The Sun. — London, England, 1825-08-09 00:00:00

AGAIN THE EMILE! FRENCH AMUSEMENTS. It is impossible even for English pa tience to endure the falsehoods and misrepresen. tations of the Etoile. The late disgraceful scenes at Warwick are designated by him " English amusements," Now, it is notorious that nothing could be more. unenglish than those scandalous cruelties. They were only patronized by a few, and those the very dregs of society : and they were received with a voice of reprobation which hai echoed from John o'Groats to the `,..and's End. The Etoile knows this very well ; for the • paucity of spectators he has himself remarked, „and every paper from which he could have drawn information has coupled the circumstance with • every conceivable expression of indignation and disgust. And yet this fair enemy calls these brutalities " English amusements !" Now, I will tell him and the publick what are " French amusements." When I was in Paris only six years since, there used to be an" amuse ment" every SUNDAY, called a" combat des ani - luaus :" where lions, tigers, leopards, bears, &c. - were turned into an immense arena promiscuous ly, to fight. In spite of the boasted superiority , of the Parisian police, I never heard that any Magistrate ever interfered to prevent this horri ble profanation of the Christian Sabbath, this in famous violation of common humanity. Never did I hear a 'Frenchman speak of these proceed ings with disapprobation : never did I meet with one observation in a public journal on the sub ject. The " amusement" must have paid ex ceedingly well, for the animals must always hare •been considerably injured, and, occasionally, killed ; and yet their savage proprietors could always afford a Sunday treat for the enlightened and humane Parisians. Pray, then, Sir, let us hear no more about English amusements from Frenchmen. I know not whether the same cruelties are still practised in Paris : but when it is considered that they were regularly practised there so lately as six years since, it would better become the modesty of a French Editor not to talk of an isolated fact, which, after all, is less cruel tl►an the habi . tad exhibitions of his own country, and has been universally reprobated throughout the na tion, as a specimen of " English amusements." BRITANNUS. TILE GREEKS. PROVISIONAL GOVERNMENT OP GREECE. Seeing that the co-operation of all the Hellenists is necessary to the existing struggle, efficaciously to repel the implacable enemy of the country—seeing that, pending the war of inde pendence, the Government has had many opportunities of ob serving that the Greeks cherish in their breast that great virtue of their ancestors, to forget all their private passions, when the safety of their country is at stake—seeing that the Government ought to confirm and encourage this virtue, upon which de pends the glory of the Greek name and the happiness of the country : Considering that all those who, in different circumstances, have acted in opposition to the constituted authorities, and con spired against the established laws, solicit at the present mo ment from the Government the honour of marching against the - encroy— The Executive Council, with -the concurrence of the Legis lative Senate, declares, Ist, General amnesty is accorded to all those convicted of popular crimes. 2dly, All the preceding declarations of the Government against the said individuals shall be null and void. 3dly, The said individual:, of whatever rank or condition they may be, are restored to their civil and political rights, ac cording to the law of organization. 4thly, Those are excepted from the present amnesty who have been convicted of open treason. sthly, This Declaration shall be published in all the Greek territory. 6thly. The Secretary-Genetal conjointly with the Ministers of War, the Interior, and of Justice, are charged with its exe cution, each in his department. The Vice-President GUICA S BOTA SSTS. The Secretary-General MAVROCORDATO. Napoli di Romania, 1825. lONIAN ISLANDS. The Lord Commissioner from his Britannic Majesty to the lonian Islands, Sir Frederick Adam, proceeded on the oth of June, with all the pomp customary on such occasion, to the Hall of the Legislative Body. His Excellency seated himself on a Throne prepared for the purpose, between the two Presi dents of the United Legislative Chambers, and pronounced the usual Speech on the occasion of closing the Second Session of the Second Parliament. In this speech, which contains nothing remarkable , with re spect to politics, his Excellency, congratulating the States ge nerally on the result of their legislative labours, bestowed upon them especial praise for the wholesome measures which they had adopted for the maintenance and amelioration of religious in stitutions, and for the restoration of the city of St. Maura, de stroyed by the earthquake which convulsed the whole island whjch bears the same name. FOR THE SUN. MII. EDITOR—ObSPrIiing, in your Paper of the 4th -i‘stant, a statement of the Trial of Stephen Church, for Arson, I beg leave to obServe, that your statement of facts in that