The Sun.
London, England, 1862-08-13 00:00:00

THE SUN, !'f,ONDON, WEDNESDAY EVENING, AUGUST 13, i 862.

on, in opening a way for that servile war, which, if
it shall be permitted to come, will produce infinite
suffering throughout the world, and can only at last
result in an entirely new system of trade and com-
merce between the United States and all foreign
nations.

I need not say that these views are not grounded
on any proceedings or expressions of the British
Government, and are to be submitted to them only
as they will be to other states, from a strong desire
on the part,of the President that the true condi-
tion of the present strife may be everywhere fully
understood.—l am, &c.,
(Signed)

WILLIAM H. SEWARD.

No. 2.
EARL RUSSELL TO MR. STUART.

Foreign Office, July 28, 1862.
Sir,--I have left hitherto unanswered and un-
noticed a dispatch of Mr. Seward's, which Mr.
Adams delivered to me more than a month ago.
I have done so partly because the military events
referred to in it were, in the opinion of her Majes-
ty's Government, far from being decisive, and partly
because there was no proposal in it upon which her
Majesty's Government were called upon to come to
any conclusion.

Events subsequent to the date of Mr. Seward's
letter have shown that her Majesty's Government
in their opinion upon the first of these• points were
mistaken. Victories have been gained, reverses
have followed ; positions have been reached in the
near neighbourhood of the capital of the Confede-
rates, and these positions have been again aban-
doned. These events have been accompanied by
great loss of life in battle and in hospital ; while
such measures as the Confiscation Bill, passed
through both Houses of Congress, and the procla-
mation of General Butler at New Orleans, bear
evidence of the increasing bitterness of the strife.
The approach of a servile war, so much insisted on
by Mr. Se ward in his despatch, only forewarns us
that another element of destruction may be added
to the slaughter, loss of property, and waste of in-
dustry, which already afflict a country so lately
prosperous and tranquil.

Nor on the other point to which I have adverted
have I anything new to say.
From the moment when the intelligence first
reached this country, that nine states and several
millions of inhabitants of the great American Union
had seceded and had made war on the government
of the President, down to the present time, her Ma-
jesty's Government have pursued a friendly, an
open, and a consistent course. They have been
neutral between the two parties to a civil war.
Neither the loss of the raw material of manufacture,
so necessary to a great portion of our people, nor•
the insults constantly heaped upon the British
name in speeches and newspapers, nor the rigour
beyond the usual practice of nations with which
the Queen's subjects attempting to break the loose
blockade of the Southern ports have been treated,
have induced her Majesty's Government to swerve
an inch from an impartial neutrality.
At this moment they have nothing more at heart
than to see that communication of which the Presi-
dent speaks in his answer to the governors of eigh-
teen states—namely, the bringing this unnecessary
and injurious civil war to a speedy and satisfactory
conclusion.

As to the course of opinion in this country, the
President is aware that perfect freedom of comment
upon all public events is in this country the invari-
able practice, sanctioned by law, and approved by
the universal sense of the nation.—l am, &c.,
(Signed) RUSSELL:

