risen above ss. Then came Mr. Hulbert, who admitted that the Tea- Eaehanga wits a complete bear-garden, in which nothing yea n;ote samulon than practical jokes, which tine man will bear and . an ,they ‘: itl 'pot, Yet Mr. Hulbert talked of excitement, and told you that he knew Mr. Davies so well that he remem bered to have dined with him once five years a go .— (4-I,augh.)--Mr. Stirling told you that the conduct of Davitta bi t s rw,ich the same as it had been at other sales,but perhapa a little tnorp agitited, Mr. APCoy tells you that he has seen Mr. Davies six or seven tia4S. that he was not with him very long at a time, that on one occasion he reccllects to have been with him the wboLa of ten minutes, but that on the other occa sions he ne longer than five minutes. Then came Mr. Piper, WhO toi y - ? 4 Etory about Mr. Davies being alamed at a cart and a %Into horse. This unaccountable alarm or terror, as it has been called, was made great use of. It appears to ma, however, that there is nothing extraordinary in it. kr, Dairies was a nervous man, he was no horseman. Dr, 131undell hitiasetf reeended him to buy a horse, and to ride; he was 6'44 41414 the road; a jingling,cart came at a sharp pace after., him, and he was afraid that his horse might be Startie4. ,T!fow 1 know many excellent horsemen, k.-rd . . and as fearlessly as any. get 'he couhtry, but who are so timid ,oir;ilni; p r n the stone,, 1 . - 4 r vicinity of Lofidoh, thaiihri make. , it a rule never to #404.t 4Pisp in qeh 1 3 . 1 a4 1 - Th'ey arc not accustomed to tn6et, to pe.sß, of tope passed by such or so many vehicles on a hard road, „t4olir this is precisely the account which Mr. Darien him- self gave of the transaction yesterday. But to re turn' to Piper : he, after much leading and driving, for' my Leappi Friends tried both modes with their witnesses, '161:1' you tk,;;:, was not safe to trust Mr. Davies with fire-urina; Tiris ;3 C.:-1 61,4 ,c;, - ;,t i ld get oat of Mr. Piper; and what dOesit amount to? Why, that it is not safe to trust a nervous man With such weapons, arul I am perfectly ready tc at, l 4*.t that ii is‘nOt.' 13tit 'docteis are 4: - ..a.4ght here to tell 1;Q.; ap also -- to tell' yOu that ve l hich every man of common sense •knew:e.. Qne wou ld i suppose that these gentlemen wished to monopoltxe all the soundness of intellect as well as the cure of all the unsound intellects. Then we come to David 4on, the 11;1;c-dresser. His great reason for doubt th'e - liitsoya4nes c.f Mr, Davies's mind was, that, Mr, Davies sat with tbe•witide.n , ;:p in the sultry ni.!%.nth of June, owl' that the company at Ep som races pleased hint itittifi, than the races them selves. This worthy person, too, tad you about story which he says Mr. Davies told him. What ' was it ? Mr. Davies saw a lady get out o f h e r carriage and );)oit towards him. What then 2—why rite lady walked way. What next ?—she beckoned her coachman, and then—what ?--she got into her coach again ?—(Laughter.)—Now is L ot this: wonderful story, from one of the most :loquacious and communicative class of his Majesty's subjects ? Then he dealt a great deal in the common Slang or all the witnesses—excitement, irritation, stud the like--and at last he came to the conclusion that Mr. Davies cannot be sane, because he did not happen to have a sixpence in his pocket. Next were called several witness from Furnival's-inn. What were they asked ? Why, whether they would trust Mr. Davies to transact any important business of theirs ? They answered no. But is the sanity of a nervous and irritated man to be proved only by bringing the waiter, the porter, the boots of an inn, to swear that they would be content to trust him with the conduct of their very important concerns ? Is the Guilty of such a man to he established by getting