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A CHANCERY LUNATIC.

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Rhannu

A CHANCERY LUNATIC. The admirers of Mr. Reade's novels arc familiar with the opinion which he holds, that the law of lunacy is systematically made an instrument of oppression and wrong. Indeed, it would appear that this opinion is not held by Mr. Reade exclusively. There is, or was, in existence a Lunatics' Protection Soeiet", which was got up by a gentleman who had been confined, as he con- sidered wrongfully, in an asylum. Cases constantly occur in which it is alleged, not only by lunatics but by some of their friends, that restraint is cruel and un- necessary. Evidence is usually forthcoming in such cases that the person so restrained is, in the opinion of the deponen s. rational and inoffensive; and, in fact, a per-on whom it would be rather pleasant than otherwise to have for an inmate of one's house. Such evidence may. at the time it is given, be difficult to explain or contradict, but it has happened before now that lunatics have become convinced of that lunacv which their friends have dsuoted, and have voluntarily returned to the very condition of restraint from which well-inter.ded but m> stamen efforts have delivered them. The storv of a protracted case of lunacy may almost always be told in two ways, and it may be interesting to take a case which L'telv came before the Court of Chancery, and look at it first from the popular and sentimental, and afterwai\j from the legal, point of view. Assuming as much as we can of the mental attitude of the sensation novelist, we will begin by stating that Mr. James Tovcy now aged thirty-eight years, was educated at Eton and Oxford, and afterwards at St. Bee's College, being destined for holy orders. In 1853, Mr. Tovey, bein^ then twenty-four years of age, was residing for the va- cation at Deal, where he formed an attachment to a young German lady. His father, Colonel Tovey, hear- ing of this affair, ordered him to London, and shortly afterwards placed him in a lunatic asylum in Epping Forest, where he remained upwards of three years. Whetocr he at that time showed lunacy only by falling in love with the young German lady, or by other and what signs, we are not informed. In 1856 he was re- moved to another asylum near Stafford, which is managed by Dr. Hewson, and he remained there about fire years. Early in 1862 the trustees appointed by his father, who was now dead, acting under eminent advice, caused him to be removed to the private residence of a surgeon at Dover, where he enjoyed free exercise in the open air. After a year's trial of this mode of life, it was considered expedient to relieve him from all re- straint, and to allow him to reside with his sister, who, after occupying one or two temporary abodes, went to live, in October, 1863, at Goring, in Oxfordshire. The life which he was permitted to live at Goring seems to have agreed with him very well. He was almost con- stantly rowing on the I h.,imes, which flows past the Tillage, and he was very active in skating and swim- ming during the appropriate seasons. The inhabitants of Goring and the adjacent villages have testified that Mr. Tjvey's conduct while he dwelt among them was quiet, harmless, and, according to their judgment, sane and there seems to have been no reason why Mr. Tovey should not have been dwelling among them still, but, unhappily for this poor gentleman, his uncle died last year, and he succeded to a large fortune, which caused the Court of Chancery to take an increased interest in the disposition of his person and estate. On February 24, 1866, Mr. Tovey was taken to the asylum kept by Dr. Hewson, near Stafford, where he bad been confined before. On March 4 following his nncle died, and he became entitled to what may be called, in a new sense, damnosa hcereditas in the shape of an entailed estate amounting to about X2,000 a year, and a sum of Z60,,000 which bad been accumulated for the purchase of other estates. On May 4 a Commission of Lunacy was held at the asylum by a commissioner, without a jury, and without the presence of any lawyer on behalf of Mr. Tovey, and be was found a lunatic. But the strangest part of this story is yet to come. On July 28 Dr. Hewson took a number of his patients, among whom tvas Mr. Tovey, to Scarborough, for the benefit of sea air and bathing. He was allowed to wander at his will all day, giving a promise to return at night. During his wanderings he met a lady. First he looked, next he raised his hat, and then he spoke. The lady did not repulse this overture, and why should, she ? Many flirtations, producing some marriages, arise at Scar- borough and if there is to be no beginning, t must be impossible to reach the desirable end. We believe that the correct thing is for the gentleman who seeks the in- troduction to make acquaintance with the lady's brother or other male friend, which may be done while bathing, or by offering or asking a light for a cigar. But if the lady has only female friends, it would seem that her ad- mirer must keep his admiration to himself, and see her complete her month's visit and depart without having told his love, unless she should happen to drop her flove upou tiio "Rsplnnade,. or meet with some other incident which may justify interposition OIl nilu uwuur without the previous ceremony of introduction. It ap- pears that in the case under consideration the lady had a brother so, if Mr. Tovey had been patient, he might kave attained his object with strict regard to conven- tionality. But Mr. Tovey was not patient. He spoke to the lady, and she did not refuse to listen. But we know that little sins lead to