The Express.
London, England, 1859-06-23 00:00:00

THE EXPRESS, THURSDAY EVENING, JUNE 23, 15t9.

ante intcUtatuct.

COURT OF QUEEN'S BENCH,—Jesz 22.

- - - --•
%imp at NY Prlsa.—(Fefare Mr. Justios Hill Lad
Spirciol Jury.)
RUCK r. -Tl' •vr LI. Nb •NOTHEIL.

Mr. Rack !Mao called, his cram-examiatition less con-
tained se torows t belts txtraised byline Metter
M Luna 7?fen Joliet w..t &avian of my wile. Stie was
• room tidy who frequently tutted oar house with her
maker. I did not say brim the commiesiceer that /dim
Jamie had murdered her ebil tree, but, as Mir Jona would
give me no soc,.uut with newt to them, it occurred to ise
she might hate put Wm out of the way or murdered them.
1 don t know where they ire now, bat I was told, two ar
three uoniths bo.k, M • letter Etta Miss Joliet that they
sos E Vag well eared for. I told my wife of the 'llamas of
the children at Realiog. I almost disowned the children
after Joan's 001YMa to M. Mist lona has ample
moms of be, ova to provide for the children.
Mr. Chamber.—What d., you mean to my by telling us
you bad almost disowned them t An they not your own
children ?

Mr. I:tick—Bring them here, and tell you. They us
my children. I sent Miss J 'nes a 101. note for the support
of the rhildien after my release. Mies James asked rue for
an outrageous eum-5001. I hare mot takes say farther
notice of the children since. After haring been cautioned
by Mr. Weintigbt, I was eery mut4 on my suord se to
what I mid to any one. The last time the commissioners
came to see ens I did not 'path a word. I was on my guard
whilst talk to Dr. Stila ell.
Mr. Chambers—You don't mesa to say yon aro on your
Pant aaw f _

Mr. Rrek—l rather think I am. (Laughter.) I hams had
six childres by my wife; but there wee five years between
the first and secoad. I treated ray wife effectimately. I
@Mel towasda her properly. In the hacktiod meaning of
the term' we treated each other affectiosately. However, I
consider that my wile sad I mutually condemnd each other's
conduct is past years. Since my Times I have mortgaged
my pn.perty. I have dirposed of the mosey I raised. It err
a coesiderAle cum. I hare never wetted say of the mime
en my property.
Rerexamised by Seejeant Peteradovff—lt le a moat nor
war antabie statement that inanity le hereditary in my
family. I Bret became •-quiinted with Ilia Jones armee
you. ago. She frequently i carted my horse for months at •
lime. It wee Mrs. Mathew., my .110 al mother, who sent for
Mies Joan to come to soy hove my return from Rest.
I wit my Mrs. Mathews knew of my intercourse with Mies
Jose.. I oral y know of the children being bora through
Mime Jona. Mies Jessie (ether was a captain in the navy,
and was a perms of some property. 1 lied a violent quarrel
with Miss Jeep is Omits r. I frequently taw Dr. Stilwell
is the seylum. He spoke to am about my delusions on the
drat tow occasions. Imy he didn't make my endeavour to
remove them, Mr. Forbes Winslow mmaised moist March.
I sever repsrienostl say noium In my heed natil I went down
to Wales la October. At Readies I told Mr.. Ruck that
I *curd never agate rein to the charge. I bad made spinet
her, sad obi seemed to arquirt.e in the idea of our living
peaceably together. That was before Dr. Ciincilly mina
down. At the time of my explanation with Mrs. Ruck I
felt much better. Daring the time I wee in the myluto ine
rage were retained by my went. On my release I weer-
bleed that property to the o "eat of stout 2,0001. had been
sold darts' my detention. I have never received any potion
of the amount ',slimed. Nly Louse and lassie wore let. Mn.
Reek lived at Absirdovey. iu my other hobs& Ismediately
my discharge tegOtiatlolld were set on foot for •.seperation
frees my wife. Thee, or f tar years before ilm taquialtios
Mrs. Ruck and I frequestly mid, " Wo had better pert"
Fee a pencil of two years we lived in separate houses, but I
occeekroally risked her.

