The Sun.
London, England, 1829-12-17 00:00:00

CONINIIS'SION OF LUNACY.

(Continued from our Paper of yesterday.)
Mrs. Brookbanlee examination continued.—My
nephew's sister Catherine went with me to the asy-
lum, and he was very indignant with her indeed.
He called her every thing that was bad. She did not
take her child with her. He called her names very
improper and hurtful to her feelings; he said that
he would spit in her face, only he had no spittle to
spare. She had said nothing to irritate him. He
had sent fix• her by a servant. The unvarying
sentiment in his mind, at the interviews which I
have had with him, is aversion and antipathy to his
mother. I made an affidavit upon this subject when
application was first made to the Lord Chancellor.
When he talked of his being enlightened from God,
he said he was enlightened by God's having tapped
him on the shoulder. He said that it was superna-
tural. He added, that he knew he should be a
great man, because God had tapped him on the
shoulder and told him so.

By Mr. BROUGHAM—I am Mrs. Bywater's sister.
lam now wife to Mr. Brookbank. I was formerly
wife to Mr. Ross, to whom E. Davies was appren-
tice. I have nothing more to tell. I would not do
my nephew any harm if I could.
_

Mr. BROUGHAM-1 know all that, ma'am; but
you must be so good as to answer one or two
questions which I shall take the liberty of putting
to you.
The witness then continued—l was before mar-
ried to a Mr. Cromwell, a surgeon. Mrs. Bywater
lived in Wales before she was married. She kept
house for Mr. Jones, of Cambridge. My sister
lived, before that time, as servant to Dr. Jones, of
Pool. She was then in service as a cook, in Lon-
don. She then married Mr. Davies, who was at the

time a porter in a warehouse.
Sir C. WETHERELL objected again to this evi-
dence. What could be the object of ripping up the
private history of these different parties ?

Mr. BROUGHAM said it was recessary to try the
conduct of Mrs. Bywater to her son in this case.
Persons who had rot been over delicate in one part
of their lives, might not be quite so delicate as
others in another part of it.
The witness's examination continued.—l lived at
Stamford-hill when Mr. Davies lived at Crouch-

hill. I often come to town, and I had at one time
a house both in town and country. I very seldom
dined in Philpot-lane, for my relations there were
always engaged in business. I dined there only
twice in seven years. I do not know how many,
but about 17 or 18 servants live with Mrs. Bywater
in Philpot-lane. Those servants see my nephew
every day. The last time that I was at the Retreat,
at Clapham, was about a fortnight ago. I have a
servant of the name of Elizabeth Price. I know
Edward Hammond. He is one of my nephew's
servants. I did not say, when I came from Clap-
ham, to Elizabeth Price, in the presence of Edward
Hammond, that Edward Davies was.as well us ever,
and that it was a shame to keep him in a mad-house.
If Hammond has swot!) that, he has taken a false
oath. I said to Elizabeth Price that my nephew
appeared very well : but I did not say that it was a
shame to keep hitn at Clapham. Ido not remember
to have said so. I will swear that I never said so.

I said it was a great pity to keep him there. I
might say that I was sorry for what I had done
against him. I was always sorry to see him in con-
finement. I know Dr. Mackinnon. He married a
niece of mine and of Mrs. Bywater. He is a phy-
sician living in Great George-street, Westminster.
I told Dr. Mackinnon that Ed ward Davies was so
well that I had put off ray journey to Brighton, in
order to take him out of Dr. Burrows's retreat the
next day. That was about two months ago.
By the COMMISSIONERS—I do not remember that
he ascigmed to me any reason for his enmity to his
mother. He said that his mother was angry with
him because he had not told his sister the value of
the estate at Crouch-hill, and what he bad given

for it. Ho did not assign any reason subsequently
for his dislike to his mother. He never assigned
any reason. When asked him for a reason, he
said, " I dislike her, and that's enough."

