The Express.
London, England, 1862-12-18 00:00:00

0017 RT OP EXCHEQUER-Du. 17.

SittiDp M MI6 Plial at Guildhall.—(Before the Lord Chia(
Baum sad a Comma Jury.)
SIMMONS V. DIMON.--CANT 07 ALLEGED MUMS?.

This was an /wawa upon a cheque for 2,0001. The de-
fendant pleaded that when he aig the cheque he was in
an unsound data of mind. . .

Yr. Collier, Q.C., sad Hr. WNamara were mne' for
the plaintiff : sod Yr. N. Chambers, Q.C., and Yr. Gray
for the daferedaat.

TlaTissue bunion the defendant, Mr. Gray (in the absence
of Mr. M. Chambers) opened the case. He said the plaintiff
was stationmaster at Crawley, in Sussex., and the defendant
was a young gentleman, aged 26, who had been brought up
to the profession of an engineer, and who entered into
practice on his own account in 1861. The defendant, on
17th April last, signed an agreement to buy a house, called
Idighfield Lodge, where be had been residing, from the
plaintiff for 2,000/., hut the bargain was to be void if the
money was not paid within two months. On the 12th May,
before the expiration of that time, the defendant gave him
a cheque for 2,0001. on his bankers ; but the defence was
that lie signed it while of unsound mind, and if that
were proved it would be a good defence to the
action. The learned counsel said be bad at
that time no means of meeting the cheque,
as he had only a balance of 2001. at his banker's, and his
other property consisted of a reversionary interest worth
40001. in an estate in the Isle of Thanet, which had been
imetgaged foe 2,0001. to pay his debts. He contended that
shifts cheque under thew circumstances was not the act of
stbaal man. In 1860 he became so violent that it was
umenry to plus/him under restraint, and in April, 1862, he
'bed a renewal of the attack, and after committing various
sets of eccentricity was sent to a lunatic asylum upon the
certificate of two medical gentlemen. After the lapse
of two or three mouths he got better, and now it was not
alleged that be was insane.
The following evidence win then adduced :
Mr. Henry Breton, the defendant's brother, a farmer at
Hawley, in Surrey, aid—ln autumn, 1860, my brother
was residing in Landon. One Sunday he came to
as. me. Hie manner was very strange. He walked about,
and plucked out the hairs of his beard. Be was not quite
right in his bead. Re said he was Albert Edward, Prince of
Wales, and also a greater man than Rothschild. Hie face
became all sore from pulling out his beard. He danced,
sang, and performed all aorta of antics. In the beginning
of this year again noticed something strange in his man-
ner. I saw him in a public-house at East Grinstead. with •
hat on made of hedge-hog skins. When be was at his bro.
ther-in-law's house (the Rev. Mr. Norton, curate of Horne,
Surrey) be conducted himself in a very extraordinary man-
ner. His bands and feet bad to be tied. He booked a
bole through the wall and was quite raving. He talked
incoherently. When given anything to eat be would
rub it over his face. He would drink beer, but
sometimes he would pour it over his head. In
May he was in the same state as to his mind. He
did not know what he was doing. I never knew of his
drinking at that time. I maw him at the Camberwell-house
Lunatic Asylum. That was when we took bim out. Re
then seemed quite right, and he has continued to improve
ever since.
Oroes-examined—My brother was on some works in
Portugal for which Sir M. Peto had contracted. I con-
skbired that up to 1860 he was • very temperate young man.
I know that since then he Ins drunk Drink had the effect
of exciting him. Ido not know that his illness in 1860 was
canoed by delirium tremens. At the time the attack was
on him he said we had ill-treated him. After he got well
I never paid him anything in the shape of mennsissaikra.
In 1862 he need to drink occasionally. I believe that is
April last be went to • volunteer review at Brighton, but I
do not know whether he then had a drinking bout.
He was angry at our not allowing him to drink,
but we allowed him to smoke. H. was kept tied
three or four days, but let locale at intervals. A
medical man saw him, and said he was tied down
in • proper manner. When he was released be knew what
he was about. Mr. Smith, • medical man, did not refuse
to sign a certificate of his insanity. I heard that he was
thrown out of • gig in May last. I signed the order to re-
ceive him at the asylum. There was a telegram from Mr.
Spencer, of the Bridge-house Hotel, in London, stating that
be was conducting himself in a very strange manner. It was
after receiving that that I signed the certificate. I applied to
Mr. Hayman, • surgeon of Town Mailing. to sign-the cer-
tificate, and he did so. My brother-in-law got somebody
else to sign it, but I don't know his name. He is a London
man. lam not aware that • Mr. Chapman refried to
certify.