sary. As soon as the irkansas appeared in sight
the Carondelet fired on ler, and received her heavy
ordnance in return, several shot and shell passing
through the wooden potion of the national ship,
killing 9 men and wounling 22. For a few minutes
the fight was very brisk but it soon became evident
to Capt. Walke that he was no match for his anta-
gonist, and he concludet, therefore, to board her.
An order was given to tiat effect, and the Caron-
delet ran alongside her iron foe, and a number of
brave fellows leaped aboard ; but, finding there was
no apparent possibility of getting below, or induc-
ing the enemy to come on:, they were compelled to
return to their own vessel A brave and gallant act
was theirs, though in this instance valour did not
obtain its reward. The Arkansas steamed off from
her antagonist, though no; before one of her shot
had burst a steam pipe in the Carondelet, causing
some 40 or 50 of her crew to jump overboard, and,
as a few of them are missing, there is little doubt
they were drowned.
" The heavy firing up the Yazoo w as plainly heard
on the fleet, and it was supposed the Tyler was
shelling the woods; but when, about 6 o'clock, the
reports grew louder and louder, denoting the ap-
proach of the vessels, it was generally surmised the
Union boats must have met an enemy in the river.
Speculation grew rife, and anxiety and curiosity
large, and many wistful eyes were turned up the
Mississippi.
" The eyes were not long strained. Just before 7
o'clock the ram Queen of the West was observed
coming at a high rate of speed around the bend, and
two or three shots struck near her almost as soon as
she came in sight. That the Queen was hotly pur-
sued by an enemy there could be no longer any
reasonable doubt. If there had been, the appearance
of the Tyler in the wake of the ram would have
removed the lingering scepticism. In less than two
minutes more, the formidable foe was perceived
steaming down after her adversaries—the sole sign
of life about her being a thick, heavy column of
smoke proceeding from her solitary chimney. She
soon diminished her speed, and it was generally
supposed she would ascend the Yazoo. No one be-
lieved she would dare to come down to the fleet,
where it seemed certain she must be overpowered
by the vastly superior force. The iron monster did
not stop, however, but continued her course steadily
and slowly toward our vessels, keeping in the
channel, without turning to the right or left, but
firing her guns every few seconds at the nearest
vessels.
" That was a formidable gauntlet to run. Fifteen
war vessels and seven rams. Would she contend
with them alone ? Could she hope to eseape them
all ? Did she dare to rush upon her own destruc-
tion ? From her movements she evidently did.
" There were the Hartford and the Richmond,
with their huge batteries of 26 guns each; the
Oneida, the Iriquois, Wissahickon, Scioto, De Soto,
and Wyoming, of Farragut's fleet; and the iron-
clad Benton, Essex, Cincinnati, Louisville, Sumter,
and General Bragg, of Davis's flotilla, with the
rams Switzerland, Queen of the West, Lancaster,
Mingo, Lioness, Hornet, and Fulton. This formi-
dable array had no terrors for the Arkansas. She
moved on as if they had not been there ; and many
of the officers of the fleet were for a moment lost in
wonderment at the extreme boldness of her most
perilous attempt. As she moved down one of Far-
ragut's gunboats opened fire upon her; then another
and another. Whether they struck her or not I
could not perceive ; but their shot could not
have harmed her. She replied promptly, and the
fire soon grew warm.
" The hot summer morning thrilled with the roar
of battle ; and the shells went hissing through the
air like great serpents, writhing destructively
through space. The few silences were impressive
—almost awful ; and I could hardly turn my eyes
away from the small, strange, fearless craft de-
scending the river, with the black trail abuve and
behind her, and the baleful flash of her
.steadily-
replying guns.
" The Arkansas soon arrived where several of the
rams were lying, and the Lancaster turned to butt
her. Just as the ram had presented her side the
rebels fired two of her guns, and instantly steam in
great volumes was seen to pour out of the Lancas-
ter. The mud-receiver of the ram had exploded.
The casualties have been ascertained to be 11, in
killed, wounded, and missing. The second engineer
is missing, and is supposed to be lost. John
Wylsant, chief engineer, is very badly scalded, and
can hardly survive. One of the firemen and the
second cook, both negroes, are dead. John Dowell,
first cook, dangerously scalded. The other rams
had not s.ffl'icient steam to do any damage, and were
compelled, therefore, to let the enemy go by. A
skiff, crowded to its utmost capacity, put
off from the Lancaster, but before she reached

the shore she sank, but nearly ail her
inmates (some 12 or 15), save two or three,
were picked up by tugs that went to their assist-
ance. The Lancaster was severely injured by the
Arkansas' shots, and seemed to be sinking. She
made signals of distress, and the Switzerland,
Queen of the West, and Champion No. 3, went to
her aid and towed her up the river, down which she
had been for some time helplessly drifting.
" The Richmond and Hartford fired a number of
guns as the dangerous enemy passed ; but strange

