Part 61 (1/2)

”But I thought an insane person was civiliter mortuus, and couldn't sue.”

”So he is; but this man is not insane in law. Shutting up a man on certificates is merely a preliminary step to a fair trial by his peers whether he is insane or not. Take the parallel case of a felon. A magistrate commits him for trial, and generally on better evidence than medical certificates; but that does not make the man a felon, or disent.i.tle him to a trial by his peers; on the contrary, it ent.i.tles him to a trial, and he could get Parliament to interfere if he was not brought to trial. This plaintiff simply does what, he will say, you ought to have done; he tries himself; if he tries you at the same time, that is your fault. If he is insane now, fight. If he is not, I advise you to discharge him on the instant, and then compound.”

Wheeler said he was afraid the plaintiff was too vindictive to come to terms.

”Well, then, you can show you discharged him the moment you had reason to think he was cured, and you must prove he was insane when you incarcerated him; but I warn you it will be uphill work if he is sane now; the jury will be apt to go by what they see.”

Ba.s.sett and Wheeler retired; the latter did not presume to differ; but Ba.s.sett was dissatisfied and irritated.

”That fellow would only see the plaintiff's side,” said he. ”The fool forgets there is an Act of Parliament, and that we have complied with its provisions to a T.”

”Then why did you not ask his construction of the Act?” suggested Wheeler.

”Because I don't want his construction. I've read it, and it is plain enough to anybody but a fool. Well, I have consulted counsel, to please you; and now I'll go my own way, to please myself.”

He went to Burdoch, and struck a bargain, and Sir Charles was to be s.h.i.+fted to Burdoch's asylum, and n.o.body allowed to see him there, etc., etc.; the old system, in short, than which no better has as yet been devised for perpetuating, or even causing, mental aberration.

Rolfe baffled this, as described, and Ba.s.sett was literally stunned. He now saw that Sir Charles had an ally full of resources and resolution.

Who could it be? He began to tremble. He complained to the police, and set them to discover who had thus openly and audaciously violated the Act of Parliament, and then he went and threatened Dr. Suaby.

But Rolfe and Sir Charles, who loved Suaby as he deserved, had provided against that; they had not let the doctor into their secret. He therefore said, with perfect truth, that he had no hand in the matter, and that Sir Charles, being bound upon his honor not to escape from Bellevue, would be in the asylum still if Mr. Ba.s.sett had not taken him out, and invoked brute force, in the shape of Burdoch. ”Well, sir,”

said he, ”it seems they have shown you two can play at that game.” And so bade him good afternoon very civilly.

Ba.s.sett went home sickened. He remained sullen and torpid for a day or two; then he wrote to Burdoch to send to London and try and recapture Sir Charles.

But next day he revoked his instructions, for he got a letter from the Commissioners of Lunacy, announcing the authoritative discharge of Sir Charles, on the strong representation of Dr. Suaby and other competent persons.

That settled the matter, and the poor cousin had kept the rich cousin three months at his own expense, with no solid advantage, but the prospect of a lawsuit.

Sharpe, spurred by Rolfe, gave him no breathing time. With the utmost expedition the Declaration in Ba.s.sett _v._ Ba.s.sett followed the writ.

It was short, simple, and in three counts.

”For violently seizing and confining the plaintiff in a certain place, on a false pretense that he was insane.

”For detaining him in spite of evidence that he was not insane.

”For endeavoring to remove him to another place, with a certain sinister motive there specified.

”By which several acts the plaintiff had suffered in his health and his worldly affairs, and had endured great agony of mind.”

And the plaintiff claimed damages, ten thousand pounds.

Ba.s.sett sent over for his friend Wheeler, and showed him the new doc.u.ment with no little consternation.

But their discussion of it was speedily interrupted by the clas.h.i.+ng of triumphant bells and distant shouting.

They ran out to see what it was. Ba.s.sett, half suspecting, hung back; but Mary Gosport's keen eye detected him, and she held up the heir to him, with hate and triumph blazing in her face.