such persons to swear that they would not so trust him ? I hope not—for few angry men will stand such a test. Then there was Mr. Han key. Now I beg you to recollect, that the case I opened to you was, that Mr. Davies was a ner vous man, a man of peculiar habits and conversa tion. Mr. Mulkey knew nothing about the charac ter of Mr. Davies, and he therefore comes under the class of ignorant and incapable witnesses. At what time does he see Mr. Davies ? Why at a time when he is hurried and irritated—at a time when his mother has just raised a suspicion of his sanity. Coming front the excitement of the tea exchange into Mr. Hankey's banking-house, his cheque is refused. He sees the clerk and the cashier whispering together. What could be ex pected from a man so situated ? Announced as a madman, with the terrors of a lunatic asylum before his eyes, with his credit as a tradesman blasted by the refusal of his cheque—in this condition he goes into Mr. Hankey's room. He takes hold of Mr. Mulkey to prevent that gentleman going out : he says " I beg that you will stay and hear me; I must have some conversation with you;" and this it is which Mr. Hankey exaggerates into a forcible hold ing. Much more might be excused in a man who had so many causes for anger, for irritation, and for excitement. Such, however, is the class of wit nesses produced. If the other side wanted to lay before you all the facts of the case, why did they call such persons, and neglect to call others ? Where is Mr. Lowe? where is young George Bywater? where is Richard Dobson, who was the bearer of all the communications to Portland-place ? Why are not these called ? Their evidence would show that Mr. Davies was capable of managing his own affairs; and there would . be An end of all that reckless dilapidation of Mr. Davies's: property, which, at the rate of scores, I will not say hundreds, has been perpetrated for weeks past, to the astonishment of an indignant public. I say that the persons who have instituted these proceedings, show, by their conduct, that they care nothing about the justice or the fairness of the case. Such, however, shall not be my conduct. I complain that these persons have not been c.illed; but called they shall be, for if you think it necessary to go on, I will call them every one. You shall see the servants, you shall see the clerks of Mr. Davies. They shall tell you what Mr. Davies was; and they shall tell you what difference was apparent in his conduct at another period : they shall account for that differ ence : they shall explain to you that the cause of it is to be found in the unhappy differences that existed between Mr. Davies and Mrs. Bywater. Though my learned friends have ,not enabled you to judge fairly of this case, I will. You will find that Mrs. Bywater has treated her son in a manner which might have been very proper if he had always re mained a child, but which became perfectly intoler able to a man at the head of a large and flourishing business. Power is sweet to man, and not, I be lieve, bitter to women. Whether she was taken with sweets, or whether, for some other reason, she did not choose to relinquish the power she had held, and she continued to exercise it much longer than in proper decency she ought to have attempted to con tinue her reign, I shall now show you that she treated him like a child; that she interfered in every department of the business, except, indeed, that she did not mix in the riot and bustle of the tea-ex change; that she assumed control in all things; that she dismissed his servants without his leave; that she would not allow him even to manage his own pocket money ; that his time was not his own, for that he was obliged to account for every day, nay, for every evening that lie spent from home. In conclusion, she wanted a