ALFRED HARDIE spent three days writhing in his little lodging. His situation had been sadder, but never more irritating. By right possessor of thousands, yet in fact reduced to one suit, two shirts, and half-a-crown: rich in intellect, yet hunted as a madman: affianced to the loveliest girl in England, yet afraid to go near her for fear of being torn from her again, and for ever. All this could last but one week more;but a week's positive torture was no trifle to contemplate, with a rival at his Julia's ear all the time. Suppose she should have been faithful all these months, but in this last week should he worn out and give herself to another: such things had been known. He went to Lincoln's Inn with this irritating fear tearing him like a vulture. Mr. Compton received him cheerfully, and told him he had begun operations in Hardie _versus_ Hardie: had written to Thomas Hardie two days ago, and inquired his London solicitor, and whether that gentleman would accept service of the writ in Hardie _versus_ Hardie.
"To Thomas Hardie? Why, what has he to do with it?" asked Alfred.
"He is the defendant in the suit." Then seeing amazement and incredulity on Alfred's face, he explained that the Commissioners of Lunacy had treated him with great courtesy; had at once furnished him with copies, not only of the order and certificates, but of other valuable documents.
"And there," said he, "lies the order; signed by Thomas Hardie, of Clare Court, Yorkshire.""Curse his impudence," cried Alfred in a fury; "why, sir, he is next door to an idiot himself.""What does that matter? Ah, now, if I had gone in a passion and indicted him, there would be a defence directly; 'no malice, defendant being _non compos.'_ Whereas, by gently, quietly suing him, even if he was a lunatic, we would make him or his estate pay a round sum for falsely imprisoning a sane Briton. By-the-by, here is counsel's opinion on your case," and he handed him a short opinion of a distinguished Queen's Counsel, the concluding words of which were these:
3. If the certificates and order are in legal form, and were made and given _bona fide,_ no action lies for the capture or detention of Mr.
Hardie.
"Why it is dead against me," said Alfred. "There goes the one rotten reed you had left me.""Singularly dead," said the attorney coolly; "he does not even say 'I am of opinion.' He is in great practice, and hardworked: in his hurry he has taken up the Lunacy Acts, and has forgotten that the rights of sane Englishmen are not the creatures of these little trumpery statutes. No, thank you; our rights are centuries older, and prevail wherever, by good luck, the statutes of the realm are silent; now they are all silent about incarcerating sane men. Besides, he gives no cases. What is an opinion without a precedent? A lawyer's guess. I thought so little of his opinion that I sent the case to a clever junior, who has got time to think before he writes." Colls entered soon after with the said junior's opinion. Mr.
Compton opened it, and saying, "Now let us see what he says," read it to Alfred. It ran thus:
"There was clearly a right of action under the common law and it has been exercised. _Anderdon v. Brothers; Paternoster v. Wynn,_ &c. Such a right can only be annulled by the express terms of a statute: now the 8 and 9Victoria, cap. 100, sect. 99, so annuls it as against the madhouse proprietor only. That, therefore, is the statutory exception, and tends to confirm the common right. If the facts are as represented (on which, of course, I can form no opinion), Mr. Hardie can safely sue the person who signed the order for his alleged false imprisonment.
"I agree with you that the usual course by praying the Court of Chancery for a Commission de Lunatico Inquirendo, is timorous, and rests on prejudice. Plt., if successful, is saddled with his own costs, and sometimes with Deft.'s, and obtains no compensation. It seems clear that a jury sitting at Nisi Prius can deal as well with the main fact as can a jury sitting by the order of the Chancellor; and I need not say the costs will go with their verdict, to say nothing of the damages, which may be heavy. On the other hand, an indictment is hazardous; and I think you can lose nothing by beginning with the suit. By having a shorthand writer at the trial, you may collect materials for an indictment, and also feel the pulse of the court; you can then confer upon the evidence with some counsel better versed in criminal law than myself. _My_ advice is to sue Thomas Hardie; and declare in Tort.
"(Signed) BARROW.
_"N.B._--I have been thus particular, because Hardie _v._ Hardie (if carried to a verdict) will probably be a leading case.""Who shall decide when counsel disagree?' inquired Alfred satirically.
"That depends on where they do it. If in court, the judge. If here, the attorney."You appear sanguine, Mr. Compton," said Alfred; "perhaps you would not mind advancing me a little money. I've only half-a-crown.""It is all ready for you in this drawer," said Compton cheerfully. "See thirty sovereigns. Then you need not go to a bank.""What, you knew I should borrow?""Don't all my clients begin by bleeding _me?_ It is the rule of this office.""Then why don't you give up business?""Because I bleed the opposite attorney's client a pound or two more than my own bleeds me."He then made Alfred sign a promissory note for the thirty pounds: advised him to keep snug for one week more, and promised to write to him in two days, and send Thomas Hardie's answer. Alfred left his address and went from Mr. Compton a lighter man. Convinced of his courage and prudence, he shifted one care off his own shoulders: and thought of love alone.
