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

SCOTT Y. 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 in 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 admitted 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 hed 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 service of the plaintiff ran into the de-
fendant's surgery without her bonnet and cap, and
requested !lira, 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 incoherently, 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 hod 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
Wakem told him
he should give to Street, the man who had been
in charge of him, and M. r.
plaintiff' said
half a sovereign, upon
sovereign, and he
handed
he would give him a told
him one, and at the same time him to call and
partner_ of the defendant, was
the
see him whenever be went. by, and
to take him for a ride in his carriage,
also promised
he spoke to the fact of the nndthseeveral occasions suffered from
alsoD re.xCa omnisnteaudbp,l eoa
tremens, and to his having treated him for
plain-
tiff having
he witness rk •
short time before the 10th of February he
likewise proved that a
dthealitrimumaiady.
very
went to the plaintiff's house, and be did not appear ,

to know him, and when his wife came into the room
he did not appear to know her, and told him to turn
that woman out, and the plaintiff himself eventu-
ally did turn her out of the room.
In addition to this evidence apolice-sergeant,
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 plaintiffs house, and said that
he was mad, and had threatened to murder his wife.
lie.toid her that he had not got a man whom he
could send with her, but if Dr. Waketn 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 summing 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 had been given on one side 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 contradictions 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 should put him
under restraint. If this was true he would 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 unjustifiable ;
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 entitled to
credit.

The jury, after a short deliberation, returned a
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.