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THE LAW OF LUNACY.
TO THE EDITOR OF THW 441.114.
Strt,—Your paper of the 20th ult., - aining stn ar •
tick on the jaw of lunacy, havingW Awed to my
hands, and finding therein that my mil; ad been
brought before, the public in a most unj • -
I consider it incumbent on me to refut • ipr,rpn
statements which it contains. t A
In the first instance, you assert that Lord Denmarr„
" declared the law of lunacy to be, that if any medical -
man, being the proprietor of a lunatic asylum, and there...-
fore having a direct interest in the incarceration of any
supposed lunatico declare that such supposed lunatic 4s
required to be puilinder the care of some one, because
such supposed lunatic hi:ours under mental delusion, a
certificate from the medical-gnn to that effect, even if
such certificate does not set forth such delusions, is suffi-
cient to authorise the detention of such lunatic ; and,
that, if that -certificate is backed by the certificate of an-
other medical man, stating the person solocarcerated is
a lunatic, these two certificates are sufficient authorise
the detention for an indefinite period of such supposed
lunatic."

Non', Sir, I beg leave to state, that the writet of the
article in question must have been utterly ignorant of the
subject on which he combented, nor did Lord Denman
utter anything of the kind in his luminous observations.
It
No such certificate as you describe is required from o eny
medical man, proprietor of a lunatic asylum ; and it is,
moreover, prohibited in the 49th section, 8 and 9 Viet.,
C. 100, where it is clearly specified .' that no physician,
surgeon, or apothecary, eho, or whose: father, brother,
n,
or partner, is wholly or partly proprefor of, or a re-
approftssional attendant in, a licensed house. &c.,
shallrsign any certificate for the reception of s patient,
&c. ; that any medical man infringing this clause will be
guilty of misdemeanour."
You then proceed, Sir, to question the validity of me-
dical certificates, when the nature of the delusions are
not minutely specified. Such a statement is not re-
quired, for in most instances, when a medical man is
called upon to visit a supposed lunatic, he is an utter
stranger to the party, and can only form bis opinion
from the incoherence of his conversation, when his ac-
tions are-not violent ;or from the account of the patient•
he receives from the parties who have called him in. The
law requires that the medical man shall specify in bis
certificate ,' any fact or facts arising from his own ob-
servation, or from the information of any othor person,
upon which he has formed an opinion tbat the
person is a lunatic," &c., &c. Therefore does
the law consider a certificate, stating that the ,
medical man came to the conclusion that Mei
person he visited was of unsound mind from the cor
versation that took place, naturally inferring that such
conversation must have been of so incoherent a nature
as to warrant the conclusion of the person holding it
being of an unsound mind, a sufficient document. But,
even in cases where minute particulars may have been
inserted in the certificate, the law does not consider the
certificate as sufficient to confine a lunatic without far-
ther inquiry ; and the proprietors of an asylum are
obliged to send in to the Commissioners in Lunacy a
copy-of the order and certificate on which a patient
was admitted within two days after the admission, that
the Commissioners may themselves examine the order
and certificate, and proceed to visit the patient in the
event of the order and the certificate not being in confor-
mity with the statute. This provision, Sir, plainly shows
the incorrectness of your assertion, that the original
certificate " authorised the detention for an indefinite
period of such supposed lunatic."
Not only are the certificates examined by the Com-
missioners, but the law obliges every medical man, pro-
prietor of an asylum, to enter into a case-book, or
journal, the history of the patient, as far as it can be ob-
tained, with a statement of temperament, age, religion,
profession, an account of any medical treatment to which
he may have been submitted, or of the moral means em-
ployed, with a weekly statement, if any mechanical
means of restraint or seclusion are resorted to, specifying
the nature of the patient's occupation and conversation.
Now, Sir, in the case of Mrs. Rhodes, an unfortunate
lady in a state of imbecility of mind, who had assumed
the name of Shuttleworth, but for whom you seem to take
much interest, this lady was examined within two days
after her admission by three Commissioners, Lord Sey-
mour, Dr. Turner, and Mr. Proctor; she was subsequently
examined by two more Commissioners, Dr. Pritchard and
Mr. Campbell, who found her labouring under senile im-
becility, and the affidavits of four medical men were
prepared to meet the affidavits upon which a writ of
habeas corpus was applied for, on the plea of the lady not
being of unsound mind—this application having been
made by the person under whose care she resided, the
Rev. Mr. Rowlett, the minister of St. Peter's, Pimlico.
who found the unfortunate lady in a state of utter des-
titution—in rags, covered with ulcers and vermin, and
without the common necessaries or comforts of life;
when this clergyman considered it his duty, as a minister
and a Christian, to have the poor lady removed to a
comfortable asylum; and this application to the Court
of Queen's Bench to discharge the patient was made by -
the person under whose care she had then been found.
Now, Sir, do you think that the Judges of the Court
of Queen's Bench would have been justified if, on an al-
leged inaccuracy in the medical certificates, they bad
discharged this poor creature, and replunged her in her
former melancholy, destitute state, because, forsooth,
an Old Bailey quibbler sought to prove that a conver-
sation was not a fact? Moreover, this application was
not made at the request or by the authority of the
patient.
__

