"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.
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