The Sun.
London, England, 1859-06-24 00:00:00

'HE SUN, LONDON, FRIDAY EVENING, JUNE 24, 1859

part, if not in whole. I suppose, like all other
editors, he cuts pieces out of one paper and pieces
out of another, and then puts them together and
calls them his own articles. (Roars of laughter.)
At the same time I must say that there is a deal of
credit due to the company in endeavburing by
stealth, for it is nothing else, to excite that class of
people, the lower class, which read his paper, for
nobody else but the lower class read it. (Laughter,
cries of Oh, oh, and " Why, you read it yourself,
don't you?") I say there's a good deal of policy in
getting up all V.-is agitation, for at one time it
was no doubt a losing game, and no doubt now
it is a saving one. ' I dare say my friend
heard of the rumour that I had purchased
the Nolfolk Standard at Yarmouth, and had got a
shop in the same street, to publish it here twice
a-week to draw the people to buy that paper,
because it was thought they would sooner buy it
than a twopenny-halfpenny paper. ffeel obliged
to you for hearing my chat-chat, for that's all it
will dome to. (Laughter.) I suppose you will have
no objection to this going up as an' appendage to
yours- (holding out a roll of paper towards Mr.
'Ellett). It is an extraordinary expense to go up
with two separate 'petitions. Yours will cost the
city two thousand pounds, and I should not like to
I add two -more. Why, at the late_Guardians' elec-
tion, ()tie of the proprietors—one of the partners—
of the Norfolk News was seen in the grossest scene
of bribery in the porch of the church ; and now one
of these gentlemen comes under the pretence of
purity and morality, and is burst out like a carna-
tion from its pad—(loud and prolonged laughter)—
and is going to frighten every individual in this
city because as he thinks he leas a chance of selling
some extra papers. My dear Mr. Tillett, I wisa
you joy. (Roars of laughter.) I have a note, ne I
have it not with me, but it is this—" Dear Sir,—
Unless you pay this account to-morrow morning at
ten o'clock, I have strict orders to proceed against
you immediately. Signed, J. H. Tillett,"—with a
dash under " immediately." (Great laughter.) That
was the day before the election. I say nothing
about these matters, but I suppose that that is what
my friend, Tilhtt would call coercion or undue in-
fluence,"such as he exerted at Peto and Warner s
election, when be set twelve gentlemen on my
humble person for a fortnight night and day.
(Roars of laughter.) But I bear these things and
am in good plight after all, and I have no doubt
that after the investigation I shall return from
London in as good spirits as I am, thank Clod, this
morning. (Great laughter.)
As no one proposed an amendment, the motion
was unanimously adopted.
Mr. TILLETT then moved , that the petition be
sent to John Bright, Esq., member for Birmingham,
for presentation.
Mr. J. D. SMITH seconded the motion.
• Mr. GEDGE thought it should be sent to Mr.
Cobden as soon as he returned.
Mr. WINTER suggested that the petition should
be presented by the sitting members.
The MAYOR and Mr. WILLETT both expressed
an opinion that as the present members would both
be interested in the matter, it would hardly do to
ask them to present the petition.
Mr. Tillett's motion was then agreed to.

ELECTION INTELLIGENCE'.

MARYLEBONE.