share of the business, and demanded that she might be taken into the firm; but this Mr. Davies refused. This has been the conduct of Mrs. Bywater; and flans sure you will agree with me, that it is such as no one with the ordinary feelings of a man could or would endure. And if so,—then, I pray you, how near was irritation—at how great a distance was excitement I do not want the opi nion of a mad-doctor on such a subject. I say, that when affection is succeeded by coldness, and by a quarrel, it must be that irritation and 'excitement will ensue. Then followed the proceedings at Crouch-hill and at Portland-place, all of which were the natural. consequences of that exacerbation 'of feeling which I have described. And now I come to Mrs. Brookabank's testimony. I wish to say nothing harsh of her. it may be that the leans towards her sister. [Here the Learned Counsel proseetlad at great length to point out discrepancies in several parts of ?Irsi. -Afoulssisank's evidence, showing, at the same time, that she could know little about Mr. Davie, or his mother's treatment of -him, since she admitted that he had dined at their house only twice in seven years. The Learned Counsel also, after pronotincing a high eulogiorn on the sotid4et of M. Holder, and on the manner in which he had given his evidence, proceeded to speak of . another witness, Mrs. Wardell.] As to Mrs. Wardell, as she is corroborated by no one, let us see how much of her evidence you can believe.— Mrs.Wardell swears to the story you recollect about Mr. Davies suing that he was the "Now, of God, and that lie 1144 tinti up to tfeavra ! Now, among I mad people, this is a common delnsion; bat mark, in Mr. Davies's case it occurs but once ; never more —only one person speaks of it. There is a species's' of madness called monomania—which means mad.•' ti;;; t! i pon one particular subject only. Many per sons are so a4lcfed ; but if they are, however sane they may be On other matters, however ratjonally they may be conversing,yertosichbut for an instant , on this subject, and away go sanity, reason, in tellests, every thing, and the bedlamite stands con slessesi. Thia ieinvariably the case ; it is the cha s sacteeistio.tif the unseaSit, :And !et milly hate gone, over this ground with Mr. Davies, and have dis covered no delusion of the kind. He touched upon it to no one but Mrs. Wardell, and that only once. Now which- will you believe ?—that a case which no Roe 94'7,2r:fore heard of ha: come within the cingwar experre`fice " of ties. iisse s s;;; o F will you ".believeOtien ha'pp'en has happened here, 4rnely; that a• witness basr stirlorn' that which la fiat ,tpe Learped Counsel here Went t hrougji various sitner p4r141 o' to gttvws testi mony, and said that he should call witnesses tocliS ; ! prove them.)—l am now come to speak of the testimony of the medical men. I should approach t hi s part of the subject with some hesitatiort ss if I thought 6141, .;;; ipestion of this kind were to be de. eis4ed by leerniag 'anti expaiiii.* ; fi in medical affairs. The law has said that it shall be decided orirervii4, or you, Gentlemen, would not' be heie. The prii- Ceetringt tl.!if case, however, have' shown- on how • trO,Ltnds man may he arraigned for insanity, ssheiv;ng 'it is. The .. IkSW mis • eiptie it, to doubt; The pioql ;11 - 0 but that the law should long cOntititte io, after the disclosures thiS case has made, I hold to be a thing wholly improbable. Only see what a dreadful m achine is put in motion by a few lines, signed by tw o - tn,;:tiicei yi4en. Any t.,vo medical men, with the conctiiio"ce of a'rehetioit or frieier, Or, indeed, of any perso9 choose to roatce himself respbw eibie—ka ;I is Int peCessa4 Cll4 the'perion'ihoulq have a relative —may a 414 to t h e " Retreat", at Claphain.. Then follows quisition at Crity's Inn Coffee-house, where all the man's most secret affairs, most private conversa tioPsi err laid open ; he is culled upon to account for every idle word, uttered in the - most unguarded hour, and, if he should be found to be of sound mind at last, he returns home ashamed, abashed, the town talk, and a beggar. His estate has been squandered away in proving that he is not mad.