The Express.
London, England, 1862-12-08 00:00:00

IN A LUNATIC

HALT. V. BEIOI.I.—ILLIMAL CONFUIa..
Ann Ult.
This was an action against the defendant, • medical mao,
for falsely and maliciously and without probable cause
having signed • certificate that the plaintiff was • lunatic,
and thereby having caused him to be placed in a lunatic
asylum.
The defendant pleaded not guilty and a justification.
Mr. Montagu Chambers, Q.C., Mr. lluddleston, Q.C.,
and Mr. Prentice, were counsel for the plaintiff ; Mr. Ser-
joint Pigott and Mr. Gordon Allen for the defendant.
A number of witnesses were called, including the plain-
tiff's married daughter, in corroboration of his statinnert.
They all stated that the plaintiff was of sound mind, and
had not shown the least signs of insanity. The daughter
corroborated the father with regard to the wife's pawning
the goods and hie finding 40 duplicates on one occasion
under her bed, and denied that be had ever ill-treated her.
When her father complained of the paining of the goods
her mother would run out into the Asset, make a noise, and
collect a crowd. The pawnbroker was called, and stated
that for four years the plaintiff's wife had been in the habit
of pledging new goods. At last he refused to take any more
in consequence of information he had received.
Dr. Griffiths, who had known the plaintiff's parents. and
had attended the plaintiff since his birth, deposed to his
perfect sanity, sod to the wife having frequently asked him
to certify that the plaintiff was of unsound friend.
Dr. Stone, medical attendant at Manley-house Asylum,
and Mr. Elliott, the proprietor, also deposed to plaintiff's
sanity. Oa the Ist of August Mr. Elliott received a letter
from the defendant expressing his surprise at the contem-
plated release of the plaintiff, who he mid was, in hie
opinion, a dangerous lunatic. He had signed one of the
certificates, and he begged that the plaintiff might not be
discharged until his wife, who wee in danger of her life,
had an opportunity of laying her case before the Commis-
sioners in Lunacy, to whom she would immediately mime%
and he was willing to appear before them and justify hie
conduct in the matter.
For the defence it was stated that the defendant had no
motive for what he had dove, and that he only acted es a
medical man called in on the particular occasion. He did
not undertake to prove tha'... Mr. Hall was insane ; but
what he had done be had done honestly, and if that were
established he was not liable in this action. So far from
the defendant's inducing Dr. Guy to sign the second oertifi-
Wei, it would be proved that the latter signed a similar
certificate some years before. The defendant had caisied
on his profession for a (muter of • oentury, in Toningtor-
square, and knew nothing of them parties until about the
28th of July, when Mrs. Hall consulted him about an in.
jury to her hi east, which she said was the result of her
husband's violence. She added that her husband was in-
sane, and in his delusions he charged her • ith drunkennen
and adultery. She declared there was not the slightest
foundation for these charges. Believing Mrs. Hall's
statement was true, he called upon Mr. Hall, told
him what he had come about, and his version of
the internee between them differed very ma-
terially from the plaintiff's statement. Mrs. Hall
informed him that her husband rushed in suddenly from the
street and gave her the blow on the breast from which she
was suffering. She said it was one of • sezies of assaults
committed upon her by him during • long course of years,
which she attributed to the effect of a disordered mind.
She said that her husband on one occasion nearly stabbed
her with a carving knife ; that he kicked her in the abdo-
men when she was pregnant, and that be once nearly
strangled her in bed. She also spoke of a number of other
minor amanita, and requested the defendant to call and see
her husband with a view of testing the state of his mind.
He called on the plaintiff and introduced himself as Dr.
Sample, and stated that he had come to see his wife about
her breast. After stating that he would not pay
any bill which she incurred, and that Dr. Griffiths
was the medical man, he proceeded to state that
they lived very unhappily together; that she was
always drunk; that she was in the habit of pion out
day and night with other men ; that she was wasting his
property by pawning his goods ; and that he had sold off
three times in consequence of her miacooduct. The plaintiff
