The British Press; or, Morning Literary Advertiser.
London, England, 1825-08-06 00:00:00

panel base 6, the skirts of his back, the other took
the babe. and dun sbar • , fond Berkeley to
whisk * did simt. Mr. Judge ware s
A wskilaimad ai. Ca youh belltath...k. 1 an:a
i to 11111 frat What tfie ead vim
MI repessidly over it, antil his eye s7smiliesilbscasee_ gee
blood. le it as be credited that such it thing ahead
t sag visa dissing another holding, whilst a third lila
lic:Alviedielital 11 ll* is the conduct of lusts,. Dolan&
Wei* at length satisfied his foepeaesa brad
la/ad ipso be the nilnif that could be so suiaAsd Went
' seer MN bombs of his manly exploit to the emote of
sad was head to exclaim, '• Ind not I give It him
Mt Jltelgas se may be supposed, was obliged to retire,
for nearly a *sok. His life au desraired of; 3 Limas day
man atismied Ida, sad he was confined altogether nearly a
He. as &literary tears, of course, hu suffered much; but
I will. I fear, be hie sufferings from this attack. I will
eminent oculist from London, Ale Ware, who will
that at this moment there is considerable doubt on his
whether he will altogether recover the use of his eye. But
timeless to talk of personal sureringa, or to talk of Ines of
because, if your feelings as men are not already roused
recital of the outrage, no statement of 21r. Judge's suf.
ar his losses will louse them. It may be said, on the
we ought to have indicted the parties. I think we
, in my mind. a little personal Guttering would be
these gentlemen. But I will show why we could not
. Judge did not know who these other persons were.
, he could not associate these persons in any other way,
i 4 this action ; and so strong s this fact, that he could
who they were, the only proof we can give this day of
ty is their own undertaking, which they gave, that
acknowledge themselves in any civil action, on Bondi.
! that no criminal proceeding should be taken against
, it riot be, therefore, thrown in our teeth, that Air.
. influenced by pecuniary motives in bringing this action, ,
,o other means of taking &neat-action. Baying detailed the'
this atrocious transaction, I am entitled to ask of yon, what
Aggravation this case wants ? It was perpetrated in cool
awl as deliberately planned as barbarously executed. It•is
whim these gentlemen resorted to some of the habits,
. also resort to the virtues of the prise ring; for even I
...at and degraded as some of that fraternity may be, they
something manly, something chivalrous about them ; even
"err scorn undue advantage ; there, it' a man, whilst man to `l strike an unfair blow, he would be hooted from the I
.e. If the ease wants more of aggravation, will you
it In the place where it occurred ?—in a man's own house, I
. his menial servants ; in that place which we are all wens- i
ltd, as /egad as.meral. In that temple, the privileges of . v...
ankh the singes of our -happy lend fflne tendultd safe-411i Itirisx'
sanctity of which is the boast of every sage, of every states- Colonel
. and of every orator In your senate ? and never was in - -
=tide more loudly proclaimed than when the immor- at
lubb7ant peudaimed the inviolable liberty of the British tt
at to enjoy it. But who has dared to profane that sanctust. , n
I It sonic dungeon out-east ?—aetne unhappy Wretch, too' v
to know what is right, or too reckless to be restrain. /,
I. law ? NO ;it has been pnatnned by members of the aristo- ,
Net
die hind • by men of large poriessions ; by Colonel Bee- ''
.aloe —o
forsooth—wnou duty it may he to clue the '
, upon some poor enptive more culpable than himaseif
—by Colonel Berkeley, who swaggers this day into Court. trusting
lit the fulness of his purse for tieing able to trample upon the rights '
ofthe plaintiff, at well as of all Englishmen. But what cares he ?
!e regards not your damages—he has satisfied his vengeance. I
Abel this case strongly. I trust you do so too. Whether your
plbsams arc to be kept sacred, or left at the mercy of any furious
ors who may be inclined to arm themselves and invade its
, eft frnrivheerddigterta
t
Er* till say, for
Africa,
ormilnigleed.vindsioc; ;iiltle!..io tar to,
bat a story—that there three savages assailed one man, Sig
,V
/tit
defenceless. weak—what would not be your fed.'
p I wrong the child of the wilderness ; the savage woebl
ant do as; be might indeed - be irritated in a moment of passions'
too strong to be eootracii, to take his revenge—but he, these,
lie would not creep unawares on an unatmed adversary.
above all, he would shrink from profaning the house of his I
a place sanctified by them as well as by us. I say this is dams.
atrociout, the most brutal and unparalleled outrage that hos bass
ever committed in this land. Du Igo too tar in calling thistles
unparalleled i_ if I Jo, I will submit it to a reasonable test. Let
my friend, kle. Teetotal, whom I regret to see smiling, let hist
Produce a single instance of such a case, and I will abandon mg_
claim to damages. bet hint produce an instance in which thorned,
the aristocracy of the country have so conducted themselves, be
which they thus swindled themselves into a house. thus three*
One attacked an unarmed man, and acted so that if hereafter die
lowest of the rabble should execute his vengeance in a similar way,
lie may say, I at least have had the example of Colonel Berkeley
for my conduct. %That ! in a man's own house, with the blood
streaming froin his face. Oh ! is there a woman or a child. but
Most cry shame at such au outrage ? Conduct like this will be
sanctioned by your verdict, should you give a mitigated one ;
and if you should, how could you hereafter blame the lowest of the
people if they acted on your verdict ? You cannot make one
law for the rich, another for the pour; and shall it be said, high
esnk is to eXeuse debasement ; shall the relittementa of knowledge
ueuae degradation; or the gifts of fortune, which the defend-
ants enjoy, enable them to lord it with hop -
upon the rights of society ! I hope you will
a mitigated verdict in this case ; suppose
case, which I do not expect. anti that 1
sentry were to enter your own dwelling at
rages, might he not justly say—your verdict
