The Sun.
London, England, 1861-01-19 00:00:00

POLICE INT.PiSLIGENCE—Jan. 18.

BOW-STREET.--1)r. Herbert Edmund Charles
Kelly, a physician, 3 'esiding and practising at
Pinner, appeared to an 3wer a summons preferred at
the instance of the Cm io missioners in Lunacy, charg-
ing him that on or atoo )ut the 26th Feb., 1860, ho
unliwfully and wilful/3 • received to board and lodge
in his house at Pinner, t he same not being a hospital
registered under the 8 a nd 9 Viet., entitled an Act
for the Regulation of the Cure and Treatment of
Lunatics, and not being an asylum or a house
licensed under the said act, one Edward Brackett, a
lunatic ; and that he (di 3fendan t) took charge of the
said lunatic without an order from the relatives of
the lunatic under the fns m prescribed in schedule B
of the said act, and witt Lout a medical certificate of
two physicians, surge 'ons, or apothecaries, as
required by the said ac t, he (defendant) being a
person deriving profit f rom the board and lodging
of the lunatic, and not h eing a committee appointed
by the Lord Chancellor.
Mr. Wellsby appeared as counsel for the prose-
cution, being instruct° d by Messrs. Vandercom,
Cree, and Law, for the I _3omenissioners of Lunacy ;
and Mr. Best was colitis(); for the defence, instructed
by Messrs. Gissing and lenrick.
Mr. Wellsby called h is Worship's attention to
sections 45 and 90 of the act, requiring com-
pliance with the con d itions indicated in the
charge. He observed •that Dr. Kelly had also
offended by not making the returns required by
the act, but this had not, been set forth in the sum-
mons. The Commission tors had felt themselves
under a compulsion of oh tty to prosecute. A gentle-
man named Brackett, Iv ho was unquestionably a
lunatic, became some ti to in October an inmate of
Dr. Kelly's /muse. Dr. had been called upon
to produce any licence or certificate, but he believed
he should be able to shoi that no such licerlce or
certificate existed. Un.d er these circumstances he
should ask the magistrt tt e to send the case for fur-
ther investigation elsex vl sere.
Mr. W. Goodman de-p, axed—l live at Eastwood,
near Pinner, My wife ii i a relation of Mr. Edward
Brackett ; his cousin. 33y order of Dr. Carr, Mr.
Brackett was sent to a, cottage in the country.
After he had been there some time, we called in
Dr. Kelly to visit him.. He appeared so harmless
that Dr. Kelly thought i t was unnecessary to leave
a man with him. He had some little delusions.
After speaking to Dr. Kelly, I consulted Mr.
Brackett's father, and ultimately it was arranged
that he should go to De. Kelly's. He went about
October. He was to te6l e his female servant with
him. He had never be D,ll out of her custody. We
were to pay three guirn !as a week. He was to stay
there about three mont he.. I know Dr. Kelly, and
have dined with him.

Cross-examined by M:r. Best—lt was not an en•
gagement for three moi it hs. I could have removed
him at any time on givin g a week's notice. But Dr.
Kelly thought that in three months he would be
recovered. I do not this ik he had paralysis. He did
not require assistance in walking, but he could take
any one's arm in a sociv J way.
Mr. W. Carr, F.R.C. S—l reside at Blackheath,
and have known Mr. Brackett for several years. I
was called in to attend 'him in July of last year. He
Was in a state of great enervation, as if from deli-
rium tremens. I atten.tled him up to September or
October. He then became subject to very marked
delusions. He thought 'that he was married to the
Queen, and that he was possessed of enormous
wealth.

Mr. Wellsby—Did lie not elevate you to the
peerage ?
Witness--Yes, he called me Lord Carr. I attri-
buted his derangement to an overstrained mind. I
perceived no paralysis. He got no better, rather
worse. After a time h e became so much less ex-
citable that I thought a..removal to a quiet place in
the country, with a mata to takecare of him, would
do him good.
Cross-examined—He was not at all a confirmed
lunatic.

