The Sun.
London, England, 1832-07-16 00:00:00

LONDON, MONDAY EVENING, JULY IG, 1832.

COMMISSION OF LUNACY.

(Continued from Tice San of Saturday.)
MISS BAGSTER'S CASE.

Mr. COLTMAN, Chief Commissioner, then sum-
med up :—Gentlemen of the Jury, this case is a
very important one, particularly with respect to the
young lady whom it more immediately concerns.
Though very able and Learned Counsel have been
employed upon it, they hare rather too often di-
verged from the straight line, and, instead of ap-
pealing to your judgment, have addressed themselves
to your• passions. In a case of this sort there should
be no appeal to the passions. The Counsel have
endeavoured to render Mr. Newton an object of
your sympathy, but you have no more to do with
sympathy than you have to do with passion. The
young lady, the subject of this inquiry, is a person
of feeble understanding, though, as far as my
own opinion is concerned, I do not think
the young lady an idiot. The Counsel for the
defendant have thought proper to animadvert in no
measured terms on Mrs. Bagster. It makes no
great matter in the consideration of this case
what were Mrs. Bagster's motives, whether
she were to have 700/. or 1,0001. a year in case her
daughter should not be judged competent to take
care of her own property. You are to glance at what
may be her motives, but not to let them influence
your judgment. The Learned Commissioner then
said that though Mr. Newton may have reason
to complain of the secrets of the marriage bed being
violated by:this inquiry, Mrs.Bagster had still greater
reason to complain of the man who had severed her
from her daughter. They were both, then, equally en-
titled to the Jury's sympathy, if such a thing as sym-
pathy were allowed to influence Jurymen's ver-
dicts. When complaints were made about what the
lady suffered on her separation from Mr. Newton,
they were not to be much attended to, as at that
very time she had her head full of other men. With
respect to what Mr. Follett said it was very neces-
sary to be cautious; the young lady, if judged of
unsound mind, would not, as that Learned Gent]: -
man stated, be doomed to endless captivity ; and
ulterior improvement, as to the state of her mind,
would be strictly attended to. It was the business
of the Lord Chancellor to have inquiries instituted
from time to time as to her future progress, whether
for better or for worse; and, if there were improve-
ment, most assuredly she would have all the benefit
of it. What the Jury would have to consider was,
not a set of questions in detail, but the grand point
at issue, whether she were of sound or unsound
mind. It was unnecessary to enter into metaphysi-
cal minutiae to draw a line of demarcation between
soundness of mind and unsoundness of mind. The
decision depended upon mere common sense—upon
practical every-day experience. The lady could not
be deemed a lunatic : it could not be considered that
she laboured under any delusion, nor that she came
under what was commonly understood by the term
idiot. Since the property of lunatics and idiots
went to the Crown the law was extremely precise
upon this point, and leaned towards them so fa-
vourably that, provided there were but a gl !met-
ing of reason, it did not take them under its own
guardianship. If a person could not protect himself
protection should be found for him. Did Miss
Bagster require protection, or did she not ? This
was the delicate point to decide. Though it was a
delicate point, still experience and good sense could
come to a fair conclusion upon it. If the party
could not act without extraneous control'', that
would be sufficient to make a Jury deem such party
of unsound mind, provided it clearly proceeded from
imbecility of unders.anding. A person might be-
come hereafter, by kind treatment and particular
care, of sound mind; but that was not the ques-
tion. The Jury was met to consider what was the
state of the party's mind at the present moment.
There was little doubt but that if Miss Bagster had