so ? Alight he not say—t" Yes, I did break into
siolste the peace of your family ; bat Col. Berk.
Tee he drew your blood—your blood, I seem a•
•• I was an ignorant mart ; I was irritated ; I ?"
resort to law fur vengeance, and I took it ; te
me ? I did not do as Col. Berkeley did.
three to one ; yet you hit hint go the other
which are no more than so many shillings to ,
' fear, difficult to resist such a plea. I understand Col. 11. means to
prove some provocation, that he has been libelled by the plaintiff.
I deal candidly. I say he may have been irritated by reflections
I
cast upon hint. Rut what excuse can the others have? Ilave
they been libelled ? Can they justify the manly part they took in
this abominable outrage ? 1 adroit. it a man it provoked by reflec-
tions out upon hint, and lie meets the person who cast them, in a
public place, and there takes his revenge, such an occurrence might
mitigate, though it could not justify such conduct. But surely it
could not justify such an outrage as this. I an willing to admit
that if the Editor of any paper ehocres to drag from the bosom of !
retirement the character of any meral man, and places it unfavour. '
ably before the public• he almost leaves himself open to the attacks
of his adversaries. But even then I would deny that such a person
i should trample on the low, should erect himself into a summery
tribunal, and tittle setting an example to the peasantry, induce
to convert their bludgeon into a sceptre, and trample upon
* thing that you hold sacred. I have heard that a tissue of it-
are are to b• given in respecting transactions which are well known
ki yes all. I promise hint if he does, I shall furnish the commen-
tary. But I hope some lingering sense of decorum will induce him I
to refrain from such a course. Again I ask, what excuse can the lord I
' or the gentleman offer for their swindling Into this man's house ? 1
What excuse for their brutal exclamations whilst the work of yen- I
-pante was going en—" Go it ! Go it ! Give it him ! Po it !"
Will they deny they acted so ? If they do I will prove it.—
Will they admit It ? They will be entitled to your pity. And
oh, is this the conduct of our young nobility ? I should have.
looked toe them in the temples consecrated to learning—
not in the noon-day assisting and encouraging the actor
In this outrage, by which, instead of maintaining their high rank,
Ithey practically justify the principles of the jneobin and the level..
ter. Fain would I find in their youth some excuse for their con.
duet. That I cannot do. But no, youth, in its wildest excesses,
would editor such conduce Fortunate for these defendants is it
'that their savage acts ended as they have done. Had the blood which
they so inhumanly shed, been the Ilfe-blvod, as it might have been,
of 3lr. .Jude,g they would have stood in a different place for their
trial, anti it they were placed at the bar, ots„ what a happy defence
would they have, that a paragraph had appeared iti a newspaper,
sad that they were irritated by it ! (There was here considerable
(disturbance excited by the number of persona let into the hall.)
After the noise subsided, Mr.' Phillips concluded, by saying.
" Gentlemen of the Jury, be your verdict what it may, the de. ,
fondants will have reason to be satisfied. They have fortune to
'disregard it. But before I sit down, I shall ask, is the possession '
of that fortune to give them aright to act as they had done ? Yea,
Gentlemen, will, by your verdict in this cause, confer a 'ohne
benefit on the country, you will vindicate the rank in which these
parties have moved in society, front any participation in such coll.
doct ; a rank which they have disgraced, and teach the world that
no man shall insult the impartial justice of your tribunal.
An admission was here put it t, whereby the Solicitors for the de. I
Pendants, in consideration uf the plaintiff' commies not to prose!!
cote criminally, admitted thlt Lord Sussex Lennox and Robert I
Care Hammond. were the persona who accompanied Colonel Berke-
' ley to the house of 3lr. Judge on the 11th of slarch.
The best witness called, Mary Curtis, examined by Mr. toes-
IlistsT. stated as follows :-1 am a washerwoman, and I live in
Cheltenham. and was taking home some linen on the 14th of March
I last ; I then saw Colonel Berkeley In Sheborne-street, (.helten.
i ham, walking with two gentlemen ; I fire saw Colonel Berkeley
at Warwick-house ; ale. Judge's house is in Northfield-place ;
they were at a corner ; titer all turned it •, I followed them as I
wanted to speak to Colonel Berkeley ; I did not know the Where.
but I think I should know one of them ; I saw them is dupes
sage ; I never saw Colonel Berkeley alone.
Did you see any one of the gentlemen go alone to Mr. Judges ?
Mr. Tan /MOW objected to the question.
Witness continued—l saw the three in Mr. Judge's house, In
the passage. I heard the noise of' a horsewhip, and the cries of a
man, which induced me to run to the house. I saw Col. Berkeley
come out of it, with a whip in his hand. Can't say what kind of a
' whip ; heard him say, " he bad given it him well ;•' he was not
laughing ; the two other gentlemen were with him. Saw Mt.
I Judge in the passage; and when he came out the blood wu nal-
, tuns down his face.
IT y the JVDOL— Colonel Berkeley went away.
' Elizabeth Issanl—l lived in March last, at No. IS, North-del&
place, with Mrs. Morris. Mr. Judge lodged Otero, a Mrs. Ser-
geant and her daughter also lodged there. Colonel Berkeley used
to visit there. 1 recollect answering a knock at two o'clock by •
tall thin perms; he asked me if Mr. Judge was at home. I said
not ; that he would be at home at three o'clock. The gentlemsa
came again at three o'clock, with a letter In his hand, and said.
" will you tell Mr. Judge I have a letter for him." I told him he
was at home. There was ent,Any person near the door. I told
master, who said. " I can't Oleg who it is, but ask him in." He
came in. sod in un instant afterwards Colonel Berkele and another
came. They followed the tell thin gentleman into the room Mr.
Judge was in ; he ass then opening his writing-sheik. I heard'
Colonel Bake" say, " A case of necessity, file. Judge, obliges

