The Sun.
London, England, 1850-07-11 00:00:00

state of things which could induce him to revenge it on
so amiable a personage as her Most Gre cicus Majesty.
Why, the very act itself had almost subjected him to the!
vengeance of en infueLtt-el multi!ude, naturany outraged
by so dastardly an act. Looking at all these things,
!hen, coupled with the antecedents connected aita the
prisoner, who could hesiwe that this strange act was
the result of some momentary impuhe et a disordered
mind? He would lay facts bef .1 e them, and then it
would be for the jury to deciC,e whether or no they
satisfactorily made out the plea of insanity.
The prisoner remained unmoved during the address
of his Learned Counsel; indeed, he appeared to pay no
attentica to it, but devoted his attention to scrutinising
the people in court.
Colonel John Bandeley examined by Mr. HUDDLE-
STONE--I was Lieutenant-Colonel of the 10th Ilusears
at the time prisoner joined that regiment in 1841. Ile
joined as cornet; he afterwards became lieutenai.t; be
was in the regiment till March, 1846. When the pri-
soner joined the regiment was in England. In 1844, a
portion of the regiment was at Clare, and at Clonmel.
The very first day the prisoner joined there was sense-
thing strange about him; his hair, for instance, was cut
very abort, indicating a belief that his head had been
shaved. As an officer be discharged his duties to my
satisfeclon, and he was very much liked by his brother
officers and the regiment. Ile was always mild and
gentlemanly in his behaviour. After an accident oc-
curred to his horses, I noticed a change in his conduct.
The prisoner was of a very aensitiva ckpositior, and he
felt hurt as his father had made a claim upon his brother
officer for the lusa of his horses, whose death were occa-

sioned by the bite of a brother tffic.r's dog.
The dog belongs to Major Wallington. He never
after that pe:in took much interest in his profession,
nut continually took long walks in the will d:stricts.
On one occasion he complained to me cf L&ng unwell,
and could get no relief from the medical utficr of the
regiment. I asked him what was the mattsr with him,
and he said his bowels were full of brick, aid tie doctor
had not the skill to remove them. H wa; constantly on
the sick list after this. On another occasion I sent him
with a detachment from Newbridge to Dublin, with or-
ders to return on the following day. He, however, did
not return, and I understood that he went to England.
This was an offence of a serious character, and I telt it
to be my duty to communicate with the Adjutant-
General on the subject. He returned to the regiment
in about nine or ten days, when he appeared
very wild, and could give no account t f himself. I,
therefore, felt it. to be my duty to make a representation
to his Lather on the subject of his sanity. Two months
after he left the regiment.
Cross examined by the ATTORNEY-GENERAL—On his
return he told me that he had been iu England, and he
was put under arrest. He did nut remain in arrest till
he left the service. After he was discharged from ar-
rest he continued to do his duty as before.
Re-examined—From his general conduct I should
decidedly say his mind was affected.
By the COURT—My opinion of his state of mind was
such, that, had I been General, I should have required
him to sell ont. _ _ _

Captain Frith examined by Mr. CocßnußN—l am
paymaster of the 14th Light Dragoons. I was formerly
in the 10th Hussars. I joined that regiment about
twelve months after the prisoner. I vows very intimate
with him. and I know he was very much liked. After
the loss of his horses I observed a great change in his
manner. It excited general rema:k in the regiment.
Ile of.en absented himself from the mess, and on one
occasion he complained to him of the messmau and the
cook. He said he was afraid they had conspired to
poison him. He made the complaint seriously.
By the COURT—I understood him to mean that poison
would be mixed with the dishes tor the purpose of de-
stroying him, and I pointed out to him that such a pro-
ceeding would kill ether persons as well as him.
Examination continutd—l frequently heard him com-
plain that his inside was filled with stones and bricks.
At this time he was wild and excited in his manner,
without any apparent cause, and my opinion was that
his mind was impaired owing to the loss of his horses.
When the prisoner left the regiment he made a present
of his accoutrements to the adjutint, which was rather
unusual. On the evening of the assault I met the pri-
soner mid way between Duke-street and Cambridge
Howe. He af peared very much excited, and was
throwing his aims about in a peculiar ma.iner. He al-
ways carried a stick with him. The e was always
something peculiar in his gait, but I never saw him so
excited as on this occasion, v.bich cauted me and e
friend to make remarks about him.

