The British Press; or, Morning Literary Advertiser.
London, England, 1826-03-08 00:00:00

LAW NOTICES.

COURT 07.

TUTORS THR Lull) CIIMICI

Exporte Wed, n re Rainey, Bank-
rupt Petition. for Judgment
Lurd Grontiey v. Garthwaite

CUANCERY.
711114011 TRU DAT. AT TM

Garibaldi, v. Lord Gantlet—to be
spate to
Thomas v. lloatimmery—perhion.
per order

lISTORT TOE "'WI Loa Tft■ nAT, AT NALV-PAST TIN,
F:IiceINOIN. and ?nether Directions.
Ben•leg v. nurdon—to he spote to. Remainder as per List.
The Muter of the Roll.* will sit this evening at six.

LAW INTELLIGENCE.

COURT OF CHANCERY, TVtIDAT, MAIMS 7•

IN TIIE NAT rER Or SMITH, • LT/NATIC.
Mr. SIIADNELL said he would not have applied to prevent this
ease from standing over for the affidavits required on the other side,
if he had not been placed in peculiar circumstances. The appli.
cation in this case had been made en affidavits by persons who
knew nothing of the nrcumatamws hut from hearsay, and these affi.
davits, defective as they were, had also been contradicted by four-
teen persons who had known the lunatic for many years. who had
lived on the spot, and were some of them connected with him—
some of them entirely unconnected by relationship nr otherwise—
who all deposed to circumstances which rendered it very unfit to
issue a commis-ion of lunacy. It had been thought proper to pre-
judice the mind of the public by advertisements in the newspapers,
and by placards and songs handed about, with infamous pictures at
the head of them, in which it had been asserted that helmet been
confined for several years by his brothers and sister in a dark room,
like a swine; that 1w was kept destitute of clothing, and fed on rear
potatoes ; that the hair of his beard was four inches long, and his
nails nine inches. The circulation of such rumours naturally
raised the strongest feelings against the parties, when a commis.
sion was applied for, and every method was used which the press
could afford for blackening the character of his clients. Whir there
existed so many counter atatements, common justice *timid have
prevented them front coming as they did, and saying, give us an op.
portunity of making a better case. lie did not say that the intli.
vidual In question was nut of unsound mind, and totally Incapa-
citated from taking care of himself or his Aides ; but he was sure,
adverting told. Lordship's principles in Mich eases, that his Lord-
ship would not think it a tic case for the use of the gnat seal, end
would consider that there was no ground for thinking that the on.
fortunate individual would be better treated in an hospital amongst
strangers, titan among those who had known him during his whole
life. So far from feeding hint with raw pommel like a swine,
they had exerted the most sedulous attention in taking care of him.
lie was quite satisfied from the observations of his Lordship on the
first application in Lord Portsmouth's case, what would be his
Lordship's principle in this case. It would not be a wholesome
exercise of the authority vested in the Keeper of theGaest Seal, to
allow a petition which would do injury to the unfortunate person
himself. The lunatic had been actually stolen away from his bro-
ther's house, to be placed in an asylum.

Mr. LovErT tiid the application for the petition to stand over.
hod been made under the following circumstances :—A corral had
been entered against the petition, and affidavits had been tiled in
support of the petition, By his Lordship's order, the petition had
stood in the paper 4 or 6 days ago. The affidavits had been filed in
answer at nine o'clock in the evening before the day on which the
petition was to come before his Lordship. Under these eiretim-
stances he had requested that it should stand over to this day, in
order to procure affidavits in answer to these. Not a moment had
been lost for this purpose, and directions had been sent by post that
eery evening. Same difficulties bad occurred ; but the affidavits
had that moment arrived : anti though he had intended to ask that
It should stand over till Thursday or Saturday, he would proceed
now if his Lordship would allow him time to look them over. Mr.
Shadwell had said, that placards injurious to his clients had been
handed about. Did he connect the parties to this petition with
these placards. It was impossible to prevent statements from being
publisaed in the papers; but he would venture to say, without
knowing any thing of the facts, that the parties presenting this pe-
tition had nothing to do with them ; but supposing that the parties
had really publisEctl these statements, could that operate against a
person of unsound mind, who demanded the protection the coun.
try had thrown round such persons. Supposing the motives of these
parties to have been ever so improper, he would ask whether the
petition war not to be regarded as the petition of the lunatic him.
self. If it were said that the parties presenting this petition had
circulated these rumours, lie would venture to say that they had
nothing to do with them, tor he knew their respectability. But, sup-
posing that they were guilty in this respect, his Lordship had
nothing to do with the motives of those who presented the petition.
With reference to the merits of the case, he would not trouble him-
self with it till he had read over the affidavits.

