The British Press; or, Morning Literary Advertiser.
London, England, 1826-02-10 00:00:00

which were impossible. or which no retinue' person could
Ileved. If lie expressed hineielt in such a manner on a
subject that every rational person who heard him felt t
toured under a delusion, and that it was idle and useless
with him, this would be evidence of the individual's
There were many difficulties in the present case. hlan,
no doubt, were said and done by the deceased, the reasons i
lie had kept secret in his own breast, ard which from the
time it was impossible now to prove. It oaten happened ,
sons, and especially parents, were willing to suer the
riling from arta apparently severe, but which acts of
(when the motives were discovered) were found lobe most
An inquisition like the present, which included forty
man's life, was much to be deprecated: For those forty
deceased continued to he considered by all who knew him
of sound :hind ; anti was there sue man who lived to the ,
years, and who lied not acted in a manner apparently ducted,
censure, but which, if explained, would appear in a different I.
If the deceased was insane, it was asserted that he was PO
point only ; all acts done by him which leed no referenr
daughter were good, but all his acts respecting lien we
This was presuming that life consisted of isolated facts,
fact was that all our contracts were so mixed up with the
the future that it was impossible to separate them. Th
uf the testator's marriage was denied by his learned friend—
Dr..leetgen begged to set Dr. Lushingron right; he ha.
thee admitted nor denied the validity of the testators marriage,
Dr. Luau INGTON resumed. What a state of things Voss
the course taken by his learned friend !' The most sacred
which It was poseible to make was held to be of doubtful'
a daughter cannot take upon herself to say whether her
marriage was good or not. Such 'were the consequences ,
' from the doctrine maintained by his learned friend—coneeqi
an frightful that the Court must recoil froth them. Suppthl
the testator's marriage was good, could it be argued that
incapable of disposing of his property at that time, thour
capable of funning a marriage contract? If he could nt
will to exclude his daughter, could lie have made a will t
for his wife or for other children, if he • had other children
deceased died worth 40,0001., and left his daughter only 1001,
*very miserable and inadequate provision no doubt, but w
would. hate proved the soundness of the t estator's mind ? lir
10,0001. to ,Mrs; Dew, could it be maintained that he wi
and his will invalid? The question for the Court in till
the case Was, what quantum of property it was necessary
parent to lease to his child, to demonstrate his soundness ur
But if it was presumed the deceased was insane, then
admitted that his aggressions were not criminal. He
answerable for ac!s done insanely, and was not competent
sane acts. If the deceased was unsound on one queition
would give his Learned Fricnd the benefit of the admission,
was of unsound mind altogethq,. But if he were to ado
everyword in the tremendous bulk of evidence was' rue. it
not work out what was contended for by his Leached Friend.
Learned Friend was not content with stating the testator'
to his daughter as an evidence of insanity, but it was si.
his religious °pinkies coneunimated the whole, and evinced
soundness of mind belond all doubt. Now, as to religious
he (Dr. Lushington) would say, that however ridiculous a
travagant any man's religious opinions may be, and however
think opinions may be to those held by rational men general]
absurd notions had pervaded the minds of men of 'ability
were still considered of 'wind mind. In short, the annals
sanity furnished nothing more extraragant than the annals of
ticiem. He would not trouble the Court wit's instances, but
only refer to tt Southey's L fe of Wesley," where it would
in what unaccountable extravagancies men indulged, wl
yet considered pious, charitable, and intelligent. Those
conscientiously believed in things, of the restence of we"
persons of sound mind had no idea. With respect to ti
sion of the inmost thoughts, upon which the testator so rigid
sided, it was practised by large astieniblies, and whether -
by Catholics or Calvinists, in his (Dr. Lushington's) npint
most absurd. Mr. Southey described one class of fanatics
Ing in small numbers, and speaking of the state of the'
and their temptations. and their deliverances since the
ing. Ile might cite many other instances—he could ,
.loanhalt Southcote and Dr. Hayes, and talk of the roast ,
the white donkey, but it was much better to spare the time
Court. Experience proved that however absurd religious in
may be, they ought never be considered as proofs of insani
was said that the deceased was eccentric, but eccentricity •
alone was not proof of madness. The habits and customs
duals widely varied, and perhaps it would be impossible to
life of any individual who lisul not indulged in some &youth
tricity. He did not contend that eccentricity may not border
ness ; but unless it was carried to such au extent as denoted in
itiwas no guide in cases-like the present. He (DoLushington
an old gentleman resident 'in Bedford-square, who never w
without having hit pocket handkerchief sewn to his pocket
it front pickpockets; and who had such an aversion to appli
that he never passed one without overturning it. These eccet
brought the old gentleman into much trouble ; but no one
sequence 'ever took upon themselves to assert that he
There was one very peculiar feature in die present case.
