The Sun.
London, England, 1855-02-12 00:00:00

THE SUN, LONDON, MONDAY EVENING, FEBRUARY 12. 1

LAW INTELLIGENCE.-(TRIS DAY).

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COURT OF EXCHEQUER.
(Before Mr. Justice Coleridge.)
IN RE GREENWOOD.

Our readers will probably recollect that about three
weeks ago Mr. Sergeant Wilkins applied for, in this
court, and obtained, a writ of habeas corpus, directed to
Mr. Pindar, the keeper of a private lunatic asylum
called "The Retree," in Lancashire, commanding him
to bring up the body of William Greenwood, who, it
was alleged upon the affidavits of thirty individuals, had
been improperly confined in this asylum, he being of
perfectly sound mind. In about ten days after the issue
of the writ Mr. Greenwood was brought up to London,
and the case having again come before his lordship ho
decided that some further delay in its consideration
should take place, in orler that he might have the ad-
vantage of the testimony of medical men of eminence
with respect to the sanity of Mr. Greenwood, before he
arrived at any conclusion in the matter.
That testimony having been procured,
Mr. Sergeant Wilkins and Mr. Overend appeared on
Saturday to move f,r the discharge of the alleged lunatic
frein custody, upon the ground that the medical certifi-
cates upon which he had originally been placed in con-
finement were informal, inasmuch as the pla!es of refi-
dence of the certifying surgeons were not accurately
defined therein, as provided by act of Parliament ; also
upon the ground that Mr. Greenwood was of sound
mind, and that further restraint would prove injurious
to his health.
Mr. Monck, in the absence of Sir F. Thesiger,
contended upon the part of those relatives of Mr.
Greenwood, at whose instance he was placed in con-
finement, that the mere omission of the numbers of
the houses in which the certifying surgeons happened
to live did not necessarily render their certificate in-
,
formal. That portion of the statute of the 16th and
17th of Victoria which provided for the insertion of such
number was simply directory, and a non-compliance
with it did not make the document absolutely invalid.
The learned gentleman also real the affidavits of two
medical men, Mr. M'Cann and Dr. Sutherland, who saw
Mr. Greenwood several times within the last fortnight,
and who gave it as their opinion that ho was insane.
Dr. Sutherland, in his affidavit, stated that in reply to a
question which had been put to him, Mr. Greenwood
said that this was the year 1848 ; that he had subse-
quently said it was the year 1312 ; that in answer to
other questions how many shillings were in 51., his reply
was "five shillings;" that be believed himself to have
been three or four months residing at St. John's-wood,
whereas the fact was that lie had been there only a few
days ; and that the result of the several interviews which
he (Dr. Sutherland) had with Mr. Greenwood was the 1
opinion that that gentleman was of unsound mind.
Mr. Sergeant Wilkins the❑ read the affidavits of Sir
1. Morrison and Dr. Forbes Winslow, who stated that
they had visited Mr. Greenwood on several occasions
within the last fortnight, and who gave it as their
opinion that although the gentleman's mind was an

doubtedly enfeebled, his memory impaired, and his
notions of matters relating to his property somewhat

confused, yet that these infirmities did no amount to

insanity.

They also added that he appeared to feel

justly and affectionately towards the various members of
his family, aad that the delusion which was said to have
led him to suppose that his brother Robert intended to
poison him should be considered in connection with the
fact that he was at the time labouring under a morbid
derangement of the stomach, accompanied by severe
gastric irritability. The state of health continued
up to the present time, but it was their opinion
that change of air and freedom from restraint would
tend materially to invigorate his constitution and to

restore the tone of his mind, while they maintained that
the infirmities to which they had referred were not of

such a nature as to justify them in certifying that Mr.
Greenwood should be kept any longer in confinement as

a lunatic.

Mr. Overend held that in law Mr. Greenwood was
entitled to obtain a discharge from custody, inasmuch as
the provisions of the statutes with respect to lunatics
had not been complied within the case of the certificate
upon which he had in the first instance been places in
confinement.

Mr. Monek maintained that the omission complained
of in the present case was of a nature so unimportant as
to constitute no substantial violation of the spirit of the

statutes in question.

Mr. Justice Coleridge said he should wish to consider
the legal point which had been raised, and should,
therefore, postpone his decision until Monday.

To-day his lordship held that the certificate was in-
[(viral, and that Air. Greenwlod must, therefor, be

dischargyd.

COURT OF QUEEN'S BENCII.

(Sittings at Guildhall.—Before Lord Campbell en I a
Special Jury.)
CETM. CON.-HOVID V. AGUADO.
This extraordinary case of crim. con , which had been
adjourned from last term owing to the then indisposition
of some of the learned counsel engaged in it, was taken
the first thing this morning.