me to ciii t
,f addressing
said, " if v.
nation.'
we will
POOll 'as

• K V
vs?

Berkeley ,
say, " the
it : give i'
mercy I I
not, as it
nest dem
come, m :
'there *es ,
to the house,
out now; he h oseugh. Astridi._... maw Mt Alk...
tom ; his face um seeered with bleed, Wm Meahlk dam
his clothes. Mr. Judie made fur IMMO% aw 4 let wP two ogiVe•
ao: fi:m : ,
when the tall, thin, geodonan, who M Me deer with Me
letter, caught bins by the Skirts. wed Plied him bank,
Mr. Judge's wig was palled of by * and CaL Berkeley
ekes cut him over the beill mil sari the lealut die loiliP
left a bkod.mark on the well. Mem a riot WWI l wee wood
la emend OWe on the mewed wham be had been stastanemend
very Salm spite i they were Meadow about awe soma . hour.
Mr. Judge des went to hie parketr. Awns Mere be le his
Mimeo t the sofa In the padme MO lonehig
.111 urn*
_place&
Mr. Jadip ma minima to Ms bet been the lab al Mimi lentil
the Mb. A Medical plena attended Id= throe dame aMy Mthe
. .... .
of main Ohms hap-1

eye).
There-may be some defect of vision, but the opacity has been some
time declining. It is a fortnight since I sew it. The lip was cut,
and there was a whip mark on the cheek. :111r. Judge expressed
great pant, but I could not judge of his sedirings, -he was near'
fainting. I saw him three urres for a week, and having attended
him for ten days, left dim In the can of a friend, s I went to
London; oo nay return I called to see him. Ile kept hie bed about
a week, and was then ocatelonally up ; be might have been con.
lined nine or ten days to his bed-room.
Cross.examined by Mr. LonLow.--I consider that the opacity
will not be entirely dissolved, though the injury is not serious • he I
generally wore spectadlee before this ; the cut was from the Gioia
lash of a horsewhip. Mr. did not as that his tosnelme
Mr. Hughes, nor dlr. Whitehead, did not tell him to halo
libelling.
Mr. Puit.t.tre—No, nor for other people not to theme it.
Mr. John Roberts and the surgeon corroborated thalut W
Mr. Ware, ea ocalist, from London.—A Mr. Judge called on
me there on Monday week last and 1 examined his eye. The eye
had then recovered from en inflammation it had had, but there was
a speck on the cornea, WO* WOK Mice been produced by a vi0...1
lent blow. If inlampthdon bad succeeded the blew, I tbieth the eye
would now be miss liable so ledartunatioa. There win be for e
long while, I foie. a slight mark on it.
Cross-examined Mr.

(We regret our inability 'to give the intervening poltkin of this
trial betwixt the conclusion of the plaintiff's case and the summing
up of the Learned Judge. Owing to some accident which has
operated to intercept our expresses, this part has missed reaching
the office up to the time of our going to Press.)
Mr. Justice BußaonOtra said that the da nages in this action
must be joint, they could not have separate damages spinet
each. ( His Lordship recapitulated the evidence) Mr. Dixie's
evidence had received confirmation, and he thought it quite relieved
from the imputations, whatever might tae said, 01 the besting
spoken to by Miss Morris, and the catching him by dm skirts by
Lord Sussex Lennox, was most improper, All throe were
joining in the assault and therefore a verdict must pass ivies&
elf the defendants. The surgeons, and Mr. Ware, the owe.
list, proved that a severe assault was committed; bat it did
not appear that the plaintiff was in any danger of losing his sight.
They must consider the nature of the assault, and that of
them came and committed it, in what-his Lordship s
a very unmanly way, and certainly not in a manner he ahead
expect from men possessing courage. There was dearly • very sevens
assault proved. But on the part of the defendants muter was pet is
show that the feelings of one of them was irritated, and if it had been
as against Col. Berkeley alone, he could conceive no east
ground for irritation ; but what could have Induced
men to have acted in so unbecoming a way he could not teetelve.
However, no words or provocation could justify an actual attack.
lie did not take up the notion, that a paper had a right to Witch
private views. The papers ought to be protected in the fair Mo.
charge of their functions. It' was ntat because Cofer's! Berkehro
vices were of a dangerous nature that every one had a tube lo
say whatever he chose of Colonel Berkeley on that accounts boa
the material part of the evidence was the evidence of Mr. Oradea
sod Mr. Davis, as they showed with what view the pillimodeo
were persisted in. If the plaintiff made the ameemosileshia to
i by Davis, it was base, because it 'hewed be ditithls fee amp:
If they chose to take the papers with them they might de sal:
it appeared there was a regular aeries of attacks on
Berkeley, sod este of them on the very day on which the dem*
; was committed. They. found Colonel Berkeley called abrelohl-..a
coward—that fighting is not his forte. These were greet pewee&
tie= ; but Colonel Berkeley and friends were chesty aD la the
wrong, and
the cal matter they had to conaider way
Weather his
conduct was not 'med. If he had barely given him a stroke of
the whip, it would not have been much ; hut then three man apt.
him into a coo rod best hint violently, and then, wbea they had
hint out, and all is supposed to be over, they all renew the at.
I seek and beat him again. They were to say what damages thi
i plekttif was entitled to
The Jerry retired Ist nearly half on hour, and then tesad a ear.
; diet for the plaintit—Damages 3001.

•
ifi':••
NORFOLK ClßeLlf+ . i•••••• -.,„- .
.MORWICII ASSIZES, NoitwiCsi, As. 4
CIVIL SIDS.
Before this Loan CHINS 31:11TICIL
SMART, OZWT. OK ete. w- TW•Liakti.
Thle was en setion on the cam, the plaintiff is as attorney, the
defendant an innkeeper, it was broupti. to recover compensation in
damages for the breaking of the 'ntiit's gig through the de-
fault of the servants of the defendant.
It appeared from the evidence, that the plaintiff, is travelling
from Norwich to Yarmouth, stopped at an ins, of which the de.
fondant was the proprietor. He with his wife, the Companion of
his journey, alighted from his gig. and the lady entered the heat*
The plaintiff desired the hostler to give his horse cows bay and
water, and in reply to a question frost the hostler, be said that the
hilri
horse was not to be taken into the stable. The hostler ImOrinx%
to the stable for this purpose, the plaintiff asked one of tho
of the inn to take the bit from the home's month. W de Mal
was engaged in effecting this removal, the bridle fell-.the NW was
startled and escaped. The gig Was hasoured--the la. boa
the scene front a balcony, and was theoas tap eastsiderais else*
for the safety of her spouse, and the tableau or the "Ohm* say"
was only preserved by.thehorn of SWIM -11111}Mlin,_ Vkiteallalita
a species of re-action that tenni= htildleiarisiey. day
was meant for pleasure, but, as aall Orb
the hopes of melt or even of wawa r. the alighapse the
attorney and his lady—the inhabitants of an be,
.Illaelahe
had never entered, and in its cheerless solicited% be at
have his action agaiost Hontrice.
111, Such was the MC on the part of the plaliktlfr ; is was war
tended, that from the moonlit Ise had order/, sae la hob
the hay, lee. for the horse, the custody of des anima fa dee de-
fendant ; that he was answerable fail I' use ie.deltssey." sod
" rewonai hie for the conotmemmes which had mimeo frets dm post.
boy's uoskiiruinela." - •

. The Counsel on the ether side contended, that `• there •ee no
ssz.ll delivery of the horse and gig to the iookeeper es Gould give

him a lien on the property for the charges, and it followed that as
head no hen hr had no custody."
thowaht the jury, who returnal a verdict for the aefaialant.
CROWN SIDE.
"Before tbr Loan CIIILT BAROL
John Itirett was indicted for forcibly attempting tb abate the
per an of Mary Anne Taylor, a child under twelve yeses of age.
Thi Airy Aland the prisoner ibund the priaoner Gaily.
The Qatar Autos sentenced him to two yeses itapelsalibent
and base MOUE

if IDL.4ND CIRCUIT'.

