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

LAW INTELLIGENCE.

(THIS DAY.)

COURT OF QUEEN'S BENCH.

Silllap •t Nisi Prim.—(Before Mr. Justice Hill sad •
Special Jury.)
urCK r..TILWELL AND ANNUL

This case was resumed this morning.
Mr. James announced that it war not the Intention of the
plaintiff to go to the jar, on the remind want: that wail the
count charging the defendants with detaining the plaintiff of
Moorcrolt HOUfe aft7e they had noticv of Lie recovery. Hit
lordship, therefore, would have empty to deal with the
irerpars count, which charged the defendants with confining
Mr. Ruck In a lunatic asylum fur tan months, contrary to
law, and against his will.
Mr. Chembvre, on behalf of the defendants, then declared
it was int his intention to mil witnesses._ _

Mr. Justice Hill—That being so, let me asp, that for the
purp set of this day the inquiry will be thee limited. I ate
going to rule diet it the jury fled that Dr. Comity was
tither pert prootietor of Moor, roft Home, or that he was
the rtaolar nittliCa attendant there, the plaintiff was entitled
to a verdict.

Mr. ii;;es—Would your lordship leave it to the jury
whether Mr. Barnett was in sitruil prectir, for in his cer-
tilicate he states that he wai? Evidence haa been given to
chew the astrary.
Mr. Justice Hill—Them is no evidence to dew that the
Stilwells were aware that he wet not in practice.
Mr. James—Well then, my lord, there is evidence to show
that Dr. Comity was a partner, sod that he was PO with the
linewledge of the defendants, and I weeild, ale. see your
lordships to leave it to the jury to my whether Dr. Comity
had examined the plaintiff in Mr. Beriattes presence, for in
either of tLcie cases the certificate of detention would be
Ilepal.
Mr. Justice Hill said he would do so.

Mr. James then rose to sum up the evidence. The learned
gentleman, io the first instance, expressed his astonishment
that no evidence was about to be offered in suppot of all the
mberaLle insinuations that had been east upon hie client
throughout the morns of this enquiry. Why had not Dr.
Stilwell been called? Why had not Mee. Rack bees
ti show that there wee the slightest pretence
Ice this detention. The chase against Dr. Stilwell was that
ha, be;og a proprietor of a loasitc ei,yluen, bad, contrary to
the rents, coefined a plump not a dangerous" lunatic to
his house. The learned gentleman then proceeded, at
greet keg*, to show that Dr. Co:molly was a
part proprietor of Moorcroft Hones, and that he was
the regular medical attendant of the establishment. The
. .

imasnentadum-book which had been put in yostra day, and
which he shoal.' certainly ask his lordship to hand over to
the jury to lobs with them into their private b a as he was
quite sure there was no danger of any delimte foully trans-
so ions haring been unmarked—that book would
trove beyond all question of doubt that Dr.
Connily's share of the profits of the establishment
smooch d to 7001. • year, independently of c..usulting fee to
the talent of 100 guineas a var. He did not believe that
Dr. Cottony himself would swear that be was not a
part proprietor of Moorcroft House. The fort war,
Mr. Huck was labouring under delusions prodtmed by
habits of intemptranc,, but the =meat he found • friend
in Mr. Weintight these delusions sere all dispelled. The
eely persms ttet could have disproved the recovery of Mr.
Ruck were the commissionen, and who were the commisions
ere that day? He would 'maintain that the commiseirmers were
deficient in their duty in nut coming forward and saying whet
they knew of Mr. Ruck whilst be was detained.
Mr. Justice Hill—This is • private ease, and it is therefore
talkie to observe upon thee monsisploners not coming forward
with evidence. It rests entirely with the counsel for the
defence what evidence Is to be offered.

Mr. James would still tectend that If the comodeeicatere
had dome their duty, they must have been celled as wit-
nesses. The learned gentleman then proceeded at great
Vetto deal with the grounds upon which Mr. Bennett
r. Coolly had certified the insanity of Mr. Rork, and
(shrimper the jury in an insparsiosed manner to express
their horror at the erne, treeoment which Mr. Ruch had
revived by giving him substantial dosages.
W. aminstiers then rose to addles' the jury on behalf of
the defoadeats. la the first lilacs the harried gentleman
vindicated the law, and showed that it woe impartible for any
one luring relations that were at all friendly to be detained
illegally for a single day within a pirate lunatic asylum.
The knead "(oilman then contended that it was plain
hoes the evidence that Me. Ruck was a dangerous Nestle
on the 6th of Novenas; 18.57. sad therefore, according to
the cannon law alibi lead, Dr. Stalwen was quite justified
I lidelsios W. Reek.
(Ties meow= protatailas when our report left.)

SURREY SESSIONS.
(THIB DAT.)

(Wore T. TiWe, Esq.)
101114E1MM ♦T IDIOM RAM.

William Brodliy, 26, taller, smd /nits roots, 42, watch-
maker, were tadlect d for steallag a gold watch and chain
from the person of Richard 'Aedhnree, and a watch from
the person of Omega Bilverton no Epsom race-course.
Mr. Lilley defended the priieners.
Police-sergeast Catalt,n, 34 V, said that he was as duty
in private clothes on Bosom rec.-coarse on the Derby Day,
when he sew the prisoneas Wofilejr togrher among the
crowd. Knowing thorn to be reputed thieve", he watched
them, and just as the grand rare was beteg run, and the
bones were sevier the winning pose, witness heard
some one all out," Thieves ! Police'" He rubel through,
and, with the atilititllA of other constables, moored the
•
peasantry.
Both the prosecutors Forel baying been surrounded by
the prisoners and several of their cAnpantnes. Mr. Med.
hunt was robbed of big gold watch and Albert chain, and
Mr. Bilverton's watch was broken from the bow. _ _

Mr. Lille'', for the defence, said that at the time the
crowd was eo great that it wee impossible for persona to
'void being pushed about ; and because the prisosera haps
paoad is be forced sear to the proueutors they were given
late custody se thieves.
prottecutoes distinctly swore to the prisoners being the
perdue who robbed them.
Thejary without hesitation retained a verdict of theilty.
Me. Tams, tht depw y-chsirman, asked what was known
of the prisoners
Tim constable laforined the court that they were notorfoart
thieves and had both bees previously tried and convicted or
Gustier t E.nces.

T o eoUiteeatenced them t 3 loth yore' panel servitude.
Luke &oft, 30, labourer. was indicted for steeline a silver
watch from the person of Themes Po)nty Richmond, at
Epsom.
The proeeeotoe in this reel wee nearly opposite the
Grand t 8 on the Derby day, when the prieoner pushed
tizahri. i7t him, end on I
been tieffdaotert:ebt:new7 the watch In
The jury found him Qnilhi, bat net bung previously
known, the court sentenced him to only six months' bead
labour. . _ .

Wanes Clark, 25, peleter, wu Indicted for attempting
to steal a watch from the perms of John Robott Thomson,
at Epsom.
The preetestor said that be wee is.. the Grand &end on
the Oak. Day just es the rare was about to be rue, when
be felt a tag at his waistcoat pocket, and on looking down
saw the prisoner with his watch le hie hand, endeevouring
to get it off the chain. He enstchrd it from him, and gave
Ida into the custody of a polke-coustable.
le defence the prienner mid he yoe pushed against the
gentlemes, sad the watch was dragged oat of his pocket sod
fell hiti hie band. He woe about to hand it to the prom-
cigar, whoo he gave him into mittooty.
The jury found him Guilty, end
The court believing it to be his Brat offctioe, sentenced him
to three months' bard labour.