case are very in accurately set forth, though they were quite as strong as you have stated them to be. As the prisoner was acquitted I will not take upon my self to describe the facts, but in justice to the Learned Judge who presided, I feel it right to inform you that his Lordship, addressing himself to the prisouer, said, 44 you have had a very " Tit -row escape, you are indebted to a merciful Tury for your acquittal, and the sooner you " take yoqrself off out of the county y the better." I was concerned for the prosecution, and will pledge myself for the accuracy of my statement. I have no desire to appear_ in print, or to make myself officious, I must therefore leave it to you to take such notice of this letter as you may think proper. I am, Sir, your most obedient servant, RD. WA RDROPEZ. MiAurst, 6th August, 1625.. ** We are obliged to the writer of the above letter for correcting any errors that may have appeared in the report alluded to, but it is pro per to add, that we copied that report from .one of Ole Morning Papers. It is with feelings of concern that we allude to a report .which has reached us of the serious ill, zieo of a young.lady, whose abilities as a' vocal performer . and an actress, in conjunction with' he amiability of her private character, have long and most deservedly ranked her a first.rate fa vourite with the public. The abrupt termina tion of a treaty of marriage, in contemplation of which she had lately resigned her theatrical en gagements, is supposed to have been the primary Qccasion.of her malady,—(,Evening Paper.) COMMISSION OF LUNACY. IN THE MATTER OF THE REV. EDWARD FRANK -(A SUPPOSED LUNATIC.) SEVENTH DAY.—MONDAY, AUG. 8. The Inquisition in this case was resumed this morning at eleven o'clock. As soon as the names of the Jurors were called Over, The CHIEF COMMISSIONER asked whether the dispensa tion from residing on his living, which Mr. Frank obtained in 1816 for two years, had been renewed ? Mr. SPENCE said he understood it had, on account of the state of Mr. Frank's sight. • The CHIEF COMMISSIONER asked when had Mr. and Mrs. Frank gone to live together again ? To which it was answered in November, 1821. Mr. PEPYS said a misconception had gone abroad with re spect to his client (the heir-at-law of Mr. Frank), which he wished to correct. In the speech of his Learned Friend (Mr. Brougham) a case was supposed of a young man sitting corn. posedly and listening to a statement in which the misfortunes and vices of his parents were held up to public view. This it was understood out of doors was meant no apply to his client, the heir-at-law. Now lie could state, that so far from that gen tleman being present at the trial, he was not in London, and had not been since the commencement of this inquiry ; and no man could conduct himself with better feelings- toward,: his pa rents, and every individual member of his family, than he had done. This explanation gave evident satisfaction to the Jury. Mr. WAKEFIELD stated to the Court, that there was a young woman (the chambermaid at the Adelphi Hotel, it was understood) who had omitted sonic-thing very particular in her evidence, which she since recollected. He did not make any application to !layettes recalled, knowing it was irregular; but he thought proper to mention the tact tur the consideration of the Court. 21r. SPENCE, on the part of • Mr. Frank; objected to this course, as it might lead to calling an evidence on his side to rebut it, and that might be inconvenient, as his witnesses were gone. Besides, it might raise a precedent, on which he would also have to apply, as some of his witnesses were exactly in the same situation. • The CHIEF COMMISSIONER said, that tlfe case being closed in support of the inquisition, it was irregular ; but it might, in such a case, be the wish of the jury to hear any fact of importance, if it were so. Mr. WAKEFIELD said, lie did not make the application on the part of the witness, but merely wished to apprize the Court of the fact. The CHIEF COMMISSIONER.—CaII you state that this:wit ness will give important evidence ? Mr. WaxEriELD.—She says she has omitted something important. Mr. SPENCE.—This will lead to a bad precedent : besides, if this witness be recalled, I may have to recall others. Several of the jury here intimated that they saw the force of Mr. Spence's objection, and that there was no necessity. for calling the witness back. Mr. SPENCE then proceeded 'to address the Jury on the evidence, on the part of Mr. Frank. He began by observing that he would occupy their attention but for a short time, as he would confine himself to the leading points of the evi dence. As to Mrs. Frank, he would not say a word, and he hoped the Jury would consider, that in every thing that was said against her here, she had not the advantage of being represented by Counsel. He would therefore not touch upon Mrs. Frank's conduct in the course of his address.