Cross examined by the ATTORNEY-GENERAL-Hi
rPeog,,nised me in a ',try eccentric and wild manner.
His gait was always exis::gt rated and .trat;ge, w much
so that the people turned round in the streets to look
alter him.

Sir Thomas Munro examined by Mr. IIUDDLESTONE-
I joined the 10th Hussars as a captain in 1842, and I
was with the ptiaouer before the accident happened to
his horses. I saw him at Newbridge afterwards, when he
seemed rather more odd than he had been before. He had
always appeared strange. His manner and conduct was
matter of observatii,n and comment in the regiment. I
have seen him once since he left the regiment. It was
in the Green-park, at the beginning of this 3 ear. He
was walking very upright, very fast, and throwing his
arms about. in a strange manner.

Thomas Penn, a corporal in. the 10th Hussars, ex-
amined by Mr. COCKBURN—I was in the regiment when
Mr. Pate joined, and I had charge of horses in
the same stable with Mr. Pate's. I rememb rhe had a
very fine Newfoundland dog, which was destroyed under
a general order. It was supposed that three hones be
longing to Mr. Pate had been bitten by a mad dog which
had belong,cl to Major Wallington, and they were shot.
Mr. Pate said he did not know what Le should do if his
favourite bay horse was killed. lie was afraid he shout:
be almost ready to go and make a hole in the tic: r.
lie was vary much depressed acer the dual of his
horses.

George Pitt examined by Mr. lIUDDLESTONE—I am t
sergeant in the 10th Hussars, and was in the regiment
at the same time as Mr. Pa!e. Mr. Pate was le r)
much attached to his hortes, and after their death he
appt-ared much depressed in his spirits and eccentric in
his manner.
'I laumal Martin, examined by Mr. ITCDDLESTONE-1
am trumee-ter in the 10th Hussars, and I kuew Mr. Pate
.vfien be was in that regiment. Alter the death of hie
horses his manner seemed strange, and the general re-
mark of the regiment was that he was not right in his
mind. He often stood about as if lust in thought, and
then suddenly he would start up and march off, as it
walking f,or a wager.
Mr. Robert Francis Pate, examined by Mr. COCKBURN
—I em the fatter of the prisoner. I rem, mber his leav-
ing the regiment when it was in Ireland. Ile came dose('
tome at Wiabeach, and tiaid became away without orders.
I was astonished to see him, and asked what was
the occasion. He_said ho had been hunted about the.
public streets in Dublin, and had seen the same people
waiting for him. Ile therefore made his escape, aid got
to London in a vessel coming to Liverpool. I could not
let him remain with me, alio I told him he must return
directly to the regiment, as I did not know what might
be the consequence. I was afraid he Ni ould be shot, and
he promised to go back the next morning. Ho cid gi
and afterwards I reeeived a letter from bli Colonel, ad-
vising me to take him out of the regiment. He came again
to London, where I met him. After he had been in London
some little time he sold his commission, without m)