()tors. Randall, examined by Mr. Allen—l reside at Ba.
bury, Mildtem'. On the 6e c( November, 1867, I WOO
attendant at Moortruft•hmier. I remeosemer Mr. Ruck
being brought there. I took cheese of him. I)r. Pti
told rue sot to let Mr. Ruck poet any Mums, and never to
lam eight of him. Abut two days sitar he had beau Mem
be dr..' oat with Dr. BtOwell. He wee se quiet as say
gestlemas be the world. I wee fast months is attain/men
on hm, tamely ever leaving him (es as hoar. 1 west to
choral with him He coadc•nd himself tbere like say
other gentleman. I toed toga ehopp:ug with him, sad west
to Wisdom. with him on neural °cessions. He bad V. or
U. with bora. He laid it out very frugal.- Ha wee rather
ow. My orders were to let him egad it aa fast as he
I could.
Mr. Allen—Who told you that P
_ _

lb
• 7
! _ ,

6 1I
3
I le
•N
4 7
4 4

%liners—Dr. Elirwell. The mossy lured shoat a month.
I wee never Afrestel to sire hiu soy medicine. I should
hare Looses if be got say. About three weeks ate, he wee
there, Dr. Stilwell sMd it wee rely strange that ha (Dr.
9 dwell) could see wallas the master with him. I said,
" No; I win see whims the matter with Mee." "Well
leaid Dr. 94threll), should 7m: eke anything, take care sod
report it I seed frequently to report these wes scalds,
W mailer with Mr. Ruck. M. Stilwell sod Mr. Weller,
the smierent, both t. 13 I.(e Mr. Rack would he shortly
(Recharged. They said so bolls-t!ores time.. Dr. James
Stilwell-, of it:abridge, and Dr. Cosolly attended the pedants
or twice regularly. If Dr. George Stilwell was not et
home Mr. Weller seed to take Dr. Cottony would the rooms.
Before the Sth of Ncretuter I had teen Dr. Cosolly at
Moorcroft. house. He was then going round the grounds
aid the hoar. _ _ _

Clear-ezemlned by Mr. CU:Ars—l was in attendance
la die beat pees- sr wire I saw Dr. Conolly. I sew him
seta Ws two r”..tne, and then go down the merge leading
te the mbar& besrl him ask the patients how limy ware.
The pvesde riot be half-a-mild round. I saw Dr. Conolly
go as and spar to Mr. Rub. He wee sometimes or
wallas when Dr. Corny called. I ahead my I saw Dr.
Hardly speak to Mr. Sark maven or aikt timer. Try
• tall at the asylum, and I Imler Dr. Crotty was at it. I
Lett the NO= a =orb slur Cesistmes. I wan Ulf*
semetbies Mos lour nterltte I retorter Mr. Weller berg
Amok or sight. 110 .• 12dr-reefer lam I hare rid I
lart the prat bemuse he " bsllyresperit.. (Leughtw.)
Who I was bet re the Countabroser la Leary I cruet
reeoll,et whether I d! I not ray a word goat Dr. &dwell
Irving told me to lot Mr. Rua speed his nosey r fast as
be liked. At all events., It I did not I was sot asked the
rti. Mr. Rath spoke to r. le about his delusion as to
wt7e. I said to him all those matters were old to no,
and that I should say they weNi all delmi me I might
bre sold so ore or twice. I did not 1.11 Dr. Stilwell that I
hod endeavoured toAlart.:Er Mr. Rack._

Mr. Climbes—W.le )nu ¢ctcniorod to report your
oralerootios with Mr. Rork!.

