considered and pronounced deranged, are really, instead, possessed by evil spirits. It may be said that I may myself be in a state of derangement. To this I would oppose these facts-that I do not pretend to having had any ocular demonstration of any spirit, nor have I had any distorted visions or ideas. I have not spoken incoherently, nor have I acted contrary to rationality; but I have always been blessed with my senses, notwithstanding this heavy calamity of evil possession, with which it has pleased God to visit me, and which he has now been graciously pleased to remove from me. May all others, similarly afflicted, experience, in like manner, the mercy and goodness of God.-I am, Sir, your obedient servant,

Medical Jurisprudence in relation to Ensanity.

COMMISSIONS IN LUNACY.

(Exclusively reported for this Journal.)

COURT OF CHANCERY, WESTMINSTER, APRIL 25.

IN RE ANSTIE (LUNACY).

Two petitions were presented in the name of William Bailey, of Pentonville, described as secretary of "The Alleged Lunatics' Friend Society," praying that a commission, in the nature of a writ de lunatico inquirendo, might issue, to inquire into the lunacy of Peter Sharp Anstie and Henry Anstie. The petition stated, that the two Ansties were residing in the house licensed for the reception of lunatics at Fishponds, near Bristol, and that they were, and had been for many years last past, lunatics, and unfit to manage themselves or their affairs; that there was good reason to believe that the lunatics had been totally neglected by their relatives, and that their property was not duly protected; that each of the lunatics was entitled to an annuity of 350l., devised by the will of their father for the express purpose of being applied for their board and lodging, and all proper care and attendance of their persons, so as to administer to them as many comforts as their state and circumstances would admit; yet that the sum of 1107. each per annum had only been applied for some years past for the support of the two lunatics at Fishponds; and that they had been kept in a department appropriated to and living with the noisy, dirty, idiotic, and lowest order of patients, and in rooms of the most cheerless and uncomfortable description, without those comforts which their state and circumstances admitted of, and to the great detriment both of their bodies and minds; and it therefore prayed the issuing of a commission, as before stated. Two other petitions were also presented on behalf of the brothers of the lunatics, also seeking for a commission and the conduct of it. The whole petitions were heard together.

Mr. MALINS (Mr. Joliffe with him), for Mr. Bailey, went into the history of the family, whereby it appeared that the father of the two unfortunate lunatics placed them in the asylum at Fishponds, the one forty years and the other thirty years back, and by his will left them an annuity of 3501. each for their support. Upon the death of the father, one of his sons,

Benjamin Anstie, looked after the lunatics up to the time of his death, in 1843. Since his death, however, the trustees, through the instrumentality of the next of kin of the lunatics, had cut down the allowance for their support to the paltry sum of 1107. each, and, consequently, their treatment had been extremely hard. The affidavit of Mr. Bailey went to the effect, that the lunatics had been entirely neglected by their relatives; that they were confined in the worst department of the asylum with the lowest order of patients; and that they were never taken out for exercise, and kept in a most pitiable state; that they were lodged at night in miserable rooms, and by day in low, dark, common rooms, with dismal paved yards, surrounded by buildings two stories high on three sides, and on the fourth by a high wall. Affidavits of Dr. O'Bryen and Dr. Davis were then read as to the nature of the rooms occupied by the lunatics; and from them it appeared that they had been confined in very small, low rooms, with only one window, and opening into the yard surrounded with buildings; that the floor was a stone one, without any carpet, and that the bed had no furniture, and without any other accommodation whatever in the room. The affidavits then went on to state, that the lunatics were in that part of the establishment allotted to third-class inmates, as regarded social position, payment, and comforts; and that their day-room was shared by persons in humble life; and concluded by a recommendation, that the lunatics should be placed in a more cheerful situation, where they might have the benefit of air and exercise, and an opportunity of having their minds diverted by agreeable scenes and objects, as a means of improving their condition, and adding to their comforts and happiness, and prolonging their lives. Other affidavits were then read, to show that the relatives of the lunatics had entirely omitted of late years to visit them, or to pay any attention to the mode in which they were treated, and that the rooms they were confined in at Fishponds were no better than dismal cells. Some, also, spoke to acts of great violence having been exercised towards the lunatics, and also to the filthy state they were allowed to remain in, solely from the want of proper attendance and regular change of linen. The accumulations from the small proportion of the lunatics' incomes (2201. out of 7007. a year) being applied by the trustees, amounted to upwards of 30,000l., and it appeared that a part of them, amounting to nearly 9000l., had been divided amongst the brothers and sisters of the lunatics, in preference to the increasing of the comforts of the lunatics themselves. Under such circumstances, it was urged, there being no doubt whatever that the unfortunate gentlemen were confirmed lunatics, the commission as prayed ought to be granted to Mr. Bailey, with a view of having the affairs of the lunatics placed in different hands, and that the petitions of the brothers ought to be dismissed with costs, as they had proved themselves unworthy of having anything further to do with their afflicted relatives.

