The Sun.
London, England, 1813-05-06 00:00:00

-KING'S BENCH.

The usual returns as to the state of the convicts
on bo4il the different hulks at Portsmouth, Ply-
mouth, Woolwich,. Langston Harbodr, &c. were
rend, from which it aprared that they were, in
general, ol•derly and healthy, since the date of the
last returns.
HABEAS CORPUS-INSANE PERSON. •

• • .„.
31r. P:taK moved for Writ of Habeas Corpus,
for. bringing before one of their Lordships at
Chambers, the body of a Rev. Gentivinnu who
Was in alt insalie state, and who bad egcaped out
of 'the. custody of Mi. Warburton, . -Who . keeps .a
honse at Hoxfon, for the reception of insane
person's; where he had been placed several years
at,J by his family. 'The affidavit of Mr. Warbur-
to! stated", that
,the Rev. Gentlemen alluded to,
whose name Mr. Park, from delieticy, forbore
mentioning, had been entrusted to his care by his
relatives;. so long ago its *January 1805; Sonie
time since, in the,helief that
.the Unfortunate Gen-
tleman was in a convalescent state, Mr. 'Warbur-
ton allowed film to return home, Sciitling with him
one-orhis keepers to attend on him ; but, within
a fortnight, his conduct becanic. so outrageous,
that his fainilir were under the necessity of re-
tpiesting that be might be taken back.to Mr. War-
burion'g house. Oa the 7th of April last, Mr.
Warburton- sent this Gentlemi,n, with one of .his
.keepers, to Mr.. Ware's, the oculist, for advice
;to an inflamination in his eyes ; on which occa-
sion, be prevailed on the keeper to accompany
hini to thelionse of Mr. Chtirles Harrison, an at-
tornerof COurt, residing et .Lambeth, and having
got thither, he positively refused to quit it, or to
return back to 11.11- Warburton's. . _

Lord Et.t.ro'inoßotiott said; an application for
a Habeas, in this ease,, had been made to him at
Chambers, and his reason for not granting it,
he now recollected, was, that it was not stated
il_tho—affidavit of the wife; on whose part the.
application
.was made, that 'she believed that her
husband still was and continued in a state of. in-
sanity ; -not only so, but it did not 'even state that
site had no reason to think otherwise.
Mr. Pin& said, Mr. 'Warburton, in his affidavit,
swore that he ivas satified, front the period of the
Gentiennaii coming Into his house, that he was a
dangerons• ltinatie, and that he continued so. till
thi April, when he left his house. He had
alsikthe affidavit of Dr. Stone, one, of the Com-
missioners appointed along with Sir" LucaS Pepys,
:lid others, to visit houses of the description kept
by kir ittrarburton, who stated that be had exa-
mined the unfortitnate Gentleman in question,
whom lie esteemed a dangerous lunatic,: and re-
quiring ,coufinernent he also stated,' that he
considered him a dangerouS and permanent lunatic.
Lord li'o.J..E.Nuottouon said, there was no,.
evidence, that the Gentleman remained a lunatic
at this :moment. It was strange that there shoti d
have been such Dui omission in the affitiiiiU;
Jile parties did not berev: littt he Was 11ON'V 'sane,
anti had recovered:his yeoott. Hire there waS'a
chasn't,left front the 7th April to this date.. It
was not required of o.le party making, the'affi-
davit, and Who might not have- had ateessgto
visit him, to swear that Lie was still insane, but
only • that he or she believed that -he was still
insane.
Mr.'Justice LE BLANC said, a rule to spew"
cause was the common mode, of proceeding in a
case of thi, kind.

Mr.'PARK, Said, that would be. attcndcci ‘vith
&lay; which might be dangerous.
Mr. justice L BLANC observed, this
,was; not
an application for taking a person out of a ens-.
way in which be was, against ,his will, but for
taking bins out cat a custody which he him Self had,
chosen, for the sake of restoring; him into a euts,
tosls, in which he had been against his will.
Mr. Pmix said, he ShoUld have an additional
affidavit, and should make his motion again to-
morrow.

Lord ELL,ENBOUOUGU desired that it might be
such an affidavit as .should exclude the idea of the
Gentltuan's being Sow in a salie state. The mo-
Cols should be for a rule Lo shew cause, and the
service of the rule should be (in' Mr. Harrison,
with whom the supposed lunatic was stated to
have taken shelter.