knowledge. When I heard f this I again came to Lon-
don, and ascertained that he had sold eut for 1,8001.
Abort a year and a half afterwards I received a com-
munication from a medical man, which induced me to
come to London. I found him in Duke-street, and bis
manner was so strange that Iconsulted Dr.Connolly abou.
the state of his mind. In the meantime my daueet .r
came to town, and Dr. Connolly advised me no* to tali,
steps to confine elm while his sister was in town. Dr.
Connolly did not see him.
Cross-examined by the ATTORNEY-GENERAL—When
my son came to me in 1844 he told me that he had left
without leave. We had very little conversation, as I was
anxious that he should return. When I ascertained that
he had sold out, he told me that he got 1,8001. fur
his commission, and should have 1,2001. left when he had
;said his debts. I seldom saw him, but I heard of him
through a li);:,ctor Starkie. He always appeared to be
unsettled and unconatort ible I did not know how to
go about to get him into an asylum, but I always felt
that he muit go into one.
He-examln d—l was afraid he would be shot 1, r
leaving his regiment, and I told him so. Ile said le
could not help it if he was.
Charles Dud win, examined by Mr. HUDDLESTONE—
I was form, rly in the 10th Hussars. I was servant
to Mr. Pate after the loss of his horses. I
noticed his conduct and manner, which was
always very strange and eccentric. I ~ccompanied him
fromNewbridge to Dublin. We went to Morrison's
!Hotel. He left me there, and went away. I ultimately
fLind that he had been to Kingstown. He gave me no
intimation of his going, but 1 subsequent!) found that
England.
he had gone over to After he came back I
had opportunies of noticing his conduct. He seemed
more melancholy than before he went away, and se-
cluded himself as much as he
liked ..by the officers and men. In He was very much
rrtrgreinall:ezt IMejrocinne,dlBh46is,
after he had left; the
service in German-street.
were regular;
was thrown from hiss horse. Hismhavhat in 1847 he
be used to wash his head in a basin that heldthe water
two pail.
half of
with
of water. He used also to bathe, mixing
whisky and camphor, generally a pint. atid
fluid mixed with 2 oz. of camphor served him fotrofhthe
mornings. Whikt in the bath he used to shout and tmaker
a noise, and sometimes sing. which rather amused the
people of the house. He never mixed in parties, and always
kept the blinds down in the room I%nere he sat, which
was on the ground floor. livery day, at a quarter to
twelve, he invariably went to dress, and at a quarter to
three he came down and entered a cab, which was always
waiting for him. He paid 9s. fur the cab, and always
insisted upon having 63. and a large penny to pay for
the gate. It was always the same cab that waited for
him. He would not have any half-crowns or sixpences
amongst the nine shillings, which I tird to place every
day on his dressing table. In putting the 61 and ld., be
would never have two halfpence t.r Lt, salad penny. His
dress was always the same winter er) summer, but
he always continued his fire in summer. He went
away in the cub ev, ry day fie is months, during which
time he never re ccived company !lit onc,.
Cmss examined—That was on a Derby day. He was
rink:War in the men' gteetnt t f his affairs, and paid his
bills Tegnlarly. He kept the reeeip s. He paid his
lodgings and my wake. very regularly. Except the
ecceneliciti,s he was very regular, but he was Wee) s
wild v .nd strange, which ettraeted the attention of every-
body..
8../ the COURT—He used to read books. He read the
nurseey rhymes through. He read Rupiah's works. I
never knew h Cs read a religious book, nor did he ever
go to church, he tit.ed to go in the cab on a Sunday the
same as any other day.
William Baker Lea examined, by Mr. Cc:crew:RN—l
drive a, cab, and I remember I used to drive Mr.
l'ltt,e in 1847 regularly every day. I was obliged to be

TILE SUN, LONDON,

at his houso punctually every day at a quarter past
three. I used to drive him down Brompton-road over
Putney-bridge to Putney-heal to one pt..rt(calir sp( t,
where he got out. He then walked ',l-Ir4.u,:b tie thickest
of the hushes in the heath. He all aay :went the same way,
and I used to meet him at a,-pond on the other side cf
the he h. He used to.--srtid at the pond koktug in-
tently into it, and suddenly he would start up, jump into
the cab and tell me to d. ive if ai last as I could. Soon
afterwards he would tell me to pull up and go at a loot
pace. I drove him along Roehampton-late to Barnes-
common, where he would again take a wslk
amongst the bushes. He always got down
and got up at two fixed spots. We returned
home over Hammersmith-bridge. He always be-
haved very strangely in the cab, and no matter whether
it hailed or rained, he took the same walk. In winter
it was-eh-irk before he reached the common; he always
had a small .tick with him, which he us, c 1 in a very
strange manner, and people used to stop me and ask it
he was mad. I have repeatedly been stopped by gen-
tlemen in that way. This lasted from fifteen to
eighteen months every day. At first he paid
me 10g., but one day he said he would only ply me 9 .
He always paid me in shillirgs in a row, with
the face of the man upwards, and always looking the
sime way. Ho paid a shilling and a p.-any tor t(.1:-
ga'cs, wh:ch were ulways laid on the cushion of the cab.
Ihe cabmen on the Piccadilly stand always made ob
servatiens about his conduct.

Cross•examined.—Sometimes he used to get wet

through, which always pleaf ed him, and after running
over the thicket, he would return and ;ay he had much
eijoycd the tail storm.
By the Col:RT.—lt is now two years ago since I
ceased to drive him.

Mr. Charles Mason, examined by Mr. HtiDDLESTONE
-I keep a livery :table in Park-lane. 1 know Mr.
Pate. In 1846 he used to hire my horses. On one occa-
sion he had an accident with one of them. Since 1847,
I bare seen him three or four times a week, passing
down Piccadilly, and latterly I have observed that he
has been very strange in his manger; indeed, last May,
I told my foreman that I thought he was losing his
senses.