been put under the care of Dr. Morrison in her in-
fancy, the powers of her mind would be found very
different from what they were now. As for the tes-
timony in this case, it was excessively varied, and
should be examined with great caution. There was
the evidence of the members of the family—of go-
vernesses—of servants; there was the evidence of
medical gentlemen, some sent by the Court of
King's Bench, some by the family, others by the
Lord Chancellor ; and from the list sent to him by
the defendant, the evidence necessarily must be
conflicting, and it required great discrimination to
unravel it properly. It was not necessary far him to
go through the great mass of medical evidence ad-
duced, but he could not refrain from alluding to that
of Dr. Morrison, who was a most sensible person.
The instruction Dr. Haslam had given to Miss B.
previous to her appearance in that Catirt gave him
rather the appearance of a party concerned than of a
scientific man sent to inquire into the state of her mind.
With respect to the elopement, though no such pro-
ceedings could be called rational, this did riot appear
to be of so irrational a nature as to lead to any opinion
of the young lady's imbecility. She appeared to have
known Mr. Newton for a considerable number of
years ; and if they were to believe the testimony of
Miss Newton, the young lady had made previous
arrangements for the elopement ; but on this the
evidence was somewhat slight. It had, however,
transpired that the young lady had often talked about
elopement, and that she had told the medical men
of her having read about them in novels. The Com-
missioner then detailed the circumstances of the
marriage. The young lady had told some of tile
witnesses that she had laughed immoderately during
the marriage ceremony. This was not very rational
conduct; and the young lady had afterwards denied
that she did so, and added to it a very shrewd re-
mark—" I was too tired to laugh." They had the
evidence of the two chambermaids at the inn before
them, and it certainly was one circumstance for the
Jury to consider that they had been impressed with
the idea that the young lady was very weak and
childish, and not like other young ladies whom they
were in the habit of seeing. With regard to the
seizure of the young lady at Keswick no remark was
necessary. Mrs. Bagster believed that her daugh-
ter was unable to manage herself and property, and
she could not be blamed for standing forward and
asserting a mother's right. Though they could ap•
ply no censure to her, yet he would not say that
an action would not lie against Mrs. Bagster,
supposing her (laughter's sanity to be proved.
Strong objections had been made against some
disgusting disclosures; and it was said that they
were calculated to throw a stigma upon the young
lady which would never be blotted out. Certainly
some of the disclosures were very unpleasant, but
lie did not think that they would or should cast any
stigma upon the young lady. All that she had
stated had been disclosed from the innocence, sim-
plicity, and purity of her heart. She did not know
that she was doing wrong in stating them ; and they
were given with all that nakedness and simplicity
which they might expect from a young and inno-
cent creature. The fact implied neither imbecility
nor want of moral feeling. The Learned Commis-
sioner next proceeded to remark on Miss Bagster's
acts of violence to her mother, and her deficiency in
arithmetic. The young lady had given the most
singular proofs of incapacity when she was examined
on the easiest and commonest principles of arith-
metic. The Learned Commissioner concluded in
these words :—Gentlemen, you are to consider whe-
ther this party be of unsound or sound mind, and to
return your verdict accordingly. If you are of opi-
7110t1 that she is of unsound mind, you must deter-
mine to what period you are to carry back the state
of that unsoundness. You are to judge her as any
other individual; her being possessed of property

