The Sun.
London, England, 1844-10-03 00:00:00

LAW INTELLIGENCE.

JUDGES' CHAMBERS, Oct. 2.
(Before the Lord Chief Baron Pol. Loci()
Yesterday morning William Nash, an omnibus
proprietor, whose omnibuses run between Bayswater
and the City, was brought up on habeas from the
New Westminster Bridewell, to which prison he had
been committed by Mr. Jardine, one of the magis-
trates of Bow-street, for the period of one calendar
month, on a charge of furious driving, opposite St.
Clement's Church, in the Strand, in the custody of
William M'Ken, one of the warders of the prison.
William Ramsden, a conductor of ono of the Shep-
herd's-bush omnibuses, was also brought up before
the same Learned Judge on habeas, from the City
Compter, in order to be discharged, from a conviction
of Mr. Alderman Farebrother, charging him with
wilful misbehaviour in having deceived a passenger
relative to his destination.

Mr. Lewis, of Ely-place, attended on behalf of the
prisoners, and the magistrates' clerk of Bow-street,
and Mr. Martin, from the office of the City Solicitor,
appeared to support the convictions.
It appears that the magistrates of the different
police-offices throughout the metropolis have come to
a resolution, in consequence of the numerous cases of
complaints of furious driving, as well as misbehaviour
of omnibus drivers and conductors, in order to pro-
tect the public from danger, imposition, or incivility,
that in every instance where the offence is fully made
out to their satisfaction that they will commit the
parties complained against to prison, for the period of
one or two months, instead of inflicting a fine, which
the magistrates maintain is not an adequate punish-
ment, as the fines, however heavy, are invariably paid
out of a fund established for that purpose. The City
magistrates have also come to a similar resolution, and
during the last two days, the two prisoners having
been convicted, were accordingly committed for the
above term.

Mr. Limo, on behalf of the prisoner Nash, now
argued at some length that the conviction was lost on
the face of it, and that the complaint should have
been made, in accordance with the terms of the Act
of Parliament, within seven days after the offence had
been committed: In this instance the cause of com-
plaint arose on the 20th ult., and that therefore, tak-
ing the following seven days, the complaint should
have been made before the 27th, instead of which it
had been made eight days after, and the magistrate
had no jurisdiction. Mr. Lewis cited a great number
of cases iksupport of his argument, independent of
which he said he had two other objections to the con-
viction, which conviction he was inclined to think
that his Lordship would at once say was bad in law
The commitment did not describe the description of
vehicle that he was furiously driving; and the
complaint alleged to be on the oath of Mr. Bain-
bridge and others, and the commitment did not specify
that the oath was administered in the presence of the
magistrate, or by him, and therefore he contended
that the magistrate hid not shown that he had any
jurisdiction. In the case of "Regina e. King," Mr.
Justice Patteson had clearly laid it down that the
jurisdiction must be distinctly shown, and in that
case, where the want of jurisdiction was apparent on
the face of it, the Learned Judge said that he could
not assume that the magistrate had jurisdiction, and
it was a defect which rendered the conviction bad in
law, and his Lordship consequently discharged the
prisoner.

The Lord Chief Baaox intimated that it would be
the more convenient course to hear Mr. Lewis in
Ramsden's case before he gave his decision.
Mr. Lewis informed his Lordship that some of the
points were the same, which he would not again
argue ; but he would principally rely, that the com-
plaint was made after eight days, and also that the
party alleged to have been deceived with respect to
the route of the omnibus was not the complaining
party, and consequently it was not an offence under
the 28th section of the Metropolitan Carriage Act.
His LORDSHIP overruled most of the objections, but
said that m there were one or two very important
points for consideration, he would not at present pro-
nounce on the legality of the conviction, but would
take a day or two to consider, and should, therefore,
adjourn the case till Saturday, when the prisoners
could again be brought up. The prisoners were then
removed in custody.