— Is not this a most frightful • picture ? It becomes more so by examination. You have seen on what light grounds this proceeding may be taken. — ow see to whom the power is intrusted, at least judge who they are, when you find that one of them will riot swear that he never certified respecting a man whom he had never seen.— Surely the alarm we feel at such a system cannot be allayed w hen we hear the refusal to answer such a question. Well, but the medical men came here to tell you that Mr. Davies is of un sound mind. They have told you so, and this would have been sufficient if we had not asked them why. Reasons from a man in authority are always dangerous. When he decides, by virtue of his authority, we bow to that authority ; but when he decides upon reasons, the case is different, for we then give no more credit to his opinion than corn. mon sense and common experience declare it to-be worth. Now, the bulk of the medical witnesses are persons connected with the treatment of insane persons. If I call them " mad doctors," it is only to avoid a tedious phrase, and not out of any disre spect to them. They are all of them liable to one observation, as all other men are who confine them selves to a particular corner of their respective pro fessions. In our profession, for instance, those men who confine themselves exclusively to one small part of it are never men of such great under standing, or of such strong reasoning powers, as others are who have devoted themselves to the liberal cultivation of all the branches of the pro fession. The same thing is true of the medical profession, whether we speak of auriets, or occu lists, or dentists. So it is with mad doctors. They are madmen-hunters, twist-finders, delusion-fanciers. Besides, there is a sort of fellow feeling among them : when one gets himself into a scrape, the others, if they are on friendly terms with him, have a tendency to help him out of it. Perhaps it is the same in other professions. It is the feeling of the craft, and I do riot, therefore, in dealing with their evidence, accuse them of perjury—no such thing : but I say, that they are biassed by their feelings and their interests, and that the consequence is the perversion of their judgments. We are not trying them on facts. If I am asked whether I will believe any of them upon a fact, I answer," Yes but I will riot give the same answer with respect to their opinion, to their judgment, or to the infe rences they draw from facts. Now let me observe gene rally, that many of these Learned Gentlemen con sider Mr. Davies mad, because he has what they call delusions. What are these delusions ? That he fancied he had a sore throat ? That he fancied he was controulled and ill-treated by his mother ? Yes; these are the two principal delusions. Sup pose I show that they are facts : that he had a sore threat, and that such was the conduct of his mother towards him,—what will you think of the doctors' testimony then ? What will you think of doctors who, finding that these things are not delusions, but facts, still obstinately persist in their former opi nion ? Now, with these observations, let us exa mine the evidence of the doctors. Dr. Latham saw Mr. Davies only on the 28th and 29th of July. He has never seen him since. He tells you that Mr. Davies seized him, and said, " Dread the vengeance of a madman, fur I carry pistols." Let us see if the doctor's