Star.
London, England, 1819-08-27 00:00:00

• --- 140;;B:TELLIGENCE.

COURT OF CHANCERY, AUGUST en:

PC THE MATTER OF ENS.—LUNATIC PETITION.
The patticulars of this most interesting case were I
given at considerable length on the 17th instant.. It
ill be recollected that the Lord Chancellor, in giving I
I is Killion on the nierits of the petition, was appre-
hensive that there was net. sufficient evidence of sanity
to warrant the superseding of the commission, but
at the saare time suspended hi; final decision till %ir.
Sae-erii, the rietitioner, should be' examined by the
medical gentlemen, on whose evidence the verdict of
lunacy had originally been found.
His Lordship this morning addressed the Attorney
General, counsel for the Rev. Mr. Stevens, and said,
that since this most important case had been last
mentioned in Court, he had carefully looked over all
the papers, and had also been favoured with a visit
from Der. Latham, Powell, and Ainslie. and Mr.
M'arburoon. From these gentlemen, who were known
to be eminently 'Skilled in that department of medical
sciance which related to the treatment of insanity, he
had received a certificate, stating that they had lately
had an interview with Mr. Stevens, the result of
which was a conviction on their minds, that not the
slightest shade of those delusions which had formerly
:pi-eared to occui y his mind was now remaining ;
but that, on the contrary, he was now in a state of
perfect sanity. This certificate concluded with a
declaration, such as must always be made by me-
dical men in similar cases, that it could not be as-
certained whether or not these delusions would return
in future. He had been requested by some gentle-
men at the bar to have a personal interview with this
individual ; but after very serious consideration, he
had thought it safest to come to a conclusion on the
certificate of these gentlemen, without suffering his
judgment to be swayed by a personal interview.—
This certificate proved Mr. Stevens to be at present
in a state of sanity, and the Court ought not to keep
a commission of lunacy hanging over his head
merely because it was possible that the former delu-
sions of his mind might return.' His opinion, there-
fore,.was, that this commission should be superseded;
and if these delusions should ever again occur, which
he most sincerely hoped would not be the case, ap-
plication might be made to the Court for a fresh
commission. At this time he must state it to be his
opinion, after a most impartial consideration of the
whole case, that there was not the slightest ground
for throwing any imputations on those who took
out the commission, and he was satisfied that, under
all the circumstances of the case, he should himself
liaie acted precisely as they had done.—Commission
superseded, with permission to apply for another
if necessary, hereafter. .
Mr. WETHERELL hoped that this decision of his
Lot dship would give as much satisfaction to the one
side, as it must afford consolation to the other. He
did not know whether it would be proper to mention
the question of costs at present.
The ATTORNEY GENERAL said that was a delicate
print, and he had no doubt that would be settled
amicably between the two brothers out of Court.
The Loiso CHANCELLOR thought it would be much
better to do so. He had no doubt that the parties,
as they were so nearly related, were affectionately dis-
posed to each other.
THE RISING OF THE COURT.
Mr. AGAR said, he had consulted the other gen-
tlemen of the bar, and the general wish was, that
his Lordship should rise this day if possible, because
they had all made their arrangements in the expecta-
tion that the Sittings would have terminated on
Monday last.
The Lotto Cl/ANCELLOR said, when he promised
to rise on the 23d, he had no expectation of the bank-
rupt petitions lasting after that day. To-day he could
not rise, but if he got through the list this evening,
he had no objection to rise to-morrow.
Mr. CULLEN remarked, that it was impossible for
his Lordship to foresee, that one bankrupt petition
was to occupy the Court for three days, as had been
the case with the one last heard.
Mr. AGAR said he had mentioned the subject in
consequence of a message which had been left at his
chambers, and which he believed came from his
Lordship.
LORD CHANCELLOR assured Mr. Agar that no
tessage had come from him. He world not
. to the Sittings so long as the gentlemen at
id any business which they thought it ne-
:Or him to attend to. " I am determined,
Lordship) that whenever I shall die yfici-
person shall have it in his power to say of
I have not heard every v;ord they had
their Counsel ; for I believe the only com-
a can be made against me is, that I am
o hear parties too much. My conscience
GOD bear witness, that every delay is occa-
- my anxiety to do justice. I will say to all
evttlemen, as I would say to my own family,
you as my children ; and I hope that what
tid will not be taken unkindly, and that
will endeavour in future to make short
if they can do so without injury to their
As to the ending of the Sittings, if I am not
ierc, I must be at home, in reading the im-
Indies of papers, and perhaps I had better
them while they are fresh in my memory,
till I am worn out here."
MTAGUE hoped his Lordship's recommenda-
(ci be attended to. The making short speeches
observed, be a great relief to Counsel.
WEALD—"` I should be very glad to see Mr
sue the first to hold out the example of making'
peeches—let him do that."
iRD CHANCELLOR-4' We will close to-mor-
; day.)
CARLISLEASSIZES, AUGUST 23.
ICH ARDSON V. RICHARDEON.—DEBT.
:a rieerr stated this case. The parties were
who had had large dealings together. They
the village of Dalston, a few miles from this
The plaintiff, Robert Richardson, claimed a
of .£ll3 17s. '2d. The defendant, Joseph
]son, pleaded the Statute of Limitation. But
' be proved, that part of the debt had been
!d within six years, and that within that pt.
wornise had been made to pay the rest. He
tid that some bad blood had been created,
lient did not accuse himself of having been
oft.
RAINE.-..-44 We don't say so. When brothers