was fixed upon as the commencement of the period of
but the evidence was spread over a period of 46 years. Every
was considered of sound mind until the contrary was proved,
if It was admitted that a man in all the transactions of h
acted consistently, the "Court would be cautious before it
the canclusion that eta precise time he was influenced by
In this case be submitted that the presumption in favout
testator's soundoess of mind were so strong, that the Court
never determine that he was incapable of disposing of his -
By indukry and talents the &teased had risen from a low
to wed& and affluence. He was indebted to his ability
his property. He hail no advantages, but by his perseverance,
whicheeine striking characteristic of his minds be arrived at a re.
suitable station from having been a servant. He sow esteenieal b,
all who knew him as a man of remarkable strong mind. His int'
mate.friends never had art idea of his insanity. He was allowed
enter into all kinds of contracts without the lewd suspicion r'
capacity was capable of impeachment. In fact it was im)
that he could bare acted as he did act if lie had beervof set
mind. He was never deemed insane during his life, and
now contended that he was a madman. though lie was not
sidered so. [The Learned Counsel here reverted to the evidence,
which our limits do not allow us to follow him in detail.]
the averment that the deccaaed had inflicted cruelty on his
had nothing to do with the case. What could his cruelty
wife have to do with his conduct to his daughter not then ban
it were admitted that he was cruel to his ewe, it may be said
was crueb-in all the relations of life; but his barbarity was nol
why his rill should be set aside; but the averment of cruelty
wife 'Relent supported by the evidence. As to the averment th
deceased had treated Iris daughter cruelly during the first seven
of her life, it was completely disproved by the evidence.
not proved that the deceased hail evinced any antipathy
child before she had come to an age when she might
given him serious offence. lie (Dr. Lushington) did not
to justify the conduct of the testator, but to argue that it
not inconsistent with sound and rational .feelings. No d
a child ten years old may conciliate the feelings of a paten,
may reasonably excite anger. The evidence uf the testator'
elarations were chiefly depended on to support the avernit
cruelty to his daughter. There was an extraordinary inconsi
between the evidence of the witnesses and their conduct •
the deceased during his life. The venerable Bishop,of
was eighty-eight years of age when he gave his evidt
could not be supposed to have a very accurate recollection
or of circumstances occurring ninny years ago. That
person said, that from what he observed, he could not to,
himself to state whether the deceased had laboured under ,
delusion or not. But the conduct of the Bishop of Durham
other patients of the deceased was the best evidence of t'
niona. They never could have trusted themselves to the
person whom they considered of unsound mind. No rational
who had a suspicion of a medical attendant's soundness of
would venture the experiment of taking his advice, for how
he secure himself sgsinst becoming a victim to his insanit
was true that his habits and conduct might have been
but nut sullicienily 34 as to have prevented persons from consult
him on whit every individual deems of the highest importance
himself. 'I here was an eminent surgeon of the preseut
sometimes surprised his patients, but no one ever had
doubt of his soundness of mind, or else few would be disposed
true. themselves implicitly to his care. That die deceased ha,
treated his daughter with unjustifiable severity, with barbarity,
WAS not denied, but the extent of the severity used It was t
Bible to find out. There was no witness to it, nothine to
but the testator's declarations. From the nature of I
and the high ideas he bad of parental authority, no tue
had magnified the severity of hats conduct. He conceived,
those barbarous elieliitions of feeling were creditable to bid
that lie was ueriacing his natural feelings fox the sake of Isis
salvation, which lie thought might be secured by such s
Such opinions were most repreheusible, but some persons
it indispensable to have an apparent conversion, and thou;
severity improper, which should produce it. The doctrine •
which he. wished was S,xplotled, but it was a doctrine
Court could hold tiny ways inconsistent with soontinese
The witnesses for Mrs. Dew -spoke of the delueim under .