He did not know his mother when he
was in the state I have described. He spoke to her
disrespectfully, but at other tuna he showed great affec-
tion for her.
Mrs. Mary Norton, the elder sister a/ the defendant, mid—
i saw my brother when he was ill in 1860. Between his re-
covery and March in the present year he was well enough,
but he seemed always strange. I• April last he swore dread-
fully ; that was contrary to his usual habit. He talked and
laughed at nmht when he was by himself, and woke us all.
He boasted at his great wealth, sod said he would keep
servants and carriages at Crawley. He also said he would
make a railway through the sky. I knew he was not in his
right mind.
Cram-examined—He became more sensible after he had
• little drink.
Re-examined—He was under restraint at my house, at
Home, in Surrey. He nearly knocked down the partition
in the room, and every one who came tear him.
Charles Turner, the keeper of wine shades in the Strand,
said the defendant's conduct was very eccentric. He had
awe offered witness a cheque for say amount, simply as an
act of kindness ; and once be stood on his bead, in imitation
or the boys who followed the omnibuses. Hie impression
was that the defendant was suffering from an attack of
delirium tremens. sad was not in his right mind.
Cross-examined—l had several business transactions with
the defendant.

What! with • madman!
Wither—Yes; we have transactions with madmen every
day of our lives. (Laughter.) The last time I saw him was
on May 29, 1862. lie came with no neck-tie on, and covered
with mud. I thought he was mad, but he appeared sober.
Thera was • wildness In his eyes. He paid me by cheques
They were for the right amounts, and were cashed by hie
bankers. I don't think he offered me the cheque for as
much as I liked by way of chaff. He was not drunk at
the time. I thought it was a piece of vain boasting, or the
saying of a man who did not know what he was about.
Edward &linter, landlord of the Fox, at Three
Bridges, said that in April last the defendant came to his
house and ordered three bottles of champagne, bread and
cheese, hay and corn for his horse, and. two gallons of
water, saying he was going out on night duty. The articles
were eventually supplied to him, and he drove off in his
cart. He used to lie down under his hone, and also get
under the table and say he was • volunteer, and was in
search for the enemy. He was well known by the name of
Bloodin. He wished witness to all him Bull, and not
Breton, as he said his friends were trying to take
his property from Lim. He owed witness 181.
odd, and on sending in his bill be gave him •
cheque for 401., and said he was to give the few shillings
over to the servants. He sent the cheque to his bankers
and got the money, but he gave the sum he had been
overpaid to his family. He did not think he was of sound
miod.
Cross-examined--He drank moderately. Never saw him
do so excessively. He had seen him the worse for liquor.
When he had the champagne he said be was going on night
duty, as he expected some one would rob his fish-pond.
Mr. G. Chapman, • medical man, said he attended the
defendant in September, 1860. He appeared in an excited
state; at first be thought from drink. He spoke
irrationally, but Le would not have signed a certifi-
cate of his insanity at that time. He was suffering
from great excitement. He struck the wall with his hands
and feet, and spat upon the ground and rubbed his head
in it. Witness then thought it seceseary that be should be
placed under some restraint. In May his brain was not in a
sound condition, but he was rational on some subjects.
Cross-examined—T was not asked to sign a certificate. It
RS talked about. To my recollection, I did not say that
I thought he was not insane. I considered he was in a state
of temporary insanity.
Re-examined—On May 29th I did not consider he was in
• proper state of mind. He was of annelid mind.
Mr. John Lacey, a surgeon, of Wellington-street, Lon-
don-bridge, said he was called upon to MID the defen-
dant in May, 1862, and after examining him he
signed • certificate. There was great excitement in his
manner; he laboured under various hallucinations, and fan.
cied he was Albert. Prince of the World. He emitted
great quantities of saliva, and showed extreme restleeneas.
Hs was also informed that he bad a similar attack before.
that he had written cheques for absnrd amounts, that thbre
was vest irregularity in his mode of berg, and that he had
indulged in spirituous liquor'. He then signed the certifi-
cate produced, upon which be was confined in the asylum.
He was still of opinion that at that time he was insane. The
insanity might have been brought on by drink and other
causes. He must have been working up to that condition
for months.
The trial had not concluded when the court roes.

COURT OF PROBATE AND DIVORCE.
Dec 17.
(Before the Jodie Ordteary.)

wrrr v. WILT MID

(Concluded from yaatarday's Exprru.)
Mr. Earslake summed up the ewe for the rearm.
dent. He maintained that both her pleas had been proved.
It was shown that she bad been in such a state of health mII
the time at which the adultery was Armed. that nothing
could be more improbable than the idea of her accepting
the improper attentions of anyone. As for Mr. Witt, not-
withstanding the attempt which had been made to depict him
as a model husband, it was clear from the evidence just