The Sun.
London, England, 1824-07-24 00:00:00

LAW INTELLIGENCE.

VICE-CHANCELLOR'S COURT, JULY 1.3.
Beare Lord Orr:roan.
STEUART V. THE MAR4iII3 OF HERTFORD,
This was a Petition for taking out of Court, for the benefit
of the plaintiff, the accumulated surplus of rents aa4 profits of
certain estates appropriated to discharge certain circumstances
under the settlement of':the father and niother of the plaintiff;
and the Marquis of Elite: It appefircd.that one mortgage debt -
of 5,5001. was still unpaid, in consequence sf the mortgagee,
refusing a settlement. The Court made an order to take 0,009/.
consols out of the surplus in Court, amounting to 59,0001. c,:en..
sols, leaving 9,0001. to satisfy the mortgage. •

COURT OF COMMON PLEAS, JUL Yl3.
Sittings at Nisi Fritts, at Guildhall, befre tke Lott:, Cater
JUSTICE Grid a Sp. Ciat JILIN
. „
FALSE IMPRISONMENT AND IMPUTED AIADNE,SB.
FLETCItEtt v. rf:S":7l2l(Elt AND It/4[411T.
- There being only two Specialaiarors inlattetdance; a eeles-
was prayed.
Mr. Seejeans Taienv awed the cicumstances. :Tne,two
r, . principal parties in this cause were of the same mane, and,. he
was sorry to say, brothers. They weteeengagod in &a:Tot
Pursuits. The plaintiff, Mr. Robert Fletcher. came Nal *A-
land about five years ago, and kept in. esteblishinenafor the
education of 40 pupils. The defendant, 'the Rev. Alexatider
Fletcher, is a Minister of a Scotch congregation meeting, at
Albion Chapel, Moorfielde, and he (the Learned Seajeient) be-
limed a favourite preacher. It was his'(the Learned Serjeant's)
duty to state the facts shortly in detail. An uncle of these two
cgeer.ntatlienmpe:paer;r,. thlfillan, who lived in Scotland; died some
eilneVo. and left the plaintiff and the defendant an interest in
The defendant heel admitted eller there wsitt. Money, for evh ch he would have accounted to the but
for certain reasons, which the Jury would hear this day. The
. plaintiff had wished to refer their differences ; but the defendant
bad refused to account in any way to his brother untithe
tnrned to the Lord !" When the Learned Serjeant cited -that
expression he did not mean to cast ridicule upon the defendant,
or to charge him with hypocrisy , but he used It to :Maw that
at that time he considered. his brother in a sane state, and not in
that state in which the defendant .thought proper to act upon
afterwards. Proposals were maple by the plaintiff to his brother
to no purpoie, and he endeavoured at last to obtain an interview
with him. On the 20th of July, 1823, being Sunday, not having
then seen his brother for two years, Mr.. Robert Fleteliel went: to
the Chapel in Moo:l:icicle, in the evening, just at the Close of the
service, and when the congregation was dispersing. He en.
deavouted to go into the vestry, but he met with resistance,
and did not effect his purpose of seeing his brother. It Lad
been suggested that the plaintiff was violent arid intoxicated;
the Jury would say whether these suggestions would be borne
out in evidence. But look at what took place afterwards.
Two constables were called in by the defendant, who desired
them to take the plaintiflto the watch-houee. The other de.
fendant, Knight, insisted that the plaintiff' should be sent to
the private mad-house of Mr. Fox at Cambridge Heath,
Hackney. On being conveyed there he begged to be taken
home, and they told him they were taking him home. If the
state of the plaintiff's mind had been any thing short of in-
sanity, the most dangerous course would have been to have
taken him to n mad-holm. - The defendant, Knight, who is a
medical person, wrote a certificate in these words, " This is to
certify that I consider air. Robert Fletcher a fit person to be
put under your care." This was signed by 'Knight, and was
directed to Mr. Fol. When they arrived at the mad-house
Mr. Fox was not at house, but on seeing the certificate, he ob.