f his witness gave her testimony in a very loan.
dible tone of voice, and under feelings much excited.
Mr. Brougham created much amusement at her ex-
pence by his mode of de-king her to keep quiet.
" Now don't be excited, Ma'am—don't be wild !
Don't be boisterous ! Don't be irritated, Ma'am !
It's rather dangerous, you know—you see the con-
sequences." His system of soothing appeared to
be any thing but pleasing to the poor lady's feelings.
Mr. Benjamin Hands, examined by Mr. WRIGHT
am a surgeon. The first time I saw Mr. Davies
was on the 7th of August. He was then in an ex-
cited and irritable state of mind. The first thing
which struck ate as peculiar in his conduct was the
manner in which he received me when I went to
visit him. He received me at the entrance of his
house, and led me into his parlour, in a very obse-
quious manner. When we got into the room, he
took a chair and placed it for me, more in the way
of a servant than of a gentleman. lie said that he
had been confined unjustly, and that he should be
happy to meet with somebody who was his friend.
All those to whom he had been accustomed to look
up to in that character had become, he said, his
greatest enemies. His anxiety to close the doors of
the room in which we were, struck me as extraor-
dinary. He told me of an interview which he bad
had with four physicians, who had seen him a day
or two before. I asked what they had said. He
spoke very disrespectfully of them. He said that
he conceived that they had been sent down by his
mother and friends to form an opinion on his case,
and that he expected they would return one unfa-
vourable to him. He expressed displeasure at each
of them. I visited him in his bed-room on the last
day of his being at Crouch-hill. I should think
that it was on the 14th or 15th of August. I found
him in bed, partly dressed, with his drawers on, and
with a large dog in bed with him. He told me that
that dog was his only friend. It was a large fight-
ing dog. He drew up the bed from the mattress,
and took from under it a large book of plain paper
covered with parchment—it was as large as a folio
sheet of blotting-paper. He said that he had sat
up nearly all night writing in it—he had not had
tune to transcribe what he had written, and he begged
that I would read it. I looked cursorily over it.
Mr. WRIGHT.—We have given notice to produce
the book.

- - - -
Mr. BROUGHAM—We have it not.
Mr. WRIGHT—! saw it myself in Mr. Hobler's
hands hzfore the Lord Chancellor, at Brighton.
Mr. Hobler,—You have done no such thing, Mr.
Wright.
Sir C. WETHERELL—WeII, well I, no matter, let
us now proceed regularly. I give notice, that if
this book is not produced, I shall move my Lord
Chancellor to issue an attachment as for a contempt
of his order.
After some argument between the Learned Coun-
sel on both sides, in the course of which Mr.
BRouniux offered to admit the service of the
notice, and Mr, WRIGHT refused to receive it as

admission,
Mr. Miles Stone was called to prove the service
of the notice. " I served Mr. nobler," he deposed,
" with a notice, desiring him to produce certain
paper 4, being—"
Mr, PROUGHAM—The notice will speak for itself;
we must not have the witness's version of it. Prove
the service, and if we do not produce the notice, you
can put in evidence your duplicate of it.
Sir C, WETHERELL contended that this was un-
neeesa,ary.
Mr. BRouGHAai could not acquiesce in that doc-
trine. He bad offered to admit the service of the
notice in question, but his offer had been rejected ;
and it was now quite evident that his Learned
Friend was rot in a condition to prove it. All that
he had proved was, that Mr. nobler had been served
with a paper. Ilia Learned Fiend must produce a
duplicate of that paper, or he could not pretend to
state its contents to the jury. - .
The Counsel in support of the commission asked

their attorney for a copy of the notice; but it was
evidently not forthcoming.
' After a short pause, Mr. Hobler stated, that the
notice which had been served upon him was to pro-
duce a book, some papers, and a sealed packet.
There is the book, which I had the notice to pro-
duce. I have no other, and I had no other.
Mr. WRIGHT—That is not the book which I saw
before the Lord Chancellor at Brighton ; and if ne-
cessary, I will make an affidavit to that effect.
Mr. Hobler— I repeat that it is the book.
After some further altercation, Mr. WRIGHT de-
sired that Mr. Hobler should be sworn. lie was
sworn accordingly, and being examined by Mr.
Wright deposed as follows :—" That is the only
book which I received from Mr. Davies. On the
17th of August, when I saw Mr. Davies at Port-
land-terrace, he tore a number of sheets out of a
book in my presence, awl gave them to me. I left
that book in the possession of Mr. Davies, and I
have not seen it since."