A meeting of the electors of the borough a
Marylebone was held last night, at the Literary In
stitute, Edward-street, Portman-square, for the
purpose of hearino. Lord Fermoy give an explana-
tion of his political principles.
Mr, P. GRAHAM, of Oxford-street, having_ been
called to the chair, said that last eveningthey heard
a very, satisfactory exposition of the political views
of Major Lyons; tonight they were assembled to
listen to a statement from Lord Fermoy. That
noble lord being an Irish peer, could not represent
an Irish constituency ; but, entertaining as he did a
desire to. take an _active part in the legislation of
his country, he had come forward to solicit the suf-
frages of the borough of Marylebone.
Lord FERMOY then addressed the meeting. He
said the reason why he appeared before, them was
that which the hon. chairman had just stated—
that he, being an Irish peer, was not competent to
represent an Irish constituency. .He was a man of
business, and had represented 'one of the largest
constituencies in his "native land, the agricultural
county of Cork, for nearly 20years. lie belonged
to the advanced Liberal party,..Ntildsc ranks he was
glad to say were every day re03416.,g fresh recruits.
The occasion of his appenrit,, pi,pi,r3„them was the
promotion of Sir Benjamiio C-WA..:.'e peerage. It
was an event of which Ski:te T q n Ind a right to
. ~,„,
be proud, and of which 'the pcopTe. of Marylebone
had no reason to be ashamed. (Cheers.) But it be-
hoved them to be-very cautious as to the man whom
they would put in his plaecl.; (Hear, hear.) While
seeking their suffras;•es he would not assume a single
principle which he could not honestly advocate,
nor would he, even to attain the honour of repre-
senting Marylebone, pretend to espouse any politi-
Ailich he did not s`ncerely feel to be
IV% •-:4.4Vsalways ondeavared, while in Par-
liamentNtarry out the principles entertained by
the adVanded Liberal party, and had always been
' the follower of his late respected , friend Joseph
Hume. (Check) He entered Parliament in 1837,
and r6flerented the same constituency 'to 1855.
During that period he had given many votes tc,
Which he would- refer with th Utinost.contlamce.
In February, .1838, he supported a motion by Mr.
Grote for•theintroduction of the ballot. It was said
that the ballotWDS un-English. The ballot was a re-
medy for a great _disease. The remedy was un-En-
glish, but the disease Woi: still more un-English. It
was cruel to give.9.-nwythe privilege of a vote unless
they protected hi rn in -dip eNcereise,of it. (Cheers.)
He had always been, an advoe4rte of household suf-
frage, but he would clot: ,stop-there.. There was a
Most valuable class of inens,who:occupied only por-
tions of houses i men most trustworthy in their avo-
cations, but who were not in a positiox to acquire an
entire house to themselves. To those persons he
Would give a vote. With regard to the redistribu-
tion of the representatives, that was a subject which
all parties agreed required immediate attention.
Tire present state of things was most unsatisfactory.
Pepulatiosi ought to be an important ingredient in
the redistribution of seats. ,He would not leave pro-
perty"' 'al6gether out of consideration, but popula-
tion,he.tliought, was-as good a test as to the sub-
stantial qualifications of a :representative as could
be had. The borough of Marylebone ought to have
six repsesentatives, less than that number ought
not to be given to so important a constituency.
Tisis brought him to the quest ion. as to the suppres-
sion of the small boroug! a. lie was sorry to see in
the present Government one. Cabinet Minister at
least who had declared himself in favour of the
preservation of small boroughs. But it was his firm
conviction that no measure would be of any avail
short of a total abolition of those small constituen-
cies. (Cheers.) They were a blot and a disgrace
to the British constitution. Let, the small boroughs
he merged in ' the counties ; for he did not ap-
prove of grOuping them together. Although he
in 1838 represented a large agricultural constitu-
ency in Ireland, and was himself the owner of ex-
tensive estates in that country, yet when in that
'year Mr. Villiers brought forward a "motion for the
repeal of the corn laws, he (Lord. Fermoy), not-
withstanding • his connection with the agricultural
interest, voted in supporter that motion. (Cheers.)
He did .do so because he felt • that 'no man had a
right to cut a slice off the loaf of the poor. (Cheers.)
He was the advocate of freedom of conscience, and
'of the total abolition of church rates. It was a
most cruel oppression to compel onerman to pay for
the church of another.. He believed that the doc-
trines of the established church, in the tenets of
"which he had been brought up, would be greatly
advanced if 'All were at once to come forward and
assent to the entire abolition of church rates.
He believed that in that case the voluntary prin-
ciple would come out most triumphantly in, the
support of the churches of this country. (Cheers.)
But whether that would be so or not-he held that
no man who did not believe in the tenets taught in
any particular church ought to be called upon to
support that church. (Cheers.) In regard to social,
legal, and administrative reforms—three very large
words—he would then only say that he had always
tNladvocate,'iveoaNisvigenvoeti,,p iFieoevbecarobyul
ylddei scnnarEti pin, tiegfolranani ondf
frraeo fmomr
omr
e. making.aobnlee raenTmdha
eir
nkr
e,
ent legal reformer than Sir Richard Bothell,
the present Attorney-General. It was, in his opi-
nion, a great loss to the country, and a great in-
jugsatiine eaptpooitnhteedmNi
man himself, that instead of. being
a
\ ,
bald Attorney-General
havel te
givenwas not i placedthe
on tie woolsack, v
opportunity of promoting those legal reforms which
he was so eminently qualified to propose. ` On the
subject of economy he had to remark that the new
Chancellor of the Exchequer (Mr. Gladstone) was
reported to have said that the finances of thecoun-
try were in a most unsatisfactory condition, and
that it would be necessary to impose additional
taxation. Instead of increasing the taxes, they
ought to strive to effect retrenchment. He be-
lieved that much in that way might be effected.
The diplomatic department would admit of very
considerable reduction. Applying the principle of
never giving money unless they got value for it,
he. knew of nothing from which. the nation got so
little as from the labours of diplomatists. (Hear.)
To those gentlemen was intrusted the settlement of
the question, in the East with Russia. A Peelite
was appointed, and what was the result ? The Cri-
mean war, the expenditure of immense sums of
money, and the lo:;s of thousands of lives. : And
what-was the case riew 9-- They had had deSpatcheS
—some in good. English, some in bad, and some
with bad spelling, but our diplomatists had not

