The Express.
London, England, 1858-02-03 00:00:00

LAW LNTELLIGENCE.
THIS DAT.

COURT OF QUERN'S BENCH.
(81tsisp at Niel Peas at Weatainatar—Before Lord
Campbell dad Special aeries.)
main AND WITS O. THZ LOUTH ILITIIHN ZAILIT&T
COKTkICT.-ACCIDENT.
__ _ -

Mr. E. Imes and Mr. Hawldna were counsel for the
tiffs; Mr. Sergeant ghee and Mr. Needham appealed
for the defendants.

The action was brought to recover compensation for in-
juries sustained by the plaintiffs, in coneequenos of the ac-
' cident at Lewisham on the 2811 July Last. The do-
ffed/ate had admitted that the accident was to he attribute/
to the negligence of their servants, and the only question for
the jury was the amount of damages.
It appeared that the plaintiff Collins is a young man about
29 years of age, and by trade a bout-closer. He was making
about 34 a week before the accident. On the day in question
ha and his wife were in • third-cleas carriage. By
the collision the break-van was thrown upon the
roof of their carriage,
. and broke tlunegh it. bk.
Collins's legs were jammed between the wheels of
the van and those of the carriage. He remained in
' that position an hour and • halt The inside of his left thigh
was severely 'wasted and the muscles torn. The wound is
still open. His collar bone was broken and his arm torn out
of the socket, four of his ribs were broken, and the lower part
of his person was so injured as to prevent the medical tam
from setting the collar bone, and his arm was still
out of the socket, and he was totally unable to work at
his trade. He was carried to St. Thomas Hospital, where
he remained for 16 weeks. His life was in danger for 10
days. He continued an out-patient for some time after
his discharge, and was also under the care of
his own medical man. He went to the osuntUt.
did not derive much beadle from the
The injuries sustained by Mrs. Guiana were not so serious as
those of her husband. Her left foot was caught between the
wheel of the van, and she remained in the same position.
Her instep was crushed, and she cull suffered considerable
Pak.
Mr. Timonr stated that Mr. Collins could not recover the
complete use of his left arm, the shoulder joint and collar
bone were deformed ; his hinge were injured by the feature
of his ribs, the wound in the thigh would continue open foe
some time, and the part would be permanently damaged.
Mr. fierjeant Shen addressed the jury for the defendants.
He sad the defendants were moat willing to give the Collinsin-
tiff every resaionable compensation. He admitted Mr. C
would no longer be abbe to pursue his former trade, but if he did
not follow that he would be able to fellow some employment
to support himself sad his wife. He was quite capable
of many employments end there use nothing to prevent him
when he received some hundred pounds at their hands, from
establishing himself as a master boot-closer.
His lordship having summed up
The retired and on their return they found a verdictfor theyplaintiffs, damages, 7801., which they thus ellqw-
boned : 6001. to the to 1001. his wife, and 801. for
the expenses

COURT OF BANKRUPTCT.
(Bdore Ur. Commissioner Gooniurn.)
IN to LYON BAKVEL.

This bankrupt wit; to-dayl;Oughiup—in custody to maks
eppliestion for his diacharge. His appearance wan much the
same as when he was last before the murk and did not dis-
play any of those alarming syn.ptoms which had been des-
cribed to the court when the last epplicatka was made. He

with a seat at 'lke table, and demeaned

himself very quietly.
Mr. Norton appeared for the assignees. Mr. Sturgeon sap•
ported the application of the bankrupt.
Mr. John Wilcox Wakem, of West-square, Southwark,
surgeon to the Queen's Prison, was examined by the Com-
minions', and deposed—l have attamled Lyra Samuel, a a
patient, for the last six months. 1 Lave observed a greet
change in him. His health has been math Unpaired, and
hs has exhibited symptoms of approaching inanity. If he
is much longer incarotsated I thank he will become of on.
sound mind.
The Commissioner—Under those circumstances I think it

