The Sun.
London, England, 1826-03-09 00:00:00

LAW INTELLIGENCE.

I cOLTRT, (IV,CHANCERY, MARcn O.
THE MATTER OF SMITH, A LUNATIC.
Mr. SIIADWELL said, that his clients would be able to bring
foiward further evidence in reply to the additional affidavits
..sworn on the other side, if they were allowed time to do so;
,and .they *ere satisfied to abide by any interim order pro-
nounced by
.the Court in the mean time.- They were anxious
to have an opportunity of doing this, In order to clear their
characters.

31r. LOVAT opposed any postponemeni of this petition, on
tho ground that when he had made a similar application it was
resisted and refused. Having read over the other affidavits,
.which had only arrived while he was addressing the Court
yesterday, he had now the pleasure to inform his Lordship,
upon the authority of several medical men, that the health of
the lunatic was daily improving, and that he had not been visit.
ed by a single fit, or exhibited any symptoms of violence, ever
since he had been removed to the asylum • neither had he offer-
ed the slightest opposition to those who asylum;
his linen.
SHADIVELL—Has he been shaved ?

' f Ir. LOVAT said, there was no proof of any attempt at shav-
ing him having been made. But even if there had, and he had
resisted it, that afforded no grounds for disbelieving all the
other fects-stated in these affidavits,

Illr. SHADwELL said, that all he wanted was an opportu-
nity of answering these additional affidavits.
The LORD CHANCELLOR, laving aside every thing that
had been stated, except in the affidavits of those who resist.
ed this petition, and acknowledging that their conduct to.
wards the lunatic had 'been grossly misrepresented, still felt it
to be the duty oldie Crown, feebly represented by the humble
individual now speaking, to clothe him with the protection of
a conimisston. Supposing his family were to apply all the
means which they possessed. to the welfare and comfort of the
lunatic, it would not be in their power to procure for him those
attentions which he might receive in his present situation. He
was also bound to say, that the commission had been opposed
under circumstances which called an him to discharge the caveat
With costs.

SnanwEra. asked his Lordship if he did not think his
clients were justified In adopting the course they had pursued
• for the protection of their characters, after the manner .in which
they had been aspersed ?
The Loan CHANCELLOR said that that would be a very
material consideration, if they could bring home these aspersions
to the petitioners. They (the family) had aright to have it said
that the facts had been grievously misrepresented; but he had
grounded his decision upon their own affidavits alone, lie would
not, however, saddle theM with the costs of the last affidavits.
Mr. SHADWELL observed, that if it had not been for the
calumnies which had been circulate() against the lunatic's fa-
mily, no opposition would have been offered to this petition.—
Now, however; that they had received their exculpation from the
lips of his Lordihip, he was sure they would cheerfully pay those
costs whatever they might be.
The LORD CHANCELLOR said, they had a right to excul-
pation at his hands so far as this, that five or six circumstances
of aggravation were stated in the publications handed up to
him, which were not supported by affidavit; as to the rest, all
lie should say was, that he felt it his duty to grant this com-
mission.

Mr. LOVAT was proceeding to ask that the remaining costs
should be paid out of the lunatic's estate; but upon receiving
a suggestion from his solicitor, the Learncd,Oentleman said that
his client waved them.

Tile LORD CHANCELLOR was sure he might leave that
question to the petitioner's own sense of equity, and the feel-
ings of his heart.
lis Lotman'' was occupied far the remainder of the day
in hearing the arguments of Counsel in the case of " Lancaster
v. Atkinson " which was a motion in the nature of an appeal
from the \;ice-Chsncellor's decision. The particulars have
already been fully reported to, the public, who will recollect
that it was a case in which one sister charged another with

having removed from an escrutoire bags of gold belonging to
the testator, to the amount of 8171.
The LOAD CHANCELLOR said he would take home the
papers, and consider what order was best to be mhde, with re.
spect to an issue to be tried in a Court of Law.
•