LEICEISTER ASSIZES. Leicirrsa, Aso. S.

r

CRIMINAL SIDE.
Haunch Read was convicted of the wilful murder of bar hoe.
band, and ordered for execution.
Dirisdricy end Bird, who were convicted of extorting money
under a threat of charging a man with the Commission of a certain
crime, were both ttansporied fur lift.
lax v. 811;11;2.0r.
T et defendant in this case was convicted of a prim and stands.
the plaintiff. The libel consisted in sonic temarta
is epos &meeting In the field of honour between the pro.
pike ••4 • Mr. Dalton, which was disturbed by the interference
lot die .

COMMISSION OF LUNACY.--Avetisr 5.
THE REV. EDWARD FRANK.

TIPTIt DAY.
Sonn after the Commissioners and the Jury had taken their seats,
Mr. Brougham rose to address them on behalf of Mr. Frank, for
whom only be was Coansel.
Mr. Buono KAN spoke to the following effect :—lt is now my
duty to address you, Gentlemen of the Jury, on behalf of the Rev.
Edward /rank. who is the unfortunate subject of this investigation.
I could, I think, find • word more affecting than that of unfortu-
nate, which might justly be applied to him ; at any rate he is an
object that must command your pity. To individuals labouring
under human calamities, the greatest or all, perhaps, is that of
being deprived of reason—but next to that calamity there cannot
be a greater than the promos to which the individual to whom 1
have alluded is now exposed—when we consider the solemnity with
which all the acts of the life of an individual so situated are din.
cussed—and when w• look at the publicity given to that solemn
discussion, we can figure to ourselves what any individual so situ-
ated must fee ; KAM* move such an individual is in possession
of his smear - the • .o him be such -
reitieation.
Leek

that ins

himself to have to ~ . _ a bodily . _ __ _ _, to give a bond
as it were, in his own peewit, to submit to In -his own life time,
what many have a rooted antipathy, that their botiim should
be submitted to after death—to have his VAMPS and expres-
sions rigidly wrched, and, in short, to be looked upon, not as
a man, but as a beset. I look upon this as a calamity, so un-
speakable, that 1 can find no name for it—but to all this, the
individual on whose behalf I am addressing you, has been sub-
jected, and he now appeals to you, as a Jury of his Country, to re-1
place him In that situation of life which be ought never to have
been maimed from, in which he bed committed so crime for which •
ha might So have been deprived of it. I speak before you now with:
couddiles ea behalf of this unfortunate mem, notwithstanding the,
prejudices which may exist in your Wads against him, which pro.
judices hare bees excited by the iathesseseamduct which has been.
esaibed to this ladiv iduel, and *hick
Whom ban Imbitual in bits, sad erbkhisodoea ll=
lederilyea la language se dismada* limpet that such
made* *NM be received is Jesesoswia sty in a pull=
Nowa Wait only injures the individual who is the mildest of its
wilkamen relation, bet it tends to injuregeod tame, destroys the me*
ale early of them who hem its.liat it ts latal!lic dwalattf.
in geateel.—not that we deem Is point of vie*,
nor would I have it believed diet littler 111. or either
of tutriliiiettehtf:iattis mated eae. hove leeiW spas thee; digest•
ing het with fallow fig: sad if lamer. Upon.
sieoa ' 4t neiersisi born used, 'Aid' everY=l ow
shoal& Moe ben lbw, and over wh eh tem warelity wog
ezeirdsed Manna saw I my all these ads. les MAW af le.
proles**. I aim as me mete minutely ft ilaa sem, mei I will
presume din a viatamat el_ the choreal diNt Pair
en a eery
_amigo* lilk his whale_ teelingp Natty Odes bog
these. NMI a Ewa it II cle * be. yet lie
moo goat Ile • assuasat be shareatinkhoushi appose Is
magall6lllllll6lllllllV I tell yes hankly,urrordama
beef aurroad Wad, it le his interest that yea so teem
. him, and, ar it Is bit imam, so it is my duty tooth yea to do so,
whether Jos may aiskider him a lunatic or whether you may con.
eider him an idiot. lay client's interest and my ditty join with
that of my lammed Friend, and if my client is incapacitated from
conducting Ms eau eir sirs. the law should protect him against that
incapacity, that moon and justice should rectify his own perverted
undeistanding. You will recollect up to the third or fourth witness
I seggsoad questions that might be put to them, in girder that their
ansmee, It satisfactory, might put an end to the doubt of this gm-
tleamies Malty or insanity, so that if the latter proved to be the
case, an sad ought at once Le put to this melancholy ingots . You
wilt tettolthin that after it was discovered that my Friend
had net areal the delusions of 1817, where a witness proved this
gladsome itherming under an impressien that he committed a
greet mime' atoompanied by other disgusting descriptions of his
meson, mid whoa I expected that this would be brought down and
menaced with February last, or to the present time, I cross-ex.
stained the elldirrent witnesses for the runtime of assisting in.thai
pry pandpal.. twit Dr. Wright, as regarding the delusions ; and If
I haitheed that in last March, when Dr. Wright again saw hint,
bends mil labouring under these delusions, then I should have
pat an millie tem inquiry, but I found quite the contrary to be the
'het. 41111.1 acs then driven bac.4 to my former position, and it
thereby* la now my duty to enter at large into the subject. I again
say to yes thee, gentlemen, that • man may be a habitual violator
of decency; he stay as • clergyman be guilty of descriptions of
crime thin must bat disgrace his holy calling; his conduct may be
the most gem dset ma be possibly imagined—yet his judgment may
maintain ill Nit, and his toted maim undisturbed. You will recol-
lect inamsomefilekets who iIIINI disgraced their holy callings, but
in all theemes I have slightly alluded to, It was never for a ino-
MGM alippleed that the delinquents were mad. The various prints
have bass excommunicated and disabled from holding Offices in
the than*, but were never looked span as insane ; and, therefore,
seby Wall amine. fa the drat time be attributed to this indivi-
dual I, . Tbittia a line of illmismicia which I beg you to draw both
broad sad deep. I say this is • ease Which, it what is alleged is
meet. yes eaglet sat to pity, but to condemn and punish. It is not
watts. t amea lets his sMine and malpractices go forth in daylight
ta the Medd tbat be at to be looked upon as mad. Does showing a
imaltipliaisp .it sees of wickedness constitute madness ? Un.
=ray am. barb arm was the law yet. We are but a few
Boss the Old Bailey ; now suppose a man there
Magni at bleep, would it be any defence for him to say that
be bad eammitted *eft so many times that he certainly must be
mad ? Weald it Seer annsurpose for a man to say on behalf of
a person la duraid. My Lord, this man must be mad, for he
stole • home ode a day, book, open a hoses each • day corn.'
mime' a edieffy .air day, and he says if he gets off io-day
ha will emu* swim Bobber,. tomorrow ?" The Court would
say, " Wity, this is • most barefaced villian, he boasts of his
vlllatiy," and they maid direct him either to be sent to Bo-
tany Bay, at aloe brought out at the debtors' door of New.
gate, at eight In the morning ; •to set up • plea of madness in such
a ergo would be of no avail. Now as to the question of soundness

