London Evening Standard - Wednesday 30 September 1829
Writ de lunatico inquirendo.
This Day.
A jury of highly respectable gentlemen was summoned this morning to inquire whether the Hon. Wm. Jervis Jervis, of Upper Seymour-Street, Grosvenor-square, and Teddington, in the County of Kent [recte Middlesex], son of Viscount St. Vincent, was of unsound mind, and whether if so he had alienated any lands or estates of which he had been seized.
The acting commissioners were Messrs [William] Phillimore, Whitmarsh, and Jacob. Messrs. Horne and Hill appeared in support of the commission, on behalf of Lord St. Vincent; and Messrs. Knight, Wakefield, and Thessiger, for the lunatic, and his mother, the Hon. Mrs. Graves. Mr. Alderman Atkins was the foreman of the jury.
Mr. Horne said, that for the purpose of rendering the whole of this case intelligible he would trouble them with a short outline of the facts it was his intention to prove in evidence.
The gentleman who was the unfortunate subject of the inquiry was the eldest son and heir of Lord Viscount St. Vincent, a nobleman who inherits the second title of the celebrated Earl St. Vincent.
He understood that from his earliest infancy, if not from his birth, this gentleman had been of very weak and imbecile mind, and if it was necessary for the purpose of this inquiry, they might have fixed a much earlier period in his life from whence to date insanity.
That, however, was not necessary; but he should prove that circumstances having produced strong excitement upon a mind naturally so imbecile, had left it in a state of confirmed unsoundness.
It would be shown that this gentleman, it being considered prudent for him to make a choice of a profession, had in early life entered the naval service, where he had served for some years; but a few days previously to his obtaining his lieutenancy, he, from some unaccounted whim, left the naval and entered the military service.
This was in 1815. Some time after this he married a very respectable lady of the name of Barnard [recte Sophia Vincent], and during her life received those kind and judicious attentions that perhaps rendered a proceeding this sort unnecessary.
But in October, 1828, that lady died, and from that date he would prove that Mr. Jervis had been altogether incapable of managing himself or his affairs.
When they were first married they resided with Mrs. Jervis's father, Mr. Barnard [recte George Norborne Vincent], in Berkeley-square, but a relation of Mrs. Jervis having left her some property that formed a handsome addition to their Income, they engaged a house at Teddington for their country residence.
It was in this house that the unfortunate circumstances he was about to relate occurred.
In the month of October last year Mr. Jervis found himself exceedingly unwell, and it was necessary to call medical assistance. A Mr. Roots, a surgeon of great eminence, was solicited to attend, and he found that lady in a very dangerous state, with every symptom of approaching miscarriage, under circumstances of the most alarming nature.
Sophia was pregnant with twins, Julia and Charlotte. They were born on 23/4 October 1828 and were baptised and died on 25 October 1828. Their mother died on 2 November 1828. All three were buried at St Mary, Teddington on 8 November 1828. Someone other than William must have arranged the funeral.
That gentleman was, of course, anxious to see the master of the family. For some days he could not procure that interview, and when he did it was attended with incidents so uncommon that left no room to doubt the malady under with the gentleman was labouring.
Mr. Roots would detail all the circumstances to the jury, and he would, therefore, abstain from particularly detailing them.
On the 2d of November this lamented lady died, and Mr. Roots would also explain to them the manner in which Mr. Jervis received the intelligence of the great loss he had sustained. Mr. Roots proposed to send for him some kind friend to comfort and console him, and he replied - "Yes I do want something, a little medicine will be the best thing; sent it."
From the desolate state of the house at that period, with three children deprived of all care but what they received from the servants, Mr. Roots thought it absolutely necessary to call in some friend; and with Mr. Jervis's consent, application was made to Mr. Pallmer, the member for Surrey, for his advice and assistance.
Eventually a lady was introduced to the house to manage the domestic concerns. She was the widow of a gentleman, who, for years, had been insane, and her evidence of the conduct of Mr. Jervis the jury would have an opportunity of hearing.