must have no influence on your verdict. It is not
!weessary for you to be unanimous in your decision.
There are twenty-two of you; the verdict of twelve
out of that number will decide the case.
At a quarter to four o'clock the Jury retired, and at
twenty minutes to five returned into Court with the fol-
lowing verdict:—

" We find that Rosa Matilda Maria Bagster, otherwise
Rosa Matilda Maria Newton, is of unsound mind—(a
slight appearance of dissatisfaction i❑ Court)—so as not
to have sufficient government over herself, her manors,
mesauages, lands, tenements, goods, and chattels ; and that
she has been so from the Ist of Nov. 1830."

CHIEF CommissioNEß—Da all the gentlemen of the
Jury concur in that verdict ?
The Foreman (Mr. Mills)—l have no objection to state
the numbers-20 gentlemen concurred, and those 20 will
sign the requisition. Ooe had some slight objections, and
one, we believe, dissented from it in Coto.

The Jury then signed the requisition, and the Court
broke up.

MISSBAGSTER'S LUNACY COMMISSION.

(From a Correspondent of the Morning Chronicle.)
This Commission, which terminated on Saturday
evening, after having occupied the previous eleven
days, will, it is expected, cost upwards of 5,0001.
Formerly the fees paid to the Commissioners and
Jury were much larger than at the present time;
the Commissioners receiving five guineas, and the
Jury three guineas per day, independent of a very
splendid dinner, which was served up at the house
where the inquiry was held. These expences, how-
ever, were reduced when Lord Lyndhurst succeeded
to the office of Chancellor, and instead of five
guineas, the Commissioners were ordered to receive
no more than three guineas per day in future, and
the Jury were reduced to one guinea per day, and
no dinner. In this case there were twenty-two
Jurymen summoned, and three Commissioners pre-
sided, so that the expence of those gentlemen alone
will amount to 341 guineas. The fees paid to the
Counsel were rather large, including consultations,
&c., and certainly it was impossible for any gentle-
men to exert themselves more zealously than the
Counsel did who were engaged in this case.
The attorneys on both sides will reap the richest
harvest from the inquiry. The ponderous bags of
papers and documents which were each morning
brought into Court, bore evidence of the industry
of the professional gentlemen, and of the immense
mass of evidence and explanations which were neces-
sary to the elucidation of the case. Forty-six wit-
nesses were subpoenaed in support of the Commis-
sion, including some of the most eminent medical
gentlemen which this country can produce; many
of them were required to attend in Cuurt until the
termination of the proceedings, as it was expected
the Jury might require some questions to be asked,
and of course a sum must be tendered to them equi-
valent to the length and number of the attendances
they were obliged to make. The coffee-house
expences will also form a very serious item. A
shorthand writer was engaged by both parties, and
his bill, it is expected, will amount to about
200/. Mr. Newton's expences from the dine of
the elopement will amount to a very considerable
sum ; a Gretna-green flight, particularly when a
pursuit is expected, becomes very expensive; and
the vigorous and determined opposition which Mr.
Newton made to the Commission must 'involve him
in a very serious expence with his professional ad-
visers; he also had subpoenaed a great many wit-
nesses, but his Counsel declined to call them,
relying upon the examination of Miss Bagster.
Among the Jury we observed that four were Magis-
trates of the county of Middlesex, and several of
them have been engaged upon the most important
lunacy inquiries which have been discussed during
the last eight or ten yews ; some of them, in fact,
were engaged as Jurors in Lord Portsmouth's case.
The gentleman who disagreed with his fellow Jurors,
arid was in favour of Miss Bagster's sanity, had
never before been engaged on an inquiry of this
description ; he appeared to pay the most strict at-
tention to the case, and frequently put some most
excellent questions to the witnesses. From the
commencement of this important case to the close, the
Court each day was crowded, and in the galleries we
observed many ladies who were most fashionably at-
tired. The majority of the audience were evidently
opposed to the Commission, for frequently an at-
tempt was made, when some important evidence
was given, or observation escaped the lips of the
Counsel in favour of the marriage, to express their
feelings by stamping of feet or clapping of hands,
but those acclamations were immediately suppressed
by the Commissioners. The Court was excessively
crowded on Saturday, arid when the Jury retired,
at a quarter before tour o'clock, scarcely one person
moved out of Court, but remained patiently in their
seats till the Jury returned, at a quarter before five.
The announcement of the verdict produced a slight
murmur of disapprobation. Several of Mr. Newton's
friends were in Court, but they immediately re-
tired, evidently greatly mortified and disappointed
at the result. The Marquis of Abercorn and several
other gentlemen were on the bench part of the day.

COURT OF KING'S BENCH, JULY 14.

BUSHELL V. THOMSON, ESQ., M.P.

Mr. PLATT said this was an action for work and
labour done, for services rendered to, and money
lent and advanced on account of the defendant by
the plaintiff.