to say, gave her no magnificent broadside as I had
expected they would. The Oneida blazed, the
Sumter and General Bragg let off their Dahlgrens,
Farragut's gun-boats threw ponderous shot, the
Cincinnati and Louisville thundered, the Essex and
Benton howled forth their rage in the shape of im-
mense shells at the arch foe. But the arch foehesi-
tated not, reeked not, turned not aside. Onward
and forward the Arkansas moved, as if she were
covered with the armour of invincibility, and be-
yond the power of harm, Again and again her
guns flashed. She paid her respects to all, and the
water and the trees and the shores bore the marks
of the fulling shot. In the distant forest a live
oak was rent as by a thunderbolt, and in the remote
fields the earth was ploughed up by a shell as if a
mine had exploded in the earth.
" The scene was grand and impressive. It was
sad, however, to a loyal spirit to observe the inso-
lent but fearless foe passing the long line of fire un-
scathed, running the dangerous gauntlet without
receiving an apparent wound. After she had
Parsed all the Union vessels she sent back their
shots defiantly, and at last disappeared around the
head of the peninsula, and run under the guns of
the water batteries of Vicksburg, where she had
been anxiously expected, and where she must have
been received with profuse welcome. She merited
such welcome, and even though an enemy, we
award her praise for her brilliant daring in a most
unholy cause.

" None of Davis's or Farragut's vessels bad suffi-
cient steam to enable them to follow the Arkansas.
They had no thought, much less fear, of a hostile
gun-boat, and of course they were surprised and
unprepared for the occasion. How many times
more before the war is ended will we be surprised.
Will we never learn wisdom by severe and painful
experience ?

" Some 20 minutes after the Arkansas had
disappeared, the Benton, Captain W. L. Phelps,
and then the Cincinnati went down, and engaged
the Arkansas and the upper batteries in a most
animated way. The Cincinnati was struck several
times, but unhurt. The Benton went immediately
under the guns of the enemy, and fought them and
the Secession ram for more than half an hour with
great spirit and skill.

" Several shots
passed into Davis's flag ship, and
as they were large and plunging, they injured the
boat materially,
though not so seriously as to pre-
vent her repairs from being made here.
"Three of her crew were injured, W. H. Lewis,
killed; John H. Grey and W. H. Travis mortally
wounded. Lewis was standing with the pipe of a
hot-water hose in his hand, prepared for the enemy
if he should attempt to board, when the shot
entered at the bow
of the ship, and passing along
upper part of the breast, carrying
astwruayckhliisinhieiai the
di
an
and rendering him a horrid and un-
distinguishable corpse.

" One 128-pounder entered the port quarters,
passed through the third master's room into the
cookingi
pnlow. The enemy fired with much precision
apartment, and then into the Commodore's
cabin, finally rolled upon the bed and lay upon
and seemed well acquainted with the most vulnerable
thec

portions of our iron-clad. The fire upon the Benton_
was tremendous, and she gained much honour for
the heroic manner in which she opposed herself to
great odds, almost alone and unassisted:
" The total loss will probably be about 22 in
killed and missing, and 65 or 60 in wounded. No
officers were lost except those I have mentioned on
the Tyler, and it is fortunate so many escaped.
"The Arkansas, which is a ram as well as a gun-
boat, is not more than half as large as one of Davis's
gunboats ; is low and flat, covered with double
railway-iron (T rail); built with slanting sides,
without decks or any openings or apertures save
the ports; carries 12 large guns, three on each side,
two forward and two aft ; has one chimney, and
looks almost, if not quite, invulnerable. She is of
a light brown or reddish brown hue, much like the
banks of the Mississippi, and at a distance could
not well be distinguished therefrom.
" No human being was visible on or about her as
she passed down the river, though her guns were
promptly and accurately fired, and her unseen
sharpshooters directed their pieces at every man
they could see within range. The sharpshooters
were very industrious and energetic, and their balls
were constantly whistling through the air, though
their sharp note was generally swallowed up in the
deep roar or loud shriek of the heavy guns.
" It is something singular that no proper recon-
noissance was ever made up the Yazoo. Everyone
knew the Arkansas had been taken there from
Memphis in an unfinished state, and there were
various reports about her. No one attempted to
learn what was true or false, though Lieutenant-
Ellett urged the importance and necessity of a gun-
boat expedition day after day, and even sent up
the Queen of the West and Switzerland to do the
best they could under the circumstances. The
mouth of the Old River was not even guarded, and
so the Arkansas came like a thief in the night,
albeit Farragut had been officially assured the
Rebel gunboat would leave Liverpool Landing at
midnight on Monday, July 14. This neglect or in-
difference seems almost criminally culpable. We
are paying its cost in a way no one would regard
as cheap—in wounded feeling and mortified pride.
When the flotilla first arrived here there was
nothing to do for awhile, and such leisure should
have been made advantageous by a thorongh com-
prehension of the situation there. What the
Arkansas meant, unless bravado, I do not perceive,
for she had valuable property to protect in the
Yazoo, and was not needed at Vicksburg, where the
batteries are sufficient defence for the city. Per-
haps the formidable rebel had her own purpose.
Perhaps she has a mission to perform. She is
splendidly daring. She may be exceedingly dis-
creet. Therefore we will not criticise her severely;
for she has surprised us once by a brilliant achieve-
ment. She may surprise us again.

