APPENDIX TO CHRONICLE. 



291 



holdiDg an open pen-knife in one 

 hand over her, and his watch in 

 the other; but she having got leave 

 to say her prayers, escaped. Wit- 

 ness thought it necessary to send 

 him to Mr. Warburton's and sign- 

 ed the certificate of his lunacy ; 

 and told all the circumstances to 

 defendant. 



Lord Ellenborough asked, if on 

 this representation the defendant 

 was not bound to receive the plain- 

 liff. 



Mr. Topping begged leave to 

 4)ut a few questions to witness ; 

 and on cross-examination the wit- 

 ness said he had heard plaintiff say 

 that he was God Almighty. The 

 witness believed he was a danger- 

 oas lunatic, and so did all his me- 

 dical friends to whom he mention- 

 ed the case. 



Mr. Topping said, that since the 

 justification was made out, he was 

 bound in justice to Mr. Warburton 

 to say, that there did not appear 

 tile least reason to impute the 

 slightest degree of ill-treatment to 

 that gentleman. 



Lord Ellenborough said, if he 

 was justified in taking the plaintifiP, 

 that made out the justification. 

 The strength of plaintiff's case was, 

 that he was kept too long; but 

 that required a new assignment. If 

 defendant was not safe in taking 

 the plaintiff into his house with a 

 certificate from a medical gentle- 

 man of high character, and a 

 relation of the plaintifTs, it 

 arould be unsafe for any person to 

 fcake a lunatic patient into his 

 house. The cause, his lordship 

 said, bad not lasted a moment too 

 bag : it was a case of the utmost 

 importance. It was right that un- 

 fortunate persons in plaintiff's si- 

 4natton ijhould know, that their 



cases would be deliberately in- 

 quired into- It was impossible not 

 to see, that considerable light was 

 thrown on the question, by the 

 previous lunacy of plaintiffin 1801 ; 

 it appeared that his mind had a 

 tendency to madness. He recol- 

 lected a case which occupied the 

 courts a long time, in which many 

 most respectable persons (amongst 

 the rest, Mr. Justice Heath) tes- 

 tified to the sanity of a gentleman. 

 But it appeared, that on one point, 

 and on that alone, he was in.-ane. 

 He had been ill ; and had taken it 

 into his head, that his brother, 

 who was most affectionate, had 

 attempted to poison him ; and in 

 consequence of that impression he 

 left his estates away from his bro- 

 ther ; but in consequence of the 

 proof that was given of his insanity, 

 the will was set aside. 



His lordship began to address 

 the jury, but the plaintiff chose to 

 be nonsuited. 



Dr. Willis and the most eminent 

 physicians in London were in at* 

 tendance, to give evidence on the 

 part of Mr. Warburton. This cause 

 lasted from nine o'clock in the 

 morning, till four in the afternoon. 



Comi of King 5 Bench, June 12. 

 ^Biiddv. Foulks The Attorney- 

 General stated, that this action was 

 brought by the plaintiff, as trea- 

 surer of the college of physicians, 

 to recover a penalt)' of 500/. from 

 the defendant, for keeping, in her 

 house, more than one lunatic, 

 «he not having a license from 

 the commissioners appointed by 

 the 14th Geo. .Srd, cap. 49. As 

 the law now stood, with the ex- 

 ception of the great public chari- 

 ties, no house could be kept for 

 the reception of lunatics, without 



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