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

Mr. Justice Crompton was formally sworn in as one
of the judgei Of the court.
QUEEN V. GREAT WESTERN RAILWAY.
Mr. FITZRERBERT applied to the Court for a rule,

calling upon the Great Western Railway Company to
show cause why a writ of mandamus should not issue,
euramar.ding them to purchase land and to make the
line of railway from Froom to Weymouth, which the
Legislature 6auctiuned some years ago. The compulsory
powers for the purchase of the land had expired, with the
' exception of some tatty acres, and as the powers relating
to these fifty acres would expire in a tow months, some
of the landowners of 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 7,700,0001.
had been expended upon it. The line had been staked
ont, and for some time the entire district through which
• it passed had been in a state of great uncertainty owing
its non•completion.—Application granted.

BAIL CO URT.—(T HIS DAY.)
Mr. Justice Coleridge sat in banco for a few minutes
this morning, and heard stver4l motions relating to
Points of practice, which presented no feature of public
interest to justify a report.

EXCHEQUER.—(THIS DAY.)
This 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
the last silting% 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
licensed keeper of a lunatic asylum at Kensington,
and it charged him 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 Msy, 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 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 recived 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
• them that Dr. Phelp was justified in submitting him to
solitary confinement if he honestly and bona
fide followed the directions given by the
Wife in those letters. He submitted that
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
lunatic asylum would, on the request of a wife, grand-
mother, or uncle of a patient, be justified in using an
amount of restraint and coercion which in point of law
Was wholly unwarranted.
The Loan CHIEF BARON said he told the jury most
distinctly that if the wife gave directions which Dr.
Phelp thought wrong he ought not to have followed
tnem, but that he was justified in carrying them out if
he
considered they coincided with the medical treatment
which was necessary under the circumstances.
Mr. Baron PARSE inquired fur the letters of the
Wife.

Mr. E. JAMES said the letters were in possession of
,L
e other side, and Mr. Bovill, who appeared for the
"leudant, was unfortunately absent io consequence of
severe illness.
After some farther discussion,
The COURT requested Mr. James to mention the case
4g4iu when the Court was furnished with the letters in
question.

COMMON PLEAS.-(THIS DAY.)
The Judges in this court were the Lord Chief Jus-
ee Jervi4, Mr. Justice Cresswell, Mr. Justice Williams,
IVO
• „; lir. Justice Talfourd.
-the business in the court during the morning pro-
: 'tinted no feature of general interest.

ARCHES COURT.-( THIS DAY.)
BISHOP OF LONDON AND THE REV. J. E. GLADSTONE.
The Easter Term of the Arches Court commencedt „,
morning. The Rev. J. E. Gladstone was in court
"tuen Mr. John Dobson, the Dean of the Arches, took
Ls Beat.
The DEAN (addressing Mr. Gladstone)—Mr. Glad-
tone, the Proctor, for Mr. Hodgson (the Bishop's se-
pZetarY) prays publication. Do you intend to assign
Y allegations? Mr. Gladstone—l do.
sd The DEAN—Then we assign you until the next Court
aY to bring in your allegations.
The further hearing of the case was then adjourned to
kAturday the 24th inst.

LERKEN WELL.—(THIS DAY.)
James Russell was placed at the bar before Mr. Tyr-
.etes, thett
charged with stealing a large quantity of linen
!m
property of Mr. Worthing, under the fol-
"leg circumstances:—
; complainant stated, that last night while sitting
`ll,nis room he was rather surprised at seeing his servant,
who had just returned from the yard, in a fainting con-
:in, and upon inquiring the cause, learnt that there
found a man in the yard. Upon proceeding there he
the man had gone, taking with him a number of
Sheets and other property, which had been hung out to
Isry. He at once went out at the front door, and when
'n got to the bottom of the street he met the prisoner
getting over the wall with the property:in his posses-
on, He asked him what he bad got in the bundle,
when the prisoner said, "it was no business of his,"
and ran away. He pursued him, and after a smart
chase he caught hold of him, when the prisoner com-
r,nenced a most violent attack upon him, and did not
aesist until ho was given into custody.
Henrietta Ashford said she was servant to the last
Witness, and was certain the prisoner was the man she
saw in the yard. He had been hanging about the street
the whole of the evening.
Other evidence having been given proving the above,
the prisoner said he should reserve his defence for
another occasion.
Mr. TYRWBITT having made some remarks on the
charge, committed the prisoner for trial.
N

EINTIVIARKET RACES.
(THIS DAY.)