Witseu—l was, but I woo n.t allowed to talk upon Mr.
Ifeelte deloolono. I should gay it wee the rub of the hoops
test to tooth apes n patient's delnaloas. Dr. Stilwell dal
oh nee whether he spoke shoat his wife and Mr. Barnett.
I told Mu that he lied doom SO mot or twice. I might have
told hits that Mr. Ruck th-y were ko Intimate.
Mr. CileMbelli—DM Mr. Ruck sever tell you that Mr.
Hearn was the pormerma of Ms wife?
Winer—Ho told me they were too fusilier. That was
ass date thilnetions which I oedema :sod to dispel. He told
ear of /be geolemes is ths coach, sad that she laughed and
sodded to that gentleman. Mre. Ruth came to Moorcrolt in
Jamey, sad, having seen her, I toll Mr. Ruck he must be
.hakes with cepa% to hag. ea she was • eery lady-like
;croon. Mr. Reek saw bee oni.e. I used to tell Mr. Weller
what hammed beams um and he need to report to the dop-
er. n Mr. Rock op he w roe shout his wife I might
hes " All thee here matters yon have bars Inquiring
into are quits old to me." Mr. Rack had always as objec-
tion to go oat with other genti.mest. I will vesture to say
that Dr. Stilwell said it Lie odic*, "He mead see solbiag
the matter with Mr. Ruck." He said that anent time.
When before the bitterer I might have told, " Upon ono
oceseite." I am ;weave he dad say so several time. It
may ha I recollect a IlUle Latta ain i. AG40114 teat. During
sey telemeters he was se tau co say men ia court. What
I so haws under cLAusii.ns, I refer to tte oossequasos o
hie alder the icdu. nee of drink. I posed &letter fee
him to r. Acworth. I toomiurd than sons Ume after-
, wardm When leaches I did Pay to Mr. Weller, I would
apes the ball urea the if.-)ture.- At lama I might have
sold ter. 1 memo by that 1 go end see Mr. Ratite
bi.n Is, sod soy them was nothiag the smatter with him.
west to Mr. Acworth at R after two or three meths
afterwards. I got Lis ed.:rem from Mr. Ruck. I wilted
foe three month. betas rides so. I took Mr. Rock to moo
nay sub', Mr.. Lone. Mr.. L.ne ie as indspendint lady. She
Lroair'y used to hare pap,' millt—thet is Lome my uncle
ded. I can't my for ontaia whether or not Mrs. Ruck came
to the asylum wore than once while I was there. She might
have done on whilst or wen oat 'talkies.
Re enewired by Mr. Jaism—l die:oaged myself from the
say lam. Mr. Nt eller had had • party at Christmas—.
flesup—esd because I awe soother did sot choose
to join him be insisted upon our going to bad. That led to
sogre words between so, which ltd to nay girls, 5.0.1 C•
wood go. I savor saw Mr. heak raise hie head against
any one. Mr. Rack o II um he took too much drink, and in
that state he did not know what Ifs wee &boa. Atter he had
been tore two days he Was quite well.
By • Jorytame—How was the money which Mr. Rock had
?
iron
Wieser—We Kest Brod deal rf money epos railway
travelling, sad ocuite.csally a late upon beer, but spas
nothing swage.
Thomas Roodell, a police:its. eisaalsed—l was a keeper
et Illoormuft mail the 12th of May. I was not there when
Mr. Ruck came. I saw Mr. Ruck nearly every day, and
saw so gigue of Insanity about him, sad sakes retest on
hi.. part. Dr. Stilwell told me sever to poet • later be Mr.
Rack. On the 91 of May he asked me if I had ham posting
letter for him. I sold I had sot. He said, "Tee have
bees potiog • letter for Mtn ; the lawyers are at week, sad
they will get hint oat." I WY discharged as amount of the
weeention. I saw • Dr. Cocoa,. go round the motabliehment
two irr three times a swath whilst I was therm He exualasd
o ti :,•tit 1 Was taking eat• Of.
Cri-ocaemined by Mr. Chambers—Dr. 8 ilwell, the
owl, tam ed expected at Um asylum every day. I will
ow. eidad amt.:. rem; day. 1 ow him than sonar
one, a week, sotte Imes twee, somaillenca three Use,
n wenk—,.n teas w, e.e se (WIC* M lbs day, hat that was to
we • porticUlar patter, and whilst Dr. George Stilwell was
111. 1 have roes Dr. Jews there totem Dr. George was
Dr. Conolly elm my patient eine tr lour times. Whoa
I going to my dome, I Imes looked through the each at the
floor; and saw lie. Conolly go and put his heed et the 1t,,.
heed of my piton' and feel 1, a palm. Dr. George, who.
he woo well, need to attend the patient& I board the
eorreate Nash of Mr. Itack's delusions. My brother left
More toe. I woo sot
,partla star s. to cloying at um
asylum, and thereforeh did sot tell Dr. Stilwell it was rap

benth,t had potted the letter, although my brother had
then gtao away. When before tee mega Is lunacy I mild
ctreiyrna-,1 I have sod to-day. It wee a the Mice Dr. Sal-
welt spoke about the I iwytra being at wotk. He did am say
soything about it la the meadow.
ite-examined-1 Dever new anything about Mr. Rack le
make ma think ha wee of unsound mind.
Thaw& re Pritchard, of the 15th Hussars, examined by
Serjseat Pateridorff—l was keeper et MowrenAt. I left
in August, ISM. I was is the habit of seeing Mr. Ruck
every day. I used to amoropany him sometimes in the
meadows. I seed to tad' to him. 1 thought he wee finite
ease. I retteirad iriructleas not to post as, letters for Mrs.
Rack. I bare MS Dr. Coolly mud Dr. imams Stilwell
there. I have area Dr. Cceolly come into roma mad ask
patient, how they VIM Thant would be tire or ma patients
In the roam. I have seem Dr. Conolly once • week, or
perhaps about three limn • month. I have teen him fool
the pules of patients. I ham been in different rooms when
Dr. Cinolly entered.