quarrel, both are generally in fault. The case was
referred to Arbitrators, who had not sufficient con-
troul over the witnesses. We are willing to refer it
now to a Barrister."
Mr. SCARLETT—" I am instructed to decline that
proposal."
Robert Richardson, aged 36, plaintiff's son, said,
his father dealt in clover, and his uncle was a States-
man. His father had sold to his uncle clover, butter,
cheese, &c. In December, 11307, they had had a set-
' tlenient, when there was a balance against his uncle
of £J6 10,,. 6d. After that, his father refused to sell
to his uncle without ready money. But, in 1815, his
father again sold to his uncle, principally clover and
rye-grass. His uncle had in the mean time received
credit for payments to the amount of £27 Bs. 7d. In
June, 1816, there was a balance against his uncle of
£ll3 17s. 2d. A month afterwards his uncle applied
for a loan of £5O, and upon that occasion promised
to pay the balance due.
Cross-examined by Mr. RAINS.—His father had
not engaged to pay £l5 a-year to his uncle for the
maintenance of his grandmother. He did not hear
his father say that she would cost twice as much. He
was in no rage at the arbitration.—" Did not your
father take some land from your uncle?" " It was
only straighting a hedge by which several acres of
my uncle's land was drained. Two little oak trees
were cut down, but they were worth nothing." His
father got four hams from his uncle, and one of them
was bad; for these hams grass-seeds were given. He
knew of no board and lodging due for his father. He
did not turn his father out of doors: his father went
away for six days because he scolded him for having
got tipsy at Carlisle.
• Mr. Justice BAYLEY—" Have you any answer,
Mr. Raine ?"
Mr. ItAINE—" 0, yes, my Lord. There is no
proof of a promise to pay the £36 within six years."
Mr. Juitice BAYLEY—" Yes, there is, upon the oc-
casion of borrowing the £5O in 1816."
Mr. RAINE—" Then we must endeavour to re•
duce the sum. Gentlemen of the Jury--'Phis nota-
ble nephew has made out a notable account against
his uncle. The hams, of which one was bad, were
repaid by grass-seeds. That would not do. Then
the land was only straighting a hedge."
Mr. SCARLETT—" If there is any land, it must be
land sold and delivered you have to prove."
Mr. RAINS—" No, it is use and occupation. (The
record did not bear this.) The oaks, too, were of no
value in the nephew's account. But, Gentlemen, we
also charge for depasturing a large flock of geese. A
large flock of geese must have consumed a large
quantity of grass. A certain number of geese is
equal to a horse. Well, Gentlemen, we depastured
22 geese for two years, and charge 40s. per stint (10),
which in two years amounts to £B. Then the hams
must be charged 10s. each ; that is other 12(2. Cum-
berland hams, Gentlemen, are esteemed in London.
Next, we charge for the plaintiff's board, when he
was turned out by this ungracious boy. Gentlemen,
if every son scold his father when he gets tipsy, we
shall have rare work of it in Cumberland, for when-
ever a bargain is made you know you must wet it,
Gentlemen. Well, for board for two weeks we
charge one pound."
Mrs. Ann Bell, sister of the parties, laboured stoutly
to prove an annuity of £15,. due from the plaintiff
for many years.
Other v.itnesses were called for the other items.
All failed, and a verdict was given for the plaintiff
—Damages £ll3 17s. 2d.

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