The Sun.
London, England, 1840-02-08 00:00:00

LAW INTELLIGENCE

COURT OF CHANCERY. Fez 7.
The LORD CHANCELLOR Alt in Lincoln's-ion Hall to-
(lsy,heard and origind causes, of which there were tv.elve
in his Lordship's papers. In many of the enees Counsel
took Foich decrees as they could abide by. on producing an
''efi't4Y•;' ler7iee ; one or two were heard and disposed
of, and tie others were struck out, no party appearing, or
Counsel not icing furnished with an: affidavit of sorviee.
His Lordship rose shortly after eleven (o'clock.
His Loans''' stated, at the rising of the Court, that he
hoped Solicitors would take warning from what had taken
place to-day, and in future understand that it was not safe
to trust to a cause coming on without being served with an
affidavit of service. Doubtless it was the intention of se-
veral of the parties in the cases that bad been struck out,
and perhaps they had been waiting for a considerable time
.or an opportunity of doing so. that the opportunity was
now lost in nonsequence of the neglect of Solicitors in not
furnishing their Counsel with an affidavit of service, and
the result was that an application must be made to the
Court to restore them, thereby inflicting delay and expense
on the parties concerned.

VICE-CHANCELLOR'S COURT, Firs. 7.
Short causes, in opposed petitions, and original causes,
of no general public interest, occupied his Honour the
Vice-Chancellor the whole day.

COURT OF COMMON PLEAS, F':. 7,

EXTRAORDINARY CASE.-THE ABUSES OF
LUNATIC ASYLUMS.
PATIRNOITIR n. FINCM AND OriIERS..

This case, the circumstances of which, when mentioned,
will be fresh in the public mind, though the strong feeling
they excited at the time, though the period at which they
occurred is now, i■ consequence of the long delay in the
trial of the cause, not recent.
The plaintiff is a gentleman of very respectable connec-
tions, but who had the misfortune to have some serious
differences between himself and his family. Thev, it ap-
pears, had endeavoured to get him confined, under the
pretext of insanity, in a lunatic asylum. To effect this,
it was necessary, by the lunatic law, to procure the
certificates of two medical men. Mr. Paternoster was
assaulted one morning at his residence by three or
four persons who endeavoured to seize him. He resisted,
and sent for the police, and upon their appearance the
aggressors withdrew, taking away the manacles they had
brought to secure him. He was advised to go to the
police-office, whither he was followed by the parties, fiorn
whom he sought the protection of the sitting Magistrates
at Marlborough-street (Messrs. Dyer and Conent). Mr.
Finch, the keeper of the Asylum, and Mr. Wing, a solici-
tor, another of the defendants, declared him to be insane.
A Dr. Spurgeon was first sent for, who in the excited state
in which he found Mr. Paternoster, put a series of ques-
tions, which that gentleman considered impertinent aryl
prying., and resented as such, upon which the doctor signed
the certificate, The celebrated Dr. Monroe, being next
applied to, wisely said that Mr. Paternoster was not in a
fit state to be examined as to sanity, and declined inter-
fering. A Mr. Dunn, a neighbour of Mr. Paternoster's
father, then came, and after putting questions so trivial
that they left an impression on the minds of all present
that Mr• Paternoster was the most sane of the two, signed
the certificate. The Magistrates upon the could not in-
terfere. And on going out the plaintiff was seized
upon by half-a•dozen persons, the defendants, and after a
desperate resistance was conveyed to the Lunatic
asylum of Mr. Finch, and therein immured. Mr. Hawes,
the Member of Parliament, knew Mr. Paternoster well,
and on going to see him was convinced of his sanity, and
measures were taken to procure his release, which, how.
ever, by the law, could only be effected by a tedious pro-
cess, attended with great delay. At length it was effected,
and Mr. Paternoster's conduct since his enlargement had
been such as quite to establish his sanity. It will perhaps
be recollected, that at the time of these transactions The
Sun having called the attention of the public to the case,
through the medium of its police report, took great inte-
rest in the affair, and proceeded to appeal to the public
feeling on the subject ; so that Mr. Paternoster had since
been freed from molestation. The action was now brought
to recover compensation for the assault and imprisonment.
Mr. Txssie ite (with whom were Mr. Platt and Mr.
Gurney) appeared for the plaintiff, and made a most able
address to the jury in opening the case, expatiating with
great force on the tortures, not less of body than of mind,
which Mr. Paternoster must have endured, and dwelling
on the awfully insecure state in which life and liberty
must be held if juries did rot, by exemplary verdicts, con.
demn such proceedings as these.
Mr. Hawes sat beneath Mr. Thesiger during the trial,
in which he evidently took deep interest. Mr. Paternos-
ter was also present, and his demeanour was as sane as
any person in Court.
The first witness called was a policeman, named Dud.
ley, C 16, who had been called in to Mr. Paternoster's
residence in the Haymarket on the occasion of the
first assault. Witness had interferred to prevent the
violence attempted on plaintiff, which otherwise he
believed would have ended in murder. The wit-
ness also described the scene at the police-office, in which
he stated Mr. Spargeon's inquiries to have been personal
and irritating, and Mr. Dunn's questions to have been
foolish and trifling. Mr. Wing was very violent through-
out, while Mr. Paternoster's answers and conduct were
altogether rational and reasonable. He stated that
Mr. Paternoster was severely beaten and treated
with great violence by the keepers, indeed by all the people
who had been at the police office against Mr. Paternoster,
but the witness could not specify the parts they respectively
took. His impression was that the whole of the nine de..
fendanta—two Mr. Finches, Mr. Wing, Mr. Dunn, Mr.
Worthington, and the keepers, with a Mr. Scott were
present.
The ATTORNIY-GIMIRAL here said he appeared for Mr,
Pateraoiter, senior.
Mr. Sergeant TALFOURD was for Mr. Wing. Mr.
Eater for the keepers, the Messrs. Finch, Mr. Dunn, and
Mr. Worthington. Mr. HOOGINI for Mr. Scott.
Dudley, cross-examined by the ATTORNM GENERAL—
Had been medically educated—(A laugh)—but still had
frequently see■ persons insane before. Mr. Paternoster
had appeared excited when his father and mother were
mentioned—especially when his money matters were
alluded to—he was excited but not violent. Mr. Dunn
put questions to him about his failing. Thought them
foolish in the manner in which they were put. Mr. Pater-
noster answered generally in a cool and collected manner.
By Mr. ERLD—Mr. Paternoster bad the poker in his
hand during the scuffle at the house in the Haymarket.
Mr. Teesreee objected to this unless he were also al-
lowed to enter into Particulars.
Mr. BALE acceded to the objection.
By Mr. TIIV,IIIRR—The person called Scott was here
in court when I first came into the box. He is not here now.
Mr. Tersteitn—My Lord I shall prove Mr. Scott was
sitting there just now.
Sergeant Rogers, C 5, corroborated the last witness's
evidence.