the testator laboured, but delusion was a very vague and Wet
term, and was very different from saying that the deceased
insane. The Learned Gentleman here entered into specii'
vatiun son the evidence given by the several witnesses. Al,
minister of the gospel, Pccnicti to deem the testator an iesatie
in his evidence, and yet he endeavoured to argue with him
living, and to work upon his midersiuding with the aid of
gion and reason. On one occasion, when he had efil.oted
thing like It reconedietion between Mrs. Dew and her foie
desired the latter to say,"l receive you in the name of Jesus
as a daughter." Could Mr. Wilton have prostituted'
character, by putting such words in the mouth of a man
believed to be of unsound mind ? And again, when the i
tiro: did not produce the fruits which Le expected, Mr.
wrote to the deceased to detere him not conic to COMMOni
chapel, as he could not administer the sacrament to him, i
quence of his hostile feelings towards his daughter.
letter was written in a style which. clearly denoted
writer did not deem the person whom he addressed .
In short it was elm that the deceased, on ordinary occasions,
only gave evidence of soundness of mind, but that lie discussed
dinary subjects with peculiar acutenees and ability. The re
in which he had than to wealth and respectability proved'
seated of talent, undemanding, and judgment. If
considerable tact he could never have fooght his wad
ceedeel as lie had done t and he-never could have been consul
lie was by persons of the Wiring rank and, soundest judgments
this kingdom. It was now hie painful ditty to advert to those
cumatanees In thelife of Mm. Dew which Mad naturally
• lathet's displeasure. There were circumstances in her

„ .
.
„.....-
imememainweweaummum
Id have be- destroyed the hopes of the deceased, and proved that hie al..
particular querft treatment of her, however harsh, was not altogether rn.,„B"-Z*
that he la. less, and that he acted from the impulse of a sound mind. li":„,.."'”
.ss to argue rind his severity to a degree which every run of humarforam,`;`•
a insanity. pito-et and condemn • but there was sufficient in Iles. is 71' “e°
forg, duct to excite disappn;batiem in any mind, and especiegeie: . core.
is which like his :in the mind of any titian of the same generil cl' mica{ is lapse of and general opir,ioas. Mrs. Dew be.canie jgrr ...• , R'k'!'t?
. ..
al that per- mily a her present father-iii-law without Let . .. ' -
he obloquy She went with that family to Bwiteerlend ,t,-
of seventy I returned and remained some weeks in Londue - •
it laudable. him ; awl to slum up all, else nutoried agr. . . '
years of a without his approbation, into a family which n . •''
r years the from an early age she was stated to be of • pen, . ''
as as a man temper, and it would be re: ousted that she v.a
ie age of 70 two schools for misconduct. These eleutamisocor, - •
eserving of to create disapprobation in any emu's dll it , i
Tent light ? ful if the disapprobation mu ruatifesallikkelh by w ,'s
.'' e ''' •
sso on one There Ina nothing to prove that the degeemottmas di,.,, , ...I.r, ' 7,
'rice to his feelings. He seemed to here a feverish inxiety alooo •
sere insane. ter'i welfare; and not to consider dryoy expense, w.. ~' '' •
whilst the question. It was proved be had offered 1001. •• , ' . ''' ,'
c put and taken back to one of the schools from which she , . ',.,',„,,,,""
the silt
lie validity cd. The regular terms at list School were oael. t.".., , '.,"'"'
d- when IDOL was refused to ta'ae beck the girlo „„o - ''''
he had nei- offence could not have beet, of a say read!