The learned gentleman then detailed several other actions of decided insanity among which was the delusion of the unfortunate subject of this this enquiry entertained about marrying; and having determined to take for his second wife a lady of distinguished rank residing in the neighbourhood whom he had never seen.
He then came to the period when, if the jury should have any doubts of previous insanity, he should prove complete aberration of intellect to demonstration.
About the 3d of February in the present year he paid a visit to his father's, at his seat in Staffordshire, and on his return on the 10th of that month, he exhibited such symptoms of decided derangement that he could have no doubt as to the issue of the inquiry.
He left his house, and between four and five o'clock in the morning was found by two patrols wandering in the road near Camden Town, without shoes and stockings; and in reply to their questions why he did not wear those articles, he replied that he was so cold in bed that he was walking with bare feet in the mud, as the very best way of warming himself.
From that time he had been under the care of the first medical advice the country produced. Dr. Borland and Dr. Munro had ordered Mr. Jervis to be under the care of keepers; those gentlemen would describe the state of Mr Jervis to the jury, as would also Dr. Gooch; Sir George Tuthill, who had been sent down by the Lord Chancellor; and Dr. Haslam and Mr. King, who had been permitted to attend on the part of those who opposed these proceedings.
The learned gentleman then alluded at some length to the proceedings in Chancery in this case; and concluded by saying that it was not his wish to snatch a verdict, but that the object of all parties was the same, to afford all that sufficient and legal protection the object of the inquiry might require.
Mr. Knight objected to Mr. Horne having mentioned to the jury two dates, namely, the death of Mrs. Jervis and the 10th of Feb. That was not altogether regular; it was true that in an investigation of this kind the time occupied in the inquiry was a matter of no consideration, but if justice could be done without entering into unnecessary evidence, it might be better; he therefore submitted to his learned friends that they should confine themselves to the latter date.
Mr. Horne objected to this, and after some discussion, it was resolved to give evidence in the manner proposed.
Mr. W. Roots, a surgeon, then deposed, that he was called in to attend Mrs. Jervis, whom he found in a state threatening miscarriage. After some visits, as he was descending from that lady's chamber, the drawing room door opened, and a gentleman, whom he has since learned was Mr. Jervis, ran up to him, and in a very hurried way, called out at least 20 times, "Thank you, Mr. Roots, for your attention to Mrs. Jervis." He then ran down with equal rapidity into the library, and hastily shut to the door, so preventing any communication.
On the next day, Mrs. Jervis being in considerable danger, witness got an interview with her husband, to whom he related the circumstances of danger in which the lady lay. He received it very quietly and coolly, repeating witness's words, "Mrs. Jervis is very ill—Mrs. Jervis is very ill, in a dangerous state." He then changed the subject, and talked of a pony of which he was very fond.
I told him what orders I had given above, and he attended me to my carriage without making any further allusion to his lady. Mrs. Jervis died on the 27th of November [recte 2 November], and I communicated to Mr. Jervis that she was dead. He did not evince the slightest emotion: ten or a dozen times he repeated my words, "Mrs. Jervis is dead, Mrs. Jervis is dead."
I communicated with Mr. Pallmer, the member for Surrey, upon the state of Mr. Jervis's family that day. On the following day, I had half an hour's conversation with Mr. Jervis. He yet appeared in a perfect state of indifference, and whenever I recalled his loss to his attention, he immediately wandered off to another subject. The day previously, I told him that some confidential friend should he made acquainted with his loss; he said, "Write to Mr. Browning—Mr Browning" - repeating the name a dozen times.
I got the paper ready to do so. On asking him where Mr. Browning was, he said, "He is my best and only friend." I asked what profession he followed; he answered. "A lawyer; he is a d——d [damned] rascal," repeating that several times; "and all lawyers are rascals; I won't have him; I'll have Hartley, Hartley, Hartley—but he too is a lawyer, and 1 won't have him."
I then applied to Mr. Pallmer, with Mr. Jervis's consent. I afterwards saw him frequently in June, July, and August of the present year, and indeed up to the present time, and conversed with him. As a medical man I should pronounce Mr. Jervis to be a man of very imbecile mind, and altogether incapable of conducting his affairs or taking care of his person.