- I now, Sir, come to the case of Mrs. Cumming, to
which you also refer, stating "thatlhad consented to her
being taken from the establishment under my care," so
soon as she consented to make a disposition of her pro-
pert,/ in favour of those who had set " the skilful per-
of truth in tins asse.
of the Lunacy Act, that the person who signed the
order for the reception of a patient, may order such
patient to be discharged. However, it is provided in the
72d section, that this discharge is not to take place if
the medical attendant of the patient declare that such
patient is dangerous. Now, Sir, in the case of Mrs.
Cumming, a proposal was made by her counsel to the
family, who, having acceded to it, directed me to dis-
charge her ; and, although convinced, as well as Sir
Alexander Thomson, the experienced physician of Bed-
lam Hospital, the Surrey Asylum, and consulting
physician of the County Asylum of Hanwell, and Dr.
Pritchard, a physician of European celebrity, that the
lady was most decidedly of unsound mind, as I could not
declare that she was a dangerous lunatic, she was ac-
cordingly discharged by her family. As to your as-
sertion about " Dr. Millingen beingcontent to receive the
guarantee of Master Barlow and Mrs. Cumming," I am
utterly at a loss to imagine what you could possibly
mean to convey. Mrs. Cumming', was placed under my
care by her family, according to the provision of the
law. She was withdrawn from my care by her family,
and I could neither " incarcerate her, nor " detain"
her, when legally discharged.
Your insinuation of my want of " skill" in having
considered Mrs. Cumming, of unsound mind, I can assure
you gives me little concern, when my name is associated
with those of Sir Alexander Thomson and Dr. Pritchard,
who were of a similar opinion, at I feel convinced, that
if the jury had not been discharged by the arrangement
made on the proposal of the unfortunate lady's own
counsel, little doubt could be entertained as to what
would have been their verdict.
I remain, Sir, your obedient servant,
• J. G. MILLINGEN, M.D., M.A.
First-class Surgeon to the Fever, and late Resident
Physician of the County of Middlesex Lunatic
Asylum at Hanwell, &c. &c. &c.
P.S. I have further to add, that after failing in ob-
taining a writ of habeas corpus from the Court of Queen's
Bench, an application was made to a similar effect in the
Court of Common Pleas, which was refusbil in chambers
by Mr. Justice Williams.
York House, Battersea, Dec. 12, 1846.
[We have given the above, we believe, correctly, but
it is written in such an illegible hand, (moreover, it was
" backed copy," and Dr. Millingen, who has for. years
been in the habit of writing for the press, understands
what that means,) that we are by no means ce-
.r-
'tain as to the literal accuracy of the transcript. Dr. likl
lingen will perceive that we have omitted three lines which
bear not at all upon his argument, and which might
render it necessary tor us to open OIIT COlllOlllB
to another medical man in reply.—ED. Sun.]

We are sorry to learn that the children of the late
Thomas Hood are, in consequence of the death of their
last remaining parent, left entirely dependent upon the
small fund, amounting, we believe, to about 8001., col-
lected by public subscription at the period of Mr. Hood's
death. The pension of 1001. granted by Sir Robert Peel
ceases with the decease of Mrs. Hood, who lived but a
twelvemonth to enjoy it. We believe that Lord John
Russell has already been applied to by the friends of the
family to continue the pension to the children; but his
Lordship has intimated his inability to comply with the
request, since the pension becomes, by the death of Mrs.
Hood, the property of the public. We feel confident that
the wishes and intentions of the public will be best
answered by a new grant of the same trifling amount to
the orphans, to whose departed and highly-gifted parent
that public owes so large a debt of gratitude.
THE ALLEGED EXTENSIVE EMBEZZLEMENT BY
COMMISSION AGENT.—A reward has been offered this
week, by public handbill, for the apprehension of Mr.
Thomas Smith, lately carrying on business as a com-
mission agent and cotton merchant, in Strutt-street,
Newmarket-buildings, and well known to the manufac-
turers of the town and county. It would seem from the
inquiries which Mr. Chief Superintendent Beswick in-
stituted, that the accused left Manchester at half-past
eight o'clock on the night of Friday, the 4th in-
stant; and up to last evening we had not heard of
his apprehension. We understand the charge against
Mr. Smith to be one of a very serious nature, in-
volving the fraudulent embezzlement of a sum which has
been variously estimated at from 10,000/. to 16,0001.,
but with respect to which no accurate information can
be gleaned until the judicial investigation has taken
place. The parties whose names we have heard men-
tioned as being the greatest losers by the defalcation aro
Mr. Alderman Shuttleworth, Mr. Bateson (Liverpool),
and the firm of Messrs. W. G. and J. Strutt, cotton-
thread manufacturers of Derby, who have also a ware-
house in Strutt-street ; but whether or not any other
persons have been defrauded has not yet been made
known. Mr. Smith has resided in Lower Broughton for
some time, and has a family of five children.—Man-
chester Guardian of yesterday.

ATTEMPTED MURDER OF ♦ POLICE-CONSTABLE.--
Yesterday's Government Police Gazette contained the
offer of a reward of 1001. for such information as will
lead to the apprehension and conviction of the individual
who. in the middle of the Right, shot at a police-con-
stable named William Summerson, whilst on duty at
Ryton, in the county of Durham.
We regret to announce the premature demise of
the Lady Harriet Howard, daughter of the Earl and
Countess of Wicklow.