The Sun.
London, England, 1858-07-08 00:00:00

LAW INTELLIGENCE.-July 7.

COURT OF EXCHEQUER.
(Sittings at Nisi Prius at Guildhall.—Before Mr.
Baron Bramwell and a Special Jury.)

HAGGER V. BUSH.—BREACH OF FRONaSE OF

crying, and said, " I cannot bear it any longer,
sir." Mr. Slade did not ask her any further ques-
tions.

Mrs. Oxiade, wife of the Rev. R. Oxiade, at
Kensington, deposed that the plaintiff had been
placed at her house by Miss Bush, for the purpose
of educating her. Witness did not know of any of the
circumstances, or that MiS9 Hagger bad been a
servant. The plaintiff showed a remarkable pro-
priety of demeanour, but there were certain inac-
curacies of speech which required correction, and
she was very anxious to improve. The defendant
visited the plaintiff and appeared much attached to
her. The plaintiff paid occasional visits to Miss
Bush.

Wm. Hagger, the plaintiff's brother, an artificial
flower maker, deposed that the defendant bad al-
ways acted as a sane person. He had told witness
that his income was 3001. per annum, and that he
was studying for the medical profession. In July,
1857, he took his sister away from Mrs. Oxlade's.
She was almost deranged.
Cross-examined—ln May, 1856, the defendant
came to Hoxton from Harlow, and took lodgings.
The will of the defendant's father, a surgeon, of
Frome, was then put in. The personal property
was sworn under 3,0001., which was divided be-
tween his children, the defendant and his sister.
The letters written by the defendant were then
put in ; they were very sensibly written, and prin-
cipally referred to the arrangements entered into
by his aunt and himself, with the view of educating
the plaintiff for a higher sphere in life. In one
letter he stated he was living as-economically as
possible, with the view of saving money ; and in
another, that "he now confined himself to two
pints of bitter ale a day."
This closed the plaintiff's case.
Mr. Slade addressed the jury for the defence.
He said that it was not his intention to deny the
promise or the breach, but he would show them
that the plaintiff had a most fortunate escape from
an ill-assorted union, for the defendant was at this
moment, by the visitation of God, confined M a
madhouse. Tau le.iers 1-een relied on
showed that they were written by a man in his sane
moments, but under the circumstances in which he
was placed the fulfilment of the defendant's promise
would have entailed the greatest misery on her, and
she might thank Providence that she had escaped
from what she doubtless considered a most advan-
tageous match. The defendant had been at one
time so outrageously insane that ho had been placed
under the charge of Dr. Forbes Winslow, and sub-
sequently under the care of Dr. Dobson, ostensibly
for the purpose of completing his studies, but
virtually that a watchful eye should bo kept over
him as one who was next door to insane. This
young woman was perfectly aware of the circum-
stances under whiok he had been placed there, and
it would be for the jury to say whether she had
not taken advantage of his weak intellect. They
next found. him leaving Dr. Dobson's without
notice, and taking up his residence at Hoxton, near
;he brother of his inamorata, the housemaid to
whom he was so violently attached. There he was
under the watchful eye of the old lady, the mother,
who took good care to ask what his intentions
were. It was a month before Mrs. Bush found out
where her nephew was, and then she found him
in lodgings at Hoxton, entangled m an engagement
with a housemaid at a madhouse. Under these
circumstances Mrs, Bush gave a reluctant consent
to the match, and assisted in placing the plaintiff
at Mrs. Oxlade's, in the hope that tinder Provi-
dence the marriage, if it should take place, would
become more happy when the young woman had
become better fitted for the better station in which
she would have entered as her nephew's wife. He
thought that regard being had to all the circum-
stance; the most moderate compensation would
meet the justice of the case.
Mr. Win. A. Guy, physician of King's College
Hospital, deposed that in 1841 the defendant was a
student at King's College Hospital. He was at that
time constantly drinking and smoking. Witness,
from what he heard at his lodgings and from himself
had no doubt of the unsound state of his mind. He
believed himself to have had an interview with the
devil in the street. He gave two distinct accounts of
what had occurred with a cabman. In one account
he said the man had driven him 14 miles, and that
he had jumped out of the cab window. In the
other account he said he had a very pleasant drive.
Another delusion was, that he was employed by
the police to follow up swindlers. Witness and his
colleague. Dr. Johnson, had signed a certificate,
and the defendant was placed under the charge of
Dr. Forbes Winslow.
Cross-examined—The defendant resumed his
studies in October, 1856. A person suffering from
delirium tremens, brought on by drinking, might
think he had an interview with the devil. I did
not treat the case as one of delirium tremens. He
had been drinking constantly and excessively.
Re-examined—ln my judgment this was not a
case of delirium tremens. It was a state of unsound
mind, one of the features of which was that he
drank excessively, and could not keep himself
from drinking.
By. the Judge—The letters which had been re-
ceived were quite compatible with great weakness
of mind.