Mr. John Thomas Ar lidge, M.R.C.S. and Phy-
sician to the West of London Hospital. deposed—l
have made brain diseases a good deal my study.
On Monday last, in pursuance of an order which I
had received from the Lord Chancellor, I went to
Pinner to visit Dr. Kelly and report on the case of
Edward Brackett. I explained to Dr. Kelly the
nature of the order, which I showed him. He said
he did not understand why I should be sent on
such an errand, as he had previous patients, and
such a requirement was never made before. He
said he was paid three guineas a week, and had
taken the patient at the particular request of his
friends. Mr. Brackett •was out for a walk. On his
return, I saw him in the presence of Dr. Kelly. I
examined him. He said he had several million of
horses, formic of which he would not take £89,000.
He also said he had been governor and admiral of
Bombay and commander-in-chief of all the world.
At the end of my conversation with Dr. Kelly I
said, " No question can be raised that :he is a
lunatic." He replied, " There can be no doubt of
that." I said he was there unlawfully ; there ought
to he a certificate, and. it should have been reported
to the Commissioners in Lunacy. He said he was
not aware that it was required by law. He said
he had received the patient for medical treatment
at the request of his friends.
Cross-examined by Mr. Best—He did not seem
excited, but he began talking about his delusions.
In some cases, seeing a stranger might excite a
lunatic, but I do not think it was so in this case.
Mr. Martin, chief clerk in the office of the Com-
missioners of Lunacy, deposed that no licence had
been granted to Dr. Kelly for his house at Pinner,
and that no report or return had been received in
respect to Mr. Brackett.
Police -constable Buck, 25 F, one of the summon-
ing officers of this Court, produced a copy of a
notice to -produce any licence or any certificate
relating to the case of Mr. Brackett. He served
that notice on Dr. Kelly by delivering it at his
house at the same time with this summons.
Mr. Best contended that there was no evidence
to show that the patient was received as a lunatic,
or that he was in a state of lunacy at the time. He
also contended that if Dr. Kelly had committed any
error, he had done so from ignorance of the law.
Mr. Henry had nothing to do with the last topic.
Mr. Best observed that there was no complaint
of ill-treatment.

Mr. Welisby—No, certainly not.
Mr. Henry—The charge is that Dr. Kelly has
committed a breach of the regulations, and on that
point I think there is a prima fame case. I shall
commit the defendant for trial, but admit him to
bail in two sureties of £5O each.

Mr. Best said the Commissioners might as well
have taken a turn at the poor woman who kept the
cottage. It would be a dangerous thing now to take
in a lunatic as a lodger.
_ _

Bail was then tendered and accepted, and having
entered into sureties, Dr. Kelly left the Court with
his friends.

SOUTHWARK.—FRIGHTFUL ASSAULT ON A
WIFE BY HER HUSBAND.--Edward Laudy, a power-
ful-looking man, described as a labourer, residing
in Bond-street, Lambeth, was brought up on a war-
rant by Fenmar, 227 M, charged with brutally
assaulting Catherine Laudy, his wife, and breaking
her nose in a frightful manner, so that she is unable
to leave the hospital.
Fenmar, the warrant officer of the Court, handed
to his worship a certificate from the house sur-
geon of Saint Thomas's Hospital, showing that
Catherine Laudy was confined there from a
broken nose and other wounds, and that erysi-
pelas had taken place in the head. When the
female came to this court for the warrant on Wed-
nesday she had her face covered with adhesive
plaster, and her nose was literally flattened. She
said that her husband had knocked her down and
kicked her while on the ground, without the least
provocation, and the magistrates at once placed a
warrant in his hands for execution.

Mr. W. Edwin, who appeared for the prisoner,
said'he should be able to prove that the injuries
were not inflicted as stated. The complainant was
a very bad woman, and had been actually caught
by her husband in adultery.
Mr. Burcham said that the certificate of the
surgeon set forth that erysipelas had taken place,
and that the woman was unable to leave her bed,
therefore he could do nothing but remand the
prisoner.
Mr. Edwin asked his worship if he would accept
bail, as he could assure him that the prisoner was
not to blame.

Mr. Burcham considered that as erysipelas.had
set in there might be danger, therefore he should
not accept bail under any circumstances. The pri-
soner must be remanded until Thursday next.

CLERKENWELL. SINGULAR AFFILIATION
CASE.-Mr. Samuel Elijah Hardinge, who carries
on business as a surgeon and dentist in the City-
road, appeared before Mr. D'Eyncourt to answer
three summonses which had been taken out against
him by Catherine Tomkins, of No. 40, Ironmonger-
street, St. Luke's, to show cause why he should not
be adjudged the putative father of three bastard
children to which she had given birth.
The complainant stated that she became ac-
quainted with the defendant about ten years since,
and a short time afterwards they cohabited together
as than and wife. She left him when she was two
months pregnant with her last child in consequence
of his ill-usage, although she could not say that he
was a very bad father to her children. After the
birth of her last child the defendant asked her to
go back and live with him again, and she did so in
May last. The defendant induced her afterwards
to take another lodging, and, as he did not visit
her, she was compelled to take this course. He
Wits now cohabiting with a young woman about

19 years of age, which made about the fifth or
sixth woman he had served the same. _

Mr. D'Eyncourt inquired of the complainant
what business the defendant carried on.

The Complainant—Why, he calls himself a
medical man, but when I first became acquainted
with him he was a hairdresser. (A laugh.)
Mr. D'Eyncourt—What, does he carry on busi-
ness as a surgeon ?
Witness—Yes, he gives certificates in cases of
death, and also prescribes for persons who are ill.
He also cuts corns, and attends to people's nails.
Mr. D'Eyncourt—Has the defendant studied
medicine at any of the colleges ?
Witness—He was a hairdresser. He has studied
physic, and I have studied physic with him.
The defendant, in answer to the charge, said the
last child the defendant had had was not his. Tho
fact was that the complainant left his house in May,
1859, and previous to that, for many years, he had
no connexion with her in consequence of her drunk-
enness and general bad habits. After she left his
house she formed a connexion with Mr. John
Goodall, who kept her up to July, 1860. She was
then, by the kindness of a lady of the name of
Saunders, placed in Lieut. Blackmore's Reforma-
tory at Ealing for a month or five weeks. He took
her home again because she was suffering from
rheumatics in her hands and feet.

