"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 shifted 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 clashing 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.

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 Ba.s.sett, 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 circ.u.mstances, 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 Ba.s.sett. 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.

Ba.s.sett, 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 compounded by an apology, a solemn retractation in writing, and the payment of four thousand pounds; his counsel a.s.sured him his client was very lucky to get off so cheap.

Ba.s.sett paid the money, with the a.s.sistance of his wife's father: but it was a sickener; it broke his spirit, and even injured his health for some time.

Sir Charles improved the village with the money, and gave a copy-hold tenement to each of the men Ba.s.sett had got imprisoned. So they and their sons and their grandsons lived rent free--no, now I think of it, they had to pay four pence a year to the Lord of the Manor.

Defeated at every point, and at last punished severely, Richard Ba.s.sett fell into a deep dejection and solitary brooding of a sort very dangerous to the reason. He would not go out-of-doors to give his enemies a triumph. He used to sit by the fire and mutter, "Blow upon blow, blow upon blow. My poor boy will never be lord of Huntercombe now!" and so on.

Wheeler pitied him, but could not rouse him. At last a person for whose narrow attainments and simplicity he had a profound, though, to do him justice, a civil contempt, ventured to his rescue. Mrs. Ba.s.sett went crying to her father, and told him she feared the worst if Richard's mind could not be diverted from the Huntercombe estate and his hatred of Sir Charles and Lady Ba.s.sett, which had been the great misfortune of her life and of his own, but nothing would ever eradicate it. Richard had great abilities; was a linguist, a wonderful accountant; could her dear father find him some profitable employment to divert his thoughts?

"What! all in a moment?" said the old man. "Then I shall have to _buy_ it; and if I go on like this I shall not have much to leave you."

Having delivered this objection, he went up to London, and, having many friends in the City, and laying himself open to proposals, he got scent at last of a new insurance company that proposed also to deal in reversions, especially to entailed estates. By prompt purchase of shares in Ba.s.sett's name, and introducing Ba.s.sett himself, who, by special study, had a vast acquaintance with entailed estates, and a genius for arithmetical calculation, he managed somehow to get him into the direction, with a stipend, and a commission on all business he might introduce to the office.

Ba.s.sett yielded sullenly, and now divided his time between London and the country.

Wheeler worked with him on a share of commission, and they made some money between them.

After the bitter lesson he had received Ba.s.sett vowed to himself he never would attack Sir Charles again unless he was sure of victory. For all this he hated him and Lady Ba.s.sett worse than ever, hated them to the death.

He never moved a finger down at Huntercombe, nor said a word; but in London he employed a private inquirer to find out where Lady Ba.s.sett had lived at the time of her confinement, and whether any clergyman had visited her.

The private inquirer could find out nothing, and Ba.s.sett, comparing his advertis.e.m.e.nts with his performance, dismissed him for a humbug.