succeeded in their object, that of keeping Europe'
tranqu'.l. They had had envoys, ambassadors, and
whole classes of these men at work, and yet the
war was spreading over the whole of Europe, and
nobody knew at what moment this nation might
be swallowed in the gulf. (Cheers.) Therefore, if
those gentlemen did not give value for the money
they received they ought net to be paid it. (Cheers.)
But they were always meddling with other men's
business ; and the more they did so the greater was

the mess they made. (Cheers.) After a few re-
marks in support of local self-government the noble
lord referretl.4o the present state of affairs in this

country. They had just formed a new Government,
and he would at once say, whatever his views and

feelings might have been before the Government
was formed, that looking at as, it was now, con-
stituted, he regarded it with feelings of great dis-
trust. (Hear, hear.) They had for some time been
under the rule of a minority, and Lord Derby had
done some-things badly and some things 'well, but
the advanced Liberals were of opinion that it, was
not for the interest of the country that the Tory
party should remain in power. 7 But when the.ad-
vanced Liberals came to consider the matter they

found that they could not. th miselves govern the
country if the other parties—the Whigs, Pcelites,
and Tories, opposed them ; it was, therefore, deter-
mined that all sections of the Liberal party should
unite. There was a -meeting called at Willis's
Rooms, and the, general cry was—" Turn out Lord
Derby and youshallhave a Government in which all
sections of the Liberal party shall be represented.',

