Star.
London, England, 1826-08-07 00:00:00

ASSIZE INTELLIGENCE.

GLOUCESTER, Asseirs.

CHAROZ OF

IDIOT SMITH V.
HOM!TT AND
This was an setien brought by the plaintiff, Mr. W.
against Messrs. Hod and others, proprietor
of the Ihnorivilass J IO recover damages for a
libel neon his character, eoatalued in published decrip-
dons of the idiot's case (plaintiff's b-other), which has
already been referred to the Lord Ch ,ncellor, and rinds
the subject of several legal proceedings, th against
th- feistier: of the unfortunate person alluded to, for
alleged cruelty, and by them against those who are said
on be their calumniators. Thee proceedings are em-
bodied in several actions, two or three of. which st mud
lbw trial here, but they will, probably, depend upon the
result of the action now pending.
Mr. TALPOURD opened the pleadings, upon which the
deferrlants had put a justificatory replication of t'.e
essential parts of the alleged libel. The damages were
laid at 5,0001.

Mr. CAMPBELL stated the case to the Jury. He had
never, he said, in the whole course of his life, risen to
address a Jury with the same anxiety as that which he
now felt in the discharge of his duty. This action had
beep brought for a libel which was the most atrocious,
and he believed the most unfounded, that was ever pub-
lished in any Newspaper in England. It imputed to
the plaintiff such misconduct, such criminality, and
such a want of feeling of all the ordinary and na-
tural affections inherent in the human breast, that if
there were the troailast foundation for, it, he would
be unworthy to appear in society,—and would- in-
deed be a disgrace to their common nature. The
plaintiff in this case was of the same rink as the
jury; he was a hespectable farmer in the nty of
Stafford, and the son of Mr. Ise:a Smith, wh left a
numerous family of sons and daughters. His ormer
residence was at a farm called Willow-bridge,ain
fordshire, abutting upon the county of Salopa The•
members of the Gorily at present living, were William,
the plaintiff, Thomas, George, and the unmarried
daughter Sarah. George had been born al idiot, with-
out ever possessing the power of knowing how to dis-
tinguish between right and wrong : he caeld barely
articulate- a few words, but without any apparent
knowledge of their meaning. He was, also, unfortu-
nately subject to fits, and had gradually grown worse
and worse, unt.l he riar.k Into his present conditi'm. In
early youth he could move about, but for a long time
he was unable to stir without a guide. His father and
mother, as was often found where infirmities had fallen
upon a poor child, were much attached to him, and he
was always treated by them, and every other member
of the family, with thegreatest affection and kindness. In
the year 1807, when this poor object was about 22 year s
of age, his mother died, and the duty ofl..oking after him
then devolved upon his father, who c. ntinued to treat him
with the utmost tenderness. He approartated a room for
his exclusiveuse, consulted medical aid upon his' case,
and learned that nothing cou d b • done for Min, besides
making him as comfortabte as his helpless situation
permitted. It was found when the fits recurred fre-
quently, that the light was a saute of irritation to
the patient, and always made him worse; and this
induced the father to have the room darkened. His
meals were regularly served in this chamber, and the
recurrence of the firs became at length more violet t
and frequent, casting him upon his hands and knees,
and during the paroxysm he would tear his clothes cif,
and throw them at whoever happened to be near him.
About the year 1808 or 1809, the old Mr. Smith took
another farm at Mucklestone-wood, and removed from
Willow-lodge, taking with him Will am, the piesent
plaintiff, who was at Christmas, 1811, followed by his
sister Sarah, who undertook the office of his house-
keeper. It was determined that George should not be
separated from the family, and a room was accordingly
appropri..ted for him in the new house. Preparation
for his reception was accordingly made in a lofty room
on the first floor, which was the best in the house. The
poor fellow was at this time much reduced, and unable
to walk; it became, therefore, necessary to remove him
from one house to the other in a bed upon a cart: In
this room the whole family had paid him the utmost
attention. There, as before, it became necessary to
mitigate the admission of light into George's room, and
bricks were fixed up edgewise within the window, ca-
pable of being removed from time to time as circum-
stances might require. His father did not long survive
the removal to the new house, but had died in the year
1812, while on a visit with a married daughter at Water-
fall. Before his death he gave the strictest injunctions
respecting the treatment of his afil.cted son, and all the
family continued, as before, to watch him with care
and soacitude. His sister Sarah was particularly de-
voted to him, and had for fourteen years, at the time to
which he alluded, applied herself almost entirely to his
guardianship. Her attention to her brother had always
been unexampled for assiduity and unwearied kindness
and tenderness. She was requested by ber dying father
never to marry during George's life, and as the poor
creature's health was then delicate and precarious, it
was thought he would not long survive his parents.
This parental request th;s pious sister bad dutifully ful-
filled, and in obedience to it had more than once refu.ed
advantageous offers of marriage, which would nece,
sarily have removed her from the arduous attention to
her unhappy brother. The plaintiff, William, had A-
ways evinced the same affection. If at any time absent
.for a few days from home, the first thing he invariably
did upon his return was to visit George, and inquire
into his situation. At first he was able to walk a link
in the garden; but in the year 1818 he fell into a fit
while there, which had the effect of still store depria-
ing him of the use of his limbs, and rendered it im-
possible afterwards to take bim much out in the air ;
but exercise was afforded him in an arm-chair in hit
bed-room, and his sister Sarah used to sit and work ia
his apartment, so as to administer some comfort or