The Express.
London, England, 1861-01-19 00:00:00

BOW-STREET.

Mr. Welsby, the barrister,cortrucied by Mews. Vander-
com, Ctee, and Law, on the part of the Commissioners of
Lunacy, sppeared to prosecute • ammo= against Dr. Her-
bert Kelly, d Pinner, for receiving into his house a lunatic,
to board and lodge, fur profit, the house not being licensed
for that purpose, and there being no certificate of two
medical men as to the lunacy of the patient.
Mr. Best, instructed by Messrs. Cluing and Henrich,
6PLenfor the defence.
lialsby, in opening the case cited the Bth and 9th
Victoria, for the regulation of theicare and treatment of
especially caps. 45 and 90, which required com-
pliance with the conditions stated in the luminous. Dr.
Kelly bad roccivi‘l as • patient, boarding and lodging in his
house, • gentleman named Brackett, who was undoubtedly
insane. He believed he should be able to show that there
wee no license or certificate and notice had been served on
Dr. Kelly to produce these documente, if they existed.
The commissioner, bad felt it their duty to prosecute for
such a breach of the regulations, and he should ask his
worship, if he considered the case established, to send it
for further investigation elsewhere.
Mr. Win. Goodman deposed that his wife was the coudn
of Mr. Edward Brackett, a lunatic, who heel been attended
by Dr. Garr, and by direction or that gentleman had been
sent into the country to reside at a cottage. After be hail
been there some time, Dr. Kelly attended him, and thought
him so harmless that it was not n to have • man
with him. He had some delusions About October he
was removed to Dr. Kelly's house, with his female atten-
dant. He had never been out of custody. His friends were
to pay three guineas • week, and he was to stay about three
months.
Cross-examined—There was no enppment for three
months. He could have been removed at a week's notice ;
but Dr. Kelly thought he would be recovered in three
months. Witness did not think he had paralysis. He
walked without assistance, but would take any one's arm
is • social way.
Yr. Win. Carr, deposed that he had known
Mr. Brackett for several years, and was called in to attend
his in July of last veer. He was in • state of pest ener-
vation, as if from delirium tremens. Witness attended him
up to September, when he became subject to delusions,
to the effect that ha was married to the Queen, and
was possessed of immense wealth, he. He elevated witness
to the Peerage, and called him " Lord Carr." Witness
attributed his derangement to an over wrought mind. There
was no paralysis. After a time he became less excitable
sad witness recommended his removal to the country.
Cram-examined—He was note confirmed lunatic.
Mr. John Thomas Alridge, M.R.C.S., and physician to
the West London Hospital, deposed that he bad made
brain disease@ hie study to a considerable extent. On Moo.
day last, in consequence of an order be had received from the
Lord Chancellor, he went to Pinner to visit Dr. Kelly's
house, and report on the case of Edward Brackett. Dr.
Kelly said he did not understand why witness should be
sent on such an errand, as be had had previous patients, and
such a requirement eves never made before. He said he was
paid three guineas • week, and had taken the patient at the
particular request of his friends. Mr. Brackett was out
for a walk. On his return witness examined him in the
presence of Dr. Kelly. He said that lie had several millions
of horses, for onei of them he would not take 80,000/., and
that he had been governor and admiral of Bombay and
commander-in.chief of all the world. Witness observed
to Dr. Kelly that there could be no question as to the pa-
tient being a lunatic, and Dr. Kelly said there was no
doubt of that. Witness said he was there unlawfully, and
Dr. Kelly replied that he was not aware of it.
Cross-examined—He did not seem excited, but he talked
about his delusions. Some lunatics were excited by the
presence of a stranger, but it did not appear to be so in this
ease.

Mr. Thomas Martin—l ant chief clerk in the office of the
Commissioners of Lunacy, in Whiiehall•place. Licensee
for homes licensed to receive lunatics, sad also the report.
sad returns, pass through my hands. From my knowledge
of the business of the office, I am enabled to state that no
license has been granted to Dr. Kelly in respect to his house
at Pinner, and that no reporter nertificate has been received
from him in respect of Mr. Brackett.
William Brett, policeomeitable F 25, one of the sum-
moning officers of the court, deposed—On Monday last I
served on Dr. Kelly, at the same time with this summon.,
a notice, of which I produce a copy. (The notice was read.
It required Dr. Kelly to produce any license for his house,
or any certificate, authorising bim to receive Mr. Brackett.)
Mr. Best contended that there was no evidence to show
that the patient was in a state of lunacy at the time he was
received, or that he was received as a lunatic. If he had
committed any error it was from ignorance of the law.
There was no complaint of ill-treatment.
Mr. Webby —No, certainly not.
Mr. Henry said the charge was ■imply one of breach of
regulations, of which a primi facie ca., had been fouls out.
He had nothing to du with the question of ignorance of
the law.
Mr. Beat said the commissioner might as well have pro.
seeded against the pour people who kept the cottage,
Mr. Henry committed the defendant for trial, but
admitted him to bail in two sureties of 50/. each.