served it was not conformable to the Act of Parliament ; and
Mr. Knight upon this wrote another certificate, regular in form,
but most irregetlat in substance—" In consequence of sufficient
personal examination, I hereby certify that Mr. Robert Flet-
cher is of insane mind, and that suitable confinement in your
care is necessary for his state." The defendant gave ordersthat the plaintin wife should not sec him, and Mr: Fox him-
self took upon him to let him see his wife. The next feet he
.had to state would create surprize. While the plaintiff' was in
the mad-house hie brother made proposals to hint to go as a
sunsiyase Van Dieman'e Land, and to allow hint a 3441
M 7071117 irmAif!t, le,the Tito of of tasorti ntio*
and honour. Was such a letter consistent with an idea of his
brother being insane ? If' it were proved that the plaintiff had
been deprived of his liberty without cause, and from whatever
motives, the Jury would visit such an attack with the roost ex.
en:glary damage&
John Itlarkwell, the elder-4 am one of the constables of
Moorgate ; I 'was on duty on Sunday evening, July 20, 1823.
Mr. Fletcher's chapel, the Albion, is near the watch-house; •
Mr. Robert Fletcher came to the watch.house on that evening
with several otheepersons. lie appeared to he very violente:-like
a drunken man. He was there about an hour. I did not see the
defendant there at all. The defendant, Mr. Christopher Knight,
came in about twenty minutes afterwards ; before that he had
his coat off, and was noisy. He was not so violent when Mr.
Knight came in. Mr. Knight said that he had been making a
disturbance in the chapel ; and I said that if there were a pro-
per charge given of him, I should think it in), duty to take
him to the Compter. Mr. Knight went backwards and forwards
two or three times. Knight said that he was insane, and he
would &rive a certificate for him to be taken to a proper place.
I said I thbught it vial my duty to take him to the Compter,
but that was over-ruled by Knight. Ido not recollect :wing
Knightßlttlelktcigger tsovatsheapiulantanttiicfr, at
ual L Xnight said that Mr.
he would rend him to a
madhouse, and exonerate all parties—a coach came. lam sure
his brother was in the chapel just by. It was about eight
o'clock. Several persons got Into the coach, but Mr. Knight
did not go with us. We went to Mr. Fox's at liackney. -No
Robert Fletcher
directions were given to any one to go to his wife to let her
know where he was going. In the coach he was not violent,
but he spoke against his brother. Ile asked where they were
taking him, and he was told lie was going home. When they
bot to Shoreditch Church he said, you are not taking me
orne; somebody said it was all right, and -he went on quietly ;
after a short time he said he saw how it was; when he got to
the house he asked that somebody might go to his wife that
evening and let her know where he was ; lie said it would be
a shocking thing, as there would be nobody to attend his school
in the morning; he was promised some one should go; he
wrote a letter, but I don't know what became of it; he was as
quiet and collected as any one in the room.
Cross-examined—The people were coming out of' chapel
when I was sent far; the wetch-house was next door to the
chapel ; I don't know what disturbance there was in the chapel.
I don't know that be foamed in the mouth ; he threw his arm..
about, but not to strike any one; I did not see that he excited
alarm, or put any one in bodily fear; I did' not think it necer.
stay to pinion him, for he very soon became quitecool and col-
lected. I cannot say whether his neck-cloth was off; some
water was brought to him ; he drank several times. On my
oath he did not say the water was poisoned by his brother ; he
did not drink at first, but I did nothear him use any such ex-
Preseion. I cannot swear that Knight did not attempt to feel
Ids pulse; he might do it without my seeing him in a mob- of
people. About half, an hour was occupied before. be was put
in the conch. I saw Mr. Hawker, who belongs to the chapel
there. Mr. Alexander Fletcher ie much respected, and fol.
lowed by a very respectable congregation.
Wm. Markiand, the younger, corroborated the evidence of
the precedineewitness, and added, that he received instructions
to gall upsn the plaintiff's wife. Ile told him the mime of the
street, the number of the house, and every othmeparticular, in
the coolest and most collected manner. The wittiest. did not
think the plaintifFineane.