" On the.lsth , about noon, Commodore Farragut
and Davis agreed to make a general attack on Vicks-
burg, and, if possible, sink and capture the Arkan-
sas, even under the protection of the enemy's guns.
Doubtless they burned to wipe away the stain of
the morning. That their self-love diminished some-
what after they saw the Arkansas go around the
bend apparently unscathed, there can be little ques-
tion. No marvel they desired to do something to
forget their mortification.
" A little after 6 o'clock the vessels of both fleets
gave signs of moving down the river, and just be-
fore 7 Davis's boats steamed toward the bend, and
opened the evening's entertainment by a vigorous
attack on the upper batteries, which did not reply
for some time. The Hartford, Richmond, Oneida,
and the gunboats of the Gulf squadron soon de-
scended the stream, and swelled the roar of battle
to an impressive volume.

" Davis's vessels engaged the upper batteries,
while Farragoes ships passed below. The rebels
thundered from above the town at the gunboats, and
struck them a number of times, but did no material
injury; while the nether guns cut Faragut's rigging,
but usually shot too high to do harm. Shots aimed
at the passing Union boats often crossed the penin-
sula and alighted in the river, so elevated and harm-
less was the aim of the enemy, who must have been
greatly excited or alarmed, Whatever the cause, he
did not fire with anything like the accuracy or cool-
ness he exhibited in the morning, or at any previ-
ous time since the commencement of the siege.
" The enemy, after 20 minutes' fighting, was
driven from the upper batteries, but it is probable
he has since returned. Whether any of his guns
were dismounted or not is unknown, though it is
reasonable to suppose they might have been, under
such a continuous and heavy fire as was poured upon
them from our gallant gunboats. During the last
hour of the engagement the upper batteries were
entirely silent, the action being confined to Farra-
gut's vessels far below the city.
"The Arkansas lay off the town under the water
batteries of the rebels, but did not fire at all during
the bombardment. Though the Sumter was sent
down purposely to sink her, she did not succeed in
doing so ; but it is said she butted and crippled her
during the action. This noon the Arkansas still
lies, without steam, in her old position, and no one,
apparently, in or about her. She seems to be a
good deal hurt, and it is reported there are several
large holes in her, and that her crew were indus-
triously engaged the greater part of yesterday in
pumping her out I hope her last battle has been
fought, but I greatly fear she will yet give us much
trouble. Until we capture or destroy her we can-
not feel very secure; for she has demonstrated her
ability to set our fleet at defiance. That, however,
was under peculiar circumstances, and we trust and
think it will be different when she meets our ves-
sels under different auspices.

Since writing the above I have received the
names of the following persons who were killed and
wounded on board the gunboat Tyler during her
engagement with the Arkansas :—Oscar T. Davis,
third assistant-engineer, killed ; T. J. Hood, sea-
man, killed ; David Hines, pilot, slightly wounded;
John Sebastian, pilot, seriously wounded ; R. H.
Smith, pilot (of ram Lancaster), slightly wounded;
J. W. Holly, seaman, dangerously; J. T. Milford,
seaman, seriously ; James Hughes, seaman, slightly;
James Morris, seaman; S.Tracey, seaman, slightlyl;
R. Carter, coal-heaver, slightly ; Fred. Crosier, fire-
man, slightly. Of the Fourth Wisconsin Sharp-
shooters, Captain Linn, Company I; F. Burton,
private, Company E ; H, Randall, private, Com-
pany B ; L. Goodridge, private, Company K ; A.
Palmer, private, Company G ; and C. Shafer, pri-
vate, Company D—were all killed. These were
wounded—C. Van Omand, private; Peter Tracy,
private ; W. Kent, private ; Anson Ayers, private ;
J. Doyle, private.
..