That was the understanding_ at Willis's Rooms.
The parties accordingly united and put Lord Derby
out ; but when they had turned Lord Derby out they
turned in a very different sort of thing from what
was intended. Now, how had
.the understanding
come to been carried out ? The proposition was
that all the sections of the Liberal.party should be
represented in the Cabinet. Those sections consisted
of Whigs, Peelites, and advanced Liberals. The
most numerous party no. doubt was the advanced
Liberals. But how were the seats in the Cabinet
apportioned between theSe three parties ? The ad-
vanced Liberals would have been satisfied if there
had been share and share alike; but what was the
real state of things ? Why, first and foremost, the
Cabinet was formed without any member of the Li-
beral party being in it, because hitherto the Cabinet
had consisted of only 12 or 13 members, and when
these were made up of Peelites and Whigs they dis-
covered that none of the advanced Liberals were in
it. -Hallo! said they, where are those Liberals?
We shall not be ible to go on against these 146 or
156 if we do not, at any rate, make a semblance of
letting some-of them in.' If we do not do so we shall
be turned out in a week. Accordingly, they agreed
to increase the Cabinet from •12 to 16. Well,- one
would suppose that the advanced Liberals .would
have the additional four ; but no, they got only
two seats, and then two old Tories were stuck in to
balance them. (Cheers and .laughter.) That was
what they called in this Country a one•sided recip-
rocity. (Laughter.) That, then, was the actual state
of things. They had a Cabinet of six or seven old
Whigs; they had the whole of. the Peelite party;
'stock and lot, so'that if any distinguished foreigner
were to come to this country and ask to be shown,
among other curiosities, a Peelite, they would be
obliged to go to the Cabinet door and respectfully
ask one of them to come out: (Laughter.) It was
true they had left out Mr. F.' Peel. (.‘ And Sir J.
Graham.") Yes, and Sir J. Graham, but with the
'exception-.:of- those two gentlemen, the whole
,Peelite party were in the Cabinet, besides some six
or seven Whigs and a sort of doubtful man, neither
fish nor flesh, a half Tory and half Peelite—Mr.
Gladstone; and then, they had •Mr. Milner Gibson,
who was; the only real Liberal party in the whole
( Mr. Cobden.") Wait. He could not believe for
,bne moment that when that good and great man,
who did so much to cheapen the bread of the poor
—Richard Cobden, should come to this country,
fresh from •America, and see-in what way the Com-
pact had been carried out which was entered into
at Willies Rooms, that he - would' consent to join
the Cabinet. (Hear.) But if, on the spur of the
moment, he should be taken by the glitter—and no
doubt it was a great temptation to a man to be
efferal-to•be made a Cabinet Minister—if; then, for
,a moment he should be.carried away, his firm belief
was thatbeforethreemonths were over both Richard
Cobden and Milner Gibson would walk out:- -The
advanced Liberal party h-ad: not been-fairly treated
in the formation of the -Cabinet., and he believed
the good sense of the country would go with him
when he made that assertion. (Cheers.). If, then,
the electors of Marylebone should send him to Par-
liament, although it would be impossible for him
to join the Tories, -yet he should watch with some
care and some doubt the course which the new Go-
vernment might take. (Hear, hear.) He was not
disposed to trust them merely because they had got
together a Cabinet. He could have no confidence
in them, constituted as that Cabinet was ; and the
only real guarantee the country could have of the
Cabinet being infavour of advanced liberal opinions,
would be to have men of advanced liberal opinions
in it.' (Cheers.) In the absence of that,. if they
brought in good measures he would support them,
but he could not promiSe to vote for them in blind
confidence. (Hear, hear.) Something had been
said about neutrality. He was on principle utterly
averse to war ; and if' they did not meddle in other
people's affairs they would not get into so many
scrapes, but 'they must :always be prepared to
hold their own. (Cheers.) , England held a great
and a -proud position_ the first position atnong
civilisede.of nations.theShe was•the wonder and the
n
world, -.and they-: must - take dare
that she was at all times prepared to preserve
her greatness and her power. (Cheers.) But that was
not to be done by lieeping up a large standing army.
The-best policy to be pursued was to maintain an
efficient fleet, and let that fleet be . kept in. the
Channel to protect their own shores. , (Cheers.)
There were two • Advantages in a good fleet—it
could be used against an invader, and it could. not,
be used againSt the people. (Cheers.) The•-noble
la
liberal hope itnilathetihreseenletci--
ments to object to him on the ground of his -being
His,
iotsnhee
ambition;
uant ni
fowl,
hat bridged
to
ibr
ooihfkrred:eeiort:olAs, concludediaryle
Marylebone
e expressingvir
were
oo
an Irishman. .(Cheers.) He, for his part; would
o
eepr
Liberal
leosvie,eahlr't.
party
,hceohueur (Renewedefg borough
a man whom they conceived •to have better ante-
cede its and higher qualifications to repreSent them,
he waS not the person to stand in the way. (Great
cheering.)
A resolution was then proposed by Mr. Wvi,D to
the effect that the meeting apprOved the sentitnen;s
express,,id by Lord Fernley, and pledged themselves
to secure his return for the borough of Marylebotte.
Mr. ROBINS moved an amendment to the effect
that the meeting did nottleem it desirable to pledge
themselves firsUpport Lord Fc;rniov;"although they
fully approved the political opinions his lordship
had expressed. •
After some confusion and uproar, the amendnient
was negatived, and the original resolution was car-
ried -by an, overwhelming majority, amid loud.
applause. .
The following letter has been received by the
deputation appointed to communicate, with. Sir
Joshua Walmsley:— , 2
"Wolverhampton Park, Newbury,..}lants, June 22:
'a Sir•Toshua Walinsley is this Moment, 5 o'clock p.m.,•
favoured by a telegraphic message asking if,he' would be-'
'come a candidate for the representation of Marylebone; h's
name having been received by acclarnation: He feels much,
honoured by the invitation, but the: cot of the contest' for
thatlorough is too great for him to take such a responsi-
bility. He begs to express his ackuolyledgment:s to
those who have thus honoured him.
"To John WilSon, Esq."