Mr. Sarmiel Fox—l here two asylums for lunatics. I rank
home about half-past ten on the Sunday evening ; but heavine
the patient was gone to bed comfortably, I did not disturt
hint. I saw him next day, when he was incoherent, and la.
bowing under a nervous debility of mind.. He gave me a hor-
ried. and unconnected detail, as I conceived, of his grievances.
lie was witheno till the following Monde y, during which time
I had an opportunity of judging of hisniind. He was notineane.
I had no occasion, to use any restraint. It is usual to have a
paper signed by some of the relatives of lunatics, besides the cer-
tificate of the medical person. Such a paper was sent me on the
Monday. I saw Mr.-A. Fletcher either the first or second day
after hill brother's confinement; before then I hail wothorsciatit
his-Wife to see him. Orders had been given by
that his wife was not to see hint. They were roFether. merely.
heure in the room. My daughter and the pleintiff read elfssitil'eL
authors together. Mr. A. Fletcher gave me Some papers,
Robert Fletcher.
most important one of which I shrived to Mr. "uv'-•
lam not clear whether had it back: I suppose not, as
as apli-
cution has been since made to me for ie by the plaint] have
A. Fletether read the rontents searched, but cannot find it. Mr.
of it to me. Mr. A. Fletcher said that he- considered his bro.
the defendant
Cher as !Mturing under frequent paroxysms of insazity., and

at those periods he flew to liquor, which rendered him a COM
plete.madman, and unsafe to have the management of his per-
son ; butprobably, if he were to go to some other country, hes
' might be weaned tiona the effects ofliquor, and that it would he
better for him. generally. lam rot cleat in what capacity he,
wished him to go, lint I think: he mertiontal Vali Dimwits Land.
I understood the defendant to say that the plaintiff's wife wait
as fond of drink as himself and rather aa.iin accessary to it.
10)isn
btlioieththeriridnsdaany2 innfonruitTitithrset dmei)fr'ennidn'utig_
Ithttaxtula-dhitdhneowtufhiinnk.
coherent, but that might have been the effect of liquor, ope-
rating on a mind'otherwise sound : f have made up my mild
Since that it was. Mr. A. Fletcher never called fin any answer
to the paper which he gave me, and never came afterwards; that Vinfl or; the Wednesday. I have never seen any thing but
what was perfectly correct on the part of Mr. Robert Fletcher,
except when his breath has given me reason to believe that he
had been drinking. I will rot attempt to draw the nice dis-
tinction betweendrunkenresj and ni nd
The certificates, anti a 'letter from Mr, Alexander Fletcher,
desiring Mr. Fox to receive the plaintiff in his house were put
in in evidenco ;4—Mr. John-lloplca: I an: a surgeon, and re.s4de
in Ratcliffe-highway. In the month of July, 1;342, I way re.
quested by a Mr. Crow to see the plaintiff melba purpose tif
examining hitt', that f might give a certificate for the plaintiff'
tPtifitt.thva°r3d*se.aaWf dttis'el a :see blew h ttl.jde
quite -rational ; that he said
e
and his brother respecting
desire rr we hintot cyfo:titt
Ivlaai
satfleop:nuauf!tt
eat Pt nlrtbtii e
tiv:a2wt:lieet.
nni
not
ii
ce .1 s 0
n to sign a-certificate. I
asked. die defendant whether there was any truth in the state-
Intent that there was a dispute between hint and his brother re-
specting property ? The defendant said there was some troth
in.it. I then said that there was the less reason for giving a
certificate.