C►oes-examietd by Serjeant Dallantine.—l saw no Mlle-
MOD in Mr. Reek at the end of his detention. With re-
gard to not posting letter, that wee. general role of the
ettabliahment. Dr. James Stilwell might have visited the
establohmeot three times a week. Dr. Comity went through
the house will Dr. Stilwell. lie was sot always, however,
with dim.

Mr. Robert Davie Jones examined by Mr. Allan—l am a
magistrate and landed proprietor in Montgomeryshire and
Merionethshire. I know Mr. Rack, the plaintiff. I saw
him occasionally, but we were sot intimate. lam a direc-
tor of the Newtown Railway. Mr. Ruck was my brother
director. I met Mr. Ruck at the meeting of Octsber, 1867.
He attended several meetings In the autumn end summer
of 1867. He did not tab an active pert in the proceedings,
bat what he mid was to the purpose. I mw nothing to in-
duce me to think him insane, end I heard no remarks from
my brother direchge intimating that they thought bite so.
I have heard that there is a slate quarry on Mr. Ruck's es-
tate. I have biked with Mr. Ruck about It.
_ _

Cross-examined by Setjetnt Ballantine—l rarely met
with Mr. Ruck ezerpt on matters of business. Alter his
discharp 1 attempted to effect a reconciliation betweat Mr.
Ruck and hie wife. Hailed In endeavouring to procure some
support for the children.
Mr. James—We now propose, my lord, to put in the certi-
ficates of Dr. Conolly end Mr. Barlett.
This wee done. 1. Mr. Banter's certificate he declared
he wee a surgeon in actual previa. Tho order of Mrs. Rock
to Dr. Stilwell was likewise put in, and in that order Mrs.
Ruck stated that Mr. Rock's tneanity wee partly the result of
Intemperate habits and partly the result of a hereditary dis-
position.
Mr. James said he would next put in an extract from a
book kept at bloorcroft-houn sad headed "Dr. Conolly," in
order to show that Dr. Ccsolly had a direct profit from the
detention of Mr. Ruch in the establishment, and therefore
that he was not a proper per.= to have signed the certifi-
cate. Tho est rises to which he should refer were the follow-
ing —Under the data February 6, appeared—
" For Dr. ConoUy, for the quarter ending March the 30th,
1868, Mr. Rack, 161."
Becondly—
" For Dr. Conolly for the quarter ending Jane, '5B ;" and
then in the margin, " Mr. Ruck, 161."
• Lag discussion then ensued as to whether the book is
questies ought to le shown to the jury, or whether their
atiestlea eras to be confined to that ;cation of it which
marred lessodiately to Mr. Rock's ewe. On the one head
it wee argued that, under the order of Inspection granted
at disunion, only that part of the journal was examinable
white referred liamtdmialy to the payment, made on behalf
of Mr. Rock, and that in ail other respects the look was
Mabel. The °mirth= on the other aids being that the
*duff had a right to ell the documentory evidence which
would go to prove that to all intents Dr.Cosolly was a partner
ht the home.

Ttietros Hill, having retired to consult Hr. Justice
Erie on the point, said that it Tea hie opinion, oonliroted
by that of hi. bn.thor Erie, that the book meat be considered
as waled with Import to all Um other entries, saws these
isaseednitely relating to Mr. Ruck. Howse, it ass open
to the &tond to cull upon th• defendant* to moon the
awls, and if Uwry did sot, the plaint& ccedd give weessidary
evidence se to the content. In qusitios. At the sane tin*,
it would beeps to the pleintid 'a amuse' to coressent, in kis
madras to the jury, on the reluctance thus shown by the
defandaaes.