— He would now state the course he intended to pursue. First, he would state the facts, as they were admitted on both sides, and contrast them where they differed. Ile would next call their attention to the opinions of the medical men on the facts on both sides. In the outset, he must admit that Mr. Frank's conduct was marked with great depravity ; but he. should be prepared to contend that no part of his profligate conduct pro ceeded from an unsound mind. The evidence of his conduct at Cambridge did not speak of any incoherency in his manner. He seemed to have been fully sensible of the impropriety of his conduct ; but most certainly that conduct, improper as it' might have been, was very grossly exaggerated, as was clearly proved by the evidence of Mr. Badliam. Ile had dined with Mr. Frank at Cambridge, and he said he saw nothing very in detent in his manner, but that he had heard hint speak fre quently on matters of gallantry. Newby, it would be remem bered, swore that Mr. Frank's conduct was most profligate dtiring the whole time; but Mr. Batlham, a most respectable gentleman, stated that his conduct was not of that profligate character which Newby had described. There was no doubt that, had they opportunities of giving evidence as to other parts of his conduct, they would find it had been equally exaggerated. As to his conduct in Mr. Clinton's presence, what did it prove ? Why, he asked him the residence or some partkulzu but not knowing how Mr. Clinton might take such a request, he did not ask hies to accompany bins, but rather hinted at it. Did not this show that lie was conscious of the conduct he ought to pursue towards a gentleman, and was not that con trasted with the conduct lie had adopted towards the clerk ofthe college, before whom he knew he could take greater liberties— a proof that he knew well what he did. His conduct towards Mr. Badham also proved that he had a perfect sense of right and wrong; for when he found that he (Mr. Badharn) was to become a teacher of youth, and that he was looking for pupils, he refrained from the expression of any indecency in his pre sence. It was true he was a man of dissolute habits, but all that they had heard proved that he was conscious of the man , ner in which he should conduct himself, according to the per sons in whose company he was placed. With this observation he would dismiss the subject of his profligacy, again repeating, that if they had had means of bringing evidence as to several alleged acts of improper conduct, they would have found them to be greatly exaggerated. The next point to which he would advert, was what seemed much relied on on the other side — that was the repugnance Mr. Frank had to settling accounts. It should be recollected that this gentleman was born to a considerable furtune, and that lie could not be expected to look with the same -minute attention to pecuniary matters as persona with more humble means. It was true, that during his father's lifetime, Mr. Frank was in rather straitened cir. cumstances, and they had no evidence that lie was inattentive to his pecuniary affairs at that period. It was proved on one side, that he had a great indisposition to looking over accounts, but there was evidence on the other side to show, that lie was not indifferent to his own interests on that subject. He had looked over accounts, had attended to his interests, and was so minute; as to dispute with a hackney-coachman for the trifling sum of a sixpence or a shilling. In the evidence respecting the letting of the farm at Carnpsall, it was. proved that he acted with as much prudence and propriety as any other man of pro perty would have done. He would admit that in many things he showed a great weakness, a great unwillingness in many points to examine matters connected with his interests; but be contended, from all they beard, it proceeded from disinclination, and not disability. He would now conic to that part which was most relied upon in support of the inquisition—namely, the dining with his wife after all he had heard respecting her infi delity to him, and the taking into Isis particular confidence and friendship the man who was represented as her paramour. Let the jury look at the circumstances under which he became ac quainted with Mrs. Frank's alleged impropriety. They were communicated to hiin by Captain Mainwaring and Mr. Bel lamy, who had them on hearsay; and in no case was there iny -direct communication from a person who said lie saw what passed, except in that of Roebuck, who swore he saw Mrs. Frank undressed in Dr. Dickenson's bed-room, and also who told what passed in Bridge-street. It was proved by all the witnesses that Dr. Dickenson's conduct to Mrs. Frank in Mr. Frank's presence was most decorous and respectful ; and that his conduct to Mr. Frank was always mild and gentle. So, therefore, he, Mr. Frank had no reason to induce him to believe any infidelity on her part from any thing which fell under his own observation. Now. as to Roebuck's statement, he said he saw all this impropriety at Campsall and at Shelton between Dr. Dickenson and Mrs. Frank; but what was his conduct in Bridge-street, at the York Hotel ? The servant girl there told him, that his mistress had been sleeping with the gentleman above stairs (meaning Dr. Dickenson), and his immediate answer was " Don't say such a thing, or you will be made an e xam pl e o f." N ow , if he had seen all the previous improper conduct to which lie swore on the part of his mis tress, would lie have expressed himself in such a manner?