" Capt. Henry Walke of the Carondelet, reports
four killed, 16 wounded, and 10 missing ; no officers
hurt. The gunboats were struck 13 times by the
Arkansas, and fired 75 shots during the action.
" The Sidney, C. Jones, one of Commodore
Porter's mortar fl :et, I have forgotten to mention,
was blown up by her own men yesterday, for
fear, as she was hard aground, that she would be
captured by the Arkansas. The 13-inch mortar
and two 32-pounders the Jones carried were spiked,
and are now lying in the mud at the bottom of the
river. The carelessness of the crew had caused the
beaching of the Jones, but her destruction was a
military necessity under the circumstances."

THE CONDEMNED MURDERESS AT LEWES.—
The Secretary of State for the Horne Department having
had under his consideration the whole of the circumstances
of the case of Elizabeth Jane Ilunnisett, who was tried,
convicted, and ser tented to death at Lewes assizes for the
wilful murder OA her infant child, on the sth of April last,
has recommended that the mercy of the Crown should be
extended, and the capital sentence will not, therefore, be
carried into effect. The ultimate punishment of the
wretched woman has not yet been decided on. In the ease
of Flood the matter is still under the consideration of Sir
George Grey.

[ADvEtrusENtEisrr.] —Holloway's Pills.—Momentous
Inquiry.—Surrounded as we are by exciting causes of dis-
ease it becomes our duty to seek some means of expelling
impurities from the body, or rendering them harmless.
Professor Holloway has discovered a medicine capable of
effecting this all-important point, and has generously placed
it within the reach of the poorest. His Pills guard the
constituents of the blood, which, when contaminated or
destroyed, permit fevers, inflammations, and other mala-
dies to run riot through and undermine the system, or
consign their victims to untimely tombs. In realarious dis-
tricts and unhealthy towns, these Pills, after silently prov-
ing themselves the best protectives against levers, &c.,
have within the last few years been adopted by the profes-
sion and public.

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—GUILDFORD, Aug. 12.
(Before Baron Martin and a Special Jury.)
WHITE V. STEELE AND ANOTHER.

This was an action of a novel character, it being
what is called an action of prohibition, the jury
being empanelled by the direction of the Court
above to try a certain question of fact, namely,
whether, at a vestry meeting of the parishioners of
Plumstead, after a particular resolution had been
carried by show of hands, a poll was demanded.
Sergeant Shee and Mr. J. Browne were for the
plaintiff; Mr. Bovill, Q.C., and Mr. F. White were
for the defendants, who are the churchwardens of
Plumstead.
This cause arose out of certain proceedings that
have been the subject of litigation upon several oc-
casions in the superior courts, the real question at
issue being the validity of a rate that was made in
January, 1860, for the purpose of making a new
burial ground, the old churchyard at Plumstead
having been closed by order of the Secretary of
State. the issue the present jury were impanelled
to try was whether, in point of face, a poll had been
demanded or not ; the case, on the part of the de-
fendants, apparently being that although a poll was
undoubtedly demanded this had reference to the
question of adjournment and not to the rate that
was the subject of dispute.
A great number of witnesses were examined, and
at seven o'clock the cause was adjourned.
(Before Baron Bramwell and a Common Jury.)

SCOTT V. WAKEM.

This was an action to recover damages from the
defendant for false imprisonment, to whom he
pleaded that he was a medical man, and that he
was called in to attend the plaintiff in that capa-
city, and that he found that he was suffering from
delirium tremens, and that he was a dangerous
lunatic, and that it was necessary to restrain him,
and also that what was done was with his consent.

