SUPREME COURT.— Monday.

" (B«ttr»'»U Honor ttw tfnnr Jo» wo*, Sipt.Gio. a! AbmS) In re John QitoOKS '(a lunatic.) l *~ u • An fchqutry was 'held's>»terday,' before the Sudreme Court, into the,Btjfo'-of mind of one John .Gibbons, a farmer, residing at the fliiie, on the Manakau. Mr. Brookfield appeared for' the petitioners, who ■wore the relativeß of Gibbous.! On the jurymen being called,' the' folio wing persons were found to be absent :— Charles Duckinh'eld, of Charles-street j Timothy Nolan,'. Hobson-atreot/ laborer ; Daniel Joseph Riardon, Ohapel-street, carponterj Jerry Waite, publican, Queen-street; and George Wishart, Crown-street, carpenter. They \yere each fined £5. A jury being empannelled, Mr. Brookfield briefly opened the case. He said it would be their duty first to say wlielher the respondent was sane or otherwise ; if insane, when he became so ; what property he was possessed of at that time ; what he had dispossessed himself of since ; and who were his next of kin. ■ These proceedings, he said, were taken on a petition in this court by Mrs. Gibbons, and Ebeneaor Gibbons, the wife, and one of the sons, who thought the respondent should be restrained to prevent him from wasting his effects. He then called the following witnesses. Thomas Moore Philson 'deposed : I am Provincial Surgeon, amUn charge of the Lunatic Asylum. I know John Gibbons. He has been an inmate of the Lunatic Asylum since thd 7fch of July last. Ho was committed under a warrant from the Resident Magistrate s Court, as being a lunatic dangerous to himself and others. 1 had him removed to the hospital, thinking he would be more comfortable. He promised he would not escape, but he escaped to Onohnnga, and was retaken on the following day. I have frequently examined him and I have always found him remarkably quiet and tractable, finding at the same time that he was the subject of remarkable" delusions. Ho has always spoken of himself as being possessed of immense "wealth, amounting to millions of pounds, and has frequently stated that largo quantities of oil have been extracted frain his legs. This oil he sometimes states is ef one description and sometimes of another. His account this morning was that it was a pure vegetable oil. So far as I can observe he has no bodily disease or nothing that would account for this delusion.' I think he is not capable of managing his affairs. I believe that he is of unsound miud, and incapable of mauagiug his affairs. I have not observed that he has ha* lucid intervals. His miud seems permanently impaired. My knowledge of him extends only as mr back as the 7th Jiily. To his Honor : On one occasion I observed him very violent in the case of a person who made himself obnoxious, but that was the only occasion. I believe he requires a keeper. He is evidently of an irascible disposition. 1 think it would bo much to his benefit if he were taken out of the asylum and confided to the care of some kind and firm keeper. He would also be requited to be kept carefully from drink. Charles Field Goldsborough deposed: I am a doctor of medicine, residing at Paraell. I have known John Gibbons sinco the 28th November last, 18G9, and I attended from then till the 3rd December the same year. I havo been in tho habit of seeing him from that time until now as one of his medical attendants. I Hist noticed an alteration in the state of his mind on the 21st March, 1863. Ho was labouring under paralysis from my first attendance in November. , On tho 21st March I noticed that he was labouring under delusions. He stated that he was about to build a ship to proceed to Bermuda, and tha.t he had £60,000 he was about to make use of in that way, and also to buy ships on the Clyde. He offered to lend me £600. I havu oftpn seen him since. I had a consultation with Mr. Rayner, and examined him before a magistrate. That was on the 7th July. In my presence he made use of the same expression to Mr. Rayner about the oil. Ho said that he had a. discharge of oil. He did not state from where, nor tho quantity. I examined him in the Asylum on the 3rd August, with Dr. Philson. He became very excited when he saw me. Ho charged me with being in collusion with his son, and placing him in the Asylum. I advised the son before this to take thp steps ho had done. He would not speak to me at all except in a threatening manner. The threats were to the effeofc that something would happen to me when he oame out. Tho language he nsed was very violent and offensive. He associated his »on and myself as rogues for putting him there. He was not in the nabit of using such language when 1 first visited him; on the contrary, he was most mild and gentle in bis conduct. , J have only noticed the delusions on the occasions I have mentioned, There was sufficient passion on the ncoasion I have mentioned to indicate that if he \yas. let loose ho would be very dangerouß. Having regard to the delusions I have noticed in his mind, I think he might become so. I believe he is of unsound mind. J hayo nqt seen him have any lucid intervals ijupe the 21st lviarch. I don't think he is a.hje $o govern himself or his affairs. 