THE ALLEGED CASE OF LUNACY.

NOW that the offices and jurisdiction of our Magistrates are under- going a revision which promises to result in various modifications of their existing practice, it may not be amiss to consider, whether any and what. extent of authority should belong to them in cases of insanity, real or alleged.

Whether we regard the peculiarly painful nature of such cases, the extraordinary difficulties which surround them at all times, or the serious interests they involve—to the individuals themselves and to society at large—we must equally admit the solemn impor- tance of the subject, and the imperative obligation to humanity, tenderness, and caution, in dealing with it. Insanity is a calamity of that deep and touching nature that the very idea of its forming the subject of a public proceeding, including revelations of relative domestic sufferings, is enough to shake a sensitive mind; and the contemplation of such a necessity has sharpened the anguish of many families. At least, therefore, we have a right to expect, that when that necessity arises, it shall be met with all the earliest attention anti considerate feeling that legal forms admit. But what is the real case ? A man is reported to be insane ; his brother, or his wife, or some other loving relation, thinks him so because he stands on one leg and takes mustard to his fish, or for- gets his hat, or misbuttons his waistcoat, or for sonic other good reason. The man is then brought into a court ofjusticc, as it' he were a pickpocket, to have the Magistrate's signature attached to an order for his removal to a lunatic asylum ; a medical man, above suspicion, confirms the loving brother's or fond wife's report as to the mustard, dieing, and the insanity, and signs a certificate ; and, after a few coarse remarks from the bench, and some absurd and indecently frivolous

questions put to the unfortunate man, who stands there like a felon, he is hurried off to a madhouse to spend the rest of his days. It is in this manner that a proceeding involving a possible amount of' injury to character, fortune, and prospects, far exceeding what any other act could inflict, is made to rest (supposing no collusion) on a notion, it may be a fancy ; anti the judgment which condemns a man, thus charged, to a life of perpetual imprisonment of the worst kind, is not even conducted with deliberation, fairness, or common decorum !

It is in vain for the Monthly Chronicle, or any other periodical, however ingenious, to attempt to reconcile the present system of commitment to lunatic asylums with time liberty of the subject. It is not only to be objected, that the law is insufficient to guard that liberty from infringement, but that the law is itself infringed—even by those whose duty it is to administer it. The case of Mr. PATER- NOSTER will be fresh in the recollection of our readers ; but another case has been reported this week, which, as an exhibition of the deliictive state of the law, and of a Magistrate's power and will to aggravate its worst features, has perhaps never been surpassed. We refer to the case of the young man, MrxDr, who has lately been committed to the 'Lumen Lunatic Asylum ; and whose examination at the Kensington Petty Sessions, before Mr. BARLOW and Sir Jons SCOTT LILLIE, is given at full length in the Times of Tuesday last. This young man, an inmate for the last six weeks of the Union Workhouse at Kensington, had, befbre that time, resided with his mother, a lodging-house-keeper in Islington. He is now convicted of insanity—on no evidence given in court—no Author of an evidence : for neither could the slightest symptom of that malady be discovered by the Magis- trates, though one of them tried very hard to draw him out to disadvantage ; nor had the relieving-officer who applied for the order a word to say in support of it ; nor even the medical officer—who for a long while positively held off, and would not Sign the certificate, being only persuaded, at last, to do so by the importunacy of' the Magistrate. He is convicted of insanity, WC say, on nu eridence, positive or circumstantial, but solely on the authority of a notion, said to be entertained by his mother—who never makes her appearance ; mind IM that of a Board of' Guardians, whose notion is said to correspond with hers. So easy is it to enter into a madhouse !

" Noetes atque dies patet atri janua Ditis."

NO witness, no oath, no counsel, no jury, no evidence is wanted. Somebody says, that somebody else says, that somebody is insane— down goes the Magistrate's signature to an " order," with as much goodwill as if it were to "admit one to the boxes ;" and off goes a Pool' wretch to spend the rest of his days in a lunatic asylum. As the relieving-officer assures us that this tender mother told him. on her honour, that her chill was mad, though she could not conveniently come from Islington that morning to support the

charge, we suppose we are obliged to do him the same courtesy that he did her, and must take him at his word. Then what were the symptoms—the too plain and undeniable symptoms, which forced that tender mother to recognize the dreadful truth, and, de- spite her maternal anguish, to help him to his strait-waistcoat? Why, the tender mother took in lodgers, and her beloved son dis- turbed them by going up to bed late at night and calling for his breakfast unseasonably the next day ! No doubt, some of them had " given nOtice"—she must lose them, or she must lose her son. Tender mother ! considerate landlady 1-

" His mother, whom I have seen, says, that while residing with her, he would sit up all night and lie in bed all day, and disturb the whole house, by ordering breaxilist when the others were sitting down to dinner. He would also alarm the whole neighbourhood, and was quite a marked character."