recollection can be trusted. He swore to you that he thought Mr. Davies insane on the 29th of July. This is all. The Doctor made an affidavit three months ago, in which he deposed that Mr. Davies manifested such excitement, " as led him to the apprehension of his possible insanity, and that on the next day he was confirmed in his aforesaid apprehension." What apprehension ? Why, apprehension ef Mr. Davies's possible in sanity. And yet he now comes and swears that Ire thought him actually insane at that very time. That is to say, in his evidence he thought Mr. Davies ac tually insane ; in his affidavit he only had an appre hension of l‘lr. Davies's possible insanity. After this, can you trust this gentleman's recollection at all ? Then comes Dr. Davis, arid he has invented a new delusion. He talks of a delusion of manner.— This delusion is certainly not to be found in the law books, arid I will venture to say that you will search medical books for it iu vain. He says that Mr. Davies went from one subject to another, and that there was not any connection in his conversation. Lord bless us,Gentlem en, if this be madness, how many ram bling talkers will be sent to tire" Retreat" to-morrow He tells you that Mr. Davies used unnecessary em phasis and gesticulation. Lord bless us, again, Gen tlemen, if this be madness, I tremble for myself ; I tremble for many of my Learned Friends; I tremble for Dr. Hashim—no, I don't tremble for him, he is past praying for; and I have only to hope that mad doctors are like certain fishes, who make it a ride never to prey upon each other. Then comes Dr. Cobb. He says that Mr. Davies can manage his business, but not his general affairs. Now, this seems strange to an untutored mind—to the mind unused to the philosophy of madness. He tells you, too, that Mr. Davies may be allowed to wash, but not to shave himself, and Yet Dr. Burrows arid his keepers allowed him to shave himself. Then the Doctor tells you that Mr. Davies may be allowed a knife at dinner, arid then after drawing a delicate distinction between the operations of shaving and dining, between a knife and a rasor, lie adds, but " there should he a keeper by to see that he does no mischief with the knife." A keeper by —now, on this I asked him—" Did you advise that ?" He answered "No; I did not," Dr. Frampton thought Mr. Privies mlid because he would not go home to his mother : this is the first test. The next is what we, in law, call stultification, that is to say, Mr. Davies is marl now because lie will trot admit that he was mad at some preceding time. The Doctor told you that Mr. Davies was recovering; that in a short time this proceeding would he unnecessary, and that he tried to get him to admit that lie had been insane, in order to save expense. Now, Gen tlemen, there is too ways of saving expense here. The one is to take the money from the law, that there !wee be more for Dr. Burrows and his keepers; the other is—pr whim was- 7 40 spare these pro ceedings ; but they would not do. that, because then their prey would have escaped them, arid there would have been an end of their job. However, such was the test,—and yet Dr. Frampton admitted that, it Kr. reavies wei.e ne, hie t•efu.sal tp ac knowledge himself mad would be " Very proper. Then the Doctor told you that the purchase of Crouch-hill estate was a delusion ; but I will venture to say, that no madman that ever the "Retreat" or Bedlam saw, can have laboured under a greater dela tioa Peal Doetor manifested in what he said on this; subjeCt. I e foldyoU, gravely and seriously, that if a Man businese . Weei,'undeiany - cireuiristinices; to e ea w r n i et with lock up '6,0001. or 70001.'0f his capital, it would be s in aorof sadness. y q u recollect, tcio, what an swers 4ave to the questions '' 'lch n'L Friend