By Mr. Commissioner Phillimore.—
Mr. Jervis labours under considerable delusion; for instance, he commissioned witness to make overtures of marriage with a lady of high rank residing in the neighbourhood. I asked him if he had ever seen her; he answered, no.
I then asked how he had formed an attachment. He replied, "I fell in love with her in consequence of sitting next her mother at a public breakfast at my Lord Say [recte Saye] and Sele's."
He had communicated with Mr. Pallmer relative to this match, and he begged me to consult with Mr. Pallmer as to the best mode of carrying on the courtship. I requested him not to be too precipitate, as it required a good deal of judgment to carry on such a negociation [sic]; he said, "Yes, we must be very cautious, very cautious, Mr. Roots, Mr. Roots; Mr. Pallmer, Mr. Pallmer is my very good friend, he will give me good advice."
The next day he wrote a letter to me, and I had a communication with the member for Surrey. I humoured him telling him that whatever his future intentions might be, it was yet premature, so soon after the death of Mrs. Jervis. This was on the 10th of June; and in all my future visits he had always inquired how I and Mr. Pallmer got on, and when the match would be made.
Mr. Jervis has also a peculiar delusion in drawing cheques on bankers. ln June he said to me, that as my son, who is in partnership with me, had attended the post mortem examination of his wife and that he had met him once at Mr. Pallmer's, he ought to be feed [as in paid his fee].
I told him it was quite unnecessary, as he had feed me with a £20 draft a few days before. He said "I insist upon feeing your son," and he asked me what the sum should be. I said it was usual to leave it to the patient. He asked me whether it should be £20 or £30. I said the smaller sum was much too liberal. I have the draft in my pocket; it was drawn for £20. The draft was then produced.
Mr. Horne submitted that this examination was unnecessary. The commissioners thought differently; it appeared to them very important, as it showed the state of the mind of the prisoner.
Mr. Horne said that they would produce other facts a thousand times more strong.
Mr. Roots continued.—
Mr. Jervis was subject to various other delusions. One day he bought a pair of slippers, and he wanted to know what the lady of rank would think of them, as they were altogether his own choice.
Cross-examined by Mr. Knight.—
From my first seeing Mr. Jervis on the stairs, I thought him of unsound mind; from that isolated instance I should not, however, pronounce him incapable of taking care of himself and his property. That judgment is formed from his general conduct.
I must object to answer the speculative question of what meaning I abstractedly attach to the term unsound mind. From my general observations, and all that has occurred since the first interview in October, the impression of my mind is that he is, and from that period has been, of unsound mind.
Thomas Wallis, a patrol, deposed that early on the morning of the 9th of February, while on duty in Camden Town road, he met Mr. Jervis. He was walking without shoes or stockings. Witness asked him who he was, but he would not answer; he said if he pleased he might be walking there without being interrupted by them. He replied that he was a police officer, and if he did not tell him who he was he should take him to the watchhouse.
He then said that he came from Worrall's Hotel [19 Park Street, Mayfair]. He afterwards said that his name was Jervis, and that he was the eldest son of Lord St. Vincent. He said that on Monday he took a post chaise to go to Bath to tell his sisters [Maria Jervis and ?] that they had put a lad in the house to take care of it—a regulation he by no means approved of; he however had altered his mind when on the road, and returned.
Thomas Wilks, another patrol, corroborated most of this statement. Mr Jervis told him that he had been down into Staffordshire to his father's house, who forced him to make a will; on his return to town, his solicitor obliged him to make another quite the reverse to that, on which account he was fearful of meeting his father. He accounted for walking without shoes and stockings, by saying that he was a naval man. We took him to Teddington, and delivered him to the care of his servants.
Doctor James Borland was called in to see Mr. Jervis in the middle of the night, on the 10th of February. I found him in a state of great excitement. He was by himself, having driven all the servants out. He however knew him. He was in a dreadfully dirty state. He had been in bed, but had got up. He said he was in the hands of conspirators who had beset him. He begged my protection, and hoped I would befriend him.