and ansoundr,ms of mint se connected wilt. insanity, AM lei
the law ? A man to constitute insanity must (so said the lawleter
'reeeitesepaer It *wet niacin that be Roof smeeresel
Mast be an unsoundness arming frogs shame& Itbsot • t:
tut a man Is &receipt, in judgment, totemic- in sungher, ty .
in character, indiscteet; moiligase,. umlaut. indolems, eft
almost to a habit, and lidded to all these, possessing miry a "NJ
judgment and defective untiereentling. It maybe • g i calamity
that a man should be eo afflicted, or that be ahettl4 be afflicted
with any of these misfortunes ; it might lead to the min of himself
wed his firnily-,•it might lead to the Imo of his emote.-.it might
lead him to defraud his etedhitorae-die might be ertitely incapable :
to manage hie affairs...he might by any pee of chase teieforlunee be
led swan from his dirty to his family ; Vat Yet man Of ability were
round who did all these tflinp. But has the doctlineever born
yet carried so far es to key. that • man guilty of age or nil of these
propensities was insane P There are sues too, in width, in addition
to • torture of the mind, there is a torture of the judgment. I
have known, for instance, men who dread. as much to look into
their accounts as they would the blowing up of p powdp_r-mill Chen
they saw a light in it ; but why do they so dread it l Why, because
they knew the balance is against them. - And I hare known others
who dread nothing so much as a balance sheet, although this makes
the balance greater against them. livery pariih in England pro-
duces men of the weakest minds—there is hot a parish in which
might not be found men who amid be prevailed upon by roguish
end artful men, under mote sperioas pretensions, to enecute oon•
tepances of their property to their own utter ruin; but the law does
,sot afford any protection to such men—the law does not deny a
Man the power of ruining himself if he chooses boluntarily to dg
se. Our law says that it will not interfere between a man and his
ral liberty, unless he ia mentally incapacitated from thanaging
er himself or his affairs, and that incapacity proccell from mar.
di seass. If such exist in the present case, I tweak say, find
your verdict in fltvour of this eotnmisaion ; but uneasiness, negli-
gence, and careleseness, unless proceeding from unsoundosat of'
mind, is cot sulllctent to ground smith a commissibn ; and recollect
you are not permitted to come in here unless the bocter comes. I
on quite convinced that Mr. F. is not a man that can well mintage
Ma own affairs. I know he does not manage them as I woitld,nr as I
amid wish any friend of mine to do ; yet the law does not takeaway
from him the right of managing them as he thinks proper. I knot
the Civil Law holds it difteren‘ but our law does not approttimate
so mach towards the Civil Law as, perhaps, might be Wished.
'We will suppose a man of extrawdinary obtuseness Of feeling—a
man of an exceeding hard heart, delighting in scenes of nit•ery,
and professing an insane love of and a predilection for seeing C.:Li • .
city, instead of shuddering at, fond of attending execotions, boll.,
baits, and lion-fights—what would make us +cep would meat him.
grin, we might call him wretch, but we could not sae he was mad.
We might figure a man, for instance, who would qUistly leek on,.
and see all hit family lay dead around him, tread upon the frays
otitis went* and think that sport, for which we should fact and
pity_ ouch a man would not be a mad man. But I will suppose a,
third case ; a man, for instance, who could quietly sit by, wiffleue,
pity, and hear his father's conduct desctibed as ignomituotts, PICA
tligsce, and monstrous, even charged with madness—hear him de-
scribed as it roan who had lost every worthy attribute, degraded to.
the level with the brute beast, without reason, described as a brazen.
profligate without the slightest shame--should he !ICU all this em•
blazoned forth, and sit down, when he could walk out and in
silence wail over it. I might go farther ; should that son still sit
by and hear his inother's chastity impesched—hear his father de•
scribed as one sunk in madness and misfortune, and hat mother'
sank in vice and infamy, and sit and hear all this, without retiring.
to some private spot, w here he might pray to have obliterated Irons.
memory his father's misfortunes his mother's shame. Why such a
man, we should say, is not constituted as we are—he may be a
blare—lke may be hard-hearted, but I could not call upon you to
pronounce him mad. I will now refer to the delicate ems of a
living husband anxiously watching to protect a wife's eharactet
not only from stain but from mere suspicion, he at length disco-
vers her in that greatest of all errors ; might not such a husband,
upon cool reflection, sit down and say—" -Why, after all. I think
I have myself treated this woman ill—l consider My young family,"
and then might he not turn round and say to her—" Hook over
shit you hese done—my love has overcome my resestment--bahavo
better in future ; I again will take you to me." The *Me mien
say that all he had heard against her was a conspicaty. Ttm a.
band might, without inquiry, believe it, and thou
be settled. Such a man would certainly not bea mussel ,~
or one fit to guard a family of daughters, but self be beta
madman. This would be living In infamy, but aspenef.
He would now oppose Mrs. Frank, after the tedsoulabiska with
husband, saying to him, all that you have heel Nike! Ise Is thm
result of a vile conspiracy—all the time that yea nave bean sera .
your sisters have been robbing you, and plotting my dialbeeour.
will prove to you (the Jury would suppose the gas sZklikg )
Mr. Bellamy opened your closets, that he task Yoe away bee
longing to you, and that airs. Bellamy took or. ther. I will
prove to you that they were living upon yeas saetune, kid nem
trying to ruin me. I will prove to you (you will suppose the wife
still speaking) that when Mr. Bellamy brat beard of out being re-
conciled, and again came together, he walked about the Room like
a madman—that he heat his bead, and wrung his hair, and eat.
claimed—" 0, lie this reconciliation I shall lose WOOL a-yeet I"
And suppose the' wife should continue to say, " I do not ask or yod
to take my word for all this—l will produce to you the persons In
whose presence this took place • I will protince to you the man Mho
- Ipeetable e'
-we I r