afterwards desired him to leave, and he withdrew. Yr.
Hall was exceedingly excited and his manner was rude. His
eyes were restless, and his appearance was that of a man
having irritability of the ham. Defendant washed to see
the wife again before he formed his opinion on Mr. Hall's
state. She called on him the same day, and told him that
the restlessness was habitual to the plaintiff ; that he slept
badly at night, and that he was generally very irritable
in ttmper. He asked her, in the most serious and
solemn manner, whether any of the statements in
regard to her.elf she had represented her h isbaod
to make were true ; and that she most state upon her
solemn word whether she bad or had not conducted her-
self improperly with other men, because if the plaintiff's
statements were true she was clearly not entitled to any
belief. She denied most positively that she had ever been
guilty of such conduct, nor was she in the habit of drinking.
She said she had been obliged to pawn her husband's goods
to prozure the necessaries of life, bonnie he refused to allow
her sufficient for ber..elf and chiliren. She said the busi-
ness was a flourishing one ; that it had rever been sold
off ; but he had allowed the goods to be dis.rained upon for
poor rates and servant's were. She said her husband
would not allow her to sleep with him. She refeiced him to
Mrs. Buda, of Tottenham-court-road, as to her general'
character for veracity and integrity. He made in.
curies which were satisfactory. She also referred to Dr. Giq,
of Golden-square, as her enedkalsuus at that tiles that Mr.
Griffiths bad attended her, but Dr. Guy knew more about
her. He saw Dr. Guy the next day, who stated that he had
attended the Halls for 4 or 5 years, generally for bruises
and kicks inflicted on the wife by the husband. He con-
sidered him to be of unsound mind, sod he signed a certifi-
cate about four years since to that effect. Dr. Guy said he
knew the plaintiff had accused his wife of improprieties,
and of her being intimate with him. Under all these cir-
oumstaoces defendant thought he was justified in
signing a certificate of unsound mind, sad he accordingly
signed it at Or. Guy's house, about midday ou the VA
July. Medical practitioners generally keep these forms
of certificates. From the wife's telling him that her hus-
band constantly slept with • drawn sword by his bedside,
and declared that he would murder any one who approached
him, coupled with the other statements, be believed the
plaintiff to be a person of unsound mind. He received
from Mrs. Hall a fee of two guineas for all he did. There
were additions to his certificate of which he was cognisant.
He never suggested anything about his removal. or to what
asylum he should be taken. With regard to the convolu-
tion, in September, at the plaintiff's house, the defendant
denied that he bad told the wife to pawn the geed.. He
told her, if she had committed adultery, she should be
turned out of doors. He told Mrs. Hell to take out a sum-
mons against the husband tot the assault. In crom-exami-
nation the defendant mid he did not make any inquiries of
Mr. Griffiths, although he had been told that he had at-
teeded Mr. Hall for many years.
The plaintiff's wife wan called.
In croes.extuninatioa she said that she believed her hug-
baod was insane shortly after their marriage, and she had
considered so ever since. Mr. Beadou bad bound her over
on three OMmeinus to keep the peace. On the last
occasion be told her that if she were brought
there again he would send her to when instead
of binding her over to keep the pears. (Laughter.) She had
borrowed money and pawned goods for the purposes of the
house. She bad said that her husband was living in adul-
tery, and she hail witnesses to prove that he was living
with Miss Cash, • milliner. She was not an old maid, 50
years of ege. (Laughter.) [The plaintiff positively denied
this in his craw-examination.] She had known her husband
to be in the Haymarket until 5 o'clock io the morning. She
was not an habitual drunkard. She had known him to drink
rum, and she had known him to be drunk. That was the
gay life and drunkenness that she complained of in the
statement she sent to the lunatic asylum.
The further hearing of the case was then adjourned until
this (Monday) morning.

COURT OF PROBATE AND DIVORCE.
DEc. 6.
(Before the Judge Ordinary.)
RUMMENELL V. CLEMENT&
The jury found a verdict for the plaintiff.
Sir C. Creswell pronounced for the will, bat made no
order as to costa.