I begged he would go to bed, and allow one of his servants to remain in the room with him. He did so.
He then said, "I suspect you are one of the gang also." I said "You know l am a neighbour of yours, and I will do every thing to protect you." He said, "I see by your countenance that you are one of my father's gang."
He drank some tea, but refused to tell me what had happened.
My opinion at that time was of course that he was in a paroxysm of insanity.
At eight o'clock in the morning of the 12th, a servant came for me. I went, and found him at the house of a person who keeps a school in the village; he had no coat or hat, or stockings on; he had a shawl over his shoulders. He said he had escaped out of the window.
His person was bruised and cut. I requested him to go home: he said his intention in leaving his own home was to come to mine for protection. His own carriage came to the door, and I borrowed a coat and so on for him. He was still labouring under a strong delusion of a conspiracy against him.
I continued to attend him from February to the latter end of May, part of which time he was under the care of keepers, and he was treated as an insane person. On the morning of the 12th he was very furious: he had a poker in his hand, attempting to strike every one who came near to him; it was taken from him by force.
I have heard him speak of marrying many different ladies in the neighbourhood. I saw him yesterday and the day before; his mind yet wanders about marrying a particular lady of title. He is easily persuaded. I think that I could with the greatest ease persuade him to marry any one I should name.
After attending him for 15 days, he ceased to recollect my person. He once addressed me as Dr. Bates of his Majesty's ship Fame; he did so for four days, and said he got acquainted with me at Hull. He afterwards addressed me as the Duke of Wellington (Dr. Borland's personal likeness to his grace was here particularly noticed).
He asked me to give him some good thing. He said he was lineally descended from Edward the Confessor, and heir to the crown of England.
He frequently asked my opinion of what lady he should marry. At the present time he is very quiet and peaceable, and has no other very strong delusion, except that about the lady so often alluded to.
From all these facts, l am decidedly of opinion that he is not in a sound state of mind, or capable of managing his own affairs.
This witness was cross-examined at considerable length, but nothing worthy of notice was elicited.
It is expected that the inquiry will last till a late hour in the evening.
London Evening Standard - Thursday 1 October 1829
Writ de lunatico inquirendo.
This Day.
This inquiry, which appears to excite considerable and increased interest, was resumed this morning at Gray's Inn Coffee-house.
Mr. Knight, at very considerable length, addressed the jury, He said that he, assisted by his learned friends, appeared as counsel for Mr. Jervis, and some of his nearest relatives, on an occasion that was unquestionably the most painful that a professional man could be employed. He, however, appeared there with feelings as little oppressed as, under such circumstances, it was possible.
He had had an opportunity of perusing the written evidence that had been adduced in Chancery, of inspecting papers in the handwriting of Mr. Jervis himself, of seeing the report of the two physicians selected by the Lord Chancellor to visit this unfortunate gentleman; and under such circumstances he felt considerable relief in approaching the task that now devolved upon him.
He felt it no part of his duty to deny but that the gentleman who was the subject of this Inquiry had been affected with the malady ascribed to him—indeed he would acknowledge that his mind had been affected.
But the main question was, what was the present state of his mind? And if the jury should be of opinion that now, at this time, he was not in a state of unsound mind, then there would be an end of their labour—then they would be saved from the trouble and pain of considering the contingent and secondary questions that would grow out of their coming to an opposite conclusion—
At what time did this malady begin? He perfectly agreed with his learned friend Mr. Horne, that it was not for them to approach that question as plaintiffs and defendants; they all appeared as the friends of Mr. Jervis, having in view the single object, —the benefit of that gentleman; and if they appeared on contrary sides, it was only that that mode of conducting the investigation was the best adapted to elicit the truth.
Having made those observations, he would proceed to make some remarks upon the evidence that had been submitted before them.
He should not contend that Mr. Jervis had not been affected with this malady; but he did contend that the disease had passed away, and that this gentleman was not now in that state which the law calls unsoundness of mind. He was not incapable of scientific and rational conversation.