ETICTION or LlNANTS.—Yesterday, Mr. John
Carrig, of Ennis, Sub-Sheriff, accompanied by Colonel
Wyndham's agent, Mr. Thomas Crow, proceeded to the
lands of Cooldens, Toureen, and Aharma, with a large
party of Infantry and Dragoons from this garri4on, itna
ejected several of the tenants. This day the same party
went o.it to eject the remainder. Colonel Wyndham, R •
understand, was offered his rents from these poor
people, but would not accept of them, his object being
to do away with small holdings, and not let less to any
than from twelve to fifteen acres.—Limerick Reporter of
Tuesday.

POLICE INTELLIGENCE.
(YESTERDAY.)
MANSION-HOUSE.

Mr. Frederick Salmon,-the superintending surgeon 1
to the Charter House-square Infirmary, appeared be-
fore Sir Peter Laurie, to answer the complaint of
Miss Rosetta Philadelphia Ta ley, and (according
to the wording of the summons to show cause why
he detained certain papers and of er property, being the
property of William Tapley, M.D., of whom the com-
plainant is the daughter and legal personal repre-
sentative.
Mr. John Walmsley, of North-street, Westminster,
solicitor, stated that he appeared upon the part of the
complainant, and it became his duty to detail some
remarkable transactions in exhibiting the merits of
his client's case. Dr. Tapley, some time ago, went
down to Gravesend for the benefit of his health, and
until he repaired to that place he had exhibited no
aberration of intellect. Within the last few weeks,
however, he had not only been pronounced insane,
hut been removed altogether, together with his
bonds, documents, and plate, from that place to
town by Mr. Salmon and Mr. Burford, the Doctor's
brother-in-law, as a person of disordered intellect, and
finally placed in Doctor Warburton's asylumupon the
strength of a certificate. Now, the object of the young
lady was to obtain possession of the papers, &c. &c.,
as next of kin to the Doctor.
Sir PETIR LAURIE—I wish to state, before you
,proceed further, that I granted this summons as the
subject matter is connected with a lunatic asylum,
and I knew that every case of alleged insanity ought
to undergo the most complete investigation. I feel the
more strongly on an occasion of the kind in conse-
quence of the'recent exposure of the case of the son of
my old friend Campbell the poet, and .1 am convinced
that inquiry, as far as is practicable in cases of alleged
intellectual malady by every magistrate, is calculated
to effect great public good.
Mr. Salmon entirely agreed with Sir Peter Laurie
in the opinion as to the necessity for the most ecru-
, pulous investigation into all cases of insanity, but
could not refrain from expressing himself with the
utmost indignatiOn at being summoned to answer
charges, the mere mention of which reflected a most
intolerable imputation upon his character. He trusted
that as the Aldeiman had granted a summons, the '
whole of the circumstances would be most minutely
gone into. For his own part, he should waive all
technical olieetions and difficulties.
Sir P. LAURIN intimated that he should not swear
any witness, as, if it so happened that his interferenoe
would prove ineffectual, the case must necessarily go
before a different sort of tribunal. He was led to
adopt such a course as the present, as he had often, by
seasonable interference, checked the fierce impulse of
an attorney's bill, for which those on both sides
thanked, and had good cause to thank him.
The summons having been read,
Sir P. LLURIE called upon Mr.Walmsley to produce
the authority upon which he appeared to act for
Miss Tapley.
Mr. Walmsley produced a letter, which he swore
was in the handwriting of Miss Tapley, and which
Mr. Goodman, the chief clerk, read, and stated it to
be a legal sanction.
Mr. Salmon wished the letter to be publicly read,
in order that everything connected with the charge,
absurd and contemptible as it was, might be as public
as the charge itself.
Mr. Walmsley said he would not, by any means,
allow the letter to be read.
Mr. Salmon—Here is Mr. Burford, the uncle of the
young lady. Ile wishes to say something in relation
to that letter.
Mr. Burford—l have seen my niece since she wrote
that letter, and she assured me that she exceedingly
regrets that such a course as this has been adopted.
Mr. Walmsley—l have reason to know that she
does not regret it; and I have witnesses to prove that
Mr. Salmon has acknowledged that he was in posses-
sion of the property she seeks.
Mr. Salmon—Possession of property I Produce
your witnesses.
Sir PIiTISR LAURIE—I have before stated that I