tralia ; June 13, the Nil Desperanduni, from the
Mauritius; June 14, the barque Vandolla, =from
Demerara, and the barque Sultan, 24 days from
New York ; June 17, the brig Annie, and June 20,
an English ship, second distinguishing pendant
No. 9,582, from Whampoa.
The Mcgcera, screw troopship, Commander
George T. N. Purvis, arrived at Spithead late on
Wednesday evening, from India and the Cape of
Good Rope, &c. From her defective state she has
made a very lengthened passage home. She
brought home a few invalided soldiers, women, and
children, who were landed at Portsmouth, and

taken in charge by the military authorities yester-
day afternoon. The followingvcssels were spoken
during the latter part of the Megrera's 43assage :
On the 6th of June, in lat. 3811, long. 40, the Ito-

sario (English), from Leonis Island, for Falmouth.
On the same day, the Marseilles •(French), 40 days
from Gambia. June 14, off Fayal, the IStria (Eng-
lish), 63 days. from Montevideo. June 18, in lat.
48.10,,10ng. 21.34, the John Harley (English), 33
days from Barbadoes, for Dublin. •
Capt. Rochfort B. Maguire joined the- Imperieuse
at Portsmouth yesterday.
The Gorgon, 6, paddle, Commander Bedford C.
Pim, steamed alongside. the Pitt coal depot off
Hyde yesterday from Spithead, to fill up coal:
The Rhadamanthus steam .storeship arrived., at
Portsmouth yesterday from Devonport with a small
detachment of Marine Artillery on board, to join
head-quarters at Fort Cumberland. She will sail
this morning from Portsmouth for . Sheerness with
supernumeraries. •
The Beagle, 6, screw, Sphynx, 6, paddle, and
Shannon, 51, screw, at Portsmouth, will beat once
placed in the first class of steam reserve. In the
list we gave, yesterday of the-steamvessels in com-
mission at Portsmouth, we omitted to include the
Urgent, Commander Hire, now in No. 8 dock pre-
paring for further service.
The Pincher and Flamer gunboats were yester-
:day docked in No. 7 dock at Portsmouth.
The Simoom screw troopship, Commander Cook,
is berthed alongside the Victorious hulk in Ports-
mouth harbour, clearing out, stripping, &c. It is
stated that she will be placed in dock to prepare
for furtuer service, and her crew " paid down.
It is asserted in Portsmouth that the following
alterations will be.made in the uniform of the,me•
diedl officers' belonging. to her Majesti's navy :
Assistant-surgeons over six years' service to wear
the uniform as worn by surgeons at present;
surgeons under 20 years to wear the same uni-
form as secretary to a commander-in-chief ; sur-
geons over 20 years, the uniforth of a post
captain, with a crown on. the epaulette ;
inspectors, same uniforni as the last, with a
crown and star on epaulettes.; inspector, same uni-
form, with crown and two stars on epaulettes; in-
spector-general, uniform as an admiral.
Vice-Admiral G. Rich is to receive the goo I ser-
'N
ice pension vacant by the decease of Vice-Admiral
Sir David Dunn, K.C.H. Captain J. L. Stokes is
to have the good service pension, vice. Henderson,
promoted to flag rank. Captain Erasmus Omman-
ney is to have the good service pension, vice Jones,
promoted to flag rank.
The following appointments were made yester-
day at the Admiralty:.--Captain Thomas Miller, to
the Clio, commissioned Corn. F. D. Rich, to be
Inspecting Commander of the Coastguard; Lieut.
George Marriott, and Lieut. Y. J. W. Jervis, to the
Mars ; Lieut. F. H. S. Flood, to the Amphion ;
Lieut. W. Clark, to the
.Gladiator ; W. IL Petch,,
Master, to the Mars; F. B.' Ydul,. Master, to the
Diadem ; Samuel Winnecott, Master; to the Acorn ;
John R, Ryan, Master, to the `Gannett •, F. • 33,
-Henwood, Master, to thOArnphion; G. P. Heather,
Master, to the Clio ; J. Henderson, Surgeon, to the
Iniperieuse; William
.D. Kerr, Surgeon, to -the
Donegal ; John P. Burke, Surgeon, to the Cam-
bridge ; -James 'Mitchell, Surgeon, to the Topaze
Edwitrdtolburne, Second Master (additional),' to,
the Minotaur ; George A. F. Day, Second Master
to the Avon ; George Patterson; Second Master, to
the Nautilus ;
.John G: Barnes, , Paymaster, to the
Gladiator; William Horninian,•Paymaster, to the
Cambridge; Harry T. Nettleton, Paymaster, to the
Clio ; R o.' U. Press; rare, Cleik; to the 'Gladiator ;
iii •Ja es. H. Wallis, Clerk,. to the Clio ;
_andDaniel
V. Hamilton, Clerk, to the Amphicnr. •