Bail Walt inunedintely provided, and the defendant left
the court.
WOOLWICH. •

John °Wino, a licensed bone viaugliterer, carrying on
busiaesa at Pliinistead, Kent, appeared before Mr. Maude,
in answer to two summonses obtaineci against him by Mr.
W. Love, of the Royal Society for the Prevention of Cruelty
to Animals, charging him as follows :---" For that you, on
the 9th day of January instant, did neglect and omit to
supply a tufficientiquantity of fit and wholesome food and
water to thirteen harem, and that you did neglect and omit
to cut or cause to be cut off the hair of the necks of eleven
helves brought to be slaughtered to the place kept and used
by you for the slaughtering of horses, contrary to the statute
12 sad 13 Viet., cap. 92, sec. 8,,. ik.c.
Mr. John Wskermg, solicitor, of Clerkenwell, instructed
by Mr. Love, appeared for the prosecution, end Mr. H.
Davis tor the defence.

*ialtelit;gs;id the society for which he appeared,
io taking these proceedings against the defendant, was ac-
tuated by no other feeling in the matter than that of a sense
of public duty ; and he would show by the evidence of the
respectable witnesses he should call, that the defendant bad
not only not conformed to the rules and regulations laid
down for lusguidauce by the act of parliament, but that be
had been guilty of acts of reckless cruelty to a number of
poor unfortunate animals brought to his place to be
slaughtered. That his (Mr. Wskeling's) instructions were to
press for severe punishment, in order to show the defendant
and others engaged in the same trade that they could not
set the law at defiance, and commit there offences with int-
unity.
veml officers of the society and other witnesses were
t en called, whose evidence went to show that information
having reached the society of the cruelty and neglect shown
by the defendant towards old worn out horses which were
brought to his place to be slaughtered, they were sent to
Plumstead on the 9th inst., and they saw in a small field
belonging to the defendant, and adjoining his premises,
horses. The field was covered with frost and snow, and
there was not a particle of food or water that the animals
could get. The whole of the homes were in the worst pos.
sible condition, and gradually starving to death. One was
found eating ravenously masses of strew and rushee,
which were covered with mud in a ditch. Another
was seen lying in the field in a frightful state of disease,
aggravated by the frost, and its hoof nearly rotted off. The
whole of the horses were more or less diseased, end presented
a sickening sight, and 11 of them had not been disfigured ac-
cording to the terms of the act of parliament. The de-
fendant was called to the spot by the offirere, sad be ad-
mitted that the animals had been in the field three or four
days. and that he neither fed nor watered them, because he
oonsiderul they could get sufficient in the field ; and if he
had not complied with the act of parliament he must stand
the consequences.
Several witnesses were called for the defence, and it was
endeavoured to be shown that the field was not in the state
=setted.nted by the officers. The Mas ate of the horses w
Mr. Davis made a lengthy address on behalf of the de-
fendant, contending that no case lied been made out upon
which the magistrate could convict. He stigmatised the
prosecution as being a vindictive awl vexatious one ; observ•
mg that because the defendant's premises were an eyesore
to the neighbourhood and • nuisance to the government,
whose premises abutted the defendant's, this step had been
taken with a view to the ultimate cancelling of his license,
which would entail ruin upon him.
Mr. Maude seidthe case bad been very clearly made out
maw the section of the art of parliament epee which the
eaaaspows were taken out. The .Lifeadaat had also shown

19, 1861.

such a degree of cruelty and neglect to these poor wretched
creatures in the iz, what Le might term, dying monieutinis roust
astonish every one who heard it. The law that had been
*by the legislature for the supervision of places kept
per.ous of the defendant's calling was a very whole- owe
one, and the society did well in directing its attention to
these places. The prosecution was a very proper one, and
for the first offeuce he should fine the defendant 4/. and the
costs. With regard to the second, be did not look upon that
in so serious a light. It was proper, however, that this part
of the act should be earned out, for it effectually prevented
these wretched animals being sold to work again after they
had been receives' at the premises of the slaughterers to be
killed. He should levy a fine of W. and the costs in that
case, and he trusted that it would have the effect of de-
terring the defendant from the commission of like offences
in future.