— would it Rot_ be natural for him to say—" It is no more than I expected ?" • Instead of this, he at once cautions the girl how she makes such an assertion, which he seemed at the time to consider wholly untrue. Was not his conduct on that occa sion completely inconsistent with the truth of his former statements ? But looking on the means of information which Mr. Frank had from his own observation, lie had no ground whatever for believing his wife's infidelity. Let it also be re cellected that he had been very much attached to Mrs. Frank —that she was the mother of his children. Would it, under those circumstances, be inconsistent with perfect sanity of mind that he should disbelieve the evidence of her guilt, coining from the quarters it did, or that even believing it, he should again take her to his society ? The Learned Gentleman then pro ceeded to the evidence of insanity, as far as the opinions of the -medical men. He would admit, that in 1817 Mr. Frank was of unsound mind, and labouring under some delusions. Now the question was, did that unsoundness and those delusions continue to the present time ? How was the evidence on that point ? Dr. Wright said that Mr. Frank was of unsound mind in 1816 and 1817, and that he was always unsound ; and yet he advised Mr. Hales to prepare a deed, to have it ready to be ex ecuted by Mr. Frank when he got better, which lie expected.— Had he got better since, or was he competent to the manage-; ment of his affairs ? -It was clear lie was so considered by Mrs f Bellamy and Captain Nainwaring, and several others who be. came parties to a solemn deed in 1817 respecting the disposal of a great portion of his property. Could they have done so if they believed him unsound ? The Learned Gentleman here read a letter from Mr. Frank to his sister at Doncaster, dated Nov. 5, 1817, which, he contended, could not be taken as the produc tion of an insane person. On the contrary, it was the produc tion of a sound mind : My dear Sister,—l am sorry to hear from Mr. Bellamy that you are unwell, but I trust this will find you better in health. Understanding 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 he truly grati fied in endeavouring to promote the comfort and enjoyment of my only remaining parent, and as far as in my power study to cheer and enliven the enhei and cheerful close of her well spent life. I think my Rosalie a most bewitching child, and though 1 must feel dull and low-spirited at the loss of her lively endear ing 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 permit. Should I fortunately live till she is eight years old, it will be my most earnest desire, and I resolve to place her at Miss Powis's school, with her charm ing and amiable sister. Ere this epistle reaches thee, you may have heard I am going , to let C. (meaning Campsall) as s oo n a s possible. The magnitude of the mansion, and the serious expence of supporting the same co-operating with the badness of the times, and my most lamentable domestic mis fortune, 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; hut 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 affec tion, at a period when we were contending with the direful hardships of adversity without the most poignant regret ; and although our final separation for ever was unavoidable, I must consider that measure a serious misfortune to myself and family—more especially, as I fear, under existing circumstances, no divorce can take place, neither now or hereafter. When you are ready to receive my little girl, you will perhaps let me know that I may make some arrangement for the journey, before the winter is more advanced—perhaps you could procure a good tenant for my house, as I fear I shall meet with some difficulty in letting,it. I should wish it to be inserted in the Doncaster and York papers, and also in the Morning Post. With very best love to my mother and to yourself, I remain your affectionate brother, EDWARD FRANK. From the date of this letter, the Learned Gentleman traced Sir. Frank down to 1824, during which time no proof of any act of 1 insanity could be given. It was unfortunately too true that there was great evidence of depravity of conduct, but there was not of any one act inconsistent with perfect sanity of mind. This brought him to the evidence of Drs. Munroe, Mr. Warburton, Sir George Tuthill, and the other medical gentlemen who were examined in support of the inquisition. They gave Their opi nions of his insanity on the ground of the delusions under which it appeared to them Mr. Frank waslabouring. The first was that respecting his wife's fidelity ; the next, that of believing Bellamy his enemy, anti also that he intercepted his letters, by bribing the postmaster. He would first come to the alleged delusion about his wife. Now if the evidence on which the infidelity of Mrs. Frank rested was such as might be disbe