Mr, Broderick put to him, about n certain incomes laying out certain sums of Money. You recollect he said that if men did so, they would commit acts of madness. But, besides the evidence cf these gentlemen, there have been put in and read home jet;er; or Mr. Davies's. They are ram• tiling letters,' if 'will; they r.re full of bad jokes—for I confess that Mr. Mivieer scent to have been a bad joker;—one of 'those; indeed;' in' whose trrGiith iskt.. , is no lab .ping Matter, and- they con -044) gi •itrcorreFt cfu t 1.4 tiolia. W6w, - let me rem i n d you, that incorrect quotat ccia are no proof of in sanity. You recollect that Mr. Wright, in examin ing Davies's i ci i tTot o ri n t e iot o l f s, t a i s re ked w t it h i a le t ts Ztn r e e s s s p s e v c i t i i e l ler one of those quotations was not from lerainlees soliloquy to the playere.lLaughtero—yoh, gentleinene' recollect the fact. - Now - '1 believe that if Mr. Davies had said` this, Sir C. Wetherell would hav e opened it— _ I thee after doctor would have followed upon the same scent — and that ,I should haveheen'ilew labouring to conviece you that the mistake did nut ainount to insanity. However, j am content that I AN . . you should take the letters as you find Zhete- \VEST will prove to you that, in letters, not nigi n , " t he • ters of business Mr: Davies always wilts ' P a w , &obi same style; and having proved this, IWEaf 1 - g° l 4iiei • w etly pay particular attention to one of those I _ A - si d . ' which, for manner, style, and feeling, is as euma i s 1 R as rational a letter on the subject, w hich' Is rc pt 0 I . light one, demanded. (The Learned Couesel O r ItatAl adverted to the evidence of Dr. Blundell arid of i l l i 1,2 1 5 0 E G. Tuthill.) I now pass on to Dr. Burrows. ' ' it h Q -- 1 ,:" have accused the other doctors of coming her e w o f " rie : a bias, I am inclined to accuse Dr. Burro s ' tad ~,T -1 , coming here with a tenfold greater bias. ,Th,,,e h ; 0 ewe became, in his hands, almost his own case. ; 0 1 , e , t tteter e , was no getting him to answer questions. His- - , Le l e .*. 1., stunt expressions were —" Allow me to' t'a c 'ler ' 446 ; own course—l will tell you all without b el A I L u lire asked—l will describe every thing to you." -,, -- , 41 '° 11 Dr. Burrows states you will, I trust, gentleta:''' Nf Lyin • i rl receive with great caution. He speaks of Ili' bee t i '` l i i t pressions; they are not to be trusted. Not onlYz a :- he demonstrated the bias of his profession) v", - . V i. ' he has demonstrated also the li'• - of .intart ° ,l ° ' kit ti e s -1 If Mr. Davies be found to be la o s f sound 01 ,1 o:4 { — „ t , he, in the first place, loses the profit,.„ ',..de A Mr. Davies's residence in the " Retreat; t ,,, tfttee and, in the next place, he will labour 1 . olee der the imputation of having confined Pl . ?...at Davies, when that gentleman ought to hsveDr i „ '• u ,er at large. lie told you that lie did not advise P' , ;: ti. •-%. Davies being sent there. I believe it : for thl" "Pers, things are not done by words. He knew (115 PA ;EYet the! Davies would be sent no where else; it was 0 ..: stood that lie should be sent there: whither 0 11 !,1 ~ 4: he be sent but to the custody who had W a ists •-• the keepers ? Well, but if Mr. Davies gets out 0:, in Illist condition will Dr.• Burrow- stied' hill; e i; ..„,.. placed? He told you that, .not haying seen 7 ' . Peer, Davies for ten days; he nevertheless dared to sig . , te, h the certificate. 