The British Press; or, Morning Literary Advertiser.
London, England, 1822-12-13 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, Lircove,, het,
THVIUDAY, DICK IIvR 12.

Tug PORTSMOUTH CASE.
JCDGMENT.
The Lotto C . This is • petition praying noel
• commieeion might issue to infinite into the dmoundsons
of the mind of the Earl of Portsmonth, or that what is called
a cummiseiou or lunacy might Issue against him ; allhootb
it is so in term, let if • Jury• we. nut •mules! of the
u•soondnese of mind, hut were ratieSeel Ass the permit was
incapable of managing biol./II raves, it world he ietrombent
on nee, simple here as his Mejests'e Connaimioner, to take
further stops. It is strung grouted for farther Minify if a Jury
sees to determine that • porn was incapacitated from am.
u•ging his own affairs, without addingtloot be was of nesenead
asiail,alohough it would not hr lun•icy. le Lord Herdoicke's
time, in the ease of Lord DOSetal:t be sent it three times to
a Jury ; twice they refused to return a verdict of insanity,
and on the third time Monied that he was non mm us maw.
14. Lord Hardwicke held that a pennies brio( au idiot was
toned for the parpnse of a eummoissou of lunacy. Lunacy is
caused by distemper or by accident ; a mail then might be
incapable of asetroging his hosiers' and net be of Nimrod
ini•d. la t►e Mae of lAII4I Matra is out heels Amon
that at any time of his life he had been of a bettor
state' of wind although he bail executed deeds ; altbusab
wester's," of mind might he sufficient 'rood icaet *date •
will, it world not be sufficient foe the issuing of • ireemaimem
of lunacy. Lord Hardwicke,io micelle, where be refused to
issue • commission against a peron, he directed that he should
not ementeamy deeds withouttlet directhin of the Court. This
was the doctrine of Lo►d Mardwielo, and it had been acted or
ewer Man. There Meertaisily • great difficulty is drawing •
line between ;nasally aid •eakeeao of mind. The Comore.
lion of this country bad taken care to throw ;reelection curer
weakness of clad, so as not to deprive the paws visited
wit► that misfortome of his properly, and allows • Felines to •
be presented for inquiry whetherhe es t.f wend mud or an.
The Chancellor hes then to inquire whether lb re is a ground
for further inquiry ; if he iwof opinion that. share is, then it
goes to the Conneissioners, and they have • right lo traverse
hone that tribunal. In the present case there hare been
laid before me the •ffidayita of she medical mss, Mr.
Powell• Mr. Sutherland, Mr George Tit and Mr.Wanser.
If this ease was sow before me for the tint nine, sod •n
camel had been ruined, I would hare Omagh' it asy duty
to have ordered fresher inquiry; hut it occurred to me that
in the year 1811 a similar "poke:diem was made to me by
Mr. N►wton Fellowes, who is the brother and 11,1 r laStlillp.
sive of the Fool of Peotsmooth, for the chill that had
heels mentioned was • girl, but if it was a hop, I do out thiuk
loughs so strip hue of 'bat character. The affielaytia then
gave • history of t►e life of the Earl sit Persimmon', his ear.
rine with Mtn Graff Norton, his second 'marriage with Mae
limounoted that be haul executed toportaut areas, to mute
of which Mr. Fellow*" was a party. As to the second mar-
riage of the Noble Earl, I considered that I had nothing to
de with it, as the question before an, wee that of the io.
sanity of hue mind. The medical men at that rise made
affidavits, but they °oily spoke to ccccc trletties• of conduct;
mud the weight of their evidence was, that the Earl WWI of
sound mind, the evidence sa to the VI treatment of the
Noble Earl was very scanty. Then, whether right or *roar,
I thoteght if • permea lead all that case which • commissar
witahl throw around ►im, 1 ought out to interfere, if the tare
was as total as if the interposition of the Court had taken
pat awe. aviag reed every affidavit e• that occasion, I did
rose (o the upinioa that Lord Portimouth was of weak
oiled; sod if the application had hero made to me sootier,
was of op•uien that I ought to have granted it, but I
would not du an theu. The question mow is, whether what
has passed since will justify use to ordering further inquiry
There is do (kith( but the charges of impotency, cruelly,
■nd adultery, may be made matter of inpairy, mad the law
of the laud he. provided tribunals for that purposes.
