The Express.
London, England, 1859-07-08 00:00:00

Lila inttiligtrut.

COURT OF QUER.Vi RESCR.—JULY 7.
Sitting at Nie Prue at Guildhal—(Before Lord Chad
Justice Cockburn and • Special Jury.)
tL ITC N tea C. VIATCII3II.
Mr. Edwin lame*, Q C., Mr. Dish. Q.C., mid Mr. Pres-
Cm a for the plaintiff; Mr. firrill, Q.C., Mr. J. D.
Co , mad Mr. Hamm fur the defendant.
In this ere Kr. Edward Philip Fletcher is the plaintiff,
and Mr. Idirard Charles Fletcher the delendeat, and the
action Is bras* kit arresting the plaintiff and confining
him in n rime* 'ogle soyium
The Minding pleaded, ant, sot guilty: secondly, that the
plaintiff was a parsed el mmound wad, aced it was daagerone
that he sMeld be ellowed to go stout, sad therefore tea
the delsedest had osellsed ham And there was a third
plea which dated merely that the plaintiff had cooducted
himself as • pines of unsound mind; -but it did not allege
that he wee tiesgeroun, and foe that moos the Court of
Quern's Bench es argument held the pits bed.
Mr. Z. Jame then stated the ass. The plaintiff is •
young man of about 28 years of ego, and he brought this
action os amount of hie dialed* is • private lunette
asylum, although not only was he not Means
at the time of hie Long placed in the asylum,
Lut he lid not been no at any time of his life.
The defendant was his uncle, and he rhould shortl elate the
circumstances under which the detenticn took place. The
plaintiff was the son of a Kr. Charlie Fletcher, • member of
the well hams firm of Alexander, Fletcher, and Co. The
father died la 1818, leaving the plaintiff behind him as his
only eon. Not long previous to hie death Mr. Fletcher made
• will, leaving to the plainriff • sum of 5,0001., which was to
be paid to him rn hie attaining 24 years of age, besides which
• further sum of 6,0004 wee to revert to him after the death
of his mother. At the time both the., sums were inverted in
the business; but in addition to that, the plaintiff believed,
and still did so, that hi. father was entitled to • ens of
40,000/. frem the firm at the period of hie death. It was im-
ortant to bear that in mind, because the two doctors who
hod bean induced to sign the certificates bad thought proper
to allege, as • ground of insanity, that the plaintiff had
believe" he had • claim against the arm for that amount, as
the residuary legates of hie father. Well, not one defile; of
that mosey had ever been ree..ived from the firm. The
plaintiff applied from time to time for a statement of ee-
lmoats, and at length • statement wee banded to
him. Now mask, the father died in 1848, but the
accounts extended down to 1867. On the face of the m-
eows', it apred that the firm owed to Mr. Fletcher oaths
time of hie death 44,00 W., but the exploitation_
_glees wee
that down to 1867 the muds of Mr. Charles Flee ola
coosequence of the losses of the company, wasindebted to
the tirm in a sum of 117,118/. The plaintiff, after hie
father. death, went oat to India se a cadet, aocompanied by
his mother, hot in coesegoaew of peeutiary difficulties Its
was obliged to throw up hb appointment sad return to Hag-
lead. Ile then obtained • clerkship in his uncle's (Kr.
Jape Fletcher) firm, the firm of Alexander, Fletcher, end
Co. After that, namely, In 18.56, be obtained an appoiat-
met is the Turkish Contingeat, and he went out to the
Crimea. Whilst at Hertel, owing to Led living and intem-
perate habit., he was wired with epileptic ate. He returned
to T:oglanl in 1866, !tsetse; nothing to depend upon. How-
ever, ultimately as arrangement was made by which the
Sem cospated to allow him 30e. • week. After • time he
IPSO lodged in Whitacre's-rarest for debt ; that was in
Sepimaher, 1867, Lut Is the following December be was re.
hued beta piaoa by passimg through 'ha Insolvent Court.
At Um tins et Ws arrest he wee living in Orebard-strest,
Portmesessisere. Whilst the he was attended by • Mr.
Squire, • neighbouring apothecary and surgeon, on socogat
ifefßeNn Its In March, 1848, Mr. Squire, whilst in M-
em, Wray:iced to the plaintiff as • itiend of hie, a Dr.
