, and she held up the heir to
him, with hate and triumph blazing in her face.
He crept into his own house and sank into a chair foudroye.
Wheeler, however, roused him to a necessary effort, and next day they
took the Declaration to counsel, to settle their defense in due form.
"What is this?" said the learned gentleman. "Three counts! Why, I
advised you to discharge him at once."
"Yes," said Wheeler, "and excellent advice it was. But my client--"
"Preferred to go his own road. And now I am to cure the error I did
what I could to prevent."
"I dare say, sir, it is not the first time in your experience."
"Not by a great many. Clients, in general, have a great contempt for
the notion that prevention is better than cure."
"He can't hurt me," said Bassett, impatiently. "He was separately
examined by two doctors, and all the provisions of the statute exactly
complied with."
"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. Paul's with our heads
as to go against this decision."
They then settled to put in a single plea, that Sir Charles was insane
at the time of his capture.
This done, to gain time, Wheeler called on Sharpe, and, after several
conferences, got the case
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