The Sun.
London, England, 1849-01-09 00:00:00

EXTRAORDINARY CASE.

On Saturday Mr. Shaw, the inspector of the P division
of police, made a communition to the magistrates of the
Croydon district, in reference to a case which has been
under consideration by them for several weeks, and the
circumstances connected with which are of a very sin-
gular character.
It appears that more than a month back an application
was made to the magistrates for a warrant to apprehend
Mr. Thomas Powell, a gentleman who had been residing
at Burgh House, near Croydon, upon the charge of ob-
taining motley by means of false cheques, and one was
accordingly placed in the hands pf Shaw. He was,
however, unable, to meet with the defendant, but after
the warrant had been granted a short time Mr. Powell
sent notice that he would attend at the police-station
on a certain day and be ready to answer any charge
that might be preferred against him. He accordingly
attended, and, after a preliminary inquiry, tho matter
was adjourned until the following Saturday, bail
being taken for the appearance of the defendant,
at the next bench day. When the period arrived for
the second examination, Mr, Powell did not appear, but
Mr. Watts, of Old Broad-street, his solicitor, attended
on his behalf, and put in a certificate signed by 1)r.
Southwood Smith, testifying that the defendant was in a
dangerous state of illness—in fact that he was insane and
utterly unfit to appear and undergo an examination, and
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ascertained that there were several other cases in which
the party accused had obtained money by means of
forged cheques, and from the information obtained by
the police, there also appeared very good reason for be-
lieving, that, although the defendant was no doubt very
ill, and that his brain was to some extent affected, yet
that this state had been produced by artificial means—
by the excessive use of opium and . resorting to
the expedient of igniting charcoal in his bedroom, the
object being to produce a temporary state of deli-
rium, in the expectation by that means to evade
justice. Whets the day appointed for the second exa-
mination arrived, the defendant again failed to surren-
der, but his solicitor appeared for him, and Mr. Howard,
of Norfolk-street, was also present as the profes-
sional adviser of the gentlemen who had become sureties
for the accused party. Upon this occasion, to the sur-
prise of the bench, it was stated by Mr. Watts, that the
defendant was in a lunatic asylum, raving mad, and the
certificate of the keeper of Miles's Lunatic Asylum at
Hoxton was produced, which stated that Mr. Powell had
been admitted to the establishment upon a certificate of
his lunacy, signed by Dr. S. Smith and Dr. Montagu
Gossett. Mr. Adams, the chairman of the bench, ex-
pressed the surprise of the magistrate at this course of
proceeding, and at the same time their determination
not to allow the ends of justice to be defeated. The
defendant's solicitor assured the bench that he was no
party to such a proceeding, and said that by whatever
means the madness of the defendant was occasioned, there
could be no doubt of his being in that state, and that he
was consequently quite unfit to undergo an examination
or to be called upon to give any answer to the charge.
Mr. Howard then made an application to the bench to
discharge the recognizances of Dr. Ryan and Mr.
Machell, the gentlemen who had become sureties for the
defendant surrendering himself. He said they were
quite willing to perform the condition they had imposed
upon themselves, and as they were prevented from doing
so by the act of God, he submitted to the bench that
they were, under such circumstances, entitled to be re-
lieved from further responsibility. Mr. Sutherland, one
of the magistrates, in answer to the application, said
that the bench were not at all satisfied that the condi-
tion of the defendant was occasioned by the act of God;
but, ou the contrary, from the information they had re-
ceived, they had good reason to believe tbat the defen-
dant, by the use of opium and other means, had reduced
himself to his present condition, in the expectation that
be would be enabled by this proceeding to evade justice.
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red of producing the defendant. After
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u'r the case, the illness would probably only
be temporary, a
some further discussion the magistrates enlarged the
recognizances of the bail, and the matter was ordered
to stand over, directions being given to the police to
make the necessary inquiries for the satisfaction of the
bench. The inspector now reported that he had been
to the asylum where the accused gentleman was con-
fined, and had been admitted to see h'm, and he was
evidently at present in a state of insanity ; but he said
he had received an assurance that the moment his condi-
tion
improved so as to enable him to undergo an exa-
mination he should be brought before the bench, and he
had also taken other measures to insure this result, and
prevent a failure of justice.
Thus the matter stands at present, the case having,
from the singular nature of the proceediegs connectee
with it, and the position in life of the defendant, created
a good deal of interest.