was, ..ist he ti..
and wished to get __ ..ir him, but there was
for he considered Bellamy his enemy. &appose a ..
that a horse had been stolen from him, end went to the,
lutunderstood him to be kept, and the holder tsAteedhim
Would there be any delusion in the man still thinking the hors.._
there ? Gentlemen, it gives me great satistietion that in making these
observations, I am spared the necessity of going much Intothe cans
now, because I have incidentally opened • very large handl of if
aLt"l'• You will perceive that those gentlemen, Mr. Bellamy and
ot ers, for their own purposes, have very cunningly promoted this bu-
siness—it is quite clear that they have an object in view—for them ik
a most extraordinary degree of cookery In this ease. Cookery, its.
taking out pastry, and cookery, in putting in spices and other in-
gredients to suit particular palates. I would remind you of the
titst.part, of leaving out—by my Learned Friend sating nothing
of what took place at Shelton in 1016 and 1817. Foe if ti map
geoid prove during a period of tire years, could he not a longer
s.
od--say seven years—when done bythe samenitnepes v yet ITIMT
end, and those who instructed him, did not do it, though they
111-,-that he had made a deranged speech at Shelton, andhad
..._men, keepers of Dr. Wright's, with him, when be was under
*delusion, that he could contract marriage with a second wife, anli
under a delusion of being male a Bishop, Obtaining a degree at
Caliabridge, and last not least, having eottuukted some heinous
Apiece for which he would never be forgiven ; and yet net one word
did Mr. Bellamy bring forward. Mr. Bellamy was a lawyer, not
MIN Captain Maiawartug, he knew all, and knew whets to stop,
ha hisoructe d Mr. Hales what to do. In the examination and
toms-examination, not one word came out as to nnsoontnese—not
one wend of it was told ; and why ?—because it came too near-1.
Immo it was bringing the lunacy to the door of 1917. " Wbo
Amid we trust t?" said Mr. Holes, and said truly respecting ffie
puss* to become trustees to the property. Several perms of re-
inseetability were mentioned to him, hut not one of them was ap.
pointed at the deed of separation. Who was rut in ? Mr. /tolls*
and Captain liainwaring. The separation was in 3aunary, and
the dent in April. Dr. Wright was called in, and gave liberty tla
have the deed made ready. And hers 1 beg to say one thing shoat
the benefit of publishing the accounts of this ease in the
papers. A gentleman in Cambridge, who had seen what took
place there, wishes to come forward and give his evidence.
Why are some witnesses kept back, and others brought for-
ward, but to serve purposes ? First, of Iredall—he tilts of
the conversation at tlamsborough about the coach-.he said, first
it was in IB'l3, and then two years before that he told it. Then
he would not swear but it might be three years, or three and a
half. The Learned Counsel then commented on the evidence of the
i various witnesses at considerable length. In alluding to the testi-
' mony of the medical gentlemen, he observed, tbddgfs they. would
I shrink from colouring a fact as if it were perjury, It is 'mating u
see how fond even such men are of colouring an opinion. Thaler
gentlemen Mina great predisposition to ticid • man a lunatic, not
horn interest certain! , but hem a peculiar professional bias, adit
they may he eat for saying " be is not th to conduct himself,
and he might.tiLogiii in our boon, or under out tare." Bat other
medical am Mk' leion those. To Wit such a span al Dr.
Malawi in enough to prevent the inapieies deal he could be infla-
mes' kr sap improper motive. No man sands MOM in the tad-
Elation &mankind, no man is more respeseaPle, endive tame his
better illustrated the subject of insanity. Nina among others I meen
Metall before you. Remember thito that with teapots* Mr.-Fra
yen are bound to protect his estate, but you ace bound te protect it
way against unsoundnem of mind. and not ageism restiveness':ties.
&clonal. 1 t is peculiariy hanl that Mts.Prank, who is not peiudited
en be tepreeente a hereby Counsel,should be condemned Without being
based I and every one who heats me will but do bit din, in en.
demoting to get rid of all prsjudice sgains her.iwit tipmfeetlf
enweisesat with the law, and certainly with Christian chinftf, so hi
de. Lae is a moat unfottunate woman, whatever she may hate
donee You must pay particular attention to the circumstances
zanyed with the years 1818 and 1817, when it is proved by the
Mr. Bellamy and Mr. lisle. permitting the preparation of
ihe dead, that he WAS in a salts state of mind. That deed passed
through the heads of Me. Leigh, of Waketeld, than whom a more
henourable and upright man dem not exist in the profession, and I
tenet in the whole course of my experience knew a ease in which
a ViU of a deed of soy kind was suffered to be set aside on tits
of beeden, welters, apothecaries, surgeons, or ever, phrd.
wellmailli: lleilast, when it had such testimony to support it. lA.
Mtema seed the technical word " delusion ;" the word applies, t.'
bit net taking Bellamy. But was this ** deassion ?^ was at de-
lusion ea reject a man who had been described to WI as his entail,
effie had picked his locks, and taken away his paywra..for suehirat
the. lotimation Mr. Frank received of th• cardiac% of Mr. et.
Lamy 11 It was stated as a circurnmanea of saw_ height, that tire
Lord Chancellor had sent this case to a Jurrhot enquiry. 1 admit
that it has some weight, but is there not much pester weight hi
the fact of the Lord Chancellor's dismissing toe eppliestion fat tills
I inquiry in Bit: ? Is it riot a ciecume!auce of at greater eviller.
for in the present instance he only hash's doubts. burin the f
he was decidedly et opinion, that there were no groan is tor ibe_4.
quirt, or in GPM be woutJ have sent the twee Wore you "?...The
•