't . r
irriage.
tor's lettersorere strorg evideouget Ms acunWs;s ...,.., *-
ionise from .ar of his feelings toward' bia .dlaillistrt• ir main .•1 ' a:*
ed contract through these letters, ant• tie amen istatme•Witie ST —:l ....
al legality ; depth of feeling which fees amid Imitate., and whit' s ersl/1,::,:
ter father's thee surprising, consideringkbe briniest of addeation .aosar ~.;
s resulting , the deceased laboueed. Sans et.theee letters wom wr.• ~ „•
,neequences i anterior to his last marriage, and eddy 4 little befa •
Rat
that ' of his will, They were ea moneteatione of do ,
.hat he WO sound understanding of the volts?. ".ow ss to ' • aso
ugh he was made in a state of irritation and angry !Woos, •.• • .... ' _
not make a for was free from all emotion. The bequests In the will sere
Ito provide proofs of the testator's sanity. Mn left 1001. a year to the sole ltd
a settlemut which he had prome col to
rem ? The separate use of his daughter, thus making it independent or kr
001. a.year, husband. There was no doubt that his object in making
t what actin was to exclude the Dews from partaking of his property. The will
Had he left in other respects proved the soundness of the testator's mint. He
pas insane, provided for his wife by
liia view of inak^ before the celebration of his marriage. lie left various M.
essary for a fling bequests to his friends, and his daughter having oghtsded him
as of mind. he left the bulk of his property to his nephews, who after hit
lit must be daughter were the next of kin. There was nothing insane, notlf.aa
e was not unconimonsin such a disposition of property. It was idle to one.
it to do any tend that the deceased was generally of unsound mitul. 31n,
in only, he Dew's conduct towards her father always proved that she consider.
ion, that he ed him of sound mind. There had been a verdict at common law,
admit that but the question as to the testator's soundoese was not tried In the
le, it would case, and it went for nothing. Undevall the circumstances he fels
lend. His confident, that however deeply the Court may deplore the transact
r's aversion. dons that had been laid open; however the Coon may lamect tie
stated that case of an individual deprived of her father's property, It mug me•
cud his un- suit the interest of the community. That interest was best consult.
lous views, ed by adhering strictly to the law, and by avoiding d precede!.
ites and ex- that would throw down the barrier which marks the difference be. •
ever averse (weal sanity and insanity.
molly, yet I'he Learned Gentleman concluded at half-past three cidoei,
ditty, who after speaking for above live hours. The arguments of the othe ,
nals of in- counsel will be heard nut Court.day.
dr; of tins.
---umm--
but should -
tld be seen SECONDARIES' OFFICE, Cooexaw-STREET, Sit. 0.
, who were
osc peraons VIE TRUSTEES Or ST. THOMAS'S HOSPITAL D. TEE ITY.w.
'Mica other MARSHALL.
the confer_ The Solicitor for the plaintiffs stated that the action was broach:
rigidly in- against the defendant, who was the receiver of the rents of the '
,I. prutteed farms held by the Governors of the above Hospital, in the counties '.
nSon it was of Essex and Cambridge, to recover the sum of 1,0301. 8s gd, being
es as „att• the balance due from him to the plaintiffs. The accounts betwera
icir hearts, the parks were annually settled, the defendant being in'the habit
last
of sending up an account of his receipts and disbursements every
gomeet-on to Christmas, which remained at the Hospital fora few days, when
st pig and
they were examined by the accountant, and the defendant, on his
ime of the canting to town afterwards, sigued them. The accounts had beet
Is
settled up to January, 1824.
