The Express.
London, England, 1847-01-14 00:00:00

COMMISSION OF LUNACY.

Yesterday, a commission de lunatic° inquirendo, was
opened at the New Globe Tavern, Mile end-road, before F.
Barlow, Esq., Muter in Lunacy, and fourteen special jurors,
respecting the state of mind of Mr. J. Johnston, of Upper
Brook-street, Grosvenor-square, saddler to bar Majesty.
The case excited some interest, on amount of the
commission being issued by creditors, although with
the consent of the family. Mr. Bujeant Allen, with
whom was Mr. Raffles, appeared in support of the
commission, and, previous to the examination of the wit-
nesses, Mr. Johnston entered the court in an exceeding)y
pompous manner, taking a chair by the side of the learned
master.—ln answer to the commissioner, as to whether he
understood the notice, Mr. Johnston •answered is the efilr-
native.

C. Marshall, of Whiteebapel, veterinary surgeon, wee the
first witness examined. He war brother-in-law to Mr. John-
I aeon, in whom he observed, in the middle of September last,
a particular alteration. He was then much excited, and told
witness that he was so delighted that Harry Hill, who is an
influential man in the betting world, had undertaken to
settle his affairs fora small amount, and that then he should
have a balance of at least 10,0001. He was very incoherent
in his conversation. He fancied himself • great man,
and of vast importance, and possessed of a large
sum of money, and he attributed all this to betting
debts. I was told by him to buy the nicest pony
that could be got, and also a handsome four wheeled chaiu.
There was not the slightest foundation for his assumption of
wealth, for his affairs were in • state of insolvency.—Mr.
Johnson, springing up suddenly, said, with great emphasis,
"I deny it; I have 5,0001. of my own."—Wimeascontanued:
Had examined the books, and tound the debts to Mr. John-
ston were 1,2001, and that he owed 1,8001. The furniture of
the house in Brook-street, as well as the house at Shirley,
had been seized and sold for rent,
Robert Haywood, also a brother-in.law, had been directed
by Mr. Johnston to go to the Phcenix Fire-office, and insure
for 10,0001., and took • paper with • statement by Mr. John-
ston, but it was not understood. Witness thought he was
living extravagantly in keeping two houses, when one would
have been sufficient. Had examined his books in September
last, when Sir Charles Cockerell and Co., of Calcutta, ap-
peared to owe 8001., but from them he learnt that they were
creditors to the amount of 4001.,:but said that they had unsold
in their possession, without naming the amount.
foods
The 'remainder of this witness's evidence was in corrobora-
tion of the preceding, tending to show that the unfortunate
man was insolvent, though labouring under the delusion
that he wee wealthy.
Mr. J. Johnston, son of the alleged lunatic, spoke to his
father's insanity.
Dr. Palmer, resident medical superintendent at Grove

Hall, said that Mr. Johnston was brought to the
asylum on the 15th of October, and, from an examination,
found him to be in an incipient stage of general paralysis of
the brain. He was convinced of this from his mode of
speaking, and also from his saying he was in good health
when his health was very feeble. This was a striking fea-
ture of the disease, all persons suffering from it labouring
under the delusion that they enjoyed good health.
After some discussion as to whether the iuquiry should be
adjourned or not, to
by
Mr. Johnston an opportunity of
being represented counsel. Sir A. Morrison was
examined, and gave it ax his opinion that Mr. John-
ston was of unsound mind. His malady was of that
character, being incurable, that he would not be ad-
, 'anted into Bethlein Hospital. He might live with gene-
ral paralysis of the brain for several years ; but it was a
remarkable feature in the ease, that up to the last moment
persons suffering from it were cheerful, and believed they
were in good health.—Mr. Raffles summed up the evidence
in support of the commission; and, the learned Master
having summed up the evidence, the jury returned a verdict
" That John Johnston is now of unsound mind, incapable of
managing himself and his affairs, and has been so since the
18th of September, 1816."

MIDDLESEX SESSIONS.
Before Mr. Salmi Adams.
QUESTION OF FELONY.— William Stokes, a simple look-
ing countryman, was indicted for having stolen fifty-five
pounds of hay, the property of William Simmonds, his em.
ployer.—Mr. Payne defended the prisoner.—This case in-
volved a point as to what constitutes an act of felony. The
evidence was that a policeman observed the prisoner, who is
a farm servant, proceed to a hay-stack belonging to the pro-
secutor, a grazier at a small town in Hertfordshire, and cut
therefrom a quantity of hay with which he went towards
his toaster's farm-yard. The constable stopped him, and
asked hint what he was going to do with the hay, when he
said his master had directed him to cut it from the stack for
a sick horse. Upon inquiry being made, the prosecutor said
he bad not so directed the hay to be cut, and the prisoner
was charged with the felony. In cross examination the pro-
secutor said he had a sick hope at the time.—The learned
judge, in charging the jurg, said this was a peculiar case.
Be remembered unite tlfit two men were indicted
under similar circumstances for stealing oats. The I t
jury who tried one case were directed by the judge
to find the prisoner guilty of felony; and the jury
who tried the other were directed to fisM to the
contrary. Now, in his (Mr. Setjt. Adams') opinion, this did
not amount to a felony, for the prisoner was proceeding to
his muter's stables to give the hay to the sick horse ; but
the law said it was, and therefore be must submit to it. It
was a preposterous law certainly, for by it a nursery-maid
might be prosecuted for giving a child milk without first
asking her mistress's leave. In his own house he had de- , -
tected his groom feeding the horses with bread; sod the law
empowered him to bring that man to a criminal bar, and for
no other crime than that of over-kindness to the horses under
his care. lie could not reconcile to his own mind this ex-
traordinary doctrine, for it cmstrued care and kindness into
crime, and he hoped soon to see such a monstrous law re-
visa—The jury found the prisoner Not Guilty.