I' . • *Oak

a oft you." Mr. Judge said, " Who have I the honour
reAsing ?" " My (lama as Cake* Berkeley." Mr. Judge
if you will come to the Altair MB 've you every expla-
" Colonel Berkelti
_and Ai ether. raid " No,
have k oink." I leit the Sell 116119 t the door: wi
It ilite abs ..bilislatAryt
Pite Leeaselneee 17:164 * 410 4110evont *re
it. 1 Weed bin
die .At gore 01pe kw I
help!
sit= 1 newt bet 1
it wag I lOW :i
sr. bet alai 1011;
al* kite illi• did j.lni WM a.
Res no man in we bosee—Mae Wit "WWI Oa raj neves
must, I beard rate eastsf die time Wile may, " 10 140
r ; he has bod aleogila" •AL ILA Wt J . etteaken antis Mg el*.
• A . _ _ a • . n

damiser
game af She anoNSI maikes his Mon left he oneestion— 1110
oar named foreir, e
for
be horee-stealiag. kb it le pro.
parragi oldie law TN met nneet • its atutost hugh
aslant V. PIIIWTOLD. POW* ?"
Tye me sa anima Ow Wm_ impetnosinsent. Plea. Net Guilty. to Ide bed for
ye Ationtriona seadnalediheplaietire am, amt Mr. Sergeant • mike! ma
UMW the egamdmica. heinight. H
Ile we was dda t—The delhadeatt wiee moose of the work. mesh mare
bow et gosibesene. whieh readeoll.ereemes of ewers' stied Mime an
.itiset, edit the semslo fieesl.l4" amemetly tmedli dim
iimereanlert. The pompon Imihneelrnmed **of initheedt- whethe
mem. ord ofdseem oses Ward Martha oeillrery west of the it wish
sown A mows awned De. 1011 WM adored by the ne. Mum becans
sum "PI wall IMO* Mervind Mdo,acedeon. by die resits
Jen* Integer la us awn* semenVire *kW Wilke ; hot MY Wags or his
est kerb, she lOW 10114 be dirdisoasi a pee her ander rho waif side, w
mama ads, meldienne_ lames. whim. k was In be had ivoi t fur,
PON* dbardatMeimaklanifa of the aitakeenmamehmiii la Ow blerM to tl
wee r pormithins. the Oak muyeas molted * body met of an Mr.
ow sow. emsolied the dellmileskamil Mimed the weletan. The mad Wing I,
o,,seg bring ape of the sew salve in 'Me ponseedlog, was he heasein
ulna Whet a mserhuote, aeaVastribd fee trial at the See.- net prom who
ewes. Maw he was afterwards asipeleted, and now beenght the pre• their identity
mu. Om. • they would •
le Manor. evidence was adduced to showslat the plaintiff hod twat—mark !
bus Out of tech disorderly eoldiret, as in the opinion of the them. bet ii
Leimot Jorge;janilllll dm defendant. Judge was in
rise joy, wafer the Leaned Judge's direction, laud for the. he had no oil
erfeakim. • farts of this a
is a amps
sualialf ASSIZES—CHOYDON, Fashaw, Attn. L blood, and as
• pity that wl
Thelf#Sitrilio codeity eb.day, berm load they did not
worJ y= en dm rod Ih. Boma fiaamtaa on there,
low an
de Owen Ili • have aometh,
The rtaYitaitwof=elllle asperity of the" thel
loth
de Nr
per awe. oa die then are 26 man. should
deans mewed he NAL Firm-amt.
. out lad it in

