The Express.
London, England, 1849-03-10 00:00:00

tabu inteUtgence.

EQUITY COURTS.—YEBTIRDAT.
Beams the Lord Chancellor•
IN THE MATTER OF Dice SOMBRE, • LUNATIC.
(Sixex Dee.)
Mr. Holt proceeded to reply is, this meter, and said he
would follow the tame order in which he opened the petition
to supersede the commisahn. His lordship would recollect
that he then stated—first, the principle applicable to cues of
lunacy, then went into an clataitiation of Mr. Dyce
Sombre's mind before he was found a lunatic, and, thirdly,
considered his state of mind under the commission and up to
the present time. He would now proceed in the same order
without being diverted from it by the course pursued by his
learned friends the counsel tot Mrs. Sombre. To the conduct
of Lord Combermere, Mr. Prineepp, and ethers, which
afforded matter for their observations—tipper, perhaps, for
some purposes—it was not necessary for him to advert at all
as any part of his case. He had treated the eau as one
of admitted insanity end of sanity new recovered, while
Mn. Dyne Sombre's counsel insisted that the delusions were
deeper, and that it was a case of
i confirmed insanity.
But the physicians employed the court n 1847 said to
their report that although delusions then existed they could
not &ten any. That was in 1847, and all the delusions
imputed even now are delusions which existed in or prior to
1847; not one new delusion is stated, and it would be his
duty now to show that those preexisting disappeared, and
that other notions in Mr. Sombre's mind were accounted for
es being errors or mistakes of persons or things, for which
time grounds existed. Before he went to the principal
'natter he wished again to explain how the present petition
came before the court ; it was a mere repetition of the peti-
tion which his lordship dismissed on the 22nd of December.
That petition had been for some days on the paper. Mr.
Sombre had thin with the advice cg his counsel employed
several gentlemen to examine him. Their report was not
made on the 22nd, and he himself did not ask his lordship to let
it stand over ; but whenhe received the report of the six,phyai-
glassful advised a new petition. It was not, of course, at the
suggestion of hirasolf, or of Mr. Chas. Shadwell, the solicitor

far Mr. S.,mase, th.t that tepees was se=nt in the .
He read two allidavity of Mr. C. Stederefi, explain*" that
be hat no share in thst muter, and test in-all the preemd-'
no is the lunacy he lied his instructions feem Mr. Dyer
Sombre himself: he had ao comtnunicafiou with Mr.
Mahon on the meter except that, Decimal:lg se-
enesated with him in 1846, he was intrOduced br
him to Mr. Sambre in 1848. He had, for this last peti-I
Ow, his inetemlion from Mr. Dyes Sombre himself, who
ins is this ie toy in December last, and had frequent coa-
lmen/trims whit • (Mr. Shaded!). The learned enamel
then prootedid with his reply in the order proposed by him.
In order to establish a eats of lunacy. or to sustain a elm-.
'airier', two Wags mast be established : Ant, nosinnd-
was of mind ; esecadly, incapacity to take este of
one's self and one's .fain A stogie delusion Is
not sufficient. The general rule was, as be
had jest stated it, though there may be exceptions where
the &luau is such as affects the general sauciness of the
mind. There is a material difference between a morbid
delusion and ea insane delusion. The tests between them
are whether the person is abb to take are of himself
and sante* his affairs. Is be dangerous to others or to
himself ? He referred to the published opinions of a
French civilian, of Dr. Pritchard Lad Dr. Conolly,
and said that the principles laid down by Lord
Thurlow, La "The Attorney-Genrral c. Panther," sad
cited by ihe counsel on the other side as applicable to oases
K this tort, were modified by Lord Eldon in the 011ie of
HoUllead. (He read the observations from 11 Ter, p. 9 )
After lines citations, be mentioned the use of Emanuel
Swedeabing, a distinguished statesman and phikeopker in
his cwn esuatry ; and coming to this country, at the age of
sixty, he was well known to have fancied that he scummed
with web, whir was 'Mainly a delusion, bat no one 'ap-
pend hire smisusi beast delusion. Mr. Rob thee adverted
at length to the emanations of Dyes Sombre by the physi-
dans employed by the sent at Dover and &fight= in 1848
end 1847, and said thine was no delusion shown la their re-
ports. All the delusion that ever existed were referable to
the Asiatics 'decades and prejudices of Mr. Sombre. This
position was not altered by the &Marine, of the three
letters beaded down by hie lordship het Wednesday, two to
Drs. Bright and Southey, and the third sent to his litrelehip's
house. Now the letters to the doctors were dated early in
March, 1847, sad received by them before they made their
favourable report of that year, so that they did not weenier
theeelstters to be symptonsof delusion. With respect to these,
ss well as to the letter sent to his lordship's house, and that
ant to Lord J. Russell with the pencil mark of 1,0001., he
(Mr. Boit) again had to refer to the notions of a perms un-
acquainted with the habits of persons is high stations in this
country. They were too likely to take up the characters of
mob person from the exerpOsnal instances they read of.
There have been lately same trials In our courts for corrupt
appointinean to °Goes in India, as "The Queen'. Douglas,"
and others. And although for some centuries the pu-
rity of our judges in the administration of justice
wee the 'Amiens/a of all the world, there were
inateness of parsons on reseed--hie lordship's remote pre-
Lessem on the bench—who were charged with receiving
bribes. That a person reading or hearing of sash things
should suppose the same practices still existed was no
delries, though a grievous error. Mr. Sombre might
have read, sad, as a foreigner, believed then thins—is-
Mare of jabs's' rarruption—welch the people et this
stry. Krone, held to be impossible. The people of
Les. liamenk, still entertained the aotioa that helbsi had
their sank sad that Impartiality wee secured °sly when
there were baba km both sides. Was it righters to held
Mat le he a dories I. Mr. Dyes Sombre, who had reed or
hard it thus is his own country, sad had eons es-
paliers et in this country, and welt=
able to
_political from judicial bribery ?
was no doubt Mr. basks labored seder • grievous
Wanks in rills than letters, but it was not ea Miami
belesiont. All the. Wags happened in or before 1847. what
it is admitted Mr. Sombre wee not quite recovered, but
there is as as doss by him ia 1848, except the
letter M Laid labs Russell, chirped as a ilrlosin.
Re se bow Mesa snider the esspaisse of hie wiles lad-
bitty, stratilleg his former bassi= es that, the most im-
posintarat. bi stye still that be easset live with lair oa ae-
same the hissrpribiliti el their tempers. le it to be
heM a Merin is a -heobesi, is this age and country, that
be mar adapt his Ismer te his wile's ? He (Mr. Holt)
stroneded to reply upon all the six imputed delusions
is the reposes of the doctor, end which were mon-
dosed is our report is the Express of Wednesday.
At four o'cloek the Lord Chancellor said ho would hear
the rest of the reply Is the naornlag.