Mr. Holder, in answer to other questions asked
by Mr. WRIGHT, depwed as follows :—When
first went to see Mr. Davies, at Crouch-bill, I was
shown into a parlour, where there were two persons
sitting. I did not know who they were at the
time, but I have since learned, and I now know
that they were two keepers of Dr. Burrows's. Mr.
Davies was not in that room. I saw Mr. Davies
about a quarter of an hour afterwards. I was called
by a female servant into another room, and there I
was desired to take my seat. Shortly afterwards a
gentleman came into the room, whom I immediately
recognised as Mr. Davies. He remained alone with
me, I should think, for nearly an hour. He came
into the room unattended by the two keepers of
Ivhom I have just spoken. When he entered the
room he recognised me immediately; he put out
his hand and said, " Mr. Nobler, I am glad to see
you, pray be seated, I knew you before, in Wal-
brook. You used then to be much inquired after,
and I used to see your name often in the news-
papers. I have wished very particularly to see you."
He then desired me to sit down. I sat down by
him. lie then rang a bell, and desired a female
servant to bring pen, ink, and paper. She (lid so.
On their coming, he sat down again, and gave me
a long history of his then present state, and how it
had been brought about. Ile spoke and complained
of his mother. He complained of various acts
which she had done, and which he consi-
dered as unkind. He wished to emancipate
himself from the controul of his mother, under which
he had long been placed. He said that his mother had
interfered very much with his business. He said
that she would not allow him to conduct it as be
pleased ; that she interfered too much with his shop-
men, and thwarted his arrangements for the proper
management of his business. I can't say that he
particularly complained of her turning off one of the
servants. He said that this conduct of his mother
had vexed him for years. That it had increased for
the last year. That he had a desire to be married,
and that she had checked him in that design by the
proceedings which she had recently instituted
against him. He spoke about the purchase of the
house at Crouch-hill. He said that after he bad
purchased it, he had desired his then attorney to
come down and take some instructions for his will.
The attorney did come. He showed him about the
grounds and gave him some instructions. The at-
torney asked him how he intended to dispose of
that estate by his will, and whether his sister was
to have any share in it. He told me that there was
a portion of his family which had been much ill-used
by his mother, and that he felt it to be his duty,
out of regard to that portion of his family, to leave
them part of that estate, in order that they might
participate in the success which he had had in trade.
Sir C. WETHERELL—DO you know the name of
that attorney ?

Air. Hobler—l do.
Sir C. WETHERELL—What is it ?

Mr. Nobler—l am unwilling to mention it, as it
may appear as if I was anxious to throw blame on
another professional man; but if you require me to
mention it, I can have no objection.

Mr. BROUGHAM—Youhad better state what his
name was.

Mr. Hobler—The name of the attorney is Foster. ;
He said that he was jealous of saying much to Mr.
Foster about not leasing Crouch-hill to his sister,
as that gentleman had been an old sweetheart of
her's. He continued the conversation with me some
time on that subject. He spoke kindly and feel-
ingly of his mother, and without so much agitation
as I should have shewn myself under similar cir-
cumstances. He said that though it was very un-
pleasant to his feelings to make such a statement, he
thought it right to state to his confidential solicitor
who his father and mother were. He said that his
father was a porter in a warehouse, and his mother a
cook in the family, and that they bad married. He
said that his father had died when young, and that
he had been in the spirit trade—that in point of
fact, he had kept a public-house. That his mother
had married again, and that he was anxious to leave
part of his property to her husband's family, because
he was anxious to repair the injury which she had
done them. I knew nothing of this story pre-
viously, not even the names of the parties to whom
it related. He said that he had been eminently
successful in business. He said that he had pur-
chased a place at Crouch-hill, and that it was worth
more than he had given for it. He had bought it in
June. He did not say any thing about a robbery to
me. At this period of the conversation Mr. Day and
Mr. Lawrence came in and interrupted it. Mr. Hands
came in afterwards. Mr. Lawrence came in his
carriage, Mr. Davies got up and said, " That is
Mr. Lawrence, my confidential medical adviser." I
have heard what Mr. Hands has this day said. Mr.
Hands, Mr. Day, Mr. Lawrence, and myself, %vete
all of us in the room together. When Mr. Law-
rence came into the room, Mr. Davies retired. Under-
standing that Mr. Lawrence was in the house, 1
sent toy card to him. Mr. Day afterwards came
into the room with Mr. Davies. Mr. Lawrence
asked after his health. Mr. Davies said, " Thank
you, Sir, I feel a little better!" Mr. Day conversed
with Mr. Lawrence, Mr. Davies being in and out
of the room. Mr. Hands, Mr. Lawrence, anti Mr.
Davies went towards the window, and there some
conversation ensued. I joined them with Mr. Day,
and we stood together some time. Mr. Lawrence
spoke to Mr. Davies about his being in a retired and
lonely place, and asked him how he should liken
change of scene. He made, in reply, a witticism
to Mr. Lawrence; he said " 1 must joke, even at
the cannon's mouth." I observed Mr. Davies was
given to joking and sarcasm. Mr. Lawrence said
that it had been proposed that he should go to the
house of a lady in the Regent's-park. Mr. Davies
said, " Anywhere where you think it necessary, I
am ready and willing to go." Whilst Mr. Davies
was out of the room, a proposition was made in the
presence of Mr. Lawrence and Mr. Day,—l do not
think that Hands was present, but I am not sure,-
that he should return to his mother. I said to Mr.
Lawrence, " There seems great agitation in the
mind of Mr. Davies on the subject of his mother's
conduct towards him." As he seemed inclined to
allow me to exercise considerable influence over
' him, I. asked Mr. Lawrence whether he thought
that it would be advantageous for me to use that
influence in removing his prejudices. Mr. Lawrence
said, " It was very true that subject had produced con-
siderable agitation in his mind, and that if a reconci-
liation could be effected between him and his mother,
it would be of great advantage. I then proposed call.
ing on Mrs. By water,and telling her so. Mr. Lawrence
said, " Put it as your suggestion, in which I con-
cur." Air. Lawrence showed me a card on which
the address was written, to which he proposed to
have Mr. Davies removed. I went to Mrs. Bywater
the next day with that proposition. I was very
rudely treated. She said that I had been there the
day before, with that rascal George I3ywater, and
I that she stipposed that he had taken me up to her
son. She said that Mr. Lawrence had told her that
my visit was very improper. Mrs. Pugh, her
daughter, was there also. I ought to have stated
that when W. Lawrence gave me the card of the