Mr. Montague Chambers, Q.C., and Mr. Prentice
were counsel for the plaintiff ; Mr. Sergeant Parry
and Mr. Lloyd appeared for the defendant.
This cause commenced on Monday, and was ad-
journed until this morning, and, as will be gathered
from the form of the action, the case was one of a
very peculiar character. The plaintiff in the action
it appeared had formerly been in the naval service,
but he had become possessed of considerable pro-
perty, and at the time the transaction took place he
was living with his wife in Brook-street, Lambeth.
The defendant is a medical gentleman living is the
same neighbourhood, who holds several public ap-
pointments, one of which was that of surgeon to the
late Queen's Bench Prison, and he also holds the
same appointment to the L division of police. The
transaction that was the subject of inquiry took
place on the 10th of February, and it appeared that
upon this day the plaintiff had been drinking and
was a little excited, and it was alleged by him that
the defendant, who had attended upon the plaintiff
a short time before, but who was not his regular
medical attendant, went to the plaintiff's house, and,
according to the case for the plaintiff, he sent a man
named Street to the house to take charge of him,
and he remained with him all night, and this was
the false imprisonment of which the plaintiff com-
plained, and for which he now sought to obtain
damages. It was admit ted that the plaintiff was in
the habit of drinking freely, but it was said that he
was not violent when he was in a state of intoxica
tion, and, upon the day in question, he was merely
slightly excited from drink, but that he had made
arrangements to go to the Princess's Theatre in the
evening, and that his carriage had been-ordered, and
it was said that if he had been suffered to remain quiet
he would soon have perfectly recovered. The plain-
tiff, himself, his wife, and his sister, and some other
persons were called as witnesses in his behalf,
and they all stated that the plaintiff had never been
guilty of any violence towards them. and that he
had also never exhibited any symptoms of insanity,
although it was admitted that when the plaintiff
had been drinking he used to talk very loud, but
the witnesses said that he only acted in this respect
like other seafaring men, who were usually rather
boisterous. It also appeared that the plaintiff kept
a six-barrel revolver in his bedroom, and that he
had a pair of other pistols, but all the witnesses de-
clared
that he had never made any attempt to use
these weapons, and they also swore that the defen-
dant went to the house of his own accord, and that
he was not sent for to attend upon the plaintiff on
the day in question.
Sergeant Parry, in addressing the jury on behalf
of the defendant, said, that to a man in his posi-
tion, this inquiry was a most serious one, as his pro-
fessional reputation and character depended entirely
upon the result. He said that according to his
instructions there was not the slightest pretence for
this action, and that he should be able to show that
the defendant had acted in the kindest possible
manner to the plaintiff, and that he had only inter-
fered at the urgent request and solicitation of the
plaintiff's wife and the other persons who were
about him, and that there were good grounds for
supposing that he would have been guilty of some
act of desperate violence if he had not been put
under restraint.