Air. CAMPBELL—The public was very much in-
debted to the plaintiff, an eminent broker in the city,
for having raised the defendant, Mr. Charles Pou-
lett Thomson, to the situation of an M.P., a Baron
of the Cinque Ports, and Vice-President of the
Board of Trade. Mr. Thomson was, in and before
1825, a partner in the house of Bonar and Co.;
but in that year the partnership was dissolved, and
Mr. Thomson resolved to endeavour to get into
Parliament, and in 1826 declared himself a candi-
date for Dover, one of the Cinque Ports. The
Plaintiff was a freeman of Dover, and it was of
great importance at that time to have the support of
the out-voters, with most of whom the plaintiff was
well acquainted. Mr. Thomson applied to the
plaintiff for his vote and influence ; and from the
close of 1825 till June 1826, when Mr. Thomson
was elected, the plaintiff was actively employed in
Mr. Thomson's service. He was Chairman of one
of his Committees, and took an active and
managing part; he employed a great deal of
time and labour in canvassing for Mr. Thom-
son, and superintended the dispatching of the
voters to Dover, and made various disburse-
ments on account of the Defendant, to the amount
of 771. and a fraction ; and out of this money ac-
tually disbursed the plaintiff had received from Mr.
Thomson only about 501., leaving a balance of about
21/. due on that held. For his own part, although
he knew something of these matters, no action had
ever been brought against him in respect of them.
He would rather pay a good sum than have such an
action brought against him.
Sir J. SCARLIWT—DOtet publish that.
_ _

Mr. CAMPBELL was aware that in these matters a
great deal of imposition was often practised on the
candidate; but in this instance he believed that the
charge was a fair and moderate one.
Sir J. SCARLET—Don't you be witness.

Mr. CAMPBELL spoke from his instructions.
Happening to be reading some of Paley's works,
two days ago, he found it there stated that there
was no harm in a counsel's saying that he believed a
thing to be true, because nobody believed him. The
Jury would, of course, be guided only by the evidence.
Sir J. SCARLETI addressed the Jury fur the de-
fendant. Verdict for the defendant.

GERMAN AND DUTCH PAPERS.

THE HAGUE, JULY 10.—His Majesty the King and
Prince Frederick have arrived from the Loo.

We bear that the Belgians have set at liberty the two
Dutch officers, Messrs. Wregand and Verschuer, whom
they had taken between Aix-la-Chapelle and Maestricht.
According to private accounts, the two officers were very
well treated, and their arrest was stated by the Belgian
General, commanding in that part, to have proceeded from
a mistake. A letter from Maestricht says, the Belgian
troops have broken down some bridges in the principal
road, and seven small bridges in the by-roads round the
fmtress, in order, as far as possible, to oblige the country
people, who bring provisions to the town, to pass the line
where the Belgian Custom-house officers are stationed.
Reports say, that the Belgian Government have given
orders to the receivers of the import and export duties, to
permit corn and cattle going to Maestricht to pass unrno.
lested, on the payment of the transit duties.
Count Heyden has returned to the Hague.
AMSTERDAM, JULY 10. —Count Bernstorff, Chamber-
lain to his Majesty the King of Prussia, has arrived at

Bois.r.E-Duc, JULY 9.—We hear that the head-
quarters of his Royal Highness the Prince of Orange will
return to thi:4 place by the Ist of August.
ST. PETERSBURGII, J oNE 26. —The .A'ichaas I. which
had arrived at Cronstadt in eighty-four hours from Lu-
beck, • met on Saturday afternoon, 240 wersts from St.
Petersburgh, the steam-boat Isbora, o❑ hoard which was
his Majesty the Emperor. The passengers saw his Ma-
jesty on the deck, who called to them through a speaking
trumpet.—Petersburgh Journal, June 27.
RicA, JUNE 26.—His Royal Highness Prince William
of Prussia arrived here to-day, and proceeded immediately
to St. Petersburgh.
WARSAW, JUNE 30.—His Majesty the Emperor has
appointed Lieutenant-General Rautenstrauch to be Presi-
dent of the Council of State, pro ter:Tore, during the next
half year, if at any time the Prince Governor-General
should be absent.

The day before yesterday there was a public procession in
celebration of Corpus Christi ; it proceeded from the church
of the Carmelites to the altara erected in the street Lezzeo.

Large quantities of provisions have arrived here by
water from Cracow and Gallicia.

BERLIN, JULY 6.—At the close of the year 1831, the
triennial census of the population of the Prussian domi-
nions took place. Ti,e tables are now made up, and the
following are some of the results :
At the end of the year 1828, the population of the
kingdom amounted to 12,726,110 souls.