Kr. Chanties said that, having had his kiliship's sad Mr.
Juseior Ikke's opinions ea the point, he would at ones con-
fess that it would be better to submit the whole of the con-
tents of the book to his lordship—with this imggestkin, how-
ever, that his lordship would avoid mentioning names, is
order that finally teams should sot be disclosed.
Mr. Justice Hill the. went through the book, which started
from a period of twelve months before Mr. Ruck's miry
into the asylum, evils( the results quarter by quarter. In
the first quarter, aiding klatch, 1857, them was as entry
of 15 patient.' names, end after each some the stun paid to
Dr. Cunolly es his account was catered ; the amounts veriest
from 61. sa. to 121. 10s. The sum total for that sputter
was 1261. fte.; besides consulting fees, 25 guineas. in the
neat quarter, to 18 patinae, Dr. Comilly received. including
coseultatioe fees of 26 gninessos total of 2141. 9.. ; In the
nest quarter, 1641. 2s. Id. ; le the nest quarter, 1871. In
the first quarter that Mr. Ruck less at kloorcnift the total
received was 1761. ss. ; but nothing was said of a consul-
tation fee of 25 guineas. In the quarter ending Midsummer,
1658, the total received was pasted over.
Mr. Jarom-1 think, my lord, you will be able to trace
figures which show that the amount paid to Dr. Cosolly was
pretty mach the same as in the previous quarter.
Mr. Justice Hill—However, there is midsace of the usual
minenkstion fees having been paid.
Mr. Jamse—Tbs entry of 151. opposite Mr. Rook's same
is raplsicable by the statement that Dr. Conon_ y was to
receive lb per mat on the amount payable to Mr. Reek,
which was 4001. a yier • that would make Dr. Cenolly's
ahem 601. a year, or 161. a palmier.
The following entry from "the tam-book," at Moorcroft,
was then put is ; it wee made by Dr. Stilwell alter tho Wo-
of Mr. Ruck is Ansa kat:
ca'
"Mr. Ruck was discharpd by the decision of a jury on
hle nee, the lull particulars of which are given is the morn-
* papers. All that I. necessary to state* that I still ad-
hue to my opinion that he le • most dangerous lunatic.
" Angst 27, 18.58." "Orono' ham St

The examination of witnesses wee this named.
Mr. Timothy Norton WaMord, examined by Mr. Allem—
I reside at Reacting, and em a member of the College of
Surpass. I know Mr. Benicia. I hate known him since
the end of '66. lie railed upon me when he tint came to
that was la '56. He lett a card for me, but I can-
not pit. I returned the cell. I can't recollect whether
there wee may name oa hie door. I simply west into his
ball. I bare occesiostelly meta hint since at the Pathological
Society, al white be wee a member. 1 acutor met him in
esasaltation.
Mr. George William Wainwright, the plainiirs attorney
is this inquiry, deposed to the meaaures which had been
taken to obtain Mr. Ruck's discharge from Moorcroft.
Dr. 'ohne= examined-1 am physician to King's College
Hospital. I bare bad greet experience with respect to
cams of insanity. I examined lb. Rock on the Ith and
12th of August. His symptoms were decidedly con.istent
with delirium tremens. Os the 9th of August he was
perfectly sane. Delirium tremens did net generally call foe

Croweitandned—The safety of kttiog a man go abroad
depods epee Ibe nature of hie delusions There see pernas
Wmaay asylum detained for a long tiros through delirium
teems& It nay per into condnued insanity. No doebt
jeakeey of a win nay be a dangerous delusion. I warn re-
alist when Dr. firiFilaDr. %%saber, Dr. Couolly, Mr.
Lawrence, end Dr. were easnoned.
Ito-eannained by r. Janes—Would you confine every
gentleman in an Doyle= whir was jealooa of his wile, or every
lady who was jealous oe her husband P (Laughter.)
Dr. Johneon—C.ertnaly not.
Mr. akey, one of the 'valor surgeons of St.Bartbolomew's •
Sir. Jolts Oele, a k How of the College of Surpass ; and
AIL Edwin Cantos, surgeon to Cb.iing-noes Hoppital ;
were also exandeed, and each gave similar evidence to that of
the lest wear..

Titesarldleates of license grinted to the defendants were
then pot in, sad that closed the plaintiff's case.
Mr. Chembtrs would in the drat place submit that the
plaintiff had made oat no ease against ?Ire. Stilwell, the
wand attendant ; sad secondly, that as respected the first
end 'triad coups, the ilaintiO ought either to be non-
salted or • verdict ought to be entered for the defendant..
With regard to the first count, the evidence showed that
Mr. Ruck had been placed fn the sejlem ender • regular
order and • regular certificate—the order having been signed
by the wife of the petitot, and the certificate being given by
two medical men. That furniated a complete demure is the
first count - the trespass moot—for it wee not necessary to
' establish order that count that Mr. Rock continued, during
his detention, to be • lunatic. in support of hie argument
the learned tleman cited the ere ul **Nettie v. Stele" (3
En. Herons). With regard to the sealed moat, it was in-
cumbent by the 19th mention of the set to prove positive
knowledge In the defendant bat Mr. Rock had reeovotei.
Mr. Stirjeant Banalities and Mr. Hoorn.= having been
braid on toe woe tide,
Mr. Justice Hill said three wee evidence to go to the jury,
and so the came will be resumed to morrow morning (thus
day).