The Sun.
London, England, 1849-08-04 00:00:00

LAW INTELLIGENCE.
COURT OF CHANCERY, August 3.

(Before the LORD CHANCELLOR, at his private residence.)

IN RE EDWARD VICARS, AN ALLEGED LUNATIC.
- _

This was a petition of Hannah Vicars, of Liverpool,
Spinster, a sister and one of the next kin of Mr. Edward
Vicars (the alleged lunatic), setting forth that the said
Ldward Vicars, of Liverpool, wine and spirit merchant,
now is, and for some time past has been, so far deprived
of his reason and understanding that he is rendered al-
together unfit and unable to govern himself, or manage
ltis affairs; and praying that a Commission in the nature
of a writ Lunatic° lnquirendo might issue to inquire of
tb.e alleged lunacy of the said Edward Vicars.
Mr. Rolt, 40., and Mr. Renshaw appeared on behalf
of the petitioner; and Mr. Matins, Q.C., and Mr. Jolliffe
represented the alleged lunatic.
Mr. Edward Vicars, the alleged lunatic, is 46 years of
age, and the son of a small farmer and cloth manufac-
Laren. in Eskdale, near Whitehaven, who recently died at
the advanced age of 80 and upwards. The alleged
lunatic served an apprenticeship to a spirit dealer at
Broughton-on-Furness, in the county of Lancaster; arid
eventually, in the month of January, 1835, went into
partnership with his brother, Mr. Matthew Vicars,
and Mr. Sohn Newby Moore, as soda• water manu-
facturers, distillers, and wine-merchants, at Liver-
pool. this partnership continued until 1845, dur-
ing the whole of which time Mr. Edward Vicars
anted as traveller for the firm. In 1844, from the ex-
cit: tag, lire he had been leading for some years, which
cow gelled him to live somewhat freely, his health gave
way; he was seized with delirium tremens, and having
also had some domestic differences with his wife, he
'withdrew from the active part he had taken in the busi-
ness of the firm, and retired into the country, at a place
called Hulken Ground, near Broughton-on-Furness, a:few
miles from his father's house, where, in the latter end of
1846, he had another attack of delirium tremens, from
which, however, he shortly recovered. In February, 1847,
he had again a still more severe attack,Jwhich was of longer
duration, and as he was then much excited and suffered
under certain delusions, he was, under the advice of a Mr.
Atkinson, his medical attendant, removed to the Walton
Lodge Lunatic Asylum, near Liverpool, whence he con-
trived to escape on the 19th of March last, and has con-
tinued at large ever since.
Mr. ROLT, in support of the petition, read the affi-
davit of Mr. Joseph Churton, a surgeon of Liverpool,
who deposed that he had known the alleged lunatic for
fifteen years, and had been his medical attendant. On
the 25th of February, 1847 he, at the request of Mr.
Matthew Vicars, his brother and partner, visited Mr.
Edward Vicars, for the purpose of inquiring into the
state of his mind, and found him labouring under strong
mental delusions, amongst others, that he (the alleged
lunatic) had no stomach or intestines. Mr. Churton
then certified that he was of unsound mind, and upon
that certificate he was taken and incarcerated in the
Walton Lodge Lunatic Asylum, conducted by Dr. Lich-
field. On the 17th of January last Mr. Churton was
again called in to visit the alleged lunatic, and found him
labouring under mental delusions, the most conspicuous
of which was, that electricity was a powerful agent in the
production of insanity, that such agency was exercised
upon himself by the magistrates and other design-
ing people without the asylum, aided by those
witht a, for the purpose of keeping him in a
state of lunacy, so as to justify his deten-
tion in the asylum. A great number of affidavits
to the same effect were read by Mr. Rolt, from which
he contended that, in February, 1847, when he was
taken to the lunatic asylum, the alleged lunatic was not
of souiid mind.
Mr. Mausts said he shonlfi not dispute that.
Mr. Rota s lid, undoubtedly the deinsions, such as
they were, of the alleged lunatic, had been very much
modified by the treatment of Dr. Lichfield, but
still they continued to some extent, and to such ex-
tent that his partners could not deal with him in
reference to the affairs of the partnership, or to
its dissolution, and that he could not be entrusted
with the management of his own fortune, now very
considerable, arising out of the prosperous state of the
firm of which he was a member. The partners of the
alleged luaa'ic hid offert-d that if he could produce cer-
tificates of his sanity by two eminent physicians, be-
tween whom there was no concert, they would at once
treat with him with a view to dissolve partnership,
and divide with him the capital and profit of the concern.

Mr. linssriaw followed on the same side. He eon-
tenied that the affidavits showed a very strong animus
on the part of the alleged lunatic towards lunatic asy-
lum;, and that it was impossible to say what that delu-
sion might drive him to do. The assassin, M•Naughten,
believing that the Government of the country had per-
secuted him in some way, was driven to take away
the life of Mr. Drummond, whom he mistook for the
Prime Minister. It was idle to say that the alleged
lunatic, Mr. Edward Vicars, was now a perfectly
mild and sane man. M•Naghten was remarkably
mild at home, in the bosom of his family, who had no
idea that he laboured under any delusion, and see the
awful catastrophe which resulted from his going at
large. The business in which Mr. Vicars, the alleged
ltinalic, was a partnt r, begin in 1835, when each of the
three partners subscribed a capital of 1,0001. That
business had beea eminently prosperous, and was now
worth 16,0001. Oaght a man, subject to a delusion such
as had been described, to have the entire control of
his property? He submitted that under all the circum-
stances the case was one which called for inquiry by a
ury
J .
The affidavit of Dr. Southey was read, who deposed
that he had vi,ited the alleged lunatic so recently as in
July last, and that on all ordinary subjects he was sane
and capable of managing his own affairs; but re-
specting electricity, and its powers of being applied
in such a Ma Auer as to enable the keepers of
madhousea to render their patients insane and to
keep them in that state, he laboured under a
delusion. The affidavit of Dr. Southey concluded
in these words—" Now, although I am convinced that in
his preent state of mind it would be an act of cruelty to
place Mr. Edward Vicars in any asylum, or, indeed, to
interfere with his free agency, yet I an sorry to say that
I would not assert my belief that he is of perfectly sound
mind, in consequence of the above stated delusion re-
specting electricity."