He then called Joseph Revers, who stated that he had held the
opinionstty i t
yst ~,, d big situation of receiver and accountant to St. Thomas', Hoped
!of during the last 30 years. The defendant was appointed the receiver
a i
Of rents fur the Hospital, in the counties of Estes add Cambrian,
r
In the year 1799. It was his duty to past his accounts with ot.
er ia
e ncedecietvhni .e
..
et oo new_ news annually. Ile generally sent them up at Christmas uro.
1 insanity, and came to town early in January, when they went through to
00,0khee, accounts together, which were afterwards signed by thodefindso.
r went out The defendant bad constapt access to the ledger. The last &cow!•
kct to save was settled in January, 1824, and the aecuracy of it admitted is
,ppie mans the defendant, by which it appeared that there wail a balancedt:
centrichies from him to the Hospital, amounting to .1,2881. Ills. 7d. lie
Inc in con-
afterwards sent up an account of his receipts antiallsbureetneas
: was mad. for the year 1824, in which he charged a commissimeon the stun
No twee 5,Z nor co
11. for rents which he bad nllected, and which item we
insanity :
of course disallowed by the Governors, as the plaintiff would te
:very man compelled to employ another agent to collect them, who wont
roved, anti of course charge a commission for his trouble. S
of life had The SECowimair having decided that the charge could cot
it came to allowed, te
• The defendant's Solicitor agreed to subtitle to a "Mallet foe de )
plaintiff.
you inruofnitthyl;
met could Damages 1,0001.85. 6d. and the Jury returned a verdict for that f f
amount accordingly.
: t . . .•
,
y alone for POLICE. ••
Cs property,a
t tutton
:severance, •
,ed at a re-
aeemed by . lIATTON.GARDEN.
lite tett_ Was. ()riles, a footman In the service of George Brown Roapell
allowed to Esq. Barrister at Law, of No. 46, Great Ormond-street, ire
on that hie brought up in the custody of Read, jun., charged with lobbing his
impossible master of wine and various other articles.
if unsound Mr. limpet' stated that the prisoner had been sonic time in his
and it was employ, and had the care of the plate and wine cellar. Dining the
as not con- last three or four months, the stock of wine had suffered so greats
vidence, in diminution that it became necessary to inquire into the voided of
1.1 As to the servants, and suspicion naturally attached to the prisoner, es
his wife, it havinn the immediate care of it, and he was detected in taking
:ley to his things wet of the house.
; born ?IC Read, jun., into whose hands a search-warrant had been pet,
aid that be stated that on searching the, prisoner's wife's lodgings, at No. 12,
a toreason ll'eston-street, Somers-town, he found a number of chiunisagsse
selty to his and claret bottles, together witja quantity of mould candles.
an that the Mr. Roupell said that robberies of this sort were carried on to
ieven years such an extent by servants, that it became necessary to make in
t. It was example of one, in order to deter others,
by to his . The prisoner denied the charge, and was remanded for armlet
right have examination.
I not mean BURGLARY AND RODBERY.-InfOiTostiOn was received at this
sat it waa Office, by Lea, the resident officer, of a burglary and robber, •
No doubt having been committed at the house of Mr. Hams, furrier tad
parent, or laceirian, •in Lamb's Conduit-select, between the boors of tie •
tames de. and six on Monday morning. The thieve% got in et the rear it t
'ermente of the liaise, from Long-yard, by means of a lamplighter's Itulde, ..
ainsiatency with which they descended into the area. The family °metier
et towards the upper part of the house, the fellows experienced no interne.
•t* Durham neon, and succeeded is carrying off two large bags of furs, of rte
dunce, and value of Mil. and upwards.
nof dates, 'l'wo men, found lurking about the spot, were taken up on ,13.