Mr. ROLT and Mr. FOLLETT, for the next of kin of the lunatics, defended the course of treatment pursued towards the lunatics as having been the best for them under the deplorable circumstances of their cases. First of all, the character of Mr. Bompas, the superintendent of the Fishponds Asylum, was of the highest description, as evinced by the testimony of numerous gentlemen who were well acquainted with him, and the lunatics themselves had been placed in his establishment by their own father. Then with regard to the expenditure for the support of the lunatics, the will of the father plainly contemplated that the whole amount of the annuities would not be required for that purpose; for it spoke of the accumulations being for the lunatics themselves, if they should ever be fortunately restored to reason, and if that should never be the case, then they were to go gene

rally amongst the remainder of his family; all that bad, therefore, been done by the division of the 84007. amounted only to an anticipation in favour of the reversioners, as there was no chance whatever that either of the Ansties would ever recover. The next point was the treatment of the lunatics, which had been characterized as cruel in the extreme, both on account of certain violence which had been at times used, and also on account of the stone floors in the rooms, and the absence of covered furniture. The real truth was, that one of the results of the unfortunate malady with which these gentlemen were afflicted was a weakness of body, which rendered it utterly impossible to have anything decent about them. No furniture could have been kept a day without being spoiled with the filth; and medical men themselves had stated, that the best remedy had been used in the present instance-namely, a room with a stone floor properly heated by stoves. With respect to the charge that the lunatics had been neglected by their relatives, there was no truth in it; for they had only ceased to visit their afflicted brothers for the last few years, since they had fallen into such a hopeless state that they could not even recollect their visitors. Looking at the whole circumstances of the case, therefore, there was nothing in it to take it out of the ordinary course, which was, to grant the conduct of the commission to the next of kin of the lunatics.

The LORD CHANCELLOR, without calling for a reply, said the only point for his consideration was who should have the conduct of the commission, as without doubt a commission must issue. Mr. Bailey, a stranger, had stepped in and claimed the conduct of the commission, and therefore it was his place, not only to make out a case for the interference of the court, but also that the next of kin ought not to be intrusted with the inquiry. The fact that Mr. Bailey belonged to a society for the protection of alleged lunatics, did not diminish his claim to be intrusted with the commission, for the society had been instituted for the most benevolent purpose; and he (the lord-chancellor) was sorry to say that, notwithstanding the vigilance of the court, such a society was required. Mr. Bailey presented his petition in the month of February, and the petition of the next of kin was not presented until March; the presumption, therefore, was, that they would never have presented theirs at all, had it not been for Mr. Bailey's coming to the court. Why, if they wished to place their two brothers under the protection of the court, had they not applied years ago? Not only did they not do that, but, when Mr. Bailey had presented his petition, they immediately prepared one having in view the defeat of that of Mr. Bailey. This, he was of opinion, did not afford any ground for depriving Mr. Bailey of the commission, which must without doubt be issued. His lordship then alluded to the facts of the case; and said that the question of extra expenditure was often put in competition with a harsher mode of treatment of the lunatic; for, if the property of the lunatic were not sufficient to meet the expense of extra attendance, &c., the lunatic was obliged to be subjected to harsher treatment as a violent pauper. This, however, could only be excused where the property of the lunatic would t meet the expense of additional comforts. In the present case, the acy had been productive of certain habits in the unfortunate gentlemen which could only be kept in check by extra attendance, constant change of linen, &c., or more restraint. Could any one, however, suppose that, looking at their means, these gentlemen ought to be kept in a room with a stone floor, without furniture? He (the lord-chancellor) was of opinion that a considerable addition in the expenditure, for the purpose of increasing the comforts of the lunatics, would be not only justifiable, but really

necessary. The question, however, of the mode of treatment, was not now the one before him, but whether the gentleman (Mr. Bailey), who could have only a benevolent object in view, should be deprived of the conduct of the inquiry which he had set in motion. He (the lord-chancellor) thought he ought not to be so deprived. He could not, however, pass over in silence the conduct of the relations of the lunatics, which was altogether unjustifiable, and might, if not commented upon, afford an example for a hundred other cases. That relations were at liberty to cut down the annual expenditure of a lunatic for the purpose of making a fund, to be divided amongst themselves, was a doctrine of a most dangerous description, and would tend, if allowed to be true, to every possible injustice. Without, therefore, entering into the question, how far the comforts of the lunatics ought to be increased, he should decide that a commission of lunacy must issue, and that the conduct of it should be intrusted to Mr. Bailey, and that the petitions of the brothers of the lunatics be dismissed with costs.

Commission de Lunatico Inquirendo, held before F. BARLOW, Esq., one of Her Majesty's Masters in Lunacy, and a Special Jury, as to the state of mind of CATHERINE BATTAGLIA, at the Black Horse, Enfield Highway, in the County of Middlesex, on Thursday, the 16th of March.