1 believe from the 21st Maioh he has been unable to manage his affairs. To his Honor : I believe paralysis was the cause of his insanity. Up to that time I believe he was a very quiet harmless man. That form of constitution produced by paralysis is always likely to continue. Having regard to that, I believe his present state of mmd iq [iQrtqnnent and not temporary. I think he should enj»y ordinary liberty, but that bo should not be without attendance. The sooner ho is removed from the Asylum tho better it will be for him. Timothy Lanrie deposed : lam head keeper of the Lunatic Asylum. I recollect John Gibbon* being received on the 7th July. I have frequently conversed with him, and I have notloed him speak sometimes of his being worth thousands of pounds. He told me one time he was worth half a million. He .said he intended to buy more land and build one or two ships. He has told me that a quantity of oil has run from one of his legs He mentioned same gallons of oil. He said he had beeu in America, and made most of his innney there. He is very quiet. I havo got noticed any outbreak of temper, except one day, when he seemed rather vexed with Dr. Goldsboio. I mean by " rather " that he raised his voice a little loud. He paid Dr. Ga]dsb.o?o was a groat scoundrel, or words to that effect. I have heeu keepep of th,e Asylum since July, 1853, and during that time [have had considerable experience. From my observation I should s.iy that Gibbons is of unsound miud, but perfectly harmless. I should think he is not fit to manage his affairs so as to have the control of them. I think, however, that in minor matters he might have some voice. If he wanted to go into a shop to buy any little artiple for himself, I think he should ho allowed to do so ; but at the samo time he ought always to have a trustworthy person, along with him. I think he is unfit to have the management of hisgenpral affairs. He is mostly always Ebenezer Gibbons deposed : I am the second son of John Gibbons. The eldest is in Melbourne. I remember my f.ither having a paralytic stroke. Ho was then staying at my house. He had just come up from the Huia, on the Manukau, where he resided. He was seized with paralysis shortly after he came up. Ho remained at my house for about a month, until he was partially reoovered. Ho then went down to the Huia, and in five or six weeks returned to my house, and remained there off and on until tho 7th July, when he was taken to the asylum. He was not always with me. He would sometimes stay with mo a few days, and then go off to another hfmso ; sometimes to Mr, Reids public house, or Mr. Jacob's boarding house, aud other houses. He would not stay more thtn-two or threo days, when he would quarrel about something, and say he would not como near the hou*e anymore. I havo frequently gone after him to endeavour to bring him home ; when I could not suooeed, my wife would sometimes sneoeed in bringing him home. I have had every opportunity of noticing him before hd went to the asylum. A month or two after Kts partial recovery there was an alteration in his mind. He appeared like a man intoxicated. That was some six weeks or two months before Dr. Goldsboro examined him. He was sometimes wild in his manner, and, sometimes very drowsy. That might have been produced by intnxioating liquors, but I know that it was not. He imagined ho was worth some millions of money. On one ocoaslon when my wife was going into town, he wanted to make her a present of £500 to buy things for herself, and he also wished her to take another £500 to buy things for him. He wanted me to give hira'a blnnk obeque. He had an idea that he had large turns of money in the bank, and that his property represented the remainder. He has not particularly stated how he has got the money. Had he been possessed of millions his actions would not have appeared sp insane. He iu tended to bring au action- aga'iustMr. Hoe beforo his insanity for some timber that had been burnt,. rand' this ho afterwards magnified jnto a Very large' sum, It was not worth oue tenth as much as he was going tomie Mr. Roe for,' r He stated that he wax going to build large ship's and 'steamers, and go hpine, for, cargoes'. His own property was not Such as would 'enable him to enter into 'any such undertaking.' He, laid, be was going to establish banks of bur own,' ships of our own, and import everything that we required for ourselves. " I refuted to give him the blank cheque to draw for £1,000, and when he found my^wjfo had gone ftWfty without it, he became outrageous He then s«iictl my band and collar of the co*t> and l«d

me down ,to the office on Onehnnga beach, jvhere he 'could get ft'<i!few« He insisted then th«tli;ihoiild give him 1 £500 myself. I filled in a cheque in a regular style to' please ' him, and as'l was 'going to sign it, he said he would sign it himself.' 