Sir F. Thesiger, Mr. Bovill, and Mr. Phipson were
for the plaintiff; and the Attorney-General, Mr. Sor-
geant Wilkins, and Mr. Wise were for the defendant.
The proceedings were resumed by the evidence of the
two French chambermaids, taken upon the two first
days' of the trial, being read over to the jury,
Mrs. Ann Routh, formerly Ann Murray, was the first
witness called. Sho deposed that she lived as nursery
maid in the family of the plaintiff and his wife in the
years 1846, 1847, and 1848. 111 the summer of 1846
witness accompanied Mrs. Hope to Havre, and after
staying there some time they returned to Mr. Hope's
residence in Paris, on the Quai d'Orsay. On their re-
turn I was in the habit of locking Mrs. Hope in her
bed-room, after she retired to rest. I did that at Mrs.
Hope's own request, ,Mrs. Hope being at that time
without a maid. One morning I remember lire.
Hope calling Mr. Hope into her bed-room, and asking
him to go out and take a walk with the children.

I remained in my room next but one to Mrs. Hope's.
I after that saw Count Aguado come past and go into
Mrs. Hope's bedroom. She was in bed when I came
out of her room, which was very shortly before. I then
went down to my dinner, and was there about an hour.
When I came back the Count was gone. I recollect
Mr. Hope going away to Holland in 1848 from Mrs.
Kitchener's lodgings at Folkestone, Just before Mr.
Hope's return a piano which had been in the sitting-room
was placed in the kitchen. During Mr. Hope's absence
the Count was a constant visitor upon Mrs. Hope, and
used to come about 10 in the morning, and frequently
staid until ten, eleven, and sometimes past midnight.
Mrs. Hope was away some time during Mr. Hope's ab-
sence, and said that she was going to London. When
sbe came home I was asleep, and did net hear the bell,
and same gravel was thrown up at the window, and Mrs.
Kitchener let Mr. Hope in. Some time after Mrs. Hope
went to Holland to join the rest of her family. She
remained some time, and I came back with Mrs. Hope
to Dover, and as we were:coming from Dover to Folke-
stone by rail I saw the Count and Mr. Derail, Mrs.
Hope's medical man, in another railway carriage, going
towards Dover. I told her of it, and as soon as we got
to Folkestone Mrs. Hope ordered a carriage and was
driven back to Dover. She came home in the evening,
and the next day Mrs. Hope took lodgings at Folkestone,
at a Mr. Brown's. I used to be Sent out a great deal
withthechildren. The Count was staying at Folkestone.
He has been there. I heard the Count talking in the
dining-room. When we went to Deep Deane upon a
visit Mrs. Hope gave orders te have a bed separate
from Mr. Hope's, and said she did not let him
sleep with her. Upon one occasion, when in Paris,
Mrs. Hope would not let hint into her bed-room. That
was about eight o'clock in the morning. He had tried
her door an found it locked.

Cross.exaranted by the Attorney-General—I do lot
know that Mr. and Mrs. Hope had any quarrels about
money matters. After coming from Havre, in 1846, she
went to a convent for one day. It was the convent of
St. Augustin. I did not know that it was in. conse-
quence of a quarrel they had. Did net know that Mrs.
Hope acted upon the advice of her medical adviser in
not sleeping with Mr. Hope. I heard her say she
would not let him sleep with her. I kept the key of her
room, and be did not know that I bad it. I was intro-
duced into the service of Mrs. Hepe by Mrs.
Ripshar. Mr. Young first spoke to me about
this matter. He was a friend. Ido not know that he
was a particularly kind friend to me—he was a friend of
my father's. He asked me if I had seen anything im-
proper between Mrs. Hope and the Count.
Re-examined by Sir F. Thesiger—At the time I was
in the service of the plaintiff and his wife they had
separate rooms, but upon the same floor. When Mrs.
Hope went to the convent she came borneagain the same
night and slept in her o‘‘n house. Had seen the Count
come out of Mrs. Hope's bed-room, at Havre ; that was
at the time she was in the family-way. She used to re-
ceive visits in her room. I first mentioned this matter
to one of the servants of Mrs. Hope's family, but did
not give any evidence in this matter until 1 saw Mr.
Few, the attorney in the action. My husband is a
smith, and in the employment of Mr. Cubitt, and has
been so for many years.
Matilda Francis Ansdell—l was lady's maid to Mn'.
Hope, and went into her service in 1848, and left in
18479. I kept ithe key of Mrs. Hope's bed-room. Mr.
Hope did not cohabit with her. They never slept toge-
ther whilst I was with her. She used to say that she
would not allow him.

Cross-examined by the Attorney-General—l wont to
Mrs. Hope. When they were at Deep Deane Mrs.
Hope did not tell me that she refused to allow Mr.
Hope to sleep with her, in consequence of what her
medical'attendant had said to her.

The Registrar of parties embarking and disembarking
at Boulogne was then called, and was under examination
when we went toprese.