lieved by a sane person, there was an end of delusion in that respect. He had before spoken of the little credit which was due to Roebuck's account on his own showing, but Mr. Frank's knowledge of his wife's conduct came from no other source that he could at that time rely on. He had been induced to believe that Bellamy and Captain Main waring were not his friends, and it was not at all unnatural that he should be disposed to discredit circumstances resting on their assertion. lie would come next to the alleged delu sion as to Bellamy being his enemy. Let the Jury look at the part which Bellamy had taken in those proceedings, and at the manner in which he conducted himself when he heard of Mr. and Mrs. Frank having come together again in November, 1821. The evidence of Mr. Norton on this point was im portant. Mr. Bellamy was' at Mr. Norton's house on business. Here Mr. Spence read an extract of Mr. Norton's evidence from The Times of Saturday last.l—" My servant came in at ten o'clock, and brought letters, two for me, and one for Bel lamy. Ile opened his letter, read a portion of it; and then condacted himself in what I call a frantic manner." (One would think, the Learned Gentleman observed, that they were then sitting to try the question, whether or not Bellamy was a lunatic; at all events, it was curious that in such a case as this the only evidence of a frantic manner should be, not of the alleged lunatic, but of one of the petitioners to the Com mission.) The evidence of Mr. Norton went on to say— " Seeing Mr. Bellamy agitated, I said, for God's sake, Sir, what's the matter? Before answering time question he ran about the room, knocked my chair about, tore his hair, knocked his head on the tithe papers."—(Had such conduct been evinced by his client, Mr. Frank, how it would have been commented and enlarged upon, and yet nobody said that Mr. Bellamy was insane)--" and theit'said, 4 Here am I with these d—d papers, a mere humbugging 500/. at stake, whereas I am losing thousands per annum in Yorkshire.' I asked how ?. His answer was,--I believe 1 am bound to give the exact words- 4 That d—d idiot, Frank, has got his bitch of a wife back again •' I think he said 3,000/. a year. I am not quite positive. lean% tell you the very day. It was about the end of November, 1821." Could any one who heard this (Mr. Spence continued) have any doubt of the kind of interest which 111 r. Bellamy had in keeping Sir. and Mrs. Frank separate ; and if Mr. Frank came to know that such was the feeling of that gentleman, was it at all unnatural that a man, not endow ed, as undoubtedly he was not, with a strong mind, should have carriecl his recollection back to the charges urged against Mrs. Frank when Bellamy told him, and attributed them to a wish to produce that separation by which he was likely to profit so much ? Was it unnatural that, taking these circumstances into consideration, he should believe Bellamy his greatest enemy ? Vas there any thing so unnatural in that belkf as that to hold it must be considered a proof of insanity? His steward is alarm ed at the reconciliation of his wife, after administering to his base leasures for years. Was it delusion to suspect such a man for his enemy ? After endeavouring to get a commission of lunacy issued against him, for which they had the authority of the Lord Chancellor that there was not the slightest ground for the application, was it very irrational to conclude that Mr. Bellamy was Ida enemy ? Why that must be the first im pression, to say the least, of every man who heard the circum stances. The reasoning of Sir George Tuthill and Mr. War burton must fail. No other term than conspiracy could be applied to the conduct of Mr. and Mrs. Bellamy. The Jury were to recollect the picking of the locks and the seizure of the letters from Mrs. Frank to the husband, by which stratagem those letters had been ready for production in court, and then they would not be very ready to go along with those learned gentlemen in their conclusion that to suspect those persons of a conspiracy against him was proof of insanity. He contrasted the medical evidence of the other side with that of the gentlemen who spoke against the lunacy, especially noticing that of Dr Burrowes, which was remarkable for the judgment and caution with which he probed his mind upon all sorts of topics indiffe rently, and which left a conviction on his mind that Mr. Frank was perfectly sane. Finally, he left the case with the calm and deliberate sense of the Jury, cot doubting that whichever way their verdict fell, it would tend to the general purposes of jus tice and the security of 111 r. Frank. The SOLICITOR-GENERAL, rose to reply. lie would have spared the Jury his own personal observations on the case, feel ing that he could add little to their information : but he was -called on to sift some of the adverse evidence, especially that of medical professors, whose opinions upon the mere ques tion of insanity were opposed to the law of England, as it had existed for four centuries past. Of the witnesses whom he had called, 17 or 18, 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. Thete