add: ess to which Mr. D►►vies was to be removed, he
told me that Mr. Pugh had taken the lodgings. In
consequence of this representation, or rather mis-
representation of Mrs. Bywater, I wrote to Mr.
Lawrence on the subject. I had an answer from
him, with which I was perfectly satisfied. I resumed
my attendance on Mr. Edward Davie•. I saw him
at Portland-terrace on the Monday afterwards. I
saw him for two or three hours. I took tea with

him, and conversed with him on the subject of his
treatment. I was in Mr. Davies's bed-room at
Portland-terrace. The keeper was not in the room
with Mr. Davies when I entered it. There were
no razors in his bed-room. He said that he
had been treated as a lunatic—that the looking-
glass was fastened to the wall—and that there
were various other minor grievances, to which lie
ought not, as a gentleman, to submit. I went to
see him a;ain at Portland-terrace, but was refused
admittance by Mitten, one of Dr. Burrows's keep-
ers. He told me that the name on the card of the
house to which he was told that he was to be taken
for the benefit of female society, was Mrs. Ricketts
and Mrs. Wardell. He told me that he found that,

instead of being the kind of house which had been
represented to him, it was the house in which Sir
Paul or Mr. Paul Jodrell (I do not recollect which
name he mentioned) had been confined. When the
conversation took place at Crouch-hill about his
house, I used my influence to recommend him to
go. He complained to me of having been deceived
by us. On my first entering the room in which he
was in the house at Portland-terrace, he was much
affected. He rose and almost embraced me. He
said," I am very glad that you are come, for I was
told that you had given me up." He said, " Your
b'll was sent back to me yesterday, with this mes-
sage, '6 See, your attorney has done with you."
He gave me back the bill which I had sent in to
Mrs. Bywater, for my attendance on her son at
Crouch-hill.

Sir C. -WETHERELL—Your bill! then you took
care to send in your bill.
Mr. Hobler—Yes, and there it is for inspection
(placing it on the table), It is drawn up, and was
delivered by one of my clerks, now present : and if
vou wish to have my opinion on the subject, I have
been engaged in but one commission of lunacy, and
I have no wish to be engaged in another. After
Mr. Davies had given me back that bill, he began to
talk about it, and I had some little difficulty in
calming him. When I attempted it, he said, " Look
about you, Mr. Hobler; see the glass fastened to the
wall, the bars at the window, and then consider
whether I can be placid in such a place as this ?"
We then sat down and conversed on various mat-
ters. He said, that from the way in which Mr.
Lawrence had lured him to, and left him in that
house, he was desirous to have some disinterested
medical man to attend him. No person was named.
Whilst we were discussing these matters, Mitten,
the keeper, brought us in two cups of tea. I took
one, and Mr. Davies took the other. At this time
he was quite calm. Whilst we were thus engaged
together, Mr. Lawrence came in. On hearing that
I was with Mr. Davies, Mr. Lawrence wished to
see me in another room. I supposed that it was on
the subject of my letter to him. I did not go to
him. When Mr. Lawrence saw me, he said to me,
" I have written to you on the subject of your let-
ter." I said to Mr. Lawrence, " I have not yet
seen it, but 1 have no doubt that I shall get it when

I return home." We then all sat downi together,
and conversed, among ether matters, on the subject
of tea. Amongst other things which Mr. Davies
said, he remarked that the best tea in his shop was
6s. 6d. a lb. Mr. Lawrence said, " I drink my tea
at ss. 4d. a lb." Mr. Davies said, "If I may give
my opinion, Mr. Lawrence, you had better drink it
At Gs. Gd. a lb."