1 have nu new to inquire into them directly, bat indirectly
(cove, as they hear 00 the surly or lemony of the Noble
Earls but say thing I have so decide oat has nothing 14/ du
with then', au far as confirming them as facts. If there has
born impotency, adultery, and cruelty, it does sot follow
there la an unsoundness of mind; but if they du eon, the
sumelnese of Mud will depend on the couldn't of the
peruse suffering under them. •There may be cruelty,
impothacy, and adultery, hut us those ponta I give
no
opinion at alt; but if such facts du exist—and
I wish to be understood as nut prejudicing the question
by saying they do exist; but If Mu facts have lakes place,
it la sty duty to look at the demeanour of Lord Parwomoutb
while suffering under them. Looking at the "Admen, or the
Medical men, I find that of Dr. Graham met by that of Dr.
t Haekhead'e, which obliged me to exsm:.te them with the •
arbeequeut affidavit of the latter gentleman, in which he
said there was not a little of evideoce before tho Court
of the unsaved wield of Lord Portsmouth. I renoot
help expressing my opinion that Dr. Raokhead approached
Ike Earl of Portemouth in • way that his inquiry
into the state of his miud could not be useful. I may be
wrong, but it lathe upision 1 ham formed from brig rape.
fleece, which opinion is borne out by that of the other mg-
dieal men. It does not appear to ate that Dr. Baiskltead
has represented things as they were, It was Smuttier thing to
say that • Nubleman would haves throne to ail on, on the Meth
Of his child, from saying he would have • threoe the same as
used by his Majesty on the day of the coronatioes, to admi-
nister justice iw, and to sit in on the birth of • child which
be declared was nut his. It was not because there was adul-
tery, impotence, and cruelty, or a depraved mind, that the
Court was to grant the inquiry, for there might be ahem all
without hie berig of umottod mind. As to the opinions of
the medical gentlemen, the preponderance is to Lord Posts-
muutti's mod being unwound; then this being the opinion
of the medical Gentlemen, I leave out of the question all
that has bees •std to have taken place at Fairlawn, South
End, Harwich, Eiliohurgh, and London ; they have bear
Solemnly denied Oa oath. Then takilig the cm ',together,
I think it is my duty to direct au inquiry to see
which side the truth is 011 dorm so. I beg to be
understood as not imputing soy (Mug to any person. The
eircumst stows of the former case differed from this, for there
I thought there was a protection that could be thrown vomit
'Lord Portsmouth that does not now exist. lam therefore
of opinion, that expediency calls fur the inutile of the
commitment. As 16 where or in what pl•ee -It should be exe-
cuted, and who ought .o be the commissioners, I will deter-
mine in the course of the week, a Mimi, tasting any leaps-
Mien cut any person, sad concluding wine these übserva
'lions, 1 do say the commission shall issue."
The Arrottety-Getimet. suggested 'hut Middlesex
meted be the best place for the inquiry, se it would be con-
venient to ;he medical gentlemen.
The Loan Citelless.rdito—" I Walt Middlesex will ass.
-•• • •
I
ewer."

COURT OP KING FIKNCH, Warnitasilea,
0001011111 R 12.
Before the 1011 D CRISP' JUSTICE and a Common harp.
CI.F.II4ISNT V. ?ARROW.
Mr. SCARLET? said, that this was an actiun under the sta-
tute of the 9th of Anne, cap. 14, arc. 2. By that Act it was
provided, that lie person lust at play more than at use
Inning, the loser tutalit withal three mouths bring hie action
to r..covtr the money bark; but if he failed to bring Int
. nelson within three nvanths, city other person might sue for
three limes the &muslin for till use of the poor 41 the parish.
It this case Furrow, the Chleudaitt, was aclusiated with
Burn, who keeps a poblic.barose in the poisb of St. James.
After a lung silting the Defeeedant won from Bern IP/. 16..
The Defeudatit, as be (Mr.Samrleit) understood, played upon
a very safe system, fur what Su IsiM be never paid, but what
be woo be always took.
Benj3Mill Hunt examined--I keep the Rising Sun public-
bruise, to Witadmill•stre.t, nod know the Defeudant, Farrow;
he came to my house on the 29th of December last, wed
played at luu with me: we beg a• between file and six o'clock,
and played till twelve o'clock at night. l lost lid. las.
which I paid as I went us.
Cross-examined by Mr. GI warAt.—lt was there-shilling
unlimited km at which we played; sometimes there wg.e
one ur two poem's dam's. So nutitnits I woe, then I received ;
when I lost I paid. my hots e' is sot mac` frequented by
the Fancy; sometimes they come; some pilbple say that I