1 hope this is a solitimey case of OP Est 0 conduct in the part of Dr. Burrows' foe is it hood , ,s.letey, is it humane—nay, is it not unjust sad cruel to "'nine, treat a fellow man thus ? I have said, I hope th' t it s :, Tie this is a solit ar y i ns t ance ; and I do devoutly boll tiet lae N it is; but you mus t no t, and I cannot , forgets till Ac e d , )- in when I ask e d hi m if h e had ever certi fied, with') ILLit,het having seen the supposed madman, he • refused (I/ te st i ° . ~ answer tile question. Now I come to Dr. Ha d• t , t, T i a who, yielding in seal to no witness, disP111":14,1811ii judgment infinitely more perverted than all . the k rel 4.; Av of the medical men put together. He w's wi- e r e th e t e t/ " Suppose a man bad been ill treated by his luot" - , e 6 N - 1 1, 1 :' suppose his mother ha d . denounced him as a ' es ; 'll - e n i ,', l man; and suppose that, for these reasons, the 131- I . l ' ; • --,; when asked to return to his mother, were to, fla we ee 4 LOß6` " No, I can't trust myself with her," would tha t _ e ie tOetei e the answer of a madman ? He answered deeidall, tile , i that it would. Dr. Haslam's test a mr. noie s ' ir . 'EST; insanity was, like that of the other dc et irs, tha t oe 9 ' A Davies would not acknowledge that he had oa t ti t OTDs been mad. Can any thing be more absurd they 4()Clki such a test? (Here the Learned Gentleman ': ',their sb lu pu d et e a d kiit :o is t o h lfl e ot e t v oh i fi d s ence on the subject . of Mr. a lvie ri i tr' ° ' A supposing that lie had been accnsed of tomato 11.SlIE practices. The explanation the Learned Gie tig 11 4 ' man gave, appeared to us completely seder:lett/I:At ~ A said,—But Mr. Davies has been accused of spea' 12, t , Now I dart A L L ing of such matters before his sister. say, if the truth were known, that he spoke with si A R c asunhajteuerte, theto bLeeaarrpauedbliacietejento)l4ltke:itli much delicacy as a chaste man --and such be ill ad' te e tmhitstttesdomteo men will be—could s h p e e f a e le re . a m Le a t rr m ie e d they would not say before another woman; s, li,,sa let sue also remind you, that in men, as well a r i e g Lit ": l S in women, there are different degrees of d s . „ , Xl l4 1. " " cacy. Mrs. Bywater is a woman of low ()rig!.." ,e c ,p, and she may not have communicated the most P c re, Ix fined notions to her daughter. I say, there are,diff er ,l o .. , 114. , P l ., degrees of delicacy in women, and you need 0 1 0 h ' 5 . S far for an instance. How many hints have ',,, te ltiN ce Daviese d ing a , c r o e u c l e d i received e ? ladies, who have been present during•thel a ri - ;. tre*P ' 11 1 s at otiti PUi sisterr e m i n d ‘v i i3l l 1 1 0 3.;_ havecmoinnsdi consider l eo i r e n ar tt d ihi aatthatechreeeor account. No, mated to them that they had better retire ? 9 ,, d ee ll 'f 4, 11 t4 y " : have retired at last,--sotn w e have s trhernainid• "el; 1 -- ' themselves.nes Hess lim , we had iii hand, Gentlemen, and have one the cl i adi o : wNh any s o 7 f so t wi e rse n tteleciri 01 o la ti; s l; i u t o el:tie:gni: n 1u0......d0t h 6:th.: T. 14 e d the ba r C . ,i bs f add respecting the conduct of this case on the other s:de. I have remarked how extraordinary the es' ej )° , - ; lection of witnesses has been; 1 have n oticed et I leac, 1 instances of the suppression of evidence which od io 4. 14 :1 to have been brought forward, but I have le t , o ie k le. A notice others. The Lord • Chancellor sends s rte . ' 1110 haws to 2 1 6- 0 i:r.t clan, in whom he reposed the greatest confidenete. , s visit Mr. ' Davies. This physician was Dr• "" A Oa i Lit judgment without any communieatio in n chael ; he saw time patient, examined him, fornit'oe kg• 'll :21tkihrilie inst, tB. Sussex. its Fitz, parties, delivered his judgment, and yet 141 1 , 4 '101 1 , i 2t i 5 . 4 called to give evidence. Why is this { o • . a ji) I tIO, V.