Mrs. Lucretia Bush examined—l am the de-
fendant's aunt. I have known the defendant from
the day he was born. He was very peculiar from
the time of his birth. He required constant
watching and care. I was not aware that he was
in a lunatic asylum in 1854 until he was there. He
was there nine months, and was then, by the
earnest request of his sister, placed with a Mr.
Spicer, a gentleman near Bishop Stortford, who
kindly invited him to stay there with his sister.
He was there a year, and then went to Dr. Dob-
son's, at Harlow. After he left Dr. Dobson's I was
unable to learn where he was. He was very ex-
cited. He said he would tell me if I would assist
him. I did promise. He said he was engaged to
a girl at Harlow. After he hail been at Hoxton
nearly a month I went to his lodgings there. I
there saw Susan Hagger and her mother. I
told her mother that in a moral point of view
she should be taken care of. Seeing she
was so terribly deficient and that she could never
fill with credit the position she was aspiring to, I
volunteered to lend my nephew money to place her
in a clergyman's family. My nephew has not passed
his examination. Afterwards they were perpetually
quarrelling. I have heard her say
.50 tunes she
would never marry him, and if she did she never
would live with him. I heard her say she had got
his letters and did not care for him. That was on
the 17th July, 1857. On that day my nephew
went to Wiltshire. He was suffering in bodily
health. He intended to remain there but a few
days, but he stayed longer. The engagement was
broken off. He has been at Dr. Winslow's
since March last.

Cross-examined—When I saw Mrs. Nagger she
told me her daughter was a servant at Dr. gobson's.
I will not swear that she said she did not wish her
daughter to be taken out of that position in life. I
was endeavouring to educate her to be my nephew's
wife. I noticed her because I could not help myself.
I took her to Hastings—so I did my servants. She
dined with me every day there. I took my nephew
for a change. I took her to take care of him.
(Laughter.) She stayed with ma at Kennington.
I did not introduce her to my uncle Elijah. I said
she was Susan Hagger, and that my nvliew was
attached to her. He said it was a very foolish thing.
She dined with him as one of my party, I suppose.
I wrote to the girl to tell her it was impossible my
nephew could marry her then, as he was in such a
state. . . .

Mr. James—Did you never see a medical student
in love before (Laughter.) Are they not alwAys
excited ?

Examination continued—They went out riding
together at Hastings. His sister wont with him. I
looked upon her as a sernnt, because she was not a
lady, and never could be. Nothing but my nephew's
position wonld have induced me to tolerate her.

Dr. Buchanan said that the defendant had been
placed under his moral control, and on all matters
connected with drinking he cDusidered the defend-
ant was unsound in mind. (Laughter.)
Mr. Justice Bramwell—This is a new Mania.

Mr. James—A. sort of Bibo -mania. (Laughter.)
Witness—Tipsouaania

Mr. James—That is, when he saw a bottle of
gin he went mad. (Laughter.) lie had taken to
drinking ?
Witness—l do not know what that is.
Mr. Janes—lt is a very common expression.
You know the old song—
" He took to drinking ratafia,
And thought upon Miss BAilvy. (Laughter.)
suddenly, and was
foundNitiV brhisliauenitofitnnithYetys3market.
Mr. James—ls there anything so unusual in a
medical student being found in the Haymarket,
though not often by his aunt. (Great laughter.)
In fact, he had delirium tremens?
Wit n ess—H e had.
raw Rpe tree
round his bed.

Mr. Jarnes— Inspectors? (Laughter.)
Witnea.s—No, spectres. He hail a curious fancy
about gratings in the street. He took them for
money-boxes. (Laught6r.)
Dr. Bartlett, the manager of Dr. Forbes Wins-
low's establishment at Hammersmith, proved that
the defendant was there in 1855, suffering under
delusions that be had interviews with the devil,
and was persecuted by his family, but he was aware
it was right that be should be there. He was also
under the delusion that he was constautly haunted
by a blue pig which was under his bed.
Mr. James—Not the Blue Boar in the Hay-
market. (Laughter.)
Cross-examined--I think if be were kept from

drink his mind would regain a healthy tone. He
has a monomania for drink.
This closed the defendant's case.
The learned counsel on both sides having ad-
dressed the jury,
Mr. Baron Bramwell summed up.
The jury returned a verdict for the plaintiff,
damages 4001.