MR. LLOYD, Counsel, and MR. W. FISHER, solicitor, appeared in support of the Commission; Mr. LUCINA, firm of Stevens, Lancaster, and Co., attended to oppose the Commission.

Mr. Commissioner BARLOW opened the case in the manner following:Gentlemen of the Jury, you are called upon to inquire into the state of mind of Catherine Battaglia. I will state to you as simply and as shortly as I can, the duty you have got to perform, and why it is you are called upon to make this inquiry. You are called upon to make an inquiry of this kind, as in the terms of the Commission, to ascertain the state of this lady's mind; in which there are three questions, namely-Is she a lunatic, an idiot, or a person of unsound mind? It is stated in the Commission, that she is at present residing in Green-street, Enfield Highway; and it is alleged that she is not sufficient for the government of herself, her lands, and tenements; and if this should be found to be the case, the Commission directs you also to inquire into the state of her property; but with that, however, you will have nothing to do in this court, because that matter will be properly investigated before another tribunal. The inquiry before you to-day, therefore, will be limited to that part of the Commission, which directs you to inquire into her state of mind. The first question before you, will be to say, whether you think she is an idiot, or a lunatic, or a person of unsound mind. Now I should recommend you to adopt the simplest term you can imagine, providing you think she is not sufficient for the government of herself and property-namely, a person of unsound mind. Each of these terms has a different meaning in law. A person may have been a lunatic, and perhaps is not now a person of unsound mind. That party may, or may not, have recovered his or her intellectual faculties entirely, or at different periods only. The chief question before you to-day, however, is whether you think this person an idiot, or a person of unsound mind, and the simplest expression will be the best to use. But, looking at that question, you are not to be satisfied with any little eccentricities that the party may have, and reduce them to a state of lunacy, but you are to be satisfied that she is incompetent to take care of herself; or,

that at the present time, she is a person of sound mind, and competent to to take care of herself and her property; but if you should come to an opposite conclusion, that she is now a person of unsound mind, and incompetent to take care of herself and her property, then, I shall have to point out to you the second question-namely, from what particular period, according to the evidence, you think that she has been in that state. Your duty, therefore, will not be ended by merely stating that she is a person of sound mind, or of unsound mind, unless you should come to a conclusion, that having been of unsound mind for a certain period, you think now she has perfectly recovered, and fit to be entrusted with the care of herself and property, or that she enjoys what in law is called a "lucid interval." If, on the other hand, you think she is really a person of unsound mind, you will have to point out, from day to day, the period she has been so. There are three questions before you: Whether this lady is now a person of sound mind, or a lunatic, or a person of unsound mind. If the latter, you must, as I told you, point out the particular period of her having been in that state; unless it should be proved to your satisfaction that she is not a person of unsound mind.

Now, gentlemen, the reason you are called upon to make an inquiry of this kind is, that if this lady should be in that unfortunate state, in which she is alleged to be by the parties who have taken out this Commission, some protection should be thrown about her, and that her property might be taken care of. So that the real object is, that if she should be in that state in which she is alleged to be-namely, in an unsound state of mind, that some friends, or some relation, may be appointed by the Chancellor to be responsible for the safety of her person and her property, and see that she has at command what is necessary for her every essential comfort. You will hear the evidence given, and from the evidence that will be laid before you, you must form your conclusion. You will also see the lady, and examine her yourselves, and this will assist you in coming to a proper conclusion. The medical men in this case will describe the nature of the alleged delusions. I have seen the lady to-day myself, hoping that I might have persuaded her to attend here; what passed is of course not evidence, and therefore it will be needless my repeating it, but I wanted to save you a great deal of trouble. She cannot come here, and some of you will have to go with me in order to see her.

Mr. LLOYD then rose, and stated the facts of the case briefly. After apologising to the jury for the very inadequate manner he felt he should, discharge his duty, in consequence of a temporary indisposition, he said his task was very much relieved by the very clear, lucid, and comprehensive manner in which the learned Commissioner had explained the nature of the Commission. The alleged lunatic came over to this country some years ago. In 1815, she married Mr. Theodore Battaglia, who was probably, from the name, an Italian. She lived with him as his wife until the year 1846, when he died; since that period, she had lived as widow on the same premises with a maid servant. She was now upwards of eighty years of age, and it was, therefore, perhaps rare that an inquiry of this kind should be instituted. He was not aware whether any attempt would be made to impugn the motives of the petitioners in this case. If this should be proposed, an opportunity will be afforded him of explanation. Since the death of her husband, she has, as he should show them, exhibited some of the most extraordinary delusions. The learned Commissioner informed them, that there existed no positive definition as to what constituted unsoundness of mind, and that what, in point of fact, may in one person be termed eccentricity may in another be actual insanity. But in the present case he believed there were some characteristic signs of insanity, which would be manifest