Woxl,the haw of a private lunatic serbite, celled Hear
eispon-lbesse. (Mr. James than detailed the elect state of
the law on the eneject of detention in lunatic asylum and
plated oat what the law required before detention Could
take phial.) Not long after the plaintiff removed to lodgings
lea Iston, sad from theme he wee rem. red under cretin-
edge by Me. Squire and • Mr. DAL • mimeos, of
iteemat's perk, and by the order of Lieut.-
Caked „ the deLes&st, to Km•Wpos.hosee. The
✓esesest Pa pipe ea the 15th of Much, 1868. 11r. lisoire's
eeelletle shied an the fame observed by himself sad na
which he gesealled hie certificate. three several attacks
inensleal aeshenee daring ose of which Mr. Fletcher
midi= alempt et : ',adly, that he had
eedhemerell ettlhe (Vl:37nmm) ; thirdly, that he
we. vela a dirks lot he was going to be married
to • lady elms ilietss• would suable him to prosecute his
claims spirt the that,. fourthly, that Mr.Flatc wee under
as Weskit se to them bane ape the wall. Now he
(Mr. Jamie) would be able to show that either all the
malamute were tea ne. oe that the erympt ims referred to
were set the amoral consequesoe of hysteria, unity which
Mr. Maher laboured. Mr Gilt, who be believed was
at all pests ea oceesiosel attend tat at IC.neinatos.hosse,
awl who was intradsced to Mr. Fletcher by Dr. Wood, re-
fereed Is his swillisate to the plaintiff's gonseel lowbrows
of emaserotad the peculiar expression of his lace shoe his
; ids deletionregarding money due to him by his
lather, }nisei Is hie hequ.st end pa me swearing, sad to
his c 'mitt Ammer t melds his disreputable araciatee. The
order of Veatestaot-Colonel Fetch, r meted that the cat ject
was liable to eptlepein %Macke, the durettou i !which was un-
certain . . that it was doubtful whether it eat • suicidal ease;
het that the patient was sot dangerous." Under them
certificates and wise that order Mr. Fletcher was taken to
Heasingtoalsouse end detained there from 'ha 15th of
March until the 30th July, whim he to.sle hie 60,44 in.
dog elecumetaacee which would be &toiled.

- -
The Worry endear wee thee called:
Mr. Edward Philip Fl•tcher. ermined by Me. La A,
Q.C.—I am 29. The defendant is m mete. lly hare
wag • member of the firm of A Fletcher sad Co.
I was educated at Wog .ad New College, Oziked. My
faqir died in March, 1848, learnt myself and • sister. (As
extract from the lab Mr. Fletcher. will was hen reed,
'chick showed that 5,0001. wen to be paid to the prang or.
big strains 24 yens of age, /riles whine he wee to re-
ceive • farther esa of 5,0061. or. the teeth of hie mother; he
we. revive grade residuary e of hie tether.) I we.
roads • clerk hi the arm after my bares death, at 100/.
• year. I reenaird In that suntlea about eightren
months. I the went to India se a cadet, and my mother
rat with me. la 1801 I retained from India. 1 ors-
elooally saw my awls after my return. la 1852 I sent
re Artier. I We. fe • beak t 0.,,, sad efterwerds
ke the orearlement department et Victoria. Is 1885 I
ere Irk, sad went oat to Kedah as depetparteletent-
eurimiere of the orderer geld testa. Whitt
rare Ire talus M. I drab • good deal whilst at bertch,
she bM gewerally rather a fast Pk. 1 wee Hader audios/
treareat hew an attwok like hysterics. The attacks bated
gareUres 48 hoars; they occurred eery fuetnight for some
✓ear. Is 1858 I Mater to Engl. I had ea stack
as my way hoar ; Q lasted about tree hoar.. I lived then
to amen-street, &rand. I next west to Erlegasfee three
ream I the west to live wi b an old earmat of my
Litho's la a maws tear Grosvenor-squire. I had ao Maas
at the time. I lodged there Ms Dionles. I had the. or
four attacks whilst are. Whilst ti.ere I bemang aceretatsd
sink • geatletur tamed Hasneworth. I made aa anXiCll.