The questions' put by Mr. Robert Fletcher to the defendant
were read. They related. to books of accoeeta, and money left
" by their uncle. .some of the questioes were answ,red, and:
some were passed over, Arid some of the answers professed
ignorance. Mr. •
itobert Hedges-1 am aeseitaist of the Lest witeess. The
plaintiff attended me AS an instructor. .in the classics up to
within one or two days of his being taken tO-Mr. Fox's asylum
I had opportunities of obsaing the state of hie. mind, and
never entertained any idea Obis being insane. Lwent and paid
hiM a visit at Mr. fox's, and found. him perfectly collected,
rind as unich master of himself' as I was.—.[Tles witness stepped
back to state 'that he knew Mrs. Fletcher, upon whom sours
aspersions had been cast, and he knew nothing at all of her that
would prevent him &out' choosing her as a companion for his
wife. The reflations he had heard east upon her had quite
harrowcti up his feelings.]
John Nicholson, one of the head schclare in the plaintiff's
school, stated that he bad about forty or-fifty scholars. The
school began to decline offer the plaintiff's confinement At Mr.
Fox's. It declined to,tvrelre scholars, and then be gave up the
school. Two guineas a quarter were. paid for me.
Mrs. Adams produced a letter. It was from the defendant
to the plaintiff, and was dated the 22d of December, 1922. It
requested t•hat the, witness would cr on the plaintiff; and pro..
pose to him to, leave the country, peenising if. he would do so,
the defendant Would-assist hint.
Mr. Ebenezer Temple stated that he lived in the defendant's
house. He remembered Mr. Robert fletcher calling at
defendant's house, in July last, and 'applying to see die de-
fendant. He could not say whether the door was abut against •
him, but be did not see him.
Cross-examined—About a week before the
_plaibtiff visa.
taken to lilt. Fox's I was at the defendant's at Homerton. I
heard a knocking at the door. There was nobody at home but
myself and the servant, who went down, and she would not let:
him in. He then went round to the garden, and he said he .
would not leave the premises until he had stabbed the d—d
hypocrite. lie was going to pull of his breeches, but I went
Out and persuaded him not to do so, anti he buttoned theta up'
again. Tie rolled upon the ground and Ibarsedet the mouth.
considered hint insane. As we were going down the lane he
said he would pull the hair off my skull, and I ran a little way
front him. He used violent threats against
aths.ilsbeiasebeoelnireoicftlaautitelherdag,toaboiniindie
laughed and cried alternately. He spoke sometimes in the
same breath both kindly and with threats of his brother. I
wtalitlaauestly.eimssayebeturilbetrt.toait;,:rcit.6ol:,neirilutnipteipriet
Icles_niiintm,issireaaenilfossedititnt ehaPelee-not on the 20th 1;1'
brother Tile ie.
co come e :sr forth
cirri Latin,_n r)th`e`
rlot‘nmrtrive:oet:l:itssteilivy:i'intellaldalhytino. e of God, I call
after this ?
Mr. Serpent Tannv—lt is a question whether there is a
sufficient Justification to carry the verdict.
The CHIEF JUSTICE suggested that even now it would be
hest to withdraw it Juror. •
Mr. Serjeant Pr Le, who appeared separately fur Mr. Knight,
thought he ought to have verdict, but he would undertake not
to ask for costs. He wm anxious that it should be understbod
there was not t74e least taunt on his client.
'Me Serpent Verona:r was in his Lorthhip`s hAntis.—Mr.
Sergeant 'FADDY, After some little delay, said that he consent,l
to his Lordship's proposal.
The Curer JuSTICZ said it warthe best course.
Mr. Serjeant Vattonaie said a few words on the forbearance
and the spit-it of lenity manifested by the defendant; and he
almost trembled for the consequence of that lenity.
Mr. Serjeant PEAL for the defendant—Mr. Knight said that
under the circumstances he would consent to withdraw a juror.
The Clams JUSTICE perfectly agreed with the observe.
tions that had fallen from Mr. Set:Ault Vaughan as to the coo-
duct of the plaintiff; Fletcher, and observed that if the cause
had proceeded much further, it was probable that this unfor-
tunate plaintiffwould have had to pay those costs 6.0 m which
he would now be exempted ; and he hoped that still something
would be done for him. No imputation could rest on .Mr_
Knight, His Lordship also eulogised the conductor Mr. Fax.
A Juror was then withdrawn.
The Court and avenues were exceedingly crowded.