THE.'

In addition to the tents erected- at the Spur, I
battery, Chath'im, for a portion of the troops
longing to the 2d battalion, a -Lumber of tents have
just'beea pitched in thegrOunds attached to the
Garrison and Fort Pitt hospitals;.in_which the con-
valescent troops now in those establishments are to
be encamped. These tents .are very commodious,
each one being capable of. accommodating 10 men.
The whole are furnished. With_ every requisite for
the comfort °lithe convalescent men who are to be
quartered in teem. During the last summer the
eiperiment of encamping a portion of the inmates
of the military hospitals at Chatham was attended
with much success, the men placed under canvas
having recovered their .health and, strength much
More speedily than those occupying the hospital
wards. During the last feW days a number of the
invalid non-commissioned officers and men who ar-
rived from India in the Eastern Monarch have been
forwarded from Port Pitt to the convalescent esta-
blishment at Yarmouth, where they will' remain
until discharged from the service. It is feared that.
the men will receive no compensation from- the Gel
vernment :foe the losses' by' the burning of the
Eastern Monarch, and although-many of them have'
lost considerable sums- -of. money—the savings of
nearly a lifetime spent in India—the only allow.
ance they have yet received from the Government
is a freekit, ,which has been supplied to each man.
The most urgent cases of distress haire been attended
to by the committee 'of the Asradiation for Reliev-
ing-the Wives and Families of Soldiers and Sailors,;
who have placed a sum of money in the hands of
Capt. Pope, of the Invalid Depot, to be distributed
among the sufferers.
The new barracks at Gosport, with accommoda-
tion for one commanding officer, two field officers,
34 other officers, eight staff' sergeants, 4,000 non.
commissioned officers-and men,--60 married soldiers,
and six-horses, will be complete in their barrack
stores and furniture, and ready for occupation by
the Ist of July.
Capt. Webb, in command of a detachment of ono
ser-reant,. one corporal, one drummer, and 48 pri-
vatl'es, belong inc to the Woolwich Division of Royal.
Marines; yesterilay Proceeded-to-Portsmouth to join,
her Majesty's . screw_ steam frigate Imperieuse,
for service. The division is now totally denuded
of service men, and consists: only of recruits and a
number of volunteers who_ have .recently joined
from Militia regitnents-in Ireland. ‘-
The Royal Glanaorgan_ Light Infantry Regiment
of Militia, tinder the-ethilinancl of Col. C. J. Kemeys
Tyntc, M.P., is ordired-to assemble at Cardiff, on.
the-14th of July next:, for 21. days' training.