* P - want facts ? do they want the truth T.: 1?', c (tO ''ll. l i t thatin skill gentleman, e t n o t l e t a . n, M t g li M at iel h ill e el' h h a a l s t o l p li p s o ba r ud t t u yw, :i n t ! i t e sditi'ldlelA ck tilleut°i 1114;111: orilv u o : r o d :hoger ,11• 4 1. :4,: t can want neither, or they would not have neti' e d i o2 l. -- A l to cull this unprejudiced witness. Again tPe'dor:,_the-- Dr. M'Kinnon, a relation of the family, w ' h° , e ,;fer e_ I 'IAI I : F u ew a r i i n itih ta ce n a e lsla e mb w oet i h t r h eDa M sre. r n .:M : my v ei i rc e ii s ily . a it W eihsaes i l ; y i hek eP t e bli , 0 1 0 upon these instances of supp►• ' i i o d e r s i . , e D . b r ut i lv r,ii: i i n fi r ` a e;i kg re i.. i .." . h, they hoapte , f s r h foo a mr l shall the eeh e nes t m ai Irke y ieenvoai fi nfd r e s Nn t sicpre. w o kroy i witn e sses , f s i oeswser Davies, :ill ty a bhe r ea l d t . ita b : uieell s ot i roo f : 0f,. e h„ , ::: : ::‘ ,.: ,,,: ,% 4,.. :: gnminzueyauaarrnryltncaeeoesr. Learned Mr.t 1 ITI I I, 1 d i Lpeoeaayrniliel above,oes d s most to ah r eb v re fervently r f i i 01 t e, l io. m v ,,:stash a iosi n suo d ni Ids : py e rne v ei o i ucn u hcbd t . 1 , : : i:i ' t 1. e rr; 0:6 :: :..4::: f la d ' and our limits have enabled us to give.] i ll trr ill 'it i- The Court adjourned at half-pas t fi!e , t ' .- l ' i4 d ar a morrow (this day) at eleven o'clo el t On the ipth iilst. itllidde'sion, Herts, the i. " 4 - Capi. Hughes, of ii 10 .lhi On the 22e1 inst. in n So lt u:l l :Au:l --- ev- - stie; t 1 : 16111: c i lut tita ll'llnalir ii E. Foxhall, Esq. of a daughter. • 1 r Z tleil dun, in Knel l s,tot h th e I- Be I e tsßc l ha d rheroe( e oa)a s u4innin t tsil f,, s otts o tth:heh n ildiiieee:F,i o 4tceo oz f sslitt.oo69t J e .dtyit . ti lah l , : i 1. il. Fits, county of Salop. L , Fo es ' l in] dfec A 4Et ß ukhsgiei ß ehliyl l itie E Grtr: D :wrjor J . ,..f.i.:SlL,liilonir,Bseaucerassellys::::s.l7,:o. eiv.,,c.s. , ( : ,: i t i o eil.: ow:::::Thi l li i t : l'c .. :Haj o gtaso f ,l'il:lat ‘ i: N ette ' Cir i Mri c iln ken, in Northam tonsil Q.= 1 /P n r! son of Augustus Henry Duke of Grafton'', and C O 'l - ' itt i or i i. ; : 11 1 .( 4 : 1 1t ::::l e • e Wiiliarn Hughes, Esq. Berk 1 " s eco ' 141 * 1 Win.On tile a inohrei i se s n6w r s es .i i h den E ce i Ilig ir.,_ c Iv I ei inst. Berk eley - square, t::::/14ful"4- else 2 a 2 g d o in 7 st. M 0 o ii, Shaw. t the i e d lath i Il i a s t s . t. a in t - CBelu'rntbornic.icell'eces,l Burton-c r escen t, T ur n: . : 6l : pe d:l ; B l6 o : : 'P o pri e ' 4 . ' '' pri l tl ei l i t ; t7i bte Sio r4k W. Nana, Esq. it. at Greenw i c h , the tyifc oc, l' ? ir. 14. T v!. ai , iiii . • .1. VI 'I) second daughter of J. Mills, Esq. • b i l ot„ eti ... On the 20th inst. in North rederick lace, Du o ft` li t t, liir -1 Leland, Esq. barrister. Mr. Leland, who -P WA' ' f il p f !„ - t ''°4g 47 . l celebrated historian, was the father of the 114% ( p li ,' u „ - I Beadier of the Hou. Society of King's lune, as, .` 1 ,7 f S. ' -t i 4 ; - I . ~ - 1 missioner of Bankrupts. There wai not a 03110" of 1 . 4 - profebsLn to which he belonged who was held 0 '".. : L , - sincere-ardent' H tie e wteiasncliourr:te:uesii,.,tedalinadii, hfonoeor:01! I A t : i e n o ad . :an ' ce — ni a: en d t e , n - 1 •te. Rr 6 c _ . D in I l ii ii i s ii :r Ju le n o ci i e n ' i i , p ly tvadeeiipies::::t in i'itopsta it ts i tt . on .. . 101 tt4h. , EAST INDIA.—DEA'fiIS. )1 011 si t , ~- -s ! At Calcutta, June 3, A. Gibb, E sq . Seawr , ...il k MI i„As s.. of the 31ediell Board, aged 69. r yes At Ghaziuoor, Allay 25, by z :.41 frow hie v iii - ,gi• i r e PI Gri.nt, iel&q., Paymattei of - his 6. A 'lisp Near Bombay, March 23, Capt. Wm. F° ll ell Nt 6 11 iNiaissi)'i'3sth 1%-Pop 1 :1. 74 flitch of his Highness the Nissm's Service (of Au/1113 let t 1C 1 ,.` 6 aged 46. Ct oa*li ' e,„ At Bombay, May 9, J. Whyte, Esq. 103 ' ' O —M it of the caledanift. . , °ll PAINTED ♦ND PIIBLISHED DT MURL) O "4 8 " Writ*, us, sisAND, We°