INCREASE IN THE LAST THREE YEARS:-
1829
1830
1831

Total 241,699
Increase by immigration 71,151

312,850

Total of the whole population... 13,038,960
Including the Military.
The tables, compared with those of preceding periods
of three years, present a remarkable decrease in the excess
of the births over the deaths :

At the close of 1822, the population was 11,664,133
To end of 1825
Increased by excess of births 562,904
by immigration 29,683
12,256,725

To end of 1828
Incre.lsed by excess of births 42.2,209
By immigration 47,177

12,726,110
To end of 1831—
Increased by excess of births 241,690
by immigration 71,151

Total as above 13,038,960

The rapid decrease in the amount of the excess of the
births over the deaths (for which, in 1831, there were
particular causes) has been noticed on former occasions.
The increase of immigration is very remarkable, though it
does not by any means make up for the increased number
of deaths. It may be considered, in these times of dis-
tress, as a proof of the tranquillity, liberty, and peace
which invite strangers to settle in the Prussian States,—
Prussian State Gazette, July 7.
Fstou Tur. MAINE, JULY 2.—The Diet, in its sitting
of tho 28th of June, discussed the affairs of the Confede-
ration, and especially the means of allaying the fermenta-
tion in many places. All the Governments have unani-
mously agreed to the decision, which will cause a great
sensation in Germany, but, as we hear, is strictly con-
fined to the execution of the Acts of the Confederation. It
will include six points, but chiefly aim at introducing a
uniform system into all the several States. With respect
to the Press, the discussions are not yet finished. The
commercial affairs of the Confederation will form a promi
nent feature, and it is said that Austria in particular de-
votes great attention to this most important subject.—
Nurembury Correspondent, July 6.

EXTRAORDINARY INFATUATION, OR

LOVE AT FIRST SIGHT.

Oa Friday ➢Mss Elizabeth Farnsworth, a young lady in-
heriting a handsome independence, was brought before
Mr. Wedgwood, at Union-hall, charged with creating a
disturbance at the residence of a gentleman residing in the
district of this office.

About twelve months ago the defendant, who resides in
the Borough, was smitten with a young man named Gates,
who is in the complainant's employ, and who was in the
habit of riding past the young lady's abode, on his way to
town. Ever since she first saw the object of her affec-
tions, she has been unceasing in her endeavours to procure
interviews with him, and although she had never received
the slightest encouragement from that quarter, yet she
made a constant practice of following him through the
streets, and imploring him aloud to accept of her as his
devoted wife. The young man was so perplexed with the
annoyance to which he was subjected by the young lady's
importunities, that if sonic method Wall not adopted to
prevent it he must leave town altogether. The com-
plainant's charge against the defendant amounted to this :
On the preceding evening she called at his house, and in-
quired for Mr. Gates, and was then told that he was not
on the premises. The prisoner insisted that he was, and
became so clamorous for an interview that she soon col-
lected a mob, and refused to go away. Under these cir-
cumstances, it was found absolutely necessary to give her
into custody, and the only motive for causing her to be
brought to this office was to extort from her a promise
that she would not in future follow the young man, who
felt no disposition to be allied to her.

Miss Farnsworth, who stood weeping during the above
statement, upon hearing the last sentence of it, said " I
shall never make any promise of the kind, nothing will
induce me to sever an acquaintance with the man I adore."
Miss Farnsworth first saw Mr. Gates passing on horse-
back, as she was sitting at work at her window. She was
so much propossessed with his appearance, that she all at
once felt an irresistible desire to ascertain if he was mar-
ried, and for this purpose she hastily threw on her bonnet
and shawl, and followed him to Wells's livery-stables, in
Blackfriars-road, where be dismounted. She walked
down the ride, where be was standing, and without further
ceremony introduced herself, and asked bins the question
she was so anxious to ascertain ; and his reply, that he
was a bachelor, gave her the must indescribable pleasure.
She at once confessed her attachment, and it was ar-
ranged during that interview, that they should have a
meeting the same evening, but he neglected the appoint-
ment. Since then she had frequently seen him, and al-
though she had urged the passion which was consuming
her, yet he treated her with the utmost indifference.