LAW INTEEITGENCE—June 23.

COURT •OF QUEEN'S BENCH..

(Sittings at Nisi Prius, at Westminster, before Mr.
Justice Hill ande Special Jury.)

RUCK V. ELL AND AicOTTIER'.—ACTION FOR'
,FALSE.IMPRISONMENT Itsi A LUNATIC *ASYLUM.

( Continued from The Sun of yesterday.)

Mr. Justice Hill then summed-up the evidence to
the jury. His lordship said the action was brought
by
.the plaintiff ~to recover, damages from the de-
fondant for imprisoning him anion, lunatics from
'the sth: of November, 1857, te-thethth of August,
1858. The defendant said he was justified in what
he did ; and the .questiOriTthe: jury to determine
was, whether he was justified. It would be their
diity to dismisSTrom their minds avast deal of what
they had-heard. discussed respecting the policy_ of
the law. That was a question for neither the jui y
nor the judge, whose duty it was to administer the
law- as they. found- it..- One thing, however, was
clear—via., that most elaborate provisions had been
made by the law for; the -protection of-those who
were plaCed in the unfortunate position of being
confined in lunatic asylums. All human laws, how-
ever, were imperfect, -but, their-defects must be re-
medied by the LegislatUre. A ()Teat change had
been made in Modern" times in- the- mode in•which
lunatics were treated: Harshness and bodily ye-
straint had given way -to gentlen:Ss and soothing .
kindness, and the absence of bodily vioknee
one gentleman, Dr. Conolly, had been Troved to
have taken a prominent part in .bring abort
mit
this amelioration. -But the question now was
whether the plaintiff's-detention was justified I)3r
law. The defendant was a licensed keepc:.• rd.' a
licensed asylum, and he said the patient was brought
to him With a written order for his reception, and
accompanied by two certificates signed by. two
medical men in the form pointed. out by the statute,
and that he was justified and bound to take charge
of him till he died, or was discharged in due course
Of law. The plaintiff said there was a prOvision in
the statute which forbade a certificate to be signed
by certain parties
that Dr. Conolly's cer-
tificate ;
tificate was in violation of the Act of Par-
liament ; and that the • certificate was - illegal, -and
no justfication.
It would be a question for the
court whether the certificate, though_ sufficient in
point of forin, was sufficient in point of law. The
provision was, " that no physician, surgeon, or
apothecary who, or whose father, brother, partner,
or assistant, is whe,lly or partly the proprietor . of;
or a regular • professional attendant in, a licensed
house or hospital, shall sign -a certificate for the re,
ception of a patient into such. house or hospital,i
&c. (16 and 17 VietOia, ca,p. 90,:•sec. 12.). The
question which he Pir.`lll.stiee Bill) sliouldYeave
to the jury would be, whether they were of opinion,
upon the evidence, hodt fir, C9nolly yams " partly

the proprietor of, or a regular professional attendant
in," Moorcroft-house ; and if so, he should direct
them to find a verdict for the plaintiff for such
damages as they, might be advised. If, on the other
hand, they should be of opinion that he was neither,
he (Mr. Justice Hill) should direct them to find a
verdict for the defendant. There would also be
two other questions, whether Dr. Conolly examined

the plaintiff' separately and apart from ICir. Barnett,
and illso whether Mr. Barnett was in actual prac-
tice as a surgeon. His lordship proceeded to ob-
serve that there could be no doubt that the plaintiff
had been sufferink from delirium tremens, and he
(the plaintiff) said that Dr. Conolly and Mr. Bar-
nett were both present all the time he was being