If however, the jury should form a contrary conclusion, then, as the learned counsel on the other side had correctly said, —although he (Mr Knight) had been represented as complaining of its being irregular,— then it would be their duty to select one of two dates as the period when this malady commenced.
Those dates were, as they would recollect, the latter end of October, nine days previous to the death of Mrs. Jervis, and the 10th or 12th of February, and he should respectfully but confidently submit that the latter day, the 12th of February, was the earliest period where anything like insanity was proved.
The fixing of this date would answer every purpose of protection that could be required, while, in the case of recovery, supposing the malady now exists—and nothing human could be calculated upon with greater certainty than a speedy recovery—this unfortunate gentleman would be spared the finding that when he committed certain acts he had been pronounced insane.
The learned gentleman, then, at very considerable length, remarked upon the evidence that had been adduced in support of the commission, which he contended was altogether insufficient to warrant the jury in finding this gentleman to be of unsound mind.
Here was a private gentleman, living upon his fortune, whose early education had not, from the peculiar circumstances in which his family was then placed, received that attention which the heir to noblemen generally did—of a mind, though certainly not too of the first order, yet sufficiently strong to enable him to conduct his own affairs, and act as a magistrate in the county where he lived—married to a virtuous and most estimable lady, whose connexions were of rank, respectability and wealth—a most sensible and well conducted woman, whose loss in the manner they had heard, was sufficient to break down the strongest mind.
That it had that effect upon Mr. Jervis he was willing to allow. In his wife he saw every part of his earthly happiness snatched away, and his mind was unequal to the shock.
But he Mr. Knight insisted that since then, he has been gradually recovering, and had now arrived at a state, that could not be considered a legal unsoundness of mind.
Mr. Roots, who in the absence of the regular medical attendant of the family was called in to Mrs. Jervis had deposed to the state of agitation in which he found this unfortunate gentleman, and to the remarkably quick transition from one subject to another he evinced. But recollecting the nature of the communication that the gentleman had to make to Mr. Jervis, that his wife was dying or dead, was there, he would ask, anything extraordinary in whatever agitation he evinced, or his unwillingness to dwell upon such a painful topic with a total stranger?
And if a hurried delivery, and frequent repetition of the same sentences, were to be admitted as decisive evidences of insanity, many, very may sensible man would be fit objects for confinement.
The learned gentleman then remarked at very considerable length, upon the other evidence that had been adduced; all of which he contented was insufficient to warrant the conclusion that Mr. Jervis was labouring under that unsoundness of mind that would justify the jury in returning a verdict of insanity.
But if, contrary to his expectations, they should be of that opinion, then, he was quite assured, they would fix the latest, the 12th of February, as the period when that aberration commenced.
Having made these remarks, he would leave the case in the hands of the jury. It had been their intention to have called witnesses and they were prepared with a host of gentleman who were ready to give testimony to the conduct of Mr. Jervis; but he and his learned friend, finding that such evidence would only include the intervening period between October and February, and not not after that date, had on further consideration determined not to offer any, but to leave the case as it now stood.
Mr. Horne expressed some surprise at such a resolution. It was the avowed object of the adjournment from yesterday to enable them to produce witnesses.
Mr. Hill said that he had waived his right to sum up the evidence that had been adduced, on the clear understanding that his learned friend, Mr. Horne, would be entitled to a reply; and feeling that the case would be much better in his hands. The unexpected turn the case had taken, however, obliged him now to claim that right.
Mr. Phillimore, the chief commissioner, said that they were placed in an awkward situation. It was customary to conduct these inquiries according to the practice at Nisi Prius, and there, where no evidence was offered by the defendant, the plaintiff could not reply.
Mr. Horne admitted that such was the customary mode of proceeding; but he submitted that the other dide had produced the lunatic, and put questions to him.
Mr. Knight altogether denied this. It was imperative upon those who sought a verdict of lunacy to produce the alleged lunatic before the jury. They had nothing to do with the matter.
Mr. Phillimore thought if the examination of Mr. Jervis was to be called evidence, such evidence must be considered as adduced by Mr. Horne's client.