Mr. Jas. Storton, examined by Mr. COCKBURN—I am
a surgeon, living in Sutton-row. In 1849, the sister of
Mr. Pate came to live with my family. Mr. Pate used
then to visit me. In 1848 I met him once in Kensington-
gardens, and as I thought he was insane, I told my wife,
who was with me, not to attract his attention. His look
was always that of a man whose mind was vacant. 1
did not know him then, but when ho came to see his
sister, after 1849, I had conversations with him which
still induced me to believe that he was insane. Oa one
occasion when he visited me there were some gentlemen
of classical attainments present. I advised him now that
he bad left the army to go to college, and obtain
a classical education to fit him for some otter
prof-ssion. He said, " Ohl I don't believe there is
a man in England who could teach me or
anybody else the classics." Ultimately I thought it ne-
cessary to communicate with bis father, who is a friend
of mine, on the subject of his intellect.
George Feron Gardner, examined by Mr. HUDDLE-
STON E—l am one of the Burlington-arcade beadles. I
have frequently seen the prisoner passing up and down
Piccadilly. his manner was always strange and eccen-
tric, so much so that people used to say he was mad.
Mr. Inspector Squire, of the Metropolitan Police,
examined by Mr. CCcKBURN—I have known the pri-
scner from his Leinc; much about town. Ile always car-
ried a stick with him, which he used in a very strange
and wild manner, which induced me to give him the

name of " cut and thrust."
Cross-examined —I have known him for some two
years and more. I never directed the police to watch him.
John Murray, examined by Mr. lIUDDLEST3NE-I am
keeper cf the Buckhill-gate of Kensington-gardens.
About two years ago he passed through the gate every
day at one o'clock. He behaved himself always in a very
extravagant manner, but never spoke to any one.
The O'Gorman Mahon, M.P., examined by Mr.
CLARKsox—I am acquainted with Mr. Pate. I have
known him 10 or 11 months, and I have had repeated
conversations with him. From the first day I ever saw
him I concluded that he was not sate, and subsequent
experience confirmed me in that opinion.
Cross examined—He always behaved 113 a gentleman.

He had the instinct that naturally guides animals, and I
Rio not think he would do an ungen.lemanly or dishonest
act.

Re-examined—He is the last man in the world whom
I ttiought µould have been guilry of a disloyal act.
The Hay. Charles Bi9ci,e, the Lecturer of Bow Church.
examined by Mr. BUDDLESTONE—I have met Mr. Pate
at Mr. Storton's, but before that I knew him in the street
by sight. The co..versation I lysd with him induced me
to think he was not in his sound senses. On the evening
of the 27th a June I was going to dine at the Army
and Navy Club, when I saw Mr. Pate standing at the•
west gate of Cambridge House. He appeared more
excited than usual, and his manner was altogether
strangely wild.
Cross-examined—He generally threw his heels up so
nigh that I was often surprised how he sustained his
equilibrium. It was more his manner than, his convef-
sation that induced me to think him insane.
Dr. Connolly, re-examined by Mr. CocKBURN—I am
a physician, and have devoted my attention very much to
insanity. lam physician to the Hanwen Lunatic Asylum.
I was applied to by his family last November, when
his previous habits were described to me, and thinking he
was improving in them by going into society, I, recom-
mended that no steps should be taken to irritate him.
I have seen him since he has been in custody, and in my
opinion he is of unsound mind. I form that opinion in
s cunnidirable degree from the conversations I have
had- with him.
,In his present state he presents an ex-
imple of a person of very slender mental, power of no
ambitioe, and altogether unfit for any occupation cf life.
In conversation he is able to distinguish between right
and wreng, but otherwise I thii.k he is not.
Cross-examined—His disposition is frivolous and
idle. He is well aware that he has done wrong.
By the CounT—Has he any delusion, such as fancying
himself the Emperor of China?
Re-examined—He does not deny having done this,
nut he can give no account of it wha,ever. He seems to
ha% e acted under some strange morbid impulse.
Dr. Munro, examined by Mr. lIUDDLESTONE—I have
had five interviews with the prisoner since he has been
in custody, and from my observation of him, and what
I have heard to day, I certainly believe him to be
of unsound mind. From his own lips I have
had an account of how he left Ireland in

80, and certainly then he was labouring under delusion.
Cross-examined—He was aware, perhaps, that ho ww,
dolt g wrong in many things; he certainly is capable of
distinguishing between right and wrong, but he is, never-
dieless, suffering from morbid insanity.
Re-examined--His whole history induces me to believe
'hat he is decidedly insane.
Mr. Baron ALDERSON remarked that that was a
question which must be left for the jury and Court to
decide. So long as he remained on the bench he would
hot allow medical men to take upon themselves the faun-
itons of the Court and jury.
Dr. Munro had only given his opinion; he was not
&ware that he bad done wrong.