...a...wt.. as ...moron pormnia annum... maw %am. Gonalli I. tray err Me
first week. bliss Morris had as oppertesuy of seeing What hap. NOR7'H ERN CIRCUIT .
petted in the passage. --umaw-.-
Croes-examined by Mr. TAUNTON-I think it was Lord Lee. OtltliAil ASSIZES, DURHAM, AUG. S.
nox who pulled the wig eft I was near the staircase, gad saw a
hand puff it off, but can't asy whew; the 'due gendestes thee at This lay, Mr. Justice BAYLEY left town to Open the COMMih
the foot of the stairs. skin at Newcastle.upon-Tyne.
(Whilst the witness was under eitheathedon, M. Fldllips ob. CIVIL SIDE.
served some persons smiling at her, and thew the athessise el the Before Mr. Baron HuLt.oce4
Court to the circumstance.) . TrIGIIMOUTIt v. TaVLON.
Miss Mary Ann Motria--I recollect prised? Intl the Woe In Thia was an action brought by the plaintiff, formerly a pablican
the house on the 13th of March. being *so is the Modes ander et Durham, and now a prisoner confined for debt in Durham Gaol,
.ilr. Judge's apartments. There was a seethe-of pseud pride. against the defendant, a brewer, to recover the amount of certain
men. sod I went dp stairs to Mr. Judge's door, sad grist sh pi in, deficiencies in the measure of the casks supplied to the plaintiff.
but it was fastened inside. I heard distinctly the .is. of Mr. The plaintiff, in a • long, desultory, and rambling speech, oc-
cupied the Court foe a considerable length of time.
Judge. He is a slight thin young man. I heath Wend Berke.
_.........„-__
ley repeatedly say, " Ythaltherve it, dir," w bath* him with
. , . - &gig, rs,„ This evening, about eight o'clock, Mr. Justice Bayley ar-
s whip. I heard at i, mid?.
.. ma. 164 Anis NORTHUMBERLAND A SSIZES.-NEWCASTLE, Atm. S.
I latest
Sergeant were then living. Math end Redithith vi-
sited them. On hearing t -
Mr. Judge come out; ' Jr` • - it.. his rived in town and opened the commission. We have not been able
.
face streaming with blood. ' K
„pis,
... ~„„,„ to ascertain the extent or nature of the calendar; but we have tin.
i„,,,iir du', ggreteisd It to be light, and the civil causes not to be numerous.
when one of the gentleman Mok hold - • - ...r.
+sir.' ldalttsse-wersthiseell , • and - AUGUST 4.
Colonel Berkeley lashed him with his .IS • • le •Thinaritrohryt. Mn duthiegjlowsse.thdille. Basta klittxt.ocx
in all directions; some of thegYhie hin.giheug h _ the 1 *, attended divine service, aud'efterwardi proceeded to their respective
emitted quite a foot long with blood , corroborated C°1111.• Itolik
the statement of the preceding w
~..Mii:" i ' aluit have e- e
rested on the sofa to have made. • flit pas LAW INTELLIGENCE.
upon it. • • .._............_
John Brown-I am assistant to Me. sad Ma Wed In to VICE-CHANCELLOK'S COURT-FaIDST.
attend Mr. Judge about three rick* qp t 14th Ala last. He
was very faint, and had received several severe Ms,. rak.
xia,
IIIaDDETILEY AND OTHERS V. VORICItoY.
face and head, and one more particularly over the tie. 1 mesh This case has already been before the public. It was now heard
swollen. He could not bear to have is washed. there a very -in an application to supersede a commission of bankrupt alleged
heavy lash from the corner of the eye to the lip ; the skin was tut to have been concerted between the defendant and his father. There
was nothing of interest or worthy of notice in this case, except that
though, and part of the lip was divided. I went to a surgeon, who
directed leeches to be applied. arising from the vast number of affidavits filed by each party, and
Mr. Stephen Hempstead M surgeon at Cheltenham, at. the greater part of which were in direct contradiction to each other.
et&
tended Mr. Judge at seven o on the eveniag of the 14th of At the conclusion of the argument, his Iforrou a observed,
March. At that time the 1 ' 'were applied. The eyelid was that he considered the trial by affidavit a most unfortunate and unsti-
swollen, and considerable infistlantelks• about the !re. i did not tisfactory one. It led men to expose themselves to most extraor-
then see any mark on the ball of the eye, nor could I form a de- dinary conduct. He was unwilling to come to a conclusion upon
sided opinion whether the eye could be laird or not, as the intim. affidavit, unless he dearly saw his way. lie should therefore read
. nation about it was then very considerable. On the following the witoleot the affidavits attentively, and communicate his opinion
1 morning I examined the ball of the eye. There was still consider- on a future day. At present he felt a great leaning towards the
; able in liarurnation and some opacity (cloudiness) on the cornea idea that the commission was a concerted one.
I (transparent parts of the eye). It was what is termed a haziness. This case occupied the Court the whole of the day.

ellnements of knowledge would now be mit liable to ingasousautm. There welkin for a mod must feel ; and the more such an individual is in possession whose presence this took place ; I wal produce Co you the trout Mho
Ante, which the defend- long wilds, 1 few. a slight mark on it. of his seine and-remon, the more painful to him must be such an in. broke open the closet for them, and the respectable clerginsat who
[ impunity and trample Croat-examined by Mr. CAusIIELL—It was is 24111 be nucleation. It ism this &Mount alone that I call Mr. Frank info,- witnessed 31r. Bellamy's conduct. Theo have I not prated to yod
will consider the effect of called on me; I never saw him before or since. ' donate. Look at the meet an individual thus situated—figure to that those whom you thought to be your friends, are cot Meade...
me such sheat' be the Mr. Casio, amt. L—l think you have been put to mall 1•Mefoo. seas who stay, up to this moment, never have been be. you believed them without proof, but I bring proof of all I say.
t some one of the pea. nience in coming here. et Ms Mishotol ding—look at him exposed to a Therefore have I not proved of them what they eithet conld not, or
t and there commit out. James Wharton—l am a saddler in Cheltenham. and Mildinee cilmslop.oe Mars ids_. life and his history explored—every did not prove against me." You may easily understand that I ens
'erdict induced me to do two gentlemen calling on me to purchase a whip. Some of this wham gy thee we reiterated, and not only reiterated, going to call witnesses; that I am going to calipall, the Rte. Mt-
t into lour house ; I did said those I had were sot bratty enough. They school for sJeliay bons gad parvenu--then
commented upon with much Norton, lord others, to prove the state of Mr. enemy's mind, ou
Berkeley did so." Sap. whip. sad laity amidst sunhats of persons, and this, too, at learning the news that Mr. Frank and his wife bad been again rel.
rut ; aught he ‘. Ma Part.tars.—'l`btops that sinsieliotes bent 2—Yell ~. • dissorbsotico very individual himself is but in the prime of life, conciled. We do this to show that we have sot fallen ots wakes
I fee I-
was untibk -IfirriesaL-1 lasoortibraliciiiisaboateonow and
an
tours, most_spositive and rock', ana foundered in our case, as they may hart imagined. Mr.
; but why do you accuse Lennox was the other. They looked om the heaviseei al ire ft ivy for an smith iki Wi 1211111141 \ Belluny sod thi wife Wawa be ealledbrol, Is tiMlspaimorveche
d. I did not attack roil they did not get a heavier they would return and tokeit c Owy d . things detailed jury of his country, and there made ruin of law ; but happily for us, and A* algoogsge levities, Mr:
er day for a few pounds. not return. the subject of cans ng and unblushing comment, and after. Bellamy's evidence forms not an integral part of the cafe. Mgr
to me." It would be, 1 This was the case for the plaintiff, wards, day after day, aa they transpired, published to the delusion ascribed to him was, that be thought Bellamy his enemy,
erstand Col. B. means to tWe regret our inability to give the intervening radon of this whole work—but then, what was still worse, the individual and wished to get rid of him, but there was no delusion In ibex.
libelled by the plaintiff. trial betwixt the conclusion of the plaintiff's east and the summing himself to have to undergo a bodily inspection, to give a bond for he considered Bellamy his enemy. Suppose a man had learnt
yen irritated by reflections up of the Learned Judge. Owing to some accident which has as it were, in his own person, to submit to In his own life tints, that a horse had been stolen from him, end went to the stable where
the others have ? Have , operated to intercept our expresses, this part has missed reaching what many have a rooted antipathy, that their bodies should heunderstood him to be kept, and the hostler refileedhim admittance,
manly part MI et took in , the °thee up to the time of our going to Press.) be submitted to after death—to have hisgeSILITOS and expret- would there be any delusion in the man still thinking the horse to bh