shall not hear any witnesses upon oath. Mr. Salmon,
I collect from the statement made by Mr. Walmsley
that Miss Tapley accuses you, first, of having given a
certificate, by means of which her father is detained
in a lunatic asylum ; and, secondly, of having in your
possession certain bonds, papers, plate, &c., which she
claims as next of kin.
Mr. Salmon, whose appearance and demeanour
expressed the very highest point of indignation,
stated that the gross misrepresentations which had
been uttered were made against a person who had
acted from the purest and most humane motives, in a
painful extremity to which an old and valued friend
had been reduced. " I admit," said Mr. Salmon,
"that I wenttosee Dr. Tapley; that I considered him
insane; that I caused Doctor Sutherland and Doctor
Burroughs to examine him, and that, with the consent
and the certificate of these two eminent men, Mr.
Burford, his brother-in-law, and I caused him to be
placed in Dr. Warburton's asylum, where he now is,
but where we do not think he will be long, as he ap-
pears to be recovering from the melancholy condition
in which we saw him. I went to him at the
solicitation of Mr. Burford, who had reason
to apprehend that, if medical relief were not
afforded, the poor man would destroy himself
with prussic acid. Drs. Sutherland and Burroughs
were of opinion that it would be dangerous to leave
him to himself. It appears that he was afflicted with
the fancy that he was full from the bowels up to the
neck, and that his food must be stuffed down his
throat. Finding him in so deplorable a condition, I
resolved to do everything in my power to render ser-
vice. I made all the necessary arrangements, and I
put into the possession of Mr. Burford all the papers
and other property of which he seemed to be possessed
at Gravesend. I have done everything I could to al.
leviate the affliction of Dr. Tapley. I have written
everything about him to the members of his family,
and here I am foolishly and wickedly charged with
having committed acts of baseness."
Mr. Walmsley, in answer to Sir Peter Laurie, said
that no doubt Dr. Tapley might have been insane. He
did not dispute that, but had submitted that Miss
Tapley ought to be put in possession of the property
which had been taken when the Doctor had been con-

♦eyed from Gravesend.
After a considerable time occupied in the making
of statements which more strongly showed the neces-
sity of the course adopted towards Dr. Tapley as re-
garded the restraint put upon him,
Mr. Burford, who said that he had married Doctor
Tapley's sister, declared that he came to London from
a distance of upwards of 200 miles to do justice to
Mr. Salmon, whom an attempt was so foully made to
injure. Mr. Salmon had acted from the best motives,
had protected and served Dr. Tapley in every pos-
sible way, and had put into his (Mr. Burford's) pos-
session every paper and other property belonging to
the patient. All that had been taken away was in
his (Mr. Burford's) possession, and he held it for the
Doctor or his daughter, who was nest of kin, be-
lieving that it would be much better under his care
than under the care of lawyers.
Sir P. LAURIB, after having heard all that is above
stated, and a great deal more, with much patience,
said that Mr. Salmon was certainly justified in acting
upon .the certificate of Doctors Sutherland and
Boroughs, and that as for the papers and other pro-
perty which Mr. Salmon was alleged to hare been
possessed of, it was evident that Mr. Burford had
taken possession of; and was responsible for, them.
Mr. Walmsley said it was satisfactory to know in
whose hands what was sought by Miss Tapley lay.
Mr. Salmon again reprobated the feeling which
could hare dictated such an insult as had been offered
to him.

Sir PETER LAURIE, at the same time that he exone-
rated Mr. Salmon from the charge of any kind of
improriety, said he felt gratified with the public state-
ment of the case. He knew that it was the practice
of the owners of houses for insane people to keep their
guests as long as they could, in consequence of the
large profits arising from the business, and he hoped
soon to see the establishment of a large institution, in
which thero would be no temptation to detain patients
longer than was necessary.