ra duty—
Air. Norton—May I a& this witness a few questions?
The Commismioner—No, I think not. The matter is one
entirely in the hands of the end. The court has been in-
formed that this bankrupt is not in such a state of mind that
he can answer ; and for that reason 1 don't Wink be should
be continued longer in custody und,r this warrant.
Mr. Norton—The wigwam have endeavoured to do their
duty heretofore, and they have done so in this Mimes.
They have sloe had Lyon Samuel examined bye very com-
petent gentleman, partly by the kind 11111W111)00 of the official
soignee in this case. His opinion is entirely at mimes
with that of Mr. Wakem ; therefore I submit that I am
entitled to ask this gentleman a few questions,
His Honour concurred.
By Mr. Norton—The bankrupt is a may irritable and ta-
citable person. I have formed my opinion from an ohne-
vation extending over six months, and from the reports of
other prisoners, who stated that he was in the habit of get-
ting up and walking about at nights, and going into thir
rooms. I have had muck experience of maw of insanity.
He suffers from great excitement at times, end &premien at
others. I have called on him unexpectedly, and found him
=I.I am not aware that he gaffers from any partkular
That would be decided unsoundness of mind.
The That is only one form of unsoundness
of mind.

--
Witnese—The body suffers as well am the mind, and that
Is one of the first systems of approaching bseutity His
bodily health saws from hie mental derangement, and the
state of the brain reacts on his mind.

His Honour intimated in *pinion that Mr. Malcom ought
not to be erns-examined as a hostile whams.

Witness—The symptomßjraiproacldag insanity are so
vary obscure that it requires an obeervation extending over
some sit months to detect them.

—TheComMiasioner Li; it not one of the most common
symptoms of approaching insanity that the person suffering
becomes regerdtess of truth ?
Witness—ln many oases tt is.
The Commissioner—ls it not a common case?
Witnem—Yes.
The Commissioner—Well, I am sati.fit d.
Mr. Norton said the assignees did not wish further to op-
pose the discharge—the bankrupt bring adjourned sine as.
The ansigness Lad thought it their duty to take the opiaioa
of an eminent practitioner, Dr. Atkin?, which would be laid
Idles the cart.
. . . . . . .

His Litman said he yelled in preference on the opinion of
Mr. Waken', because it was founded on en observation of
six months ; while that of Dr. Atkins bad been formed from
a single visit. This came was ens of a mealier character,
end not likely to recur. Had the bankrupt been
..ommitted as a punishment for any offence, or in
coaseepeamme of any offence, this evidence would
not have been sufficient to justify the Court in
interfering to discharge him ; but he was manumitted for not
answer, fully and truly, to the setiefection of the cent,
the qons put to him touching the disoovery of his melte
end Whose, and oonimithed only until be did so answer.
Now, ft was shown, to the emit/action of the court, that hie
stied was in ameba slate at present that it would be impossible
to rely on what be said. His mind was off the hinge ; end he
was incapable of doing that which he was committed for not
doing. Everybody was aware that one of the earliest symptoms
of insanity was a disregard of truth, sid a fanciful way of
looking at facts totally al variance with their reality. That
being so it would be imposeible to retain this man longer
in custody, on the ground of his not answering the questions
put to him, when, by the art of God, he was incapable ol
doing so, end more particularly so when it was sworn by
the semi competent authority that if he continued in
prison the result wodld be absolute insanity. The order
of the wart wee that he Auld not he recommitted, but
that his sombation should be adjourned without day, with
liberty the either piny to apply to the mart.
Mr. Sturgeon rind for protection, but this was refused.
The following leeks of an eppliradon for his discharge
from custody wu served upon Mr. Norton, the solicitors for
the assignee's, and oleo upon the detaining creditor, at whose
wait he has been in prison :
" In the Court of Bankruptcy.
" In re Lyon Samuel, a bankrupt.
" Take notice, that an application will be made to Mr.
Commissioner Goulbton at the sitting of the court, or as
soon after es counsel can be heard, on Friday next, Jan.
for a day to be appointed fur the bankrupt to be brought up sad
further e:aminsd with a view to his being discharged from
a warrant at commitment for not answering satisfactorily
and also pawing his last examination and being disebargs
out of custody, __ " L. fistula..
" Jan. 18, 1868.
" To Messrs. Norton, Son, and Elam, New-street,
Bishopegate."
The above notice was Sled on the 20th of January.
The whetter of the detaining creditor, Van Penh, attended
on the present occasion, and, following Mr. Norton's sc-
amp* consented to the discharge of the ban or which
is the same thing, did not oppose it. Noted
this his Honour ruled that the notice was too tableau
and that every notice for discharge mat be made
the subject of a new motion, of which four days' notice must
be given to the parties. The result is that the bankrupt
still remains in custody at the suit of certain creditors.

CENTRAL CRIMINAL COURT.
THIS DAY.

OLD COURT.
(Mors Mr. Janke Williams and Mr. Baron Brustral.)
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