great sins, and accordingly this lady, who had been less regardful than she should have been of the conventional etiquette of Scarborough, "*1 not hesitate, a few days afterwards, to commit a contempt of the Court of Chancery. If a yourg woman does not fear either Mrs. Grundy or the Lords Justices, she is not likely, to regard anything that we may say, and therefore we will say nothing. But the beginning having been made, Mr. Tovey proceeded rapidly to the end. He explained fully his position, and stated fnmkly that he wanted somebody who would take an interest in him and see him righted. The lady did not find that he was mad, but, on the contrary, thought him a very I nice young man. He friends approved the step which she resolved to take, and, accordingly, on A. ugust 27 a marriage ceremony was performed between her and Mr. Tovey at Claremont Chapel, Scarborough. The bride and bridegroom spent the day together, but Mr. Tovey yielded to the obligation to return to appointed place with the fidelity of the Ghost n Hamlet. At nine o'clock in the evening he ndered himself at Dr. Hewson's house, and •j'ext day he was taken back to the asylum in Stafford- shire, so that he saw his bride no more. A secret cor- respondence was kept up between them for some weeks, but it was afterwards discovered and stopped. The lady's friends, acting on the authority which they allege themselves to fcave received from Mr. Tovey. have pre- sented a petition to the Lord Chancellor, asking that the finding of Mr. Tovey lunatic by commission may be superseded, or, at least, that his condition may be ameliorated by removing him from the asylum, and re- storing him to that enjoyment of air and liberty which was allowed at Goring. They produce evidence of clergymen and other respectable persons, among whom Mr. Tovey had lived for upwards of two years, to prove that he is not mad at all, or at any rate that his madness is neither dangerous nor disagreeable; and they urge against restraint the argument which has often been urged before, that to put a man into a madhouse is enough to make him mad. All readers will probably agree that they have now had laid before them the out- lines of a story excellently adapUd for embellishment by an artist of Mr. Reade's school. Some readers are probably indignant at the treatment which Mr. Tovcy has undergone, and expect to be informed that the Court of Chancery has ordered his release. But the Lords Justices, before whom the petition came last week, not only did not accede to it, but testified a strong inclina- tion to do what may be described as wiping their boots in it. And it is proper to say that the court had good legal reasons for what it did. The evidence of inhabit- ants of Goring as to Mr. Tovey's sanity was answered by the remark that there never was a disputed case in which such evidence was not forthcoming. Delusions may exist which justify the imputation of insanity, and yet the alleged lunatic may mingle in social intercourse without betraying that he is possessed by them. The court, when called upon to decide between such evidence and that adduced in support of a commission, may either examine the lunatic itself or rmv appoint for that purpose a physician of eminent skill who is above sus- picion of partiality. In Mr. Tovey's case the latter course had been adopted, and the Lords Justices stated that the physician's report satisfied them of his insanity. Whatever else may be said of the jurisdiction exercised over lunatics in Chancery, it must be admitted that the distinguished judges who exercise it arc actuated by a consele, Itious desire to do right. They must either pro- ceed by the light of their own intelligence, or they must seek the best assistance which the medical profession can supply. The popular belief that what are called mad-doctors will prove anybody to be mad is not desti- tute of foundation. But the Lords Justices can only take medical science as they find it. There is, however, lio difficulty in crediting the statement that Mr. Tovey showed himself a month ago to be indisputably mad. The only question is whether, if he was only disputably mad when he lived at Goring, it might not be better that he should be allowed to live there again. The technical answer to this question is that the committee of the lunatic's person is the proper judge of matters relating to his health and comfort, and unless it could be shown that the committee had misbehaved or was unworthy of trust the court would not interfere. A petition pre- sented in the lunatic's name by friends of the lady who had ventured, in defiance of the court, to go through a ceremony of marriage with him, was not, strictly speaking, entitled to be heard. Such persons could have ne proper locus standi before the court. It was urged that, whoever asked for the lunatic's enlargement, the court ought to grant it in the hope, which experience showed to be well founded, that his mental and bodily health would be improved. But the court answered that there was small encouragement to allow liberty, seeing how it been abused at Scarborough. The conclusion of the Lords Justices is. fiom their point of view, irre- fragable but it may perhaps be permissible to draw attention to some considerations which appear applicable ( to cases of this kind, although they are not dreamed of j in the philosophy of Lincoln's Inn. We will venture to | ask whether that which was done at Scarborough was really so very shocking as a Lord Justice thinks it? May we be allowed, without direspect, to hint that possibly the lady before mentioned could manage Mr Tovey better than the Lord Chancellor and the Lords Justices, with the help of the Masters in Lunacy, secretaries, and