The Sun.
London, England, 1852-04-15 00:00:00

EXCHEQUER.-(THIS DAY•)

This being the first day ot, Easter Term, the Judges
took, their seats on the bench shortly after ten o'clock.
Mr. J. WILDS was called upon to take his seat on the
" postman's box," which had become vacant in conse-
quence of the elevation of Mr. Crompton to the bench.

_
HILL v. PHELP.
Thii action was tried before the Lord Chief Baron, at
the last sittings after term in Mid,:lleiex, when a verdict
was found for the defendant.
Mr. E. JABIES now applied for a rule to show cause
Why that verdict should not be set aside, on the ground
of misdirection by the Learned Judge, in the improper
reception and rejection of evidence. This action was
in the case against the defendant, Dr. Phelp, as the
licenied keeper of a lunatic asylum at Kensington.
and, it charged bias with improper treatment
of the • plaintiff, who was admitted as a lunatic
to his asylum, and remained there for a year. The
plaintiff was taken to the asylum in May, 1850, and it
was admitted that at this time he was suffering under
temporary insanity, in consequence of misfortunes and
other circumstances acting on his brain. The first
ground alleged against the defendant was, that he was
guilty of cruelty and improper treatment in subjecting
the plaintiff to mechanical restraint while so insane, and
on this point the jury returned a negative. At the trial
medical evidence was adduced to show that the plaintiff
had n,-) wounds upon him when he entered the asylum,
and that the injuries upon his person must have been
produced by mechanical restraint resorted to by Dr.
Phelp during his first paroxysms of insanity. The
plaintiff remained at the asylum until May, 1851; and
the' next ground of complaint was that two months
-before his discharge
,he was improperly restricted from
all exercise, and placed in solitary confinement, by which
his health had suffered severely. On leaving Kensing-
ton he was sent to another asylum, at Northampton,
Where he remained until September, 1851, being in that
month discharged as perfectly cared and sane. The first
ground Ott Which he moved was that the Lord Chief
reciived in evidence certain letters from the
Plaintiff's wife which she sent to Dr. Phelp, requesting
"L°llq place' her husband under more coercive treatment;
and the second, that in his direction to the jury he told
them that Dr. Phelp was justified in submitting him to
,fide 'confinement if he honestly and bona
'V,: followed the directions given by the
in the those letters. He submitted that
Consequences would be perfectly frightful if
rlll dictum of the Chief Baron was held to be well
e,°„2(led, because according to it the proprietor of a
47V6 asylum would, on the request of a wife, grand-
°t"-er,- or uncle of a patient, be justified in using an
attoni t) t
restraint and coercion which in point of law
/1/54, Wholly unwarranted.
4.;.1ii LORD CHIEF BARON said he told the jury most
Itinet!Y that if the wife gave directions which Dr.
thc—P,tuought wrong he ought not to have followed
'ke":ll,' but that he was justified in carrying them out if
whF4laidered they coincided with the medical treatment
irj was necessary under the circumstances.
•'Baron PARKE inquired for the letters of the

the E. JANEs said the letters were in possession of
def,„'er side, and Mr. Bovill, who appeared for the
sey—"ant) was unfortunately absent in consequence of
46Tittrill.nness.,
Th. r,.."4119 further Enscussion,
"lIRT requested Mr. James to mention the case
Zhen the Court was furnished with the letters in
queSt
1).

Z'sl. 3M. ON PLEAS.—(T HIS DAY.)
ti -adges in this court were the Lord Chief Jus-
kid birr/159' Mr. Justice Cresswell, Mr. Justice Williams,
T, • Justice Talfourd.
44,2 business in the co during
urt dur the morning pre-
-9 feature of general interet.

TattellES COURT.--(THIS DAY.)
nut,
taie,,'"l°P OF LONDON AND THE REV. .1. E. GLADSTONE.
d
iyaeZ-44aster Term of the Arches Court commence
The Rev. J. E. Gladstone was in court
kis l - st.u'r• John.Dobson, the Ddan of the Arches, took
Ab
%totee
DEAN (addressing Mr. Gladstone)-11r. Glad-
• eretal",ue Proctor, for Mr. Hodgson (the Bishop's se-
ta), tip Prays publication. Do you intend to assign
Tae 'Nations? Mr. Gladstone—l do.
1111 to DEAN—Then we assign you until the next Court
The f ritg in your allegations.
Saturdayrh hearing of the case was then adjourned to
the 24th inst.

4_ !MEN WELL.-(THIS DAY.)
itussell was placed at the bar before Mr. Tyr-
artief ehaviged with stealing a large quantity of linen
tne Property of Mr. Worthing, under the fol-
-I,h a. cirumstances:—
in hire complainant stated, that last night while sitting
Whohl:,;°al he was rather surprised at seeing his servant,
ditio„qa Just returned from the yard, in a faintinghcoene-
Aka "' and upon inquiring the cause, learnt that there
her
ft:111144,1.11111a in the yard. Upon proceeding there
sheet." Man had gone, taking with him a number of
dry other property, which had been hung out to
and
at (Rice went out at the front door, and when
tett to the bottom of the street he met the prisoner
on.
ei ne over the wall with the property:in his posses-
wh,ti asked him what he had got in the bundle,
and the prisoner said, "it was no business of his,"
elto:kan away. He pursued him, and after a smart
ten,. he caught hold of him, when the prisoner com-
des-C3t 4n's moat violent attack upon him, and did not
"-1
i„.enri
. Until he was given into custody.
i„.etta AShfordrt said she was servant to the last
saw it, 'Land was ceain the prisoner was the man she
41° Yard. lie had been hanging about the street
whole of the evening.
eUther evidence having been given proving the above,l
tun prisoner said he should reserve his defence for
other woad.
thk. TYRWHITT having made some remarks on the
'fie' committed the prisoner for trial.