persons were as com petent to form an opinion as ehe medical gentlemen ; other wise, if every one were not admitted capable in that degree of forming an opinion, the Jury themselves ought not to be sitting there; and the law ougla to have left the decision to a jury of physicians. How did it stand on the other side ? The Jury bad eight witnesses, who stated that they had seen nothing which would authorize them in believing that Mr. Frank was of unsound mind. This might all be true in every particular advanced ; but four of them gave no opinion on the sanity. Not only was there no balance of numbers—there were no numbers at all—no conflict of facts—they had no facts to state of a general knowledge of Mr. Frank's conduct, which could fix an impression on their minds that it was even highly improbable that he was unsound. Mr. Brougham, a witty do quota man, who possessed every quality which could make him a formidable adversary, had talked of the negative cookery of the case for the lunacy. His complaint was far more appli cable to the case against the lunacy. Malcolm, who was pro hibited 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 bad said, that the old dame's negativ e ca talogue of provisions was very considerable. Ile had never seen a case so perfectly naked, so absolutely stripped of all which was necessary to meet a case as firmly set up by facts, and established by opinions and just conclusions as that which proved the lunacy of Mr. Frank. Applying himself to the de finition 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 lettere-aand lastly, his fondness for Dr. Dickenson, the imputed adulterer with his wife. The repeated acts of that adultery 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 rot this part of the case met by direct evidence? Here was negative cookery indeed ! Another topic was his utter incompetency to manage or understand accounts. Upon this there was an utter failure of evidence, not a single account pro duced for the whole space of 12 years : he had no account to settle. His wife and children must hive paid all the bills.— lie admitted to the Jury that he never . paid any hills. His head was as much disordered upon the subject of accounts as in believing his wife's innocence, or in restoring Mr. Dickenson • as her paramour, and his own steward, or in believing that the post-office intercepted his letters. Among his subsidiary acts of lunacy were his irregular excursions over the country, with out object or direction; and his most dissolute manners and amours. Dr, Ilaslam thought Shat he might account. for these more easily by the hypotheSi - s - or 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 to dissipate with an opposition fashion of licentiousness, stood in puris naturaliblls, and exhibited 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 again pressed upon their considera tion the intention admitted in evidence before them, of con veying him to France, where, if he had reached, he and his property must have been at the mercy of his wife and Dr. Dickenson. For though by stipulations of an existing treaty criminals who were charged with capital offences were recipro cally to he given up for trial by their country, there could be no application of that international provision to this case.— He would have been represented as a man travelling for his health, with his wife and a courier, who would have been his keeper and his physician, Dr. Dickenson. To have interfered with him would have been represented as one of the grossest acts of continental despotism. 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 fzsriosus and latnu.r. There was the term dementat, and several others of the same import. " Demented" was the phrase of the Scotch law, which approached closely to the Roman in this deriva tion. How long lunacy had existed as a title or description in the English books was not precisely ascertained. Littleton, of the reign of Henry VI., used the phrase of Non cowpox nzentit, which from among many other cases was preferred by Lord Coke as the most accurate which the law could adopt. Ac cordingly, subsequent authorities, acceding to the difficulty of determining the causes of mental disease, had all adopted the condition of soundness or unsoundness of mind, according to the weight of evidence produced in the case. He reprehended the looseness and inapplicability of 1)r. Haslam's theory of unsoundess, which required it to be manifested in the same manner, and with the same degree of palpable evidence, as the state of a carious tooth, or an ulcerated leg. This theory was opposed to the declared sense of the greatest medical autho rities during the same period. He concluded his address at a - quarter before four o'clock. Mr. Commissioner PHILLTZIORE immediately proceeded to sum up the case on either side. The verdict of the jury must find, not only that the subject of inquiry was of unsound mind, but that he was unable to manage his affairs, or the commission could not go on. He proceeded to support that proposition by the authority of the Court of Chancery, fre