clerks P It may be for this purpose a bonnet covers more true wisdom than any number of full-bottomed and other wigs. We have not before us the medical opinions given upon Mr. Tovey's case, and therefore we shall not presume to form any decisive judgment on it. But we can easily suppose a case which is techni- eally one of insanity, but which, under judicious manage- meut, might pass from the cradle to the grave as one of eccentricity or infirmity of character. If a young gen- dernan who is not very strong in the head falls in love with a young German lady who plays seductively upon a cithern, and if the young lady is willing, and the young gentleman's friends can afford to allow them a maintenance, by all means let them marry; and it is probable that during their joint lives the world will hear nothing about lunacy in the gentleman. But parental authority interposes, and makes all the son's future life miserable. And when the father's control terminates by his death, the Court of Chancery steps into his place, and, with the best intentions, and acting upon established rules, makes the son's last state more wretched than his first. The proceedings in the matter of a lunatic who has a large estate, are conducted with all the solemn and cumbrous formality to which English lawyers an so devotedly attached. Such proceedings are profitable to the practitioners concerned, and bene- ficial to the lunatic's heir-at-law and next of kin, for whom his estate is preserved and augmented, and the only person who suffers under them is the lunatic himself. There can be no question that the Court does its best ac- cording to its lights and the powers at its command, but it is easy to conceive a case in which it might heartily be wished that the Court could have let the lunatic alone. The unfortunate Mr. Tovey seems to come near to, realizing that case which has been sometimes treated as impossible—namely, the case of a man who has been undone by having a large estate left to him. One of the clerical deponents whose affidavit was read to the court stated that during Mr. Tovey's residence at Goring he regularly attended the afternoon services in the church of the adjoining parish of Stoke, as also the services on the Saints'-day evenings in all weathers, and for these and other reasons he appeared to me to be a devout and religious man." There are perhaps people who consider that a man who goes to church on 3aints'-days gives prima facie evidence of his in- sanity and such people may possibly feel thankful that Mr. Tovey being immured in an asylum, is protected against indulging a tendency which seems to have existed in his mind towards Ritualism. It was gravely pro- pounded on one side as evidence of insanity, and denied on the other, that Mr Tovey put on board the boat a large image of the Virgin Mary, and rowed it up and down the Thames. But if such evidence could suffice to prove madness, sailors of the south of Europe are, and always have been, mad. Another deponent, who was ehief constable and parish officer of Goring, stated that he had been out boating with Mr. Tovey on r the Thames, and went with him to the Wallingford regatta. He rowed me there and back." If Mr. Tovey had been a dangerous lunatic, the worthy chief constable and parish officer would have been in a posi- tion calculated to excite lively anxiety in the minds of all inhabitants of Goring. The same deponent says that during all the time he knew Mr. Tovey, which was nearly three years, he always found him to be quiet and orderly. He never got into any trouble or disturb- ance, and I never heard him use any violent or bad language." Another important feature in the case was that the only act of violence which was distinctly alleged against Mr. Tovey was one which might very easily have been committed by a. perfectly sane man. It would show very small acquaintance with the character of mental disease to argue from such evidence as has been quoted that the finding of Mr. Tovey's in- sanity by the commissioner ought to be set aside. But it is possible that, if Mr. Tovey's rich uncle had not died, he would at this moment have been occupied in aquatic amusements on the Thames on week days, and in going three times to church, at Goring or adjoining parishes, on Sundays. The Lords Justices stated that £700 a-verr is now allowed for Mr. Tovey's mainten- ance, and that they were satisfied that nothing could be done for his comfort and happiness more than is done at the asylum. It may be assumed as probable that, if Mr. Tovey were allowed to live in Goring as little cared for by the court as in the days when he was comparatively poor, the sea-nymph whom he met last autumn would become a river-nymph. The result here indicated is doubtless shocking to propriety, and we are quite sure that the wiff of anv Lord Chancellor.. past or present, would stand on end at the tare thought of it. But perhaps the system over which those learned dignitaries preside is a little too elevated and spiritual for the capacity of average human nature. A lunatic cannot marry, and society would call his cohabitation with a woman by an ugly name.. There arc infinitely various forms ard degrees of lunacy,, and we must once more guard ourselves against being, supposed to pronounce an opinion upon the case of Me. Tovey. But that case suggests that it is possible for the Court of Chancery to take a man who has a large- fortune, and is in the prime of life, but a little touched in the head, and make a monk of him and then report to itself that the comfort and happiness of the lunatic have been effectually provided for at an expense of £ 700^ a-year..

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