Inspector Baker gave similar testimony.
Dudley recalled and examined by Mr. Tamara—Point
out now the person called Mr. Scott.
Witness pointed him by Mr. Noggins.
Cross-examined by Mr. HooaiNa—l have some doubt
whether Mr. Scott was in the office. lie was pointed out
to me in the hall.
By Mr. TFINSIGKR—He was the person aiding and as-
sisting in forcing Mr. Paternoster into the coach, in order
to convey him off.
Mrs. Scott, the occupier of the house 47, Haymarket,
was then called, and stated that Mr. Paternoster had re-
sided there six years before he went to the Asylum, and
had resided there since. He was an early riser, and went
to bed at good hours, from nine to eleven. He was very
regular in hi; habits. He paid regularly to the day every
month. He was accurate and careful in his payments,
and frugal and moderate in his expences. Ile appeared
decidedly of sound mind, and capable of managing his own
affair•. I never saw him tipsy but once.—( Mr. Tlllifile&K
—" I wish we could all say the same thing."—Laughter.)
Mr. Hawes, M. P., had known the plaintiff twenty
years, and stated that he was of quite sane mind, and in-
deed displayed acuteness of no ordinary kind, and ac-
quirements of very high order. At the same time there
was something rather eccentric in his appearance ; he was
somewhat careless in his dress.
Mr. Brunel, the engineer, and Mr. Bloomfield, a sur-
geon, gave similar evidence.

Mr. Edward Dubois, Secretary to the Metropolitan
Commissioners of Lunacy, produced the order, signed by
Mr. Paternoster, senior, and the certificates signed by Dr.
Spurgeon and Mr. Dunn, on which plaintiff was sent to
the Messrs. Finch's Asylum, at Kensington. He stated
thet the Commissioners could not discharge a person till
after three separate visits, and it was on the very day after
the last via t that Mr. Paternoster was let out by an order
from his father, anticipating the decision of the Commis-
sioners who had examined Mr. Hawes, Mr. Aglionby,
M. P., M-s. 2 .ett, and others.
Dr. E. J. Seymour (late one of the Commissioners of
Lunacy) stated that he had been one of the three who vi-
sited Mr. Paternoster at the Asylum at Kensington. I
felt his heart and found that he laboured under a palpita-
tion of the heart, denoting derangement of that organ.
Nothing passed on that occasion indicating insanit) ; but
a Commis!,ioner of Lunacy never forms an opinion until
after three visits. I visited him twice afterwards, in the
company of Lord Ashley, Mr. Hallowell, and others. Oil
the last occasion I went with nine Commissioners. The
ex"vnination lasted two hours. He was very nervous and
agitated. We examined him as to alleged acts of violence
committed by hire, and violent letters said to have been
written by him, indeed on almost every subject. Nothing
passed that indicated insanity. His replies were pertinent
and ready.
Crosa-examined by the ATTORNEY- GMLIAL—It is
s:amseestiomf epser
sveryon
persons
idffiiscpullatyti
no
gdhegtreecatt insanity.
acuten
es I I have known .
These persons often haevleuaenslu who have yet
diseased minds. But cases acroengerajoruesnesxssceopftitohnesi.r.
position, while under :nation, to know that it was
often able, for a certain time,
important they should be
greataome longer some shorter,
cool and collected. They are
rationality, but never
to maintain conversation with
in my experience for hours. There
releasingva: a recommenda-
tion, with a suspensive order, for the
!lover. There wus a resolution to release him if Mr.
Paternoster, senior, did not. There was a difference of
opinion among the Commissioners.
Mr. TIRSIGER objected.
The Lean Cuter JUSTICZ said it might be asked
whether the decision was unanimous or not.
The witness having stated that it was not; there was a
division on the resolution, and the numbers were 6 to 4.
Mr. HA LI WI'LL, another of the Commissioners, who had
examined Mr. Paternoster, described his conduct as sane
and rational. Colonel Sykes, Colonel Clitheroe, and
others, ashed him various questions on religious matters,
some of which he declined to answer. Ile as rather ex-
cited, certainly, but quite sane, and had sufficient judg-
ment to manage his affairs. Witness' had examined him
privately on family matters, on which some persons have a
kind of monomania, or delusion ; but his explanations were
very lucid on that point.
Bross-examined by Mr. Sergeant TALFCCID—Are you
able to pledge your oath to the soundness of Mr. Pater- i
noster's mind'
Witness._ Why, that depends on what you understand by ,