The LORD CHANCELLOR said it would seem from Dr.
Southey that a person may be of unsound mind, but yet
capable of managing his own affairs.
Mr. %lahms slid he appeared for Mr. Edward Vicars,
the alleged lu,atie. In the early part of 1847 Mr.
Vicars was undoubtedly of unsound mind. That was
the result of excessive drinking, induced by his habits of
life, he being the travelling partner of his firm—that of
wine and spirit merchants, and compelled to drink with
their custom' rs. Though, in the first instance, he was
perhaps properly enough confined in a lunatic asylum,
yet his delusion speedily assumed so modified and harm-
less a form under the treatment he received there, that
it amounted to a grievous and intolerable cruelty and
wrong to keep him incarcerated there fur a period of
two }ears. In that place he was never visited by his
friends or partners; they, on the contrary, stood care-
fully and coldly aloof, and never took any steps to
ascertain wh it:modifications his malady had undergone,
or to procure his release from a place which ho
loathed and abhorred, and so to restore him to the bosom
of his family and the world. This treatment, added to
his own consciousness that he was perfectly able to ma-
nage his own affairs, so excited and irritated his feelings
as to induoe a degree of violence, in which his original
delusion was to some extent merged and forgotten. It
was under those feelings that he had effected his escape
from the asylum in March last; and no sooner had he
recovered his liberty than his delusion and vio-
lence left him, and his whole deportment assumed
that mildness and intelligence by which he was
characterized aforetime. The Learned Counsel read
a voluminous mass of affidavits to prove the alleged
lunatic's sanity since his release, into which our limits
will not allow us to enter.
The LORD CHANCELLOR said, independently of the
question, whether the alleged lunatic was of unsound
mind or not, there was the position in which he stood
with regard to his property.
Mr. MALms said he understood the issue which the
other side raised was that there should be two indifferent
medical men to report on the state of his mind.
The LORD CUANCELLOR was much disposed to nomi-
nate two indifferent medical men, but he did not bind
the parties to it. It seemed to him that it would be
much better for the alleged lunatic if the partnership
were put an end to. The delusions of the party had
certainly bean very much reduced. He (the
Lord Chancellor) had seen proof of a very
great improvement ; that was borne out by all
the medical men, except one. The weight, however, of
the medical testimony was, as to the degree of
recovery, but as to there not being an entire re-
covery, the evidence was very conclusive. Under
all the circumstances, his Lordship directed a com-
mission to issue, and within a week, it the parties
could prepare thPrnselves. His Lordship also directed
that the sum of 2001. was to be advanced out of the
partnership estate to Mr. Bolden, the alleged lunatic's
solicitor, to enable him to prepare and conduct his case
on the forthcoming inquiry, Mr. Bolden undertaking to
account for that sum in such way as the Lord Chancellor
shall direct.

VICE-CHANCELLOR'S COURT, Aug. 3.
BROGDEN V. TUE SOUTH EASTERN RAILWAY COMPANY

(THE NORTH KENT LINE).
This case was again mentioned, and his HoNotut made
an order to this effect—viz: ‘‘ The company, submitting
to such order as she Court might make as to giving up
the line, and the payment to the plaintiff of money due
and to become due under their contract, and the order
of the 16th of July, and to such accounts and inquiries
las might be directed, the Court ordered the company to
pay to Mr, Rrogden, within a fortnight, the balances of
all that was due, as certified by the company's engineers
in respect of the work done under the contract; and the
engineers were ordered to certify within a month what
was due to the plAintiff up to the 21st ult., and to pay
,the amount within a fortnight. The Master was direct, d
was
to inquire whether the railway complete so as to be
fit for the public use by twelve o'clock on Si.turls3 the
21st, and if not, what remained to be done to make it so
fit, and to state any reasons for its non completion. As
to the 5,0001. expe lition money it raust be paid into
eourt to abide the result of the inquiries."

INSOLVENT DEBTORS' COURT, Au. 3.
(Before Mr. Commissioner HARRIS.) -
IN RE MATTHEW F. PEARSON.
This insolvent, formerly the proprietor of the Satirist
newspaper, was opposed by Mr. Cooke, on behalf of the
Duke of Brunswick; Mr. Birnie supported.
A clerk to the opposing creditor's solicitor prcducA
the record of an action for libel instituted by the Duke
of Brunswick ag hist the insolvent, in which he re-
covered a verdict 'or 1,5001. The costs were tax( d at
21014 no part of which, or the damages, had been paid.
In reply to Mr. Coo z, the insolvent state that he had
now no interest in tthe Satirist, haying disposed of it in
1846 to Mr. Carroll.