SITTINGS AT NISI PRIUS.

Press, Volume LVI, Issue 10541, 15 September 1899, Page 2

SITTINGS AT NISI PRIUS.

The Nisi Prius sittings of-the Court resumed at 11a.m. - , . ••--■- ; " M'F.-Rl__N-> v. ___n*AB,T. ' In this case, Sarah Mary the plaintiff and Francis M.Bean Stewart, medical practitioner, defendant. The statement of claim alleged that the defendant was a medical man-who keeps an Inebriate Home where he treated persons whose minds had become injuriously affected through the use of alcohol. About April 15th, 1899, Robert Stephenson McFarland, husband of the plaintiff, agreed with the defendant to place himself in the institution of the defendant for safe custody and medical treatment. The defendant undertook for reward to provide McFarland with board, lodging, medical attendance, and with suitable persons to keep watch oyer his safety by day and night until he should recover his mental health. The defendant had notice that McFarland had exhibited symptoms of suicidal tendency and he was asked to send him to a lunatic asylum. Tho defendant, it was alleged, negligently failed to provide persons to watch over the safety of McFarland, and negligently allowed a rifle and ammunition to be constantly exposed within the reach and in full view of McFarland. In consequence of the negligence referred to, it was alleged that McFarland, while still unsound of mind, on April -Oth, 1899, made use of the rifle and ammunition to take his own life. The plaintiff, therefore, claimed the sum of £2000 for the benefit of herself, as widow of deceased and of her five infant children. The statement of defence denied all the material allegations contained in ■the statement of claim. It was alleged that McFarland was subjected to the ordinary care and treatment of inebriates under like'circumstano-.. On the 20th April McFarland bad so far recovered from the effects of drink as to enable him to form a correct judgment of what was right and wrong, and that on that afternoon he shot himself with a rifle and ammunition which he had secretly obtained in the institution. On the day of the suicide McFarland appeared, acted, and talked like a sane man. The defendant believed him to be sucln though still suffering ■fc-om the effects of drink, and that ha was capable of .atonal thought and of knowing right from wrong. The defendant had no knowledge of the fact that the rifle and ammunition were in the Home; that it was not there for any -purpose connected therewith, and the attendant who brotfght the same to the Home had no right to do so. It was alleged that the defendant was not guilty of any negligence towards McFarland, and "that it was not his negligence which caused the death of McFarland. The defendant submitted that the fact of the rifle and annmunition being within the reach of McFarlahd did not naturally or necessarily lead to the act on his part which caused (bis death. Mr Wilding appeared for the plaintiff; ! Mr Kippenberger, with him Mr Cassidy, for defendant. Mr Wilding opened the case for the plaintiff. The deceased had been for many years manager of the Bank of New South Wa.es at Ashburton. While his general health was good, he -was given a* times to indulge in --coholic stimulants. In March, .1899, from reports which had reached the head office, Mr McFarland was suspended, and Mr Webster, sub-inspector, took charge. All the affairs of the Bank -were correct. On 11th April Mr McFarland went to Wellington to see the inspector, and on the 14th April arrived in Christchurch. At this time his mind was gravely affected. A friend of his, Mr C. M. Brooke, took charge of him and got him a bed at the Masonic Hotel. He was so bad during the night that a man _tad to be employed to look after him. Subsequently the police took charge of the deceased, and Mr Robison, manager of the Bank of New South Wales at Christchurch, and Mr C. M. Brooke took him to Glengarry Home, an institution for the treatment of inebriates, kept by the defendant, and placed him in charge of Mr Stewart, junr., who seemed to be in charge of the institution. Mrs McFarland came to see 'her husband, and entered into an agreement with the defendant to take charge of the deceased, who, he said, was in a very bad state, wanting watching day and night. He said that his charge for this would be £1 7s per week, which was acquiesced in by the plaintiff. The next day, whilst young Mr Stewart was away, and a patient named Elliott was in charge of McFarland, be made a determined attempt to cut his throat with a knife, which w__r„oii the table. The attempt was reported to. the defendant. A rifle a!_sd ammunition belonging to Mr Stewart, junr., was in the hall, where every patient could get at it, and it was with this rifle that Mr McFarland took his own life. The case for the plaintiff was that the defendant contracted to use aH care in connection with McFarland, and that the leaving of the rifle and ammunition where it could be got at by the patients was a breach of contract. A. W. Webster, relieving manager in connection with the Bank of New South Wales, gave evidence as to taking over the charge of the Ashburton branch from Air McFarland. Richmond Beetham, S.M., Coroner for the District, deposed to holding an inquest on Mr McFarland on April 22nd, and also to 1 the defendant giving l evidence thereat. The witness then read .the evidence, in which defendant said that McFarland bad asked him to put him in Sunnyside Asylum, and also that he knew his son had a pea rifle. •T. H. Williams deposed as to McFarland making an attempt to get out of the window at night. The rifle standine in the '■ corner of the hall near the lavatory door for some time. H. Elliott deposed to McFarland having made two attempts to cut his throat with a knife whilst in the dining room, and as to the witness having to call for assistance to prevent him doing so. Witness told young Stewart that McFarland had attempted twice to cut his throat, and that he should be looked after. During the first day or two witness saw (him he was very had mentally at times. In -roM-examination by Mr Kipptn-