Mr. Wakem, the defendant, was then exa
mined, and according to his evidence, it ap-
peared that he first became acquainted with the
plaintiff in December, and that he treated him
for some particular disease, and he continued
under his care until January 22, for that disease.
He constantly saw him afterwards, and he consi-
dered him to be a confirmed drunkard, and he
treated him several times for attacks of delirium
tremens. Upon one occasion it appeared that the
plaintiff rushed into the surgery in a very excited
state, and said that some persons were following
him, and he was determined to do away with them,
and at the same time produced a pair of pistols, and
pointed them at the defendant, who was alarmed at
his conduct, and upon his observing that he did not
believe the pistols were loaded, plaintiff exclaimed,
" Oh, arn't they by - !" and then went to the
door and discharged them. At this time the plain-
tiff was under the delusion that persons were fol-
lowing him about, and it appeared that he had
other delusions. On the day the occurrence took
place it appeared that Mrs. Emmett, a person who
was in the serviceof the plaintiff ran into the de-
fendant's surgery without her bonnet and cap, and
requested him, for God's sake, to go to the plain-
tiff's residence immediately, as the plaintiff had
threatened to murder his wife, and she also said
that he had a revolver. The defendant in conse-
quence of this went to the house, and had some con-
versation with Mrs. Scott, during which she in-
formed him that the plaintiff had threatened to
shoot her with the revolver. The defendant then
went up stairs, and found the plaintiff in a terribly
excited state, and he was held by two men. He
was talking ir.coherently, and did not appear to
hardly know how he went in, and at this time he
was suffering under an attack of delirium tremens.
The defendant was informed that Mr. Scott had re-
turned home on that day from Paris, and that he
was intoxicated; and he represented that at the
time he saw him he was in a most dangerous state,
and was likely to have done some serious mischief
either to himself or the persons who were about
him. It appeared that the men who were then in
charge of the plaintiff could not stop much longer,
and Mrs. Scott and her sister were very much
alarmed at the thought of being left alone with
him, and they requested Mr. Wakem to send
for the police, but he told them that the police
would not interfere unless he gave a certifi-
cate, and he believed that, in the excited state in
which the plaintiff then was, if he were subjected
to any restraint it might cause his death, or render
him permanently insane, and he, therefore, refused
to sign a certificate. It was stated that after this,
and at the earnest solicitation of the plaintiff's wife,
he sent a man named Street, whom he had known
as an invalid attendant, and who was accustomed
to such cases, to take charge of the plaintiff during
the night, and about ten o'clock he went himself to
the plaintiff's house, and found that he.was a good
deal better, and he was willing that Street should
leave, but the plaintiff's wife pressed that he might
be allowed to remain all night, as she was afraid
that, if he were taken away, her husband would
begin drinking again, and that some mischief would
happen, and at her request he remained in the house
all night. On the following morning it appeared
that he was still recovering, although in a tremu-
lous condition, and he did not appear to have any
recollection of what had happened, and he inquired
of the defendant what had been the matter with
him, and he informed him that he had been in a
very excited state, and had threatened to kill his
wife. He also said that he had been requested to
sign a certificate to have him placed under restraint,
but that he had refused to do so, and the defendant
said that upon this the plaintiff shook him by the
hand and said he should never forget his kindness,
and that he should always be his medical attendant,
and requested that he would send in his bill, and
said that he would pay him immediately.
The plaintiff then, it appeared, gave a revolver
to the defendant, and he handed it to the plain-
tiff's wife and told her to take charge of it.
The plaintiff then, it appeared, inquired how much
he should give to Street, the man who had been
in charge of him, and Mr. Wakem told him
half a sovereign, upon which the plaintiff said
he would give him a sovereign, andhe handed
him one, and at the same time told him to call and
see him whenever he went by, and also promised
to take him for a ride in his carriage.
Dr. Constable, the partner of the defendant, was
upon several occasions suffered from
delirium tremens, and to his having treated him for
also examined, and he spoke to the fact of the
vtherayt uishaolardtyp-laiat h
plaintiff's house,
plain-
tiff having
The witness likewise proved that a
time before the 10 of February he
went to the
-
t
and he did not appear

to know him, and when his wife came intothe room
he did not appear to know her, and told him t o turn
that woman out, and the plaintiff himself eventu-
ally did turn her out of the room.
In addition to this evidence a police-seroant,
named Wells, proved that in the afternoon of the
10th of February, the witness Emmett came to the
police-station and begged that a police constable
might be sent to the plaintiff's house, and said that
he was mad, and had threatened to murder his wife.
He told her that he had not got a man whom he
could send with her, but if Dr. Wakem gave a cer-
tificate that the plaintiff was insane he would have
him removed to the workhouse or some other place
of safe custody.
Baron Bramwell, in s'nniming up the evidence,
said he was sorry to be obliged to state that it ap-
peared to him that, from the nature of the evidence
that bad been given on one sieie and on the other in
this case, it was impossible to come to any other
conclusion, than that either the witnesses for the
plaintiff, or those for the defendant, had deposed to
facts which they must have known were not true,
and it was impossible that the contrailictions that
appeared in the testimony could be the result of
mistake. It was alleged on the part of the defen-
dant that he was sent for to the plaintiff's house,
and that when he arrived he found him in such a
state that he felt it necessary for the protection of
himself and those about him that he diould put hira
under restraint. If this was true hew ould be justi-
fied in acting as he did, and was entitled to their
verdict. On the part of the plaintiff, however, it
was positively sworn that the defendant was not
sent for at all, and that the plaintiff was perfectly
quiet when he arrived, and consequently his inter-
ference was quite uncalled for and unjust'fiable ;
and the jury would have to consider whether the
evidence for the plaintiff, or that which had been
adduced for the defendant, was the most entitlod to
credit.
The jury, after a short deliberation, returned
verdict for the plaintiff—damages, one farthing.
Mr. Baron Bramwell disposed of several other
common jury causes, but they were all of an unin-
teresting character.