The Eon° Cu ASCE t.too observed, that the public papers had
given such statements (falae perhaps) that he would not delay the
herring for a single moment. If the account, were true it was the
most distressing case he had ever heard ; if it sere not, how those
who have laid such a representation before the public were to be
dealt with was not a matter which he had any concern with.
Mr. Irovvrr did not object to proceeding immediately, and
went on to read three eflidavits in support of the petition, by
Thomas Eld, Esq. of Ashton House, in the county of Stafford;
J. Garrett, surgeon and superintendent of the Staffordshire Lu-
natic Asylum ; and Dr. Knight, a physician to the same establish-
ment. In consequence of information which Mr. Hid had re-
ceived on the 24th of January last, he went to the Rev. Henry
Delves Broughton, a Justice of the Pence. On ‘Vednesday, the
kith of January. they went together to the dwelling-house of W.
and Thos. Smith, at Mucklestone Wood, Staffordshire; they
user the latter at the door. He denied that there were more than
two brothers firing there ; they proceeded into the dwelling-house,
and asked him if his brother who was out of his mind was in the
house ? Thomas Smith was much agitated, and hesitated in
answering the question, when :11r. Hid said he knew he was there,
and would see him. Upon this Thos. Smith said he could not see
him as the door was locked, and his brother was gone to market
with the key in his pocket. The sister, Sarah Smith, descended
at the same tittle, and on being asked to show her brother. eacutred
herself for a few minutes, as she had lost her keys. On going up
stairs Thomas Smith passed the door of the room where George
Smith was; but Henry Delves Broughton observing an iron
hasp or chain and staple upon the door, insisted on enter-
ing. He found the room dark, and the window bricked up;
and on taking down the bricks and looking round the room,
he saw heaps of filth lying so thick on the floor that he
could scarce lift his foot without treading in it. There was
also a great deal of straw and chaff scattered about Ile observed
also an old bed with loose boards underneath, and propped up on
one side by the wall, and on the other by an old door. On the bed
there were two bags, an old blanket, and an old coat, all in the
most filthy state. On asking where the poor creature was, Sarah
Smith turned down a little of the two bags which covered him, and
said here be is. George Smith the lunatic lay quite naked, with
his lower extremities coiled up, his heels close to ins haunches, his
beard five or six inches long, and his whole person in the moat
filthy condition. There was an offensive stench in the place, and
the room was disagreeable and unwholesome. The lunatic lay on
a heap made up of straw, chaff, and excrement. There were no
chairs nor tables in the room. There was is lire-place, but no fire,
and no appearanre of any having been there for some time, al-
though the weather was extremely severe. George Smith appeared
much emaciated, and was incapable of returning any rational an-
swer. Mr. Rrnughton gate directions to leave the place in the
same state till he should call agala in the evening. He did so. with
Mr. Garrett, the superintendent of the Lunatic Asylum, for the
purpose of' removing the uofortunete persoo to that establishment ;
but they &unit that the room had been cleared and the lunatic
placed upon a feather bed before they had arrived. Thoinas Smith
assisted them in conveying him into a chnise, anti Sarah also ap-
peered to consent to his removal. but 'under the imprese,m that
they had legal authority foe the purpose. The sister hearing Mr.
Broughton observe that George Smith had 1,5110/. for his main-
tenacce. told them that he had only an annuity of Mil.
Mr. Garrett gurc it as his opinion that the come ...ion of the
lower eateemeties of the lunatic had been caused by long confine-
ment, by want of exercise, and exposure to the inclemency of the
weather without any covering. James Smith called at the hospital
soon after George had been conveyed thither, representing himself
as his brother, saying that he had been properly treated, and de-
mending that he should be delivered up to his natural guardians.
If,. Knight deposed that on attempting to take tie lunatic by the
liana at first, he attempted to scratch, as if afraid of violence,• Ott
the 21kh he appeared more calm ; but he was decidedly a harmless

In opposition to these *Sleek' William. Thomas,. and Sarah
Smith deposed filet the lunatic had been afflicted once before the
death of his father, bane Smith, sod twice since, with pandytic
strokes, which caused the contraction of his lit:ills; that his fattier
placed him before his death in the care of William Smith,
with ',articular directions not to semi him to a lunatic asylum.
lie selected the room fur hint before his death. They had
exerted the most unremitting assiduity in feeding and taking
care of him for the fourteen years that he had resided sir
them. They had spot more than the annual rum allowed
for his maintmince. Sarah Smith. who is now far advanced
in years, has taken up her residence at Mticklestone %rood. where
William and Thomas Smith reside, mrely for the purpose of at.
feuding him. Site frequently OM for the •whe 'sight with hint,
an 4 had her bed-reout opposite to his, in care he should want her
in the night. Ile had no: been taken into the open air for some
time, as it was found to injure him, tut he was frequently re-
moved from one room to another. There were in ill nine brothers
and sisters • and the other members of the family, when visiting
their ben hers, saw no cease of complaint against the treatnteut of
the Individual in question. No medical man hart ever been called
in till he was removed to the Asylum. when a gentleman was sent
to find whether be could give.any evidence to induce the Court to
remove the lunatic from the Asylum.
The LORD CHANCELLOR, after nOrtie remarks on Me uncere.
monious manlier in which newspapers were in the habit of dealing
with peoph:'s char-utters in such cams aa.the present, where not a
single onegetion had been proved on tbe 'affidavit, observed, that
the question would now be merely whether it were proper that the
lunatic should be continued under the custody of his brothers, or
be put under better tare.
tinanwELL sail his clients hall no wish to keep him.
The iscolD cHANCXLLOR then remarked that it would come at
last to nothing,rhut a question of code. No epplicstion could be
made but for a commission. That was en object which there were
Just grounds for their obtaining, no doittit ; but it was (-minify clear
that there were Some cases in which the parental care of his Ma-
jesty was unnoressory, and where the throwing of another sort of
care around a lunatic ditilvent iron] that to which be had been ac-
customed, would make hint more unhappy than in his present cit.