quently occurring in the books. In 1802 the doctrine had been stated a little more largely. The Lord Chancellor gave it as his opinion, that though there might be many cases of nicety with respect to the general liberty of the person, yet that insa nity was not actually necessary to be proved to induce the Court to interfere, provided that the conduct were of a charac ter utterly senseless, improvident, and destructive of the ins mediate property and enjoyments of the party. This divested the jury of the necessity of distinguishing the difference be tween unsoundness, lunacy, idiocy, or any other degree of mental imbecility. If the return, however, were lunacy, there must be an addition to the general verdict, and they must say if the patient has enjoyed lucid intervals, anti when. With these directions, if they should find unsoundness, they must also fix the period of its commencement, the object being, in the words of the Lord Chancellor, to fix and define the period of the competency and incompetency of the party with the greatest precision. On one occasion, a jury had avowedly fix ed on a period later than the evidence would, support. The Lord Chancellor held that they were bound to fix the period ac cording to the evidence s without any regard to any other con sideration. 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. [We forbear to follow the learned Commis aioner through the remainder of his observations on the evi dence, because the facts have been so fully exposed to the pub. li; attention.l At five o'clock, in acquiescence with the request of the Jury, the commissioner broke off, and adjourned the inquest until ',en o'clock to-morrow. PROCEEDINGS OF THIS DAY.-(DECISION.) Mr. Co►nmissioner PIIILLIMOKE, at the sitting . of the Court this morning, proceeded with his summing up, commenting as he went on upon the evidence of the different witnesses.—The evidence of Drs. VEITCH and BURROW ES, who were examined for the defence, he particularly called the Jury's attention to, observing, that the unquestionable talent and extended experience of these Gentlemen rendered it every way in►por tant. It was necessary also that he should recal to their notice what had passed during their in terview with Mr. Frank ; they could not but have noticed that he answered their questions in a pertinent and composed manner, but they must also have observed that on the subject of his pro- perty he laboured under erroneous impressions, and that lie still persisted in thinking Doctor Dickenson his best friend, and Mrs. Frank a chaste woman. If, on the whole, they thought him of unsound mind, it would be t-6eir duty to return a verdict to that effect. _ _ The Court was then cleared : and the Jury, after deliberating for two hours, returned the following verdict :—Mr. Frank is, at the present time, insane, and unfit to manage his affairs, and has been so ever since the 25th of October,lBl6. POLICE INTELLIGENCE. CHARGE OF MURDER. Gusi.nxm.L.—Patrick Rourke, an Irish labourer, was brought before Mr. Alderman Cox, the sitting Magistrate , yesterday, charged on suspicion of having occasioned the death of his wife.—From the brief statement given by the brother of the deceased, it appeared that the prisoner and his wife had been married seventeen years, and had apparently lived very ami cably . together, till about a fortnight ago, when a quarrel en sued between them, and the prisoner heat his wife so severely, that she was obliged to be taken to the hospital, where she ex pired on Sunday morning last.—Mr. Alderman Cox remanded the prisoner, until the verdict of the Jury should be known. HATTON-GARDEN.—Charles Stirling, a fashionablydressed youth, aged 18, was charged with horse-stealing. It appeared that on the 14th of July last, the prisoner hired a horse of Mr. Martin, of Bidborough-street, Burton-crescent, to go to Pop lar, but until the 2d of August no information was received of either. At that time Mr. Martin received an anonymous letter, purporting to come from a friend of the prisoner's, acknow ledging that the prisoner had sold the horse, and implored Mr. Martin to be merciful towards the youth. Upon the receipt of this letter, Mr. Martin mad e inquiries, and be ascertained that the prisoner resided with his friends in Camden Town, and when applied to, he immediately confessed that he had sold the horse to a coach prop r i e t or a t Wi n d sor for 101.—The prisoner, who is respectably connected, was remanded. FRAUDS UPON THE NOBILITY AND GENTRY. MARY LEI3ONE OFFlCE.