The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1875-08-14 00:00:00

EXTRAORDINARY LUNACY CASE.

A QUESTION FOR CHARLES READE.
During the publication of "Hard Cash," a letter
appeared in the Daily News to the effect that any-
one (not a sensation writer) imagining that a sane
man was liable to be consigned to the fate of a
lunatic, was himself a fit subject for a commission
de /unatico inquirendo. The letter was written by
the physician to Laverstock House Asylum, Salis-
bury, and brought forth a reply from Mr. Charles
Reade. The author of the matter-of-fact rom-
ance said that not long before, with the aid of the
press, he protected a sane man who had been
falsely imprisoned in a private lunatic asylum;
hindered his recapture, showed him his legal re-
medy, fed, clothed, and kept him for twelve
months with the help of a friend, during all which
time a great functionary, though paid many thou-
sands a year to do wha t the writer was doing at
his expense—justice--did all he could do to defeat
justice, and break the poor suitor's back and per-
petuate his stigma, by tyrannically postponing his
trial to please the defendant. "At last this great
procrastinator retired, and so that worst enemy of
justice—the postponement swindle—died, and by
its death trial by jury rose again from the dead,
even for an alleged lunatic." Mr. Reade also in-
stanced other cases where sane persons had been
insanely imprisoned as lunatics all, however, pre-
senting different features to the case about to be
noticed,

On arch 27th, 1874, Peter Chance, an engraver,
was arrested at Stourbridge on the ground that he
was a pauper lunatic, and on the certificate of a
medical man was sent by two magistrates to the
City and County of Worcester Pauper Lunatic
Asylum, Powick. Under the 68th section of the
16th and 17th Vict., a pauper lunatic, wandering
about, may be taken before the magistrates under
the seal of one authorised surgeon or apothecary,
and committed to a pauper lunatic asylum. Unless
the alleged lunatic is a pauper, two medical certi-
ficates are necessary. Chance possessed an an-
nuity of £143, a good business, and other pro-
perty, and, notwithstanding this fact, was, on the
certificate of one medical man, confined in Powick
Pauper Lunatic Asylum from March 27th to Au-
gust 15th, 1874, nearly five months. On the latter
date, a Court of Inquiry, de lunacico inquirendo,
instituted by the Commissioners in Lunacy, was
held at Powick, it having been alleged that the
"pauper lunatic" was sane. After a trial lasting
several hours, Chance was declared sane by a jury
of his countrymen, and was accordingly liberated.
The law presumes every man to be sane until
proved insane—not we versa, and though Chance
lost upwards of .2500 in legal expenses consequent
upon getting his freedom, and .not being able to
attend to his business, he has received no compen-
sation. Moreover he has been ordered to pay in
"hard cash" the costs of the inquiry, even in-
cluding the fees of counsel retained to oppose his
release, and all other expenses. As a rule,
scarcely without exception—except, perhaps, in
lunacy—costs fall upon the side which loses. The
winn( r occasionally has to pay his own costs when
the opposite sidle is bankrupt, but never both
tides. Chance, though he won the day, finds free-
dom an expensive luxury, having to pay all expen-
ses. The Lords Justices in Lun.,.cy, Lord Justice
Jame 3 and Lord Justice Mellish, have ordered
him to pay to the solicitors to the Court of Chan-
cery the sum of. £lB2 2s. 5d., as taxed by the
taxing-master to the Court, Master Follett. In
the first place, Chance was not a pauper, and
ouc,flit not to have been sent to a pauper lunatic
asylum. Had he been a pauper, would he have
obtained his release? Certainly the authorities
would not have instructed counsel on his behalf,
and called witnesses favourable to him. In the
second place, not being a pauper, he even if insane,
ought not to have been taken to an asylum, ex-
cept under the seal of two medical certificates.
Thirdly, the man ought to have been discharged,
otherwise than by a jury, and expensive trial. And,
judging from their actions, are not other persons
connected with the case fit subjects for an inquiry
de lunatic° inquirendo. For Chance to have to pay
the costs on either side, in addition to those of the
commissioners, is very "hard cash."—Birmingham
Morning News.

FOOT-AND-MOUTH DISEASE.—We learn that seve-
aal cows in this district are suffering from foot-and
month disease; bat every precaution has been taken
by Supt. Freeman to prevent the disease spreading
on the various farms.

SCHOOL OF ART.—PriZeS have been awarded by
the Science of All Department to the following
students of this School for Works sent to London,
viz:— Miss Agnes Sproat, Miss Charlotte Scott,
William Gethin,g and John Collins. Mr. James
Hill, is again made a Free-student fox Glass De-
coration. For exercises worked in a given time,
the following have been successful, viz :—Miss
Annie H. Watson, Miss Julia C. Watson, Miss E.
Richardson, Miss Susan Taylor, Thomas C. Ben-
nett, William Northwood, G. llipwood, R. Tooby,
Cornelius Green, Samuel Benton, Philip J. Allsop,
W. if. Guest and W. Griffiths.