Venerable picton, and are now In custody.
take upon
:r a mental Cif.YE OF HORRID AND BRUTAL ATROCIII.
sham add
their
--mmano-.
inn-
! care of a [From the ..Valnpian Journal-1
clonal man In giving the following outline of a cue of nnheard-of and its.
s of mind natural cruelty, we suppress the names and residence of the pin.
how could ties, as the ease is in a train of legal Investigation. A brother sad
laity ? .It sister reside near the northern bonier of this county, whom fadses
n singular, died about fifteen years ago, leaving seven children, four eons and
consulting three daughters ; one of the eons was, unhappily, an idiot. Tax.
lortance to Whet. by his will, bequeathed to the brother and Mater The sum i:
it day who 1.5011/. in trust, the interest thereof to be applied to the mainto
al the least nenco iii the most comMttable manner his unfortunate situatior
lisposial to would admit, of his deranged child. Immediately after the des
:eased had of his father (as is alleged) die poor idiot was locked up ilt a eeetds
barbarity, dark room is the house, where he was daily fed like a swim
ras inipor. through a small aperture in tile wall, for a series of years. Alto
a prove it eleven years ago the brother and sister gave it out that their 0
his mind, fortunate brother had died, and was buried at a distant place. a
o doubt he consequence of which the family sventintomonening for him. Th
ived, that brother and sister then spread n report that their house was boo'
i bith, and ed, in order to deter persons from visiting it : however, a low
his child's girl, who had beets with them fourteen years, left them a•fete dap
h severity. ago, and went into the service of a Magistrate in the neigh's!'"
ins deemed 'hood, and communicated the above eircamsteroo. 'ewe Sila;is ."
thought no took immediate steps, iaN, with a eormaWe, he 'ova te she i ,-.!..
ue was one acid requested admittance. This bring reaued, he horst i,
i which so door, and found the unfortunate object cif 'their seareka,,.
aof mind. total darkness. They procured a light, and discovered .t ~''
Wee «Lich rabic victim of atrocious enmity evoaehleg hi a somer et
i Indefinite room ; his hair haul grown silt over hint to the length or ore 6
ceased was four inches; he was becomoquite degerined, turd sheath r, ~
cite obser. more than a yard in height; what his father died hooraa ' "
IrAl'ilson, a well made anti tall yourg Man. 'Blank* were fed -I'
insane map hint in, but when the crimitabba owlet to witp "stotird him .
him when sprung at himand bit him ill ii• cheek, nsialfitg a bort"' -"l'"
aid of nib. intelligible noise. He was, boa ever, Istmerght Mem - • . .
coed some- conveyed to the Staffordshire !PIMP .0 Asylum, w a ^
,
father, he remains. .
sus Christ, e__, v.. _ 0..._. ,
I his sacred
31MIIIIID.
i whono,'„he On the 7th inst. at \Video.. thumb, Bath, Thold
Inc•
' """4- Wm. Henry Haggard, Eaq. titBradeeihawl
Wilson Maria, youngeat daughter of else tate %I' al. 'l' 0". •
_...... a, in mote-_
mks" at lai" square, Bath.
ter. This . DIED.
El that the On the 7th inst. Mrs. Piffir, wife tar-laffie4 nitro :'i.
;ed insane. Moore-Dlico, Lambeth.
40
58. i°"`,l)(3t At liamparead, Alidelleatx. QD 010 23-;, DA•Villl' ' L ISCUISSO or. Gillen, aged 63 yews. ..
.1 .-,,
__,ritemadneT At Tours, in France, on die 96th ult. jcim Rade-, -/
•"" '''''' Pal' Iteigate, In Surrey, it Are 511th year of his age. e
he had not
est and sue- tershire, Samuel Mitchell, Esq. second sun Or -the late 31
OD Sunday, the 29th of January, at Brokenqtac Hall. it'° •
"'gulled " 'Mitchell, Esq. of liorosey, Middlesex.
110
to those cir. -----...0,.. asais Oh'
excited her. .1 at THE BSI Ctfileb, by J. W. IC•4_,_*.
idgments in
t life which 181, Strand, and published by It. Can 11916 POPP'