—Yesterday William Hemminghm and John Brown, charged with obtaining under false pretences various sums of money from Sir Charles Forbes, Bart. of Fitz roy-square, and others of the Nobility and Gentry, were again brought before Mr. RAWLINSON, the Magistrate. Mr. Bodkin said it could be proved, that, on an average, the prisoners had during the last seventeen or eighteen years ob tained no less than 401. per week from the Nobility and Gentry. Hemmington handed a letter for Mr. Rawlinson's perusal; it was a mere denial of Gilmore's evidence at the last exami nation. Mr. RAW LlNsox thought Gilmore had done his duty, and deserved credit fcr corning forward as he did. He fully com mitted the prisoners for trial, and the Mendicity Society under took to carry on the prosecution. . TRADE WITH PORTUGAL. The following communication from the Portu guese Consul General resident in London was yesterday received at Lloyd's:— Portuguese Consulate, London, Aug. f Sin—l beg leave to transmit you annexed a notice which .1- should feel obliged to you to make public at Lloyd's, for O e information of the Commercial and Shipping interests of tho City. (Signed) J. T. SAM PA YO, Consul-Ge n ' .John Bennett, Esq. Lloyd's. An official communication has been received at this nOcef from his Excellency the Conde de Porte Sante, Secreta r y State for Foreign Affairs in Lisbon, instructing me to mal;e lt public—" That his Most Faithful Majesty, at the represenod tion of the Royal Board of Trade of that city, has been plea s _ e d , to order, that to the manifests of the cargoes of vessels proce.. ing from foreign ports to the ports of his dominions, shall P i ! attached one bill of loading of every shipment composing, st l . c th ' cargoes, under the Consul's seal of office." In conformity V a i l these instructions I hereby give notice that henceforth I 9 4 - require from the brokers of vessels bound to Portugal f or islands adjacent, when they bring the cockets and manifes t o my legalization, to furnish me at the same time with such , of loading (one of each set), without which I shall not feel mgt self authorised to grant the usual certificates of c learanc e ,. • this office. J. T. SAM FA YO, Consul-General RIOT AT SUNDERLAND. On Thursday, th — he following hand-bill vi al published, in anticipation of a renewal of t" outrages of the day before : " PORT OF SUNDERLAND. rciai " Whereas a riot of the most serious nature was Yest e ,,,i . . caused by the mischievous and unlawful conduct of many guided sailors, and others of this port ; and there being re a t ' h i, to believe that a recurrence of the same may take place ' t he evening, the Magistrates being determined to preserve to public peace, hereby order all the inhabitants of the to* li fic h keep their houses during this evening, at tide time, e xcept 5 , - 4 , as have already or may this afternoon come forward to be a" in as special constables. '"litursday, 4th Aunust 1825." oo It appears from a laud-bill that a letter, of which the foil kie ing is a literal copy, was on the 27th ult. sent to a respectaw ship-owner in South Shields " South Shields, July 26, o'2s' " Mr. C. WAwN, to perute the Man you doo we the Union M ba' Alan will make you as poor a 31t," you are Rich one we have 3 0 000 UNION Man in Durio l S on irgw—etothe your U ni s ot h i i ll p l a a t n Lfinocliwyoono i o n ti n te t : d o i f m Northum—land and in'a short time we have Navy St. ikr 0)(1 your firm cause. Pi " We are your 30000 . UNI ON " 300000 Man can be called out in 24 h. " Oriton• (Addressed) " Mr. C. "Wwan. " Esyr So. Shields " Durham." ,A It seems, from the handbill, that this letter was produrTriog, the fact of part of the crew of one of Mr. Wawn's s hipl lls r tor 1 in default of bail, been committed to prison in Losdorit brutal assault on the master of the vessel. WEST INDIA. DOCKS. STOCK ACCOUNT for the Week ending Saturday, of August, 1825 Deli , , ered. I Home Con sumption Exporta tion. Or r StOC'- figija. Articles. (- Inds 1 West India 1 1 Trs ( Bls Sugar Brazil - Chests LH avanah Boxes East India & I Bags Mauritius Casks f Pns 1 lids 5 Pns I ads J Pt's 1 Hds Casks ( Pines 1 Hds `Trs •i Bls I Bags f Casks 1 Bags f Casks 1 Ba- s ( Casks 1 Bags ( Casks 1 Bags f Bales 1 Bags Gourd: , 1 Casks Boxes ( Boxes Jars f Casks Serons Bdls Bags Casks I Casks . Bags 1 Bags Serons No. f Casks 1 Boxes Tons No. i No. Serons . f Casks 1 Bags Bales Galls Casks Casks Casks f Casks 1 Serons Casks a Casks 1 Bags Boxes Bales Casks J Casks 1 Boxes Casks Casks Molasses - Rum - - Bsaudy Hollands - - A rrack - - Wine - - Coffee - - Cocoa Pimento Ginger Pepper Cotton Aloes Arrow Root Balsam Bark Cassia Fistula Cloves Cochineal - Elephants' Teeth Gum - • Hemp - - Hides - - Horns - • Indigo - Ipecacuanha Jalap - ;'hale Castor Oil Coco Nut .Palm Pearl Shell Pine Apple Rice and Paddy Sago - Sarsaparilla Tallow _ Tortoise Shell Turtle Tapioca WOOD. (Logs Mahogany J Pieces (Plks &Bd Logs Pcs & Plk African Timber 1 Logs Pieces Santa Maria { Lotrs n' • Pieces Ebony - TOll3 Lig. Vitae Tons Box Wood - Tons Log Wood Tons Fustic Tons Nicaragua Wood Tons Cam Wood Tons Bar Wood f Tons 1 Pieces Brazilletto Tons Saunders Wood Pieces Irancewood Spars No. Staves - - No. Cedar ;) 0 60 4,01 n l° ) I / ' On Monoay a young hare, nearli 5, 0 1 (0;14 ( was found near the hay (having been killed ,g, be - . 00 presented a most singular conformation• l ePt o tle!; feet were perfect down to the back, where j O li t os, 'of ri o,"/ commenced, each completed with legs from the navel, and of the male genus, the t7,, - r io 4 ier equally strong and perfect. This singubir of the possession of Mr. T..Cookc, auctioPe` (Bath Herald.) 3,639 323 85 5,625 194 186 44 195 1,185 1,015