1 He had me in charge,vthreatening me all the time. While he was residing at my house, between the time of the paralytic attack and 7th July, he was at times very friendly. He would have given<me or any one else anything. I had to watch him 'when in town to see that ho did ' not squander his property. He would frequently go into shops 'and buy articles altogether useless to him, such as ploughs, harrows, and other agricultural implements. He would buy sometimes four or five of these at a time. He had about from twelve to twenty acres, and could have no use for »o mauy ploughs. On one occasion he ordered four pug mills from Vickery and Masefield. There might have possibly been use for one, but not more. f There had been brick making on my father s property about twelve or eighteen months previously. On one occasion he bought £80 or £100 To 1 • P rinci P ft % women's boots to take down to the Hive, there being but few persons residing thore. There are not a dozen females in the place, and it would have stocked the place for ten years or more. On another occasion ho gave £800 for eighty acres of land at Little Muddy Creek. I don't think it was worth one-third of the amount. The money was never paid, as the cheque was stopped from the bank. I could not keen him away from the auctions. He was frequently bidding, and would have spent some thousands a day. On one occasion he was in treaty for all Mr. Harrington's horses and property. Mr. Hardingtou told him what amount he wanted, and he said, «Oh yes, I'll give you that for it." The price he asked was £3,000. I heard this for I was with him. Before he was seized with paralysis no one knew better how to take care of his money than my father. He was not at all in the habit of squandering. I have frequently heard him speak of the oil coming from his leg. It was generally in gallons that ho said it came away. At times ne wus quito amusing— comic ; at another time he was quite serious and quarrelsome, sometimes taking extraordinary fancies, and at other times extraordinary antipathies to the same person. My father has not at any time been in the habit of drinking to excess, —sometimes he would a little, but very rarely. I was twenty-three years of age when my father came from Newfoundland ; that was between 1852 and 1853. The cash he brought with him was about £2,000 ; and in goods and machinery he had £2,000 or £3,000. He is possessed of that maohinery now. It is in the mill at the Huio. My father's family consists of my mother Elizabeth Gibbons, John my eldest brother, myself (Ebenezor), James Saumlers, Nicholas, Thomas and Robert Pierce. My sisters aro married— Mary Ann Fowler, her marriage name, residing at Cabbage Bay, Elizabeth Frost, her marriage name residing at Newfoundland, Sarah Theresa, and Emma Jane, both unmarried and living at home; John, Ehonezer, Thomas and Nicholas, are aU married. They all have children except myself. At the present time my father's property consists of about 1,200 acres of timbered land at the Huio. Upon that is erected two saw mills, a dwelling house, and several small dwellings. I believe the property to be worth about £5,000 or £6,000 including everything. One of the mills with the right of cutting timber over the property is leased to me at a rent of £150 a year, and two of my brothers and I cany on the business under the style of Ebenezor Gibbons and Co. The lease is for ton years, and about three years have expired. My father has three building allotments at Onelmnga ; one on the bench, one near Church-street, and the other is near Gedde'a Point. There is a store on the allotment at the beach. The aggregate value of those three allotments is £350. I think my father has about 50 shares in the Bank of New Zealand. There is olose on £800 in the bank to his credit. There is £250 on mortgage ; and a good many sums out on promissory notes— about £600. My firm owes £327 of that. There are from 30 to4o head of cattle at the Huie, worth £400, and tno household furniture and small stores are worth about £200 — [Mr Brookfield ;— about £8.000 altogether, independent of the bank shates.]— That is the whole of my father's property so far as I know, and to the best of my knowledge and hulief it is very close to the value. I think I have rather over-estimated it than otherwise. Judging from the behaviour of my father I am quite sine lie i is of unsouud mind. It was some tune in the beginning of March that I thought his mind was affected. It was several weoks before I had him examined. I remember that about the beginning of March thoro were unmistakable symptoms of insanity, I don't think my father has enjoyed lucid intervals since the 21st March. I believe my father has not made sale of any p*ortion of his land since then. Mr, Mabin oalled at the New Zealaud Bank, to stop my father's credit. Mr. M.ibin was acting as the friend of my father, and received a cheque from him for £500. He knew that my father must be insane. There are about £1,500 worth of cheques out now, held by different i individuals. I think the cheques were drawn after the medical examination of my father, at my own house. The Court then adjourned for half an hour. Thomas Henry Mabin deposed : lam an auctioneer carrying on business in Auckland. I have known Mr. Gibbons, the subject of the present enquiry, about 13 years, I knew him in Newfoundland. I have knowh him in this colony about 9 mouths. I have occasionally seen him during the past 9 months. I arrived in this colony in October, 1862. One day, about four or five months ago, he rushed into my office, and handed me a £500 cheque, telling me to lay it out to the best advantage at once. He appeared flurried. His manner and conduct was such as to show that he was out of his senses. Previous to that time, he had never given me mouey to invest for him, though he had purchased things in a small way from mo. Ho has frequently been into my place since ho offered me the cheque. He has not bid at auotion, but frequently he lias made offers ,to buy everything I had at a fabulous price. 