Beim dis Meow of the lulls.
HALL Ir. Flthkeill.--LikarllTYor TAITSTIIII.
This suit was lestinted M enforce payment of a sum of
1,2004 to the prowl tremens of the marriage settht-
meat of Admiral &Ed Mm. ilainwaring. By the marriage
settlement of • Ms. tall Mu. Crawley, a ism of 3,000 l ern-
e* wee meted la the name of the defendeata, Messrs. Pranks
sad Hoene, upon trust Br Mrs. Crawley and her ep
This 'memo mortpgedby Mn. Crawley to mean Trlitsa.
and interest. TM mortgage we afterwards asseigned to
Admiral Maiawarins, who advanced a farther stun of
4231. 10e. 3d. to Mr. sad Mrs. Crawley as the same security.
Notice of the transfer nod anther advance was given to the
trustees of Mn. Crawlers settlement. On the marriage of
Admiral Malawi', be ended the shoivievielege debta,
making together 141., and they thato to a Mr.
Harrison sad Meltdown Hale apes trusts. Mr.
end Mn. Crawley albsurarde, being dethene of paying off
the 14001., requested their trireme to sell a portion
of the 3,0004 oeneelee ad apply the cmide for that pu-
pae. 'The trustees memmllegly sold part of the stock
sad paid over the sense le Mr. armee, their solicitor,
who, aim some eseeespeadeem with Mr. Harrison, one of
Admiral Main mein% trastees, in which it appeared that
Mr. Groves wee swore Meeeieen w., a trustee, paid over the
money to Harrison, on his sole receipt. Harrison did not
invest the mosey, but epplied it to his own use, secounting,
until his death, to the parties entitled under Admiral Main-
waring's settlemest, Ike the dividends, as if it had been
invested. Harrison died in 1844, insolvent ; and
It woe then dimmed that he had misap-
plied the mousy. Tba of the wit, which was
buitnted by the Botha of Admiral Mainwering's settle-
ment, was to compel the teethes ef Mrs. Crawls 's settle-
ment to pay the miner over emit, an the ground that the
payment to Mr. Harrison sm hit este veselpt was an Immo-
per payment.
The Matter of the Rolls said it was a vety hard cue, bat
De must order the defendants, Pumas and Hughes, to pay
to the plaintiff the 1,2001. and iaterest from tee 11th of
June, 11144, and also the costs of the plaintiffs, se well u
those of Admiral sad Mrs. Malawarkg.