This was the defence.
The ATTORNEY-GENERAL replied, reminding the
jury that if they were of opinion that the prisoner was
incapable of distinguishing between right and wrong,
he would be subjected to imprisonment for life, while, if
,hey found otherwise, the punishment would he of a more
minor chat actor. Now, it was said that as there was
nu motive for this act, it must have resulted from mad-
to.ss ; but if he was not mistaken, from the earliest ages
,1 which they had any history or account, persons in.
elevated situations had been the subjects of attack and
insult at the hands of parties who were anxious
Lu obtain a morbid notoriety. It was this
very knowledge, backei by experience of similar oc-
currence s in modern times, which induced the Legis'ature
pass the Act under which this prisoner was arraign.. d,
Ind b. fore the jury could acquit him of the offence with
ehtch be was charged they must b:. satisfied be) and the
possibility of doubt that bis mind had been so
impaired that he could not distinguish between
ight and wrong. This was no new doctrine.
It was a rule laid down by no less a judge th.n Lord
dale himself, and if the jury would just consider for one
inoment they would see that the maintenance of this
rule was for the interest of the public. Some short wh le
,go. however, the rule of law in deciding sanity or in-
,ii‘ity in cases of this nature was settled by the judges
upon questions propounded by the House of Lords
oi,,ing out of the doubts which had been created by
Al‘Naughten's case. It was then laid down that if a
party was sensible of doing injury at the time of his
committing an unlawful act he was liable to le! punished
for it, and the immediate question for the jury now to
decide was this—did the prisoner know and feel that he
;vas doing wrong when he struck the Queen? if he did,
;hen they must convict him accordingly, but if, on
the other hand, they did not think heiknew what he was
ebout, they must acquit him on the ground of insanity.
~Nell, then, was the eviuence they had to day incen-
sistent with the existence of a state of mind capable Of
discriminating between right and wrong ? Certain ly it
established that the prisoner was an extra-
ordinary and eccentric man—it did nut prove
that he was so mad as to .'make him an
eeesponsible agent. The past conduct of the pri-
soner must convince everybody that he knew he was
doing wrong. Fer instance, immediately atter ho was
taken into custody, he was so far alive to his own interest,
:hat he warned the witnesses to think before they spoke,
e bile he observed the blow could not have been a hard
one, clearly showing that ho knew what he was a',out
:lad laboured under no mental delusion or disease u hich
should excuse him !rem the consequences of the act.
Mr. Baran ALDERSON, in summing up the case, told
the jury that there could be no doubt as to the fact that
the prisoner struck her Majesty with some degree of
violence, and therefore the whole question to be &Tided
'iled upon the state of mind he was in at the time the
act was
ieo
thhi
his sound
tdsohooneoe
was.d
o f sensesuo day,stoooodmind
a and
when washe for him
committed
to
he offence. Now had the evidence proved that? The
jury elitist take this as the law, that before they could
acquit a prisoner on the grourd of insanity, they must
be satisfied that the prioner's insanity induced the. colt -
tnittal of the offence he was charged
w.:s a delusion to suppose that intaty r:6ecleths:ar:ll;
rendered a man dispunishable for an utile% fel ate; be-
fore that state of things could exist it muq bay shown.
that the disease of the mind under which the pHs ,ner
lehoured rem ere d him incapable of judging between
fight and wrong, or whether at the time he was betrayed
int., the act he knew that the tint was a wrong and un•
lawful act f.r him to do. Now, did the evidence
d fee the a fferice ;Accord wi.h tkose prin-
at one period tie prisoner appeared t„
particular delusion, hut though
lusion mint fool! beol a very eo thiellee,
ilac'l.l:l#2thr.(Tirret:i.'tiguYer a
his unfortunate g, nt.tema!, fer
it was no more a defence e
murder were
s crtahsoeyet
thanwitebswinOtrild have been a defence to
an 801011 had he sedaced his neighbour's wife at the ,