The Defendant (to complainatt)—Did you not
commit adultery with a man of the name of Nathan
in my surgery ? (A laugh.)
Mr. D'Eyncourt said the complainant could not
have committed adultery as she was not married.
The Complainant—l swear that I have never
been false to you.
Defendant—What did Mr. Goodall allow you
money for?
Complainant—He said he paid you £1 ls. per
annum for attending to his corns, and he said I
was as good a doctor as you were, and he would
pay me the same. Mr. Goodall had allowed her
other money, as he thought that both she and the
defendant would come together again. After that
she did live with the defendant, and he appeared
very fond of the child, and used often to nurse and
fondle it, and call it " dear." (A laugh.)
Other evidence having been given by police-
constable Hughesman, 163 G, one of the warrant
officers of the court, to the effect that the defendant
had admitted he was the father of the children,

Mr. D'Eyncourt made an order for 2s. 6d. per
week for each child that was summoned for, and
granted her a summons free of costs for the other
child.

LAMBETH.—EXTRAORDINARY CON DUCT OF
TWO SOLDIERS.—Henry Osborn and Thomas Pin-
chin, belonging to the 2d Battalion of Military
Train, were charged before the Hon. G. C. Norton
with the following extraordinary offence :
From the testimony of many respectable trades-
men and others, it appeared that about two o'clock
in the afternoon of that dap the prisoners entered a
crockery shop in the Old Kent-road, and taking up
two large earthenware pans, carried them close to
the shop of Mr. Welmans, a watchmaker and
jeweller, dropped them on the pavement, and
smashed both into several pieces. They then com-
menced throwing the fragments at the shop win-
dow of Mr. Welmans, smashing a large square of
plate-glass of the value of £lO to pieces, and scat-
tering the rich and valuable wares exhibited for
sale in all directions, and had it not been for the
prompt and kind assistance of several respectable
tradesmen in the neighbourhood in protecting the
property, the consequence to Mr. Welmans must
have been most serious. Several watches, chains,
and other property fell into the street, and might
have been left to the tender mercies of a promis-
cuous crowd that had assembled, had it not been for
the prompt attendance and protection of the neigh-
bours. While engaged in the work of destruction,
the prisoners were called to and asked what they
were about, when they laughingly replied, " Oh,
it's only a lark ;" and, in fact, treated the whole
matter as an excellent joke. On their way to this
court from the station-house, the prisoner Osborn
asked the constable if he thought the square they
had broken was worth £lO, when he replied that
that was the value set down in the police-sheet, and
Osborn continued, " Well, if we had broken the
one in the City that we intended, and which was
twice as large, I wonder what that would have
been."

Mr. Welmans was not in attendance, and was
from home at the time of the occurrence; but the
person from whom he had taken the shop and busi-
ness a short time ago was present, and estimated
the damage and losses at £2OO.
In reply to a question from the magistrate,
The constable and witnesses said the prisoners
appeared perfectly sober at the time they acted in
so extraordinary a manner.
The prisoners, who seemed to treat the matter
with the utmost nonchalance, and smiled as if they
had committed a meritorious act, refused to put any
quest ions to the witnesses, or offer a single word in
defence. Having what appeared to be a "prison
crop" they were asked if they had not been to pri-
son lately, and acknowledged that they had been
to Maidston Gaol, and had left their barracks at
Woolwich at ten o'clock that morning without
leave.
They were remanded to a future day.

WESTMINSTER. LAMENTABLE AFFAIR.—
About a fortnight ago a very' respectable looking
poor man entreated the magistrate's advice respect-
ing his daughter, a girl of fourteen, who was con-
tinually robbing him. He said he was a widower,
with a large family of younger children, and the
daughter of whom he complained, instead of being
the assistance she might be to him, if a well con-
ducted girl, had formed bad acquaintances, and was
a constant source of pain and anxiety to him.
Mr. Arnold expressed his deep regret at what
he had heard, and suggested a reformatory, in
which, if eligible for admission, she might probably
be reclaimed.
The girl, whose name is Elizabeth Sibley, now
appeared on the police-sheet charged with stealing
a set of fireirons and a pillow from her father's
house, while he was pursuing his avocation abroad.
He felt no moral doubt that she had purloined
them, but was Not in a position to support the
charge by the necessary legal evidence. He again
complained of her repeated acts of dishonesty, and
said he had made application at the reformatory
mentioned, but was not in a condition to give satis-
factory information upon the question of whether
his daughter was a prostitute or not.
Mr. Arnold deeply commiserated the unfortu-
nate father, and said that with respect to the
charge against her of stealing the articles there
was very little doubt of her guilt, but in the
absence of the necessary evidence he must dis•
charge her.