Upon this Mr. BARLOW, the sitting Magistrate, (not the Ma- gistrate we !lye alluded to above—he comes not yet on the stage,) observes very properly, " You do not call these proofs of insanity? —they are only eccentricities. How did he behave in the work- house ?" Observe the high intelligence of the medical officer in reply.

Mr. Wright—" Oh, very quiet. I have seen him daily ; but, with the ex- ception qt' his always asking me to allow him to go out, I have observed nothing particular in him."

A man jealous of his personal liberty, which is threatened without cause, wishes " to go out ;" and this is found to be " something particular "—i. C. another symptom of insanity.

" We have, however, been obliged to keep a person to look after him to pre- vent his running awav; for he on one occasion scaled the wall, and went to the house of his uncle, a.chinaman in the Broadway, Hammersmith ; who was in a great fright, and sent .(im two 722r71 and a straight waistcoat."

Thus, if a harmless cur is passing through the street and you raise a cry of " mad dog !" away fly men, women, and children ; or, if any have bludgeons, the poor.creature is beaten to death..

Now remark, after this, the sensible and manly reply of tlie poor man himself.

Allouly—" They had no occasion'to be fearful of me. The statement alleged to have been made by may mother is not correct. I did not lie in bed all day. The truth is, I am of a studious turn of mind, and preferring the stillness of the night to study in, I have sat up until three or four o'clock in the 'nothing, but even then flare never lain in bed after ten o'clock. I can, however, clearlv see that my religions habits have offended my relations, and it will therefore he better for me to begin the world afresh. If I were at liberty, I would try to obtain a situation by going into the City."

This is a new form of rabies, we think! Mr. BARLOW evi- dently thought so ; for he interposed every now and then with "I can really see no symptoms of insanity in this young man." But at this juncture. unluckily for poor MUNDY, Mr. BARLOW'S official colleague, Sir Joins SCOTT LILME, came into the room ;- we beg the reader to take notice of this worshipful gentleman's manner of entering on the delicate and difficult question before him.

Mr. Barlov explained the nature of the application, and the progress of the v as above stated.

Sir J. S. Lillie—" Well, we have only to sign the order. Ours is quite a ministerial act."

Mr. Barlow—" But before doing so, it is necessary we should have some evidence of his insanity ; and Mr2Wright appears unwilling to sign the cer- tificate."

Sir J. S. Lillie (to Mundy)—" Why do you object to go to Hanwell? You will he very kindly treated there. I think it is a great proof of insanity your not /Thing to yo (lucre." Mundy—" Restraint does not do for me. I wish for my liberty, and it is my desire to g.o abroad as a missionary. Should I be liberate& I doubt not the Reverend- Mr. Broad, who has visited me weekly in the Workhouse, would enable me to go." Sir J. S. I think you had better go to Hanwell." Munk- —" Before I am sent there, there ought, in niv opinion, to be the opinion of more than one physiciau that it is necessary. You have not now even the opinhm of one doctor."

We put it to the reader, whether there is more dignity here to say nothing of sense and justice, on the side of the judge or of —madman But, once more, remark the high order of intellect adorning the judichd bench, as developed in the dialogue which follows.

Sir J. Lillie (to Mr. Wright)—" Illy do you object to sign the certificate?" Mr. Wright—" Why, it is worded rather strongly. If the word 'insane' was used instead of unsound mind,' I should not perhaps object."

S. Lillie—" ' Unsound mind ' is not, in my opinion, so strong an ex- pression as insane.' "

Mr. Barlow—" I am Tea rery different opinion. I think with Dr. Monroe, and other eminent physicians, that many persons may be insane without being. qf unsound mind. Insanity will often arise from illness, and may be cured, but unsoundness of mind cannot."

Sir 3. S. Lillie—" I do not agree with you."

If von would let me go out everyday to seek for a situation, I am confident.. I could soon procure one."

That reader is no reader of ours who does not admire the quiet piece of practical sense with which the madman winds up the above supremely witless conversation of his judges. Again we put it to the reader, on which side the sanity lies, and on which side the matines.s ? Sir &MN SCOTT LILLIE'S encomiums on lianwell are continued to the last- " You will have exercise sufficient at Hanwell. It is a large farm rf several aeres—Ps Sir JOHN one of the proprietors ? we hope not ; as we believe there is a severe penalty inflicted by the law on those who endeavour to obtain lodgers thr an asylum under such eir('umstances)—and you will be employed in bookkeeping, or any other employment you like. rou can, while there, en- deavour to get a silmition."

Once for all, we ask if mockery befits the bench, or whether in- sult is justice ?

In the end, Sir JOHN SCOTT LIMIE triumphed over the scruples of the medical man, who ,signed the certificate ; and the Bench annexing their signatures, this friendless and unfortunate person was carried off to a madhouse, once more—but in vain—tern- pemtely and firmly protesting against a judgment unsupported by a shadow of evidence.