Mr. Horne was satisfied in either way. If the other side objected to his remarking upon the evidence, it could be only from the apprehension of the effect his address might have upon the minds of the jury; and that very objection would be equally serviceable to his case.
The Chief Commissioner then inquired of the jury whether they had sufficient evidence before them, to come to a satisfactory conclusion upon the case, one way or the other.
After some consultation, strangers were ordered to withdraw.
Upon our re-admission, Mr. Alderman Atkins, the foreman of the jury, said that it was not their desire to have any further evidence, but they were desirous of again seeing the alleged lunatic, and retired again for that purpose.
On their return, the Chief Commissioner summed up. He asked whether the jury was satisfied that, Mr. Jervis was now of unsound mind, as in that case he would confine his remarks to the time when he was first afflicted with that malady.
Some of the counsel objected to this mode, and the Commissioner proceeded to sum up the case generally. He read over the whole of the evidence; the jury then retired, and after an absence of some time returned the following verdict:—
That the Hon. William Jervis Jervis is a person of unsound mind, and incapable of managing his own affairs; and that he has been so since the 11th day of February last." The following is the report of the physicians ap- pointed by the Lord Chancellor to examine into the state of mind of the Hon. William Jervis Jervis;—
IN THE MATTER OF THE HONOURABLE WILLIAM JERVIS JERVIS, A SUPPOSED LUNATIC
My Lord,— ln obedience to your lordship's order of the 1st inst., we, the undersigned, have this day visited the Honourable William Jervis Jervis, at Teddington House, in the county of Middlesex, for the purpose of examining the state of his mind;
and we have now the honour of reporting to your lordship that Dr. Haslam and Mr. King, two gentlemen named in the aforesaid order, arrived at Teddington House aforesaid about 12 o'clock, this day and after seeing and conversing with the said Wm. Jervis Jervis, as long as to them the said Dr. Haslam and Mr. King seemed meet and necessary, they the said Dr. Haslam and Mr. King, stated to us that nothing had occurred to interrupt their investigation into the state of Mr. Jervis's mind, and that they had then obtained all that free access to the said Wm. Jervis Jervis, which is requisite for such an investigation.
And we beg leave further to report to your lordship, that we afterwards saw and conversed with the said William Jervis Jervis for a considerable time, during which his appearance, manners, and conversation, were in our judgment characteristic of very great imbecility of mind.
Any answer given by him to any question was repeated by him many times in the same words for no apparent reason; for example, when asked if he had proposed to proceed with a body of soldiers to take possession of Warwick Castle, and hold a court there, or to marry the lady who superintends his present establishment, he answered 'Yes, but then I had a cold in my head; yes, a cold in my head—a cold in my head—a cold in my head—a cold in my head.' His voice diminishing in force until the words became scarcely audible.
Again, when asked what he would do if he were now at perfect liberty to act for himself? he appeared to have no plan, and to be quite incapable of forming any rational one, but said that he believed a cottage would be taken for him, although he knew not where; and then he repeated, 'A cottage, yes; a cottage, a cottage, a cottage is to be taken for me; I believe Mr. Thomas is to take a cottage for me, a cottage, yes, a cottage;' and he then added 'Perhaps I shall marry Lady ——,' a lady with whom he afterwards confessed he had no acquaintance.
Mr. Jervis recollected that in February last he was found by a watchman wandering about in the night, barefooted; at Camden Town, and the description which he himself gave us of what then happened, and of the impressions that guided him was, in our judgment, as insane as the act itself.
The mode in which Mr. Jervis spoke of his deceased wife, and of a letter written by him to break off his engagement with that lady a short time before their marriage, convinced us that he has not the affections and feelings of a person of sound mind. So that from the whole of our interview with him, we are decidedly of opinion that the mind of the said William Jervis Jervis is now unsound, so as to render him wholly unfit for the management either of himself or of his property.
We have the honour to remain, my lord,
Your lordship's most obedient humble servant,
24 Cavendish Square, Aug. 3, 1829
Geo. L. TUTHILL, M.D.
Wm. MACMICHAEL
To the Right Honourable the Lord Lyndhurst, Lord High Chancellor of Great Britain, &c. &c
