The Sun. — 1840-02-08 (London, England)

COURT OF COMMON PLEAS, F':. 7,  EXTRAORDINARY CASE.-THE ABUSES OF LUNATIC ASYLUMS. PATIRNOITIR n. FINCM AND OriIERS..  This case, the circumstances of which, when mentioned, will be fresh in the public mind, though the strong feeling they excited at the time, though the period at which they occurred is now, i■ consequence of the long delay in the trial of the cause, not recent. The plaintiff is a gentleman of very respectable connections, but who had the misfortune to have some serious differences between himself and his family. Thev, it appears, had endeavoured to get him confined, under the pretext of insanity, in a lunatic asylum. To effect this, it was necessary, by the lunatic law, to procure the certificates of two medical men. Mr. Paternoster was assaulted one morning at his residence by three or four persons who endeavoured to seize him. He resisted, and sent for the police, and upon their appearance the aggressors withdrew, taking away the manacles they had brought to secure him. He was advised to go to the police-office, whither he was followed by the parties, fiorn whom he sought the protection of the sitting Magistrates at Marlborough-street (Messrs. Dyer and Conent). Mr. Finch, the keeper of the Asylum, and Mr. Wing, a solicitor, another of the defendants, declared him to be insane. A Dr. Spurgeon was first sent for, who in the excited state in which he found Mr. Paternoster, put a series of questions, which that gentleman considered impertinent aryl prying., and resented as such, upon which the doctor signed the certificate, The celebrated Dr. Monroe, being next applied to, wisely said that Mr. Paternoster was not in a fit state to be examined as to sanity, and declined interfering. A Mr. Dunn, a neighbour of Mr. Paternoster's father, then came, and after putting questions so trivial that they left an impression on the minds of all present that Mr• Paternoster was the most sane of the two, signed the certificate. The Magistrates upon the could not interfere. And on going out the plaintiff was seized upon by half-a•dozen persons, the defendants, and after a desperate resistance was conveyed to the Lunatic asylum of Mr. Finch, and therein immured. Mr. Hawes, the Member of Parliament, knew Mr. Paternoster well, and on going to see him was convinced of his sanity, and measures were taken to procure his release, which, how. ever, by the law, could only be effected by a tedious process, attended with great delay. At length it was effected, and Mr. Paternoster's conduct since his enlargement had been such as quite to establish his sanity. It will perhaps be recollected, that at the time of these transactions The Sun having called the attention of the public to the case, through the medium of its police report, took great interest in the affair, and proceeded to appeal to the public feeling on the subject ; so that Mr. Paternoster had since been freed from molestation. The action was now brought to recover compensation for the assault and imprisonment. Mr. Txssie ite (with whom were Mr. Platt and Mr. Gurney) appeared for the plaintiff, and made a most able address to the jury in opening the case, expatiating with great force on the tortures, not less of body than of mind, which Mr. Paternoster must have endured, and dwelling on the awfully insecure state in which life and liberty must be held if juries did rot, by exemplary verdicts, con. demn such proceedings as these. Mr. Hawes sat beneath Mr. Thesiger during the trial, in which he evidently took deep interest. Mr. Paternoster was also present, and his demeanour was as sane as any person in Court. The first witness called was a policeman, named Dud. ley, C 16, who had been called in to Mr. Paternoster's residence in the Haymarket on the occasion of the first assault. Witness had interferred to prevent the violence attempted on plaintiff, which otherwise he believed would have ended in murder. The witness also described the scene at the police-office, in which he stated Mr. Spargeon's inquiries to have been personal and irritating, and Mr. Dunn's questions to have been foolish and trifling. Mr. Wing was very violent throughout, while Mr. Paternoster's answers and conduct were altogether rational and reasonable. He stated that Mr. Paternoster was severely beaten and treated with great violence by the keepers, indeed by all the people who had been at the police office against Mr. Paternoster, but the witness could not specify the parts they respectively took. His impression was that the whole of the nine de.. fendanta—two Mr. Finches, Mr. Wing, Mr. Dunn, Mr. Worthington, and the keepers, with a Mr. Scott were present. The