FROM LAST NIGHT S GAZETTE.

BANKILIIPTB.

JoRRI.II Lombardotreet. City, cooper. to aurrender
Jan. to and freb.23, at 1, at Basinghall-street. Sol., E.lntiols,
Brides.avenue, Fleet.street ; of. mg., Bell, Coleman.
stieet.buildbigs.
BEYRT SiLvurna: 'twat.% Strand, and Holywell.honse, Ha.
verstock.h.lll. Importer of foreign goods, Jan. 31 and March
1, at 1, at BashighallAtreet. Sole, Pocock and Poole, Dar.
tholomew.elose : off. assist.. Whitmore, Basingliallotrert.
lIERRT DRAT, Tunbridge. Kent, miller, Jan. 31 at 2, and March
lat 12, at Basinghall.street. Bola., Stetuiing and Croft, Da-
and Stewing, Tunbridge : off.ussig., tiannan,
Bashighall.street.
JOHN JAMin Trtmit, Oxford, upholsterer, Jan. nq at 2, and Feb.
20 at 11; at Basinghelletreet. Sobs.. TaAor and Jaquet,
southotnet, Flusburysgture : of. assig., ?nonskid, Basing.
hall-street
WILLIAM GOCLIANG, Cpwell. Norfolk, grocer, Jan. 30 at 12;,
and Feb. 27 at 122 at Basingliall.street. sol., Jones, Sin,
lane : off. snag, Oraham, Coteman-street.
CHARM! TATUM CHEISMAN, Brighton, Susses, coal merchant,
Jul. DI at 2, and March 4at 1;, Basingliallstrcet.
Lawranoe and CAI.. Old Jewry-cluimbero, and Faithful] and
Son, Brighton, Sussex of. maig.. Pennell, Oldldhall.
chambers.
DIOXIN HEM LUORTII, Tunbridge Wells, Kent, bookseller,
Jan. 31 at 2, and Feb. 28 at 1, at Baainghallotreet. BoIA,
Harrison and Lewis, Old Jewry off. assig., Lee, Alderman.
bury.
TnouAs JONES, Northampton, victualler, Jan. 81 at 21, and Feb.
211 at 2, at Basinghallotreet. Sulk, Clarke and Morloe, Cole.
man.street off. wag., Edwards,ltasinghallatreet.
JILUI MARC !Manton! JAMIIIIMur, New Bruadotreet, (Ity, silk
and general merchant. Jan. 19 at 3, and Feb. ZS at I?, st Ba-
shighallstrvet. Sol., Sparrow, New Broad.street ; off. mfg.,
114.11WaRIS, Basintillotrent.
NE RUPTCY ANNULLED.
Dec. 7. Jong Timmer HoLnan, Dlnninglism, Jeweller.
JOINT STOCK COMPANIES ACT,
ORXRRAL MAN PRDITOPG AND POIILOIIIIIO CoMPANT
Feb. In, at 114, at Bashighallotreet, petition for winding up.
BADPutLIAI PATRIOT CAAIL AND BALICAOII CUaraNT damn', ,
Jan. 30. at IL at Live I Court, to receive proof of debts.
INSOLVENT P °NEES. AT PORTNGAL4TIMIQT.
WORM MR. INITIP COMMII6IOIIII LAW,
. - . .

Feb. t. J. singhgeeper
—W. Hunt. Trstalgarstreet, Walworth, smith.
Feb. 4. W. Meek, Rogiedeld•read, West Heaney, usistant to
foreign fancy narebousemen.

SIMONS NIL ISONNOM/ONZI NICHOLS.
Feb. S. 0. Wade, Townsend.road, tft,Johles-wood, Eine worker
—J. Thomas. Parker.street, Drury-lane, coach plater and beater
—K. G. COllll. Ashby place, King's-crow, cooper—T. Madden,
Wellqdreet, Poplar. general shop-keeper—J.Clietter„ Oeoratia-
pLtee. Brlxten, aetton—J. Ktng, Oldham, Kent,
bricklayer—H. Danbray. Osentlen.atreet, Haymarket, photo-
arapher—ll. u Owen, Itawley-place, South Lunbeth, gentleman
tanner.