286 



ANNUAL KEGISTER, 1813. 



his instructions, and the case did 

 not come up to what he had slated, 

 the defendant would be relieved 

 from proving his justification; if 

 the case was proved, it would 

 shorten it another way, as defen- 

 dant would not be advised to call 

 conflicting testimony : but his 

 learned friend would only address 

 the jury in mitigation of damages. 

 Heunderstoodbyhislearnedfriend's 

 gestures, that he would call evi- 

 dence; but he did not think he 

 would. He should think it a dis- 

 grace to address any remarks to 

 the subject of damages. What apolo- 

 gy, what palliation could there be 

 for keeping a sane man under any 

 direction in prison for seven years ? 

 Lunacy was the greatest misfor- 

 tune that could tall to the lot of 

 man ; next to that, being confined 

 in a melancholy house for the re- 

 ception of lunatics, where the fu- 

 rious were not kept separate as they 

 ought to be. Persons who kept 

 those houses were too much in the 

 habit of only thinking how they 

 could make the most of them; 

 and, therefore, their object was, to 

 establish a system of terror. If an 

 attempt to escape was made, the 

 person on being retaken was de- 

 prived of all his comforts, if com- 

 fort could exist in such a dwell- 

 ing. These topics were not irrele- 

 vant ; he had put them in posses- 

 sion of the real question — he had 

 done enough to awaken their at- 

 tention. It was the cause, not of 

 individuals, but of thousands. Par- 

 liament had done a great deal for 

 the security of such unhappy per- 

 sons ; but it thought it had not 

 done enough, as there was now a 

 bill for their further security in 

 progress through the house. If he 



made out ihe facts he had no 

 doubt the jury would give adequate 

 damages ; if the facts fell under 

 him, it was not his fault. 



He then called several witnesses 

 of different descriptions, who de- 

 posed to the sanity of the plaintiff 

 as far as their observation went. 



The Attorney-General. — It is my 

 duty to make observations on the 

 part of the defendant, who has 

 grown old in the enjoyment of the 

 character of being the most bene- 

 volent and most humane man, to 

 whose lot it has ever fallen to pro- 

 tect human nature in its most dis- 

 tressing state. Pie had every thing 

 at stake — his character, and every 

 thing that is dear to man : but it 

 is not only he that has much at 

 stake ; the persons whom I have 

 the honour of addressing, the per- 

 son who has the honour of address- 

 ing, and all persons who have any 

 relatives or friends are deeply inte- 

 rested. The diseases of the mind 

 have grown more numerous than 

 at any other period of our history ; 

 it would be an idle waste of his 

 lordship's time andyour's, for me 

 to attempt, were I capable, to give 

 the reasons of the increase. It is 

 a subject which has occupied the 

 attention of the most learned and 

 most capable of solving it, and 

 they differ as to the cause; but 

 that private circles are agonised to 

 a dreadful state by the increase of 

 this disease, is a fact, which un- 

 happily cannotbe questioned.There 

 is no doubt that public hospitals, 

 provided by the hands of charity, 

 — that private houses of the nature 

 of the defendant's, are filled with 

 patients of this description, and 

 many are obliged to be refused ad- 

 mittance. Undoubtedly, there- 