1 understood he was out of his senses, so I took no notice of him. He has never told mo what amount of property he was worth. I knew he was a wealthy man in Newfoundland. I was employed in a firm thero, who aotcd as agent for him. I should think ho wonld bring to New Zealand with him £4,000 or £5,000. I do not consider Mr. Gibbons dangerous, but he might frighten people. He once came to my house and placed a waistcoat on wrong side upwards. I have had him to dinner at my house, and on those occasions his conversation and manner were quite incoheiont. Elixabeth Gibbons deposed : I am the wife of John Gibbons the subject of the present enquiiy. We were inanie.d In Newfoundland in the yea.i 1819. I was in Court when my son Ebenezer was being examined a? to bhe number of the family. The statement he made of his bi others and sisters is correct. My son John is the eldest and aged 34 years. Ebenezer 82, Mary Ann, 29, Elizabeth 26, James Sanders 25, Nicholas 23, Thomas 22, lloheit, 20, Saaah Theiesa, 19, and Emma Jane 15. Those are till our children now living. Myself and two younger giils areentirely dependant on my husband. I heard my son, when in the witness bos, state the amount of my husbands property. So far as I am aware I believe that statement to be correct. Some timber is to be paid for in two years time by my sou Edenezer and the firm. It amounts to £250 carrying interest. By the Court : 1 heard my son's statement as to the stale of mind of my husband. From what occurred at the Huio lam of opinion that he is insane. Since attacked with paralysis his manner has been quite different. He has interfered in different matters which previously he would not have interfered with. This was the whole of the eVl^noe offered. The jury then retired into an adjoining room with Mr. Gibbous, and held a private conversation with him, to satisfy themselves by personal olwervation of the state of his mind. They weie absent about 30 minutes, and on their return into Court expressed a desire to have two of the witnesses recalled and examined on a few points. < Mr. Ebenezer Gibbons said : There was a will made by my father either at the latter end of November or beginning of December lost by Mr. Brookfield, At my house. It was made dining tuy father's first illness. I believe another one has since been made; some time in February. I believe it was made by Mr. Hughes. I don't know the effect of either of the wills made by my father. I .never read them, nor do I know their con tun ts. My father spoke often about the wills, but his accounts- were so contradictory that we could place no dependence upon his statements. lam not awnre, nor have I heatd of any will being made since last March. I was not aware nor am lat present aware that I have been excluded from benefit in any of the wills. I lather, had an idea to the contrary, fioin what my father has told me. I never knew of any property being left to my sister at Newfoundland. My biother-in-law took the property there, but I, understood that he had bought and paid for it. When my father left Newfoundland, I understood he left no property behind him there. I understood that my father hud left something to my sister and brother-in-law at Newfoundland— a few hundred* only, I never under■tomltlmt he had left thousands of pounds to them. Mrs. Gibbons readied said : I have lost One son 25 years ago. He was the fouith ohild, the thiid son. He died naturally in, my own homt at Newfoundland, X. am not aware of anything about my husband's wills. They were made in Auckland, I don't reoolloot my husband telling mt about unking his will*

His Honoi'-jthen carefully -summed up the evidence and the jury again retired to, consider their verdict. On their return' after about ten minute* absence they .recorded the following verdiot :— -"That John Gibbont at the time of taking tho inquisition is of unsound mind so that he is not sufficient for the government of himself, his lands, tenements, goods and chattels ; and that the said John Gibbons hath been in the same state of unsound mind from the 21st day of March in the. year of our Lord one thousand eight hundred and sixty-three j but how or by what means he the said John Gibbons became of unsound mind the jurors aforesaid know not, unless by the visitation of God. And the jurors upon their oath further say that the said' John Gibbons is now possessed of twelve hundred acres of land at the Huio, of the value of £6,000- or thereabouts, and of three allotments of land situate at Onehunga, of the value of £350 or thereabouts, and also of certain chattel property of the value of -£2600. And the jurors upon their oath further say that Elizabeth Gibbons the wife of the said John Gibbons, John Gibbons, Ebenezer Gibbons, Mary Ann Fowler. Elizabeth Foote, James Sanders Gibbons, Nicholas Gibbons, Thomas Gibbons, Robert Pearco Gibbons, Sarah Theresa Gibbons, and Emma Jane Gibbons, the children of the said John Gibbons and of his wife Elizabeth Gibbons are tho next of Kin of the said John Gibbons." This terminated the proceedings and the Court adjourned quarter to six o'clock.