Skip to main content
Hide Articles List

23 articles on this Page

--But loi' jim CwmjMtttt.

---! IMPERIAL PARLIAMENT.

CIVIL AND MILITARY LIFE IN…

[No title]

[No title]

[No title]

[No title]

[No title]

[No title]

[No title]

[No title]

FRENCH SHIPS AND FRENCH GUNS.

[No title]

SKETCHES OF THREE CITIES.

EXTRAORDINARY LUNACY CASE.

News
Cite
Share

EXTRAORDINARY LUNACY CASE. A seven days' jury trial was concluded at Edinburgh on Friday last, in which Mr. Angus Macintosh, of Holme, a proprietor in Inverness-shire, in possession of estates yield- ing him several thousands a year, sought 5,000/. damages from Dr. John Smith and Dr. Lowe, proprietors of Saughton- hall Asylum, a first-class private Institution for the insane, oil the ground of wrongous and illegal detention there. The detention took place so far back as from the 13th of June to the 20th of July, 1852, when, through connivance of one of the keepers, Mr. Macintosh succeeded in escaping. An action was brought against the defenders in 1^58, out was abandoned, and a similar suit was atthe same time instituted against Dr*. Glover and Weir, who signed the medical cer- tificate, and Mr. Hugh Fraser, writer to the bignet, who applied to the sheriff for a warrant for the pursuer s con- finement. On the 29th of July, 1859, after a live days' trial, the jury returned a unanimous verdict that the pursuer was insane at the time, and was justifiably sent to the asylum and detained there. The present action ngainst his custodiers was instituted only in May, 1863, and now came to trial. The first witness was the pursuer himself, who de- poned to his own fast living and hard drinking in the spring of 1852, leading to excitement and sometimes violent conduct on his part, but not affecting his reason. He adduced the deposition of Emma Wright, now dead, who had lived and travelled with him for some years, who thought him sane, but who ran away from him at Stirling on the 11th of June, alleging that she did not like to go north with the pursuer among strangers, as she had heard that the Scotch wer" rather "funny and romantic" in their ideas aboci. mistresses. f" Two of the keepers were examined who thought him quite sane, though excitable, and one of them had dropped a key to enable him to escape, and had been rewarded by being taken into the pursuer's service. Dr. Handyside, an eminent physician in Edinburgh, who was called to see him immediately after bis escape, thought he was then sane, and did not require to ba sent back to the asylum, and several neighbouring proprietors and ethers who had known Mr. Macintosh all his life were called to say that they never suspected insanity. For the defendersdt was proved that Mr. Macintosh came to them medically certified on soul and con- science" to be insane, and with a sheriff's warrant for hi-< detention; that the previous circumstances of his Í},"orv>tnO hil<condup.t in the asylum 88?i •—••I tht-m'' he was for the time lueaae. His previous :«isu»y, portly elicited from himself in cross-examiafttion, was I somewhat extraordinary. He had come of age in 1847, and had for some yeari been leading a fait life, distressing to his mother and his friends. In April and May, 1852, when in London, he became very violent. He had a. row at the Star and Garter, at Richmond, which led to his being taken into custody. At one of the Queen's drawing-rooms his violent and excited manner attracted attention, and his name was dropped from the list of presentations; He wfnt next night Co Kensington Palace, to the Duchess of Inver- ness, supposing, he said, that from her title she had something to do at Court, to ask why his name was emitted, but was told he could not see her Grace, as she had company. He had had some wine, and was "certainly "fresh." Without going to bed, but visiting several places to get more drink, he called again at Kensington in the morning, but, owing to his condi- Ition, was challenged by the sentry, when he became violent and was taken before the police-magistrate. Next drawing-room day he was dressed to go, but received a note from Sir Richard Mayne telling him he would not be admitted, as on the last occasion be had committed a breach of etiquette. He applied for re- dress from the Lord Chamberlain, but in vain. On the 11th of June he arrived with Emma Wright in Glasgow, and next day went to the Golden Lion, Stirling, where he was believed by the innkeeper to be mad. He ordered a carriage to drive to Bridge of Allan, button the way got out to sit on the roof, and by his eccentric conduct so annoyed his mistress, that she got out and returned to Stirling, and when he followed her there*lre found she had bolted, having, besides a good deal of money, two cheques for 300?., which he had given her. He set out for Edinburgh to stop the cheques and catch the lady, and driving to Falkirk, caught the train, earning out of one of the stations, to the alartn of the guard, and sitting on the roof of his own carriage, which had been trucked. He called late the same night on Mr. Fraser, and again at 4 a. m., but that gentleman would not see him at such untimeous hours. About 7 o'clock he went to the Commercial Bank, where he asked the porters for 600 sovereigns, and being told to wait till business hours, he got excited, and was handed over to the police. In the police-office his conduct was so outrageous that the officers all thought him insane, and Mr. Grant, the lieutenant of police, sent for Mr. Fraser, the family agent, to whom he represented the necessity of his immediate confinement. Mr. Fraser communicated whh the pursuer's mother, who was in Fifeshire, and, with her consent, he took the necessary legal steps for his detention. On Sunday, the 13th of June, the pursuer was taken to Saughton-hall in a cab, but would not come out of it till he heard six ticks from the watch of each of the doctors and keepers present. In the asylum his conduct was marked by gross obscenity and extraordinary violence, but he gradually improved, and Dr. Lowe deponed that, after the pursuer's escape, he gave way to the urgency of his friends and the advice of Dr. Handyside to put him under a male hutse, and did not insist on his return to the asylum. While in confinement the pursuer wrote out a will, leaving 10.000?. to his mistress and 500Z. to each of his keepers, directing his heir male "especially to pass over his mother and sister;" but should he die in confinement, to bring to justice Dr. Smith and Dr. Lowe, and all who had any hand in shutting him up in this prison uncondemned, and eo wilfully murdering him. Since his escape the pursuer had been in enjoyment of bis liberty and in the management of his own property, bis sanity being un- questioned. A very eloquent and indignant speech 01 five hours was nude in the pursuer's behalf by the Lord Advo- cate, who wa=! followed by the Solicitor-General (Mr. Young) for the defenders. On Friday Lord Kinloch charged the jury to the effect that the pursuer mustprove not merely that he was sane at the time, but, that the defenders knew him to be so, or ought to have known. A mero error of judgment, if they acted conscientiously and in good faith, would not expose them to damages or wrongous and illegal detention." He also pointed out the great differences of opinion among medical men as to what constituted insanity. The jury were absent about three hours, and returned a verdict by nine to three in favour of the defenders, a rec-mt statute in Scotland enabling a divided jury in Scotland to give a verdict by three-fourths of their number after three hours' deliberation. The verdict was received in court with loud cheering and some hissing.

A FATHER'S OPINION ON HIS…

---EVERY ONE DISTINGUISHING…

LAND FOR ASKING FOR IN NEW…

A DISPUTED WILL.

THE GRAVES WHERE OUBTBEROES…

- MAKING A MESS OF IT! -

DEATH OF KING KAMEHAMEHA IV.

[No title]