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Dr. Fox testifies that he has no doubt that Mr. Oakes is insane. His opinion must have great weight in this case, from his skill and experience in the treatment of insanity. He has had the care of insane persons for a long time. If we can not rely upon the opinion of those who have the charge of the institution, and there is no law to restrain the persons confined, we must set all the insane at large who are confined in the McLean Asylum. He thinks it dangerous for Mr. Oakes to be at large. Dr. McLellan, a physician at East Cambridge, whose testimony is in the case, expresses a different opinion. He says he had a conversation with Mr. Oakes of about twenty minutes. He could discover no indications of an insane mind. He knew nothing of the character of the girl, or of the facts and circumstance of the case, except as they were stated to him by Mr. Oakes. It is well known, that persons laboring under a delusion often reason with sagacity upon false premises. On the other hand, Dr. Fox is bound by his duty, his profession, and his responsibility to the public, to bestow a careful examination upon cases like this, and his opinion may well overbalance one which is formed upon so cursory an interview as that of Dr. McLellan's. Mr. Tyler, the steward of the institution, confirms the statement of Dr. Fox, as to the appearance and conduct of Mr. Oakes. It is not necessary to consider the deposition of Dr. Hell, as it would not vary our conclusion upon the case.

No objection can be made to the competency of the children as witnesses. If there were anything to justify a belief in a combination of the family for sinister purposes, they would not be entitled to much confidence. But their testimony appears candid and unobjectionable, and there is nothing which shows any improper design. A unanimity of purpose in the family is no evidence of sinister intentions, unless the object sought to be obtained by the combination is unlawful or improper. The object here appears entirely laudable, and intended for the good of a parent whom they love and respect. If they considered the marriage as a rash act, and a consequence of his insanity, they were justified in attempting to prevent it. His earnestness in obtaining the publication of an article which his son and the printer considered libelous, and his giving a bond, in the unnecessarily large mum of $10,000, to save the printer harmless, show that his mind was morbidly excited. It has been objected that one of the sons prepared the bond, and said that he thought he would see how far his father would go into the matter. But he was requested by his father to put it in shape, and be at the same time enjoined it upon the printer not to publish it. The father showed a determination to carry the matter through, and had other legal advice besides that of his son.

Mr. Oakes's eagerness to engage in a large speculation in real estate, as stated by Dr. Parkman and Capt. Richardson, and his conduct in regard to it, are also in point. The fact of a person's engaging in extravagant or daring speculations, is not of itself sufficient evidence to prove him insane, but the manner in which Mr. Oakes conducted the affair, shows his mind to be unsound. Dr. Parkman saw, by his elevation of manner, that he was not in a fit state to conclude the large purchase which he desired to make, and refused to make the bargain unless he would get the consent of his family. Mr. Oakes, under the delusion that such consent was the only obstacle to his wishes, went to his son-in-law, Mr. Houghton, told him he would give him $100 to go to Dr. Parkman, and give his consent, and took out the money at the time and offered it to him. He afterwards went to Capt. Richardson, his brother-in-law, who lives in Duxbury, and offered to give him $50 a day to come with him to Boston, and go to Dr. Parkman and give his consent.

The repetition, and frequent occurrence of acts without any motives sufficient to actuate people of ordinary sense, necessarily induces a belief that the person who commits them, is under a delusion. In cases of this kind, accumulation of proofs becomes of considerable importance. It will not be necessary to examine the proof on the other side at any considerable length. It is not any want of sagacity in his usual business transactions which induces us to think Mr. Oakes insane, but his evident hallucinations, and his acting under unnatural excitement upon certain points. His overseeing his business correctly, and carefully seeing that the piles were driven well, does not prove him to be sane. He was under no delusion on that subject. His directions to Whitwell, the constable, showed only the shrewdness which frequently accompanies insanity.

Taking all the evidence together, we are of the opinion, that Mr. Oakes is under the operation of that degree of insanity, which renders it proper that he be restrained in the hospital ; that his insanity is temporary in its character, and that the restraint should relief from the present disease of his mind. Dr. Fox does not say positively that he considers his being at large as dangerous to others. But this species of insanity leads to ebullitions of passion, and in these ebullitions dangerous acts are likely to be committed. If committed, he would be excused from punishment on the ground of insanity. His daughters testify, that, if he carried weapons, they should be afraid of him. But there would be the same danger from weapons which might happen to be at hand, at the time of any occasional outbreak.