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

Mr. Justice Crompton was fokmally sworn in as one
of the judge; of the court.

QUEEN V. GREAT WESTERN RAILWAY.
Mr. FITZHERBERT applied to the Court fora rule,
calling., upon the Great Western Railway Cow pany to
show cause why a writ of mandamus should not issue,
commanding them to purchase land and to make the
line of railway from Froom to Wyymouth, which the
Leghlature sanctioned some years ago. The compulsory
,powers for the purchase of the land ha.dAxpired, with the
exception of some fifty acres, and as the Rowers relating
to these fifty acres would expire in a few months, some
of .the ranaowiers or the district were anxious to have
the line completed. The length of line required to be
made was nearly fifty miles, and no less than 7,70000/.
had been expended upon it. The line had been staked
out, and for some time the entire district through which
it passed had been in a state of great uucertaiuty owing
to its non-completion.—Applicalion granted.

BAIL COURT.-(THIS DAY.)
Mr. Justice Coleridge sat in banco for a few minutes
this morning, and heard several motions relating to
points of practice, which presented no feature of public
interest to justify a report.

EXCHEQUER.—(THIS DAY.)
Thia being the first day of Easter Term, the Judges
took their seats on the bench shortly after ten o'clock.
Mr. J. WILDE 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.

This action was tried before the Lord Chief Baron, at
1 - the last sittings after term in Middlesex, when a verdict
was found for the defendant.
Mr. E. JAMES 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
1 licensed keeper of a lunatic asylum at Kensington,
. and it charged bim 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 et 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
,„; e 011 this point the jury returned a negative. At the trial
medical evidence was adduced to show that the plaintiff
had no 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 cured and sane. The first
ground on which he moved was that the Lord Chief
Baron received in evidence certain letters from the
Plaintiff's wife which she sent to Dr. Phelp, requesting
him to place her husband under more coercive treatment;
and the second, that in his direction to the jury he told
$ sr them that Dr. Phelp was justified in submitting him to
Ville solitary confinement if he honestly and bona
.fide followed the directions given by the
the
in those letters. He submitted that
4:1 the consequences would be perfectly frightful if
the dictum of the Chief Baron was held to be well
founded, because according to it the proprietor of a
kna:ic asylum would, on the request of a wife, grand-
niother, or uncle of a patient, be justified in using an
amount of restraint and coercion which in point of law
Ives wholly unwarranted.
The LORD CHIEF BARON said he told the jury most
distinctly that if the wife gave directions which Dr.
Whelp thought wrong he ought not to have followed
Iniro, but that he was justified in carrying them out if
. lie considered they coincided with the medical treatment
Which.was necessary under the circumstances.
Mr. Baron PARKE inquired for the letters of the
.7.4„: • Wife.

Mr. E. JAMES said the letters were in possession of
4 - the other side, and Mr. Bovill, who appeared for the
derendant, was unfortunately absent in consequence of
- • lidvere illness.
'After some further discussion,
The COURT requested Mr. James to mention the case
again when the Court was furnished with the letters in
question.

COMMON PLEAS.—(THI.S DAY.)
is be Judges in this court were the Lord Chief Jus-
' 100 Jervis, Mr. Justice Cresewell, Mr. Justice Williams,
Mr. Justice Talfourd.
The business in the court during the morning pre-
se
bted no feature of general interest.

ARCHES COURT.—(THIS DAY.)
taz BISHOP OF LONDON AND THE REV. J. E. GLADSTONE.
Yhe Easter Term of the Arches Cour: commenced
7,18 morning. The Rev. J. E. Gladstone was in court
bMr. John Dobson, the Dean of the Arches, took
18,8 eat.
• tt 431 e DEAN (addressing Mr. Gladstone)—Mr. Glad-
er°lle, the Proctor, for Mr. Hodgson (the Bishop's se-
inetuY) prays publication. Do your intend to assign
Y allegations? Mr. Gladstone—l do.
deTha DEAN—Then we assign you until the next Court
to bring in your allegations.
8 ihe furthe 24tther hearing.
of the case was then adjourned to
aturdsy h inst
CLE-

, -RKEN WELL.—(THIS DAY.)
vii"."lnes Russell was placed at the bar before Mr. Tyr-
itt, charged with stealing a large quantity of linen
ricles, the property of Mr. Worthing, under the fol-
"jog circumstances:—
i„ The complainant stated, that last night while sitting
`...4,°1is room he was rather surprised at seeing his servant,
tivint.o had just returned from the yard, in a fainting con-
," ten, and upon inquiring the cause, learnt that there
as a man in the yard. Upon proceeding there he
found the man had gone, taking with him a number of
lineets and other property, which had been hung out to
dry, lie at once went out at the front door, and when
he Rot to the bottom of the street he met the prisoner
Retting over the wall with the property:in his posses-
s
sio.
, lie asked him what he had got in the bundle,
Ashes the prisoner said, "it was no business of his,"
e 4 ran away. He pursued him, and after a smart
rn aso he caught hold of him, when the prisoner corn-
doast nec'd a most violent attack upon him, and did not
until he was given into curody.
pnenrietta Ashford said she was servant to the last
ess, and was certain the prisoner was the man she
tr in the yard. He had been hanging about the street
" Whole of the evening.
the Other evidence having been given proving the above,
prisoner said ho should reserve his defence for
another occasion.
Mr. TYRwISITT baying made some remarks on the
charge, committed the prisoner for trial.

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(THIS DAY.)

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