Ito& to my wade. Mr. James Fletcher. la Fennery. 1857, for
an amount with retreat c to my father's property. Noaaswer
re given until Mr. Heinewoeth applied to my litre. re-
cutors. (The account Teetered by the earaing tree this
put in. It was Maned by the member. of the firm, Air-
soder, Flettiter, and Co , iacludiag Mr. Jame Firer.
TM amour made oat that • balsam of 49,0001. me dr to
the plei•titi'a tether la 1548.) Ths firm retard to make me
any allover* e far tome time. However at bag* in July,
1657, they ward to allow me 30e. • week. It c,ntinued
maul I was wrested for debt in depteraber, 1857. 1 wee
takes to Win ecru.. etre d for necn!y_ doe leer lodgings, and
them the ail resat. wee snippet. Wt.iist in prison an old
cirri friend. Mr. Croke, Adams, called upon me. I had
so amass. Mina all that time. Mr. Adams, however,
called apes my ark, gad my taliwano. w renewed. I
left Whirregenrest in December, 1857, daCbargad AI an
Mourne. Lly whole debts amounted to 2701. I torn went
to reside in OrehardAtreet, Portcessurneers, at the hour
of a Mrs. Draper. My allowswe was contract to me.
Whir at Mr.. Draper's I bad attacks; they occurred **De-
tres every tiro weeks, arimetres grey bar. Wallet at
Mrs. Draps • • Mr. &peke err seat to Mead me. He
armlet me about el* ware. I told Mr. &mire at the state
of my Artily acwounte. I explained to him the mature of my
claim. I err saything bat well at the sad of the P;X weeks.
I had thrower fear misuses during Mr. &pia. attesahree.
la February • Dr. Wood extol to Orchard•street. I had
received ao gorier latiesation of his coining. I hod not
err my uncle Jars since January, bat I bad drawn
hems epos him for my allowance. I bad not fern my
mob Chance, the defendant, since I weal oat to the Crimea.
117 run Cheer her near Met,htone. Mr. Squire wall
reser when Dr. Wood oath, to -n:. He seed um about
my will, ead I told him when I we. dead It would be time
vomit to are the wrests of it. Lie said, "If you dm%
let me ere It in order to deterru,nn r to it. brig
retired will, I mast conclude you are of ararad rad."
I lied mover seta Dr. Wood belay. They both weal
owauthea. I dined oat • dry tar two afterwards at a Mr.
Itadle la Waster Whilst there Mr. Hanieworth .yelled
era air. Lig egaseqemece of what ha said I next heck to
my ledgiegm I tedd my leadlely on my Mani I brlkVed
thin was onneptracy to lock am up. 1 said I wool I a-4
ere Mr. fiquirt if ise called. Nevertheless, Mr. Squire
ford Ids way up into my Oulu room. I found kit. then
I told blue I didn't require his a relic., and he weat,d are
then to go to • medical friend of bt. in the country, but I
diction se do So. I then talked cf leaving the lodgme;
but I said I had not made up my salad whose I w0..2 go to.
I bed decibel, however, U possible, to goo/mad. Mr. Squire
reiterated ha desire I should go to hi. friend, but I would
not do so. I was obliged to leave the lodglege mat day,
sad then I took up my gasrbrre la Drook-stre. t, Idiagton,
and I wrote to Relay from then shit I should not hquire
b's earria. Oa the 18th of Mach. &rim drove up to my
done, but my laadledy rid I *as not at home. I
whirred • letter to my orb, James Fletcher, on the
13,1 t. of Mark ea the
_subjen.nrflaitir!.'e

pt es rash. Oa the Sou;my followthil hosed Mr.
Nide* opos•he my bedroom d or, Lacks vary white sad
very sewed. (no letter of Mr. Jamt• Fletcher was thee
put la sad nal—ft Mated that Mr. Squire bad ao authority
boa Nu Is call apes the plaiat.tr. It dal sot reach him until
lbs Mandy) I heed &VISO at my data with a whoa of a
Wier la hie WWI, alike he rerms.ed me to retreat. Oa ra-
ttails's to de le be drew back sad pt.llad the dam open, sad
dim mg, .• Mr. OW, lb. Pietas r and I caa't sorer, sad I
his te heal Ida ever la pm. • lid! this eau that &Imre
would me it far the Idler. 1 wt.! laam he *got do as he