Mr. BROUGHAM—For my o:vn part, I would ra-
ther drink my tea with Mr. Davies than with Mr.
Lawrence.

The witness continued—Mr. Lawrence soon left
us. I then conversed with Mr. Davies for some
time afterwards on the subject of his release, and on
the best means of obtaining it. He asked me what
would be the speediest mode of producing it. I
told him. Subsequently, I spoke to him about
getting his release by suing out for him a writ of
habeas corpus; but there a difficulty met me, as
there was no Judge in town in consequence of the
assizes having takes them all upon different cir-
cuits. I recollected, however, that the Lord Chan-
cellor had jurisdiction in these subjects. I explained
the whole !natter to him, and he understood it im-
mediately. He understood it much sooner than
many of my clients, whose sanity has never been
doubted, would have understood it. As it was
growing late, I told Mr. Davies that I must leave
him. Just as I was going, Mr. Dobson, a little
dealer, who bud been in Mr. Davies's employ, was
announced. But before Igo to that, I hope I may
be permitted to state a circumstance which happen-
ed ut Crouch-hill, and which I forget to mention at
its proper place. When I was with him at Crouch-
hill, he pulled out a book, and opening it, said to
me, "Look here—on the 7th, B.h, and 12th of Au-
gust, all the time that I have been in confine-
ment bete, they have been sending to me for in-
structions how to conduct the business in Philpot-
lane, which they do not know how to conduct
without me. Look, here are my calculations,
as to what ought and was to be done." Previ-
ously to Dobson's coming into the room, Mr. Da-
vies said to me, " As it is very likely that all my
papers will be taken from me, you had better take
away with you all these letters. God knows that
they are not the most sensible that I ever wrote—
but some allowance ought to be made, cruelly treated
us I have been, and still am." Ile then tore several
leaves out of a book, and gave them to me for safe

custody. The papers, which were torn out of the
book, were the letters which I have given in, and
the calculations in his own hand-writing for the

amount of tea transferred to his shop during the
time of his being confined to his house at Crouch-
hill. The other papers which I have were left at
my office by Mr. Dobson, who, as I said before,
came into the room whilst I was sitting with Mr.
Davies at Pot tland-terrace. Mr. E. Davits then

gave me a sealed packet, a cash-book, and a large
bundle, which he said contained tea-warrants. The
deposits he said had been paid up on them, and the
prompt would be due, I think, but am not certain,
that he said on the 28th of September. He said
that Mrs. Bywater would have to procure 5,0001.
to make up the prompt. He told me also that his
bankers bad refused to cash his cheque for 2001.
•I his is the cash-book he gave me. On the margin
of that cheque is written in short hand " to lend Mrs.
Ings 200/. for three weeks." Mrs. Inge lives at
Mount-pleasant, Gray's Inn-lane, where she keeps a
small brewery. The letter which Mr. Davies ad-
dressed to me, desiring me to call on him at Crouch-
hill, was not intended for my father. My father is
clerk to the Lord Mayor, and is well-known in the
city of London.
Sir C. WETUERELL desired that that letter should
be put in and read. llis request. was then complied
with.
The witness, after apologizing to the Court for
being obliged to retrace his course very often in re-
counting the particulars of the interviews which he
had had with Mr. Davies, and after attributing the
apparent want of chronological arrangement in his
detail of them, to his not having been prepared to
undergo any examination, proceeded to state the
conversation which he had held with Mr. Davies, as
to the refusal of his cheques by Messrs. Hanley. He
told me (continued the witness) that he would draw
two more cheques on that house, one for 2001. in
favour of Mrs. lugs, and ar,other for himself, and
he expressed a wish that I would precent them.—
This was on the 7th of August. He then wrote
two letters, one to Messrs. Flankey, desiring them to
pay his cheques; and another to me, authorizing
me to receive the money. These two letters were
put in and read.
The first was to this effect :---" Messrs. Henley,
I will thank you to discharge the cheques which
Mr. Nobler will present to you, and to make up my
bwk, and to give me an account of the money which