"
"But that is no defense to this plaint. The statute forbids you to
imprison an insane person without certain precautions; but it does not
give you a right, under any circumstances, to imprison a sane man. That
was decided in Butcher _v. _Butcher. The defense you rely on was
pleaded as a second plea, and the plaintiff demurred to it directly.
The question was argued before the full court, and the judges, led by
the first lawyer of the age, decided unanimously that the provisions of
the statute did not affect sane Englishmen and their rights under the
common law. They ordered the plea to be struck off the record, and the
case was reduced to a simple issue of sane or insane. Butcher _v._
Butcher governs all these cases. Can you prove him insane? If not, you
had better compound on any terms. In Butcher's case the jury gave 3,000
pounds, and the plaintiff was a man of very inferior position to Sir
Charles Bassett. Besides, the defendant, Butcher, had not persisted
against evidence, as you have. They will award 5,000 pounds at least in
this case."
He took down a volume of reports, and showed them the case he had
cited; and, on reading the unanimous decision of the judges, and the
learning by which they were supported, Wheeler said at once: "Mr.
Bassett, we might as well try to knock down St.
Pages:
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379