A lady who accompanied Miss Farnsworth described
that ever since she had first seen the gentleman alluded to
she had become the most wretched of her sex. The
passion she had formed under such extraordinary circum-
stances for the young man was hastening her to her grave.
It was further stated to the Magistrate, that the passion
for Mr. Gates had taken such complete possession of the
unfortunate girl's mind, that it was a misery for those who
lived under the same roof with her. She went sighing
and moaning about the house, her appetite failed her,
added to which the sleepless nights she had must ere long
destroy her.
The Magistrate endeavoured in vain to reason with her
on the folly of indulging i❑ a hopeless passion for a man,
upon whom she had no claim ; but it was evident that it
made no impression upon her, and she was given up to her
friends, who promised that they would if possible restrain
her from going to the complainant's house.

On the wall of a house of three stories,
situated at St. Germain en Laye, is the following inscrip-
tion:—" Knock for the first floor, ring for the second,
whistle for the third."...Cubinet de Lecture.

VRICE in.)

MR. HUNT'S VISIT TO PRESTON.

Preston, Thursday, July 12.
This day Mr. Ilunt, in pursuance of previous advertise-
ments on the walls, made a public entry into this town.
He was met, at about eleven o'clock, at Walton-le-dale (in
the neighbourhood) by a considerable number of his
friends of the working-classes, who bore a few banners,
and were accompanied by some straggling musicians. The
factories being free for the (lay (on account of the races),
the concourse of people on the road, in a great measure,
consisting of females, lads, and children, was numerous,
and, at one time, including those who walked in process.
sion, might amount to from 2,000 to 2,500. Amongst
the flags, the most conspicuous was the tri-colour, and the
mottoes were " Death or glory, my boys," " He that bath
not a sword, let him sell his garment and buy one," and
so forth. The hero of the day, who had arrived from
Blackburn, appeared on the dicky of a chaise and four.
Behind, sat Richard Warwick, keeper of a beer-shop, and
inside the vehicle sat John Irvin, the shuttle maker. Mr.
Hunt entered the Grey Horse inn, whence the multitude
was addressed from a window. Mr. Hunt, in his speech,
went over his usual topics as the assumed only friend of
the labouring and poor classes of the community. The
place from which he spoke was directly opposite to the
shop of Mr. Joseph Mitchell, the man who had been
mainly instrumental in securing his election for this bo-
rough, but against whom he and his friends are now
bitter, owing to his (Mitchell's) having deserted the cause
of the " matchless" Member. Mr. Hunt seeing Mitchell
coolly smoking a cigar, and eyeing him from his shop-door
as be spoke, soon took occasion to allude to him as a cur
snarling at a noble mastiff (himself, no doubt), and he then
declared that he wished to retire from public life ; and if
they could find any one better calculated to serve them,
he would assist his return. The cry was, of course, "No,
you must continue ! " Mitchell continued to smoke his
cigar, and some of the more moderate thought he should
have a hearing, as he desired it. A passage was opened
for him, and he went to the room where Mr. Hunt and
his friends were. Mr. Hunt repulsed him from the win.
dow, from which he himself spoke, and Mitchell addressed
the assemblage from the other window. He disclaimed
the personal opposition to Mr. Hunt, and then began to
criticise the conduct of Mr. Hunt, in pretty severe terms,
with respect to the first Reform Bill, which be had sup-
ported although it would have disfranchised the Preston
electors—and was going on, amidst groans, interruptions,
and a few bravos, when Mr. Hunt approached him in a
rage (in the room), and said if he wanted a quarrel it was
with him—and he was his man. Whereupon the Hon.
Member placed himself a la Cribb, and instantly dealt Mr.
Mitchell a blow on the face. Mitchell would have re-
turned it, but he was torn back, and, finally, turned out of
the room. After giving three cheers for " The Union,"
or, in other words, for themselves, the important business
of the day concluded.