Beam Vles.Chseesilor iColett Bruer.
Ex PASTS /1111 Bocim 10111 PIIOIIIOTING CMII/TIAN
Higowumos, Rs Buzz's Cmaarry
•

In 1734 a Mr. Edwin Belk* conveyed had in Romney
Mush to five trustees in trust for the purchase and distri-
bution of rillgious books, with directions that the Society
he Promoting Christian Knowledge should have the
management of the charity, and that when the trustees
should be reduced to three or fewer the estate should be
moseyed to the treasuren and secretary of the society for the
time being. In 1806 the land wan vested ha Hebert
Hook, Archdeacon Pott, Henry Bosh Ha" and
Dr. Clarkin, the then treamuen sad ..celery of
the society, of whom Archdeacon Pott was the miniver.
On his death the legal estate descended to his mesh" in
gavelkind, who were stated to be numerous. and to
parties under disability and out of the lathMeilleneTtre
court. The treasurers and secretary of the slimly now
sought by their petition to have SOON ear appointed under
Bir Edward Sugden'a Act (1 Will. IV., e. 60), le imam the
legal estate. The Moms of the charity wee Masi le be
only 2M. a year.—Mr. Murray supported the pothiee, mad
asked that an order for a araveyanee might be MINK so as
to ears the necessity of coming back to the court for smother
order, sad that advertisements sight be ordered at eau to
be inserted. He cited "Re NMlgale's Charity" (3 Hare,
338 )—The Vico-Chancellor WM he- was desirous of saving
=re, and, on the authority .mitred to, would maim the

COURT OF BARIRIUFTOT.—TarnaDAT.
Hahn Mr. Climiglisw Sam&
Tiq, Rips /BAT rzia ()NEMER.

His Honour Lard iettlit ---
1s; the appli-
notion for a Hat ia bankaipter this sougah.nader
the provides of the I'M glee ramie-up
Mt. The wham to the poillinisg=lsoinsaist thet
ores if the Wen a
that
tbff 1,010
within the oft die Jst St Compsainbvs
the words of hee elattee—" any pia
warn, now minim sad tisked for the papa= of
trading or profit."— -His Ileaset said, is his saunas he
most throw oat of cossidentisa all srinteati or to lobs
wee likely to beanie of the erelitin from the pin to
rain. The sot 8& 9 Viet was sole diesinetly to
In ohms of cosepeoles, se ft soy songsay isierywommi by
sot of peellement es • wing noigisy. I a tea pram
we no eingsay had tees neorponlid by two sin whisk
itininisal the construction of the piss, the rotes of misty
W aeon sad the le vymi of toes is goods and yosonipia—
tie ism& en szts thieve's, le nets kaki es ea
bads* wills aerials ewes of no pier. The
of
ties ash woe to nolo the issgeny w osesiall.:l43:4,
mid the sannity to bold whom% weeaseres, is, woe
tqEst.
merely sacillsoy. Ar.., the trading is weld
only be esaiisseil se laibleatil to 011•116•1117 sail
se neowasy hit hallikeig the beoseiN - if Os
Ws so a inset woe set •
to benne be
sad nil Wogs asessey to wry ea bailass.
was. steles tbe nopsay cams elan
ittazioliCtif Ili Ms " gnawer sot" This was
t." annissiol et Sabi as peales ; " sod this
Asides* nod be bails, in tie sine way so the &midgets
of loan shoe milled to or individual. It woo imprint
slat to obelne not OS serfs " width' the nessiag of Se
ZVSlaws,' won sodded eon this dross This
not the womb " iiiinssie Ind UMW Kai'
palm" WWI moss ID be ossonstal steilly. Ia NMI=
ism, ensposies Amid Is OD ointrastion el soy bilge,
pier, &e.,' von onsglef Inn the needier of est;
oaflies isanosies win not welds the 11116
duo if iliessi k the issassiiiii set. w hin »-
hoot to Os /hot Clonossios lightness Ass fir its
isentiss. Only dons Otis oil ilsoani tbis sesilasits.
Oat no loglistooe malt to saes the assensat
So ening osousimbi. Wan, lo was boast to win
rink to merle ins sit • onspsay ink h emit
oiguilioni