berger, the witness said that the next day after this McFarland had no knife, but after this he was allowed to use a knife at the table. C. M. Brooke deposed to going with Mr Robison and the deceased to Glengarry House, an institution for inebriates kept by the defendant. An arrangement was made between Mr Robison, witness and Dr. Stewart as to the payment of the fees. Mr McFarland's conduct at the time of his admission to the House was apparently quite rational except as to some delusion about a girl. W- James, licensee of the Masonic Hotel, gave evidence as to Mr McFarland stopping at his hotel, and as to 'his having to get a m»|i to stop up with him during the night. During the t_me witness was in the _k>mer_et Hotel, Ashburton;" he never saw Mr McFarland the worse for liquor. The plaintiff, Mrs McEarland,.depos-d that she had been marled seven years and had five children, the eldest being six years and the youngest one year old. Her husband's salary, with allowances, was £500 per annum. Her husband complained of overwork, and he had not had a holiday whdle they were in Ashburton. Her husband, though he took whisky, was not a. drunkard by any means. In" consequence of a. telegram received from Mr Brooke, witness went to Christ-hurdi- and saw. her husband at Dr. Stewart's private hostHtal. Mr. Russell , Stewart told her he had" her husband under his personal chargtj, and that he had been very delirious all fEe afternoon. ; He said he could only let witness see him if she would stay but a'few moments. When witness saw her husband he did.not know her. Witness saw Dr. Stewart subsequently, and he told ber Mr McFarland would require constant watching niarhfc and day for the first week at least, but that at the end of that time be would be quite right in his mind. Witness told Dr. Stewart that her husband , had been suspended from the bank, and the doctor said, that accounted for him talking about the bank. He said the terms were £5 5s a week for medical attendance, etc, that as her husband required special attention he would charge £2 2s per week extra. and he would never j be out of anyone's sight. Wit-, ness told Dr. Stewart she did not care if it j cost twenty pounds a week so long as he had j i proper attention. He tsaid that his son [ could look after himdurlng the day, and Mr Pavitt during'the night. Witness asked Dr. Stewart to*give her a letter with, reference to the state of her husband, and he did so. She wettt ux> to Wellington, arid saw Mr Finch, the General Manager.- She saw ber husband again on her return, and thought at first he seemed Quite clear; he got excited and restless latei*.on. .On the Wednesday he imagined the'train whittle was the policemen coming fear him.- • He was very melancholy and. depressed, but -earned much better when the do<Xt»r was there. Her husband that. evening seemed very depressed and melancholy and would hardly speak a word. When"witness went to get her cloak in the hall she saw a gun. standing there near the lavatory door. Her husband and young jut Stewart walked to the* gate with her.

She told young Mr Stewart to watch her husband carefully, and not to let aim worry about anything. This was the last time she saw him alive. Subsequently, on receiving a telegram, she came to Christchurch, and found that her husband had shot himself. No one told her of the previous attempt made by her husband on his life. They all said he was getting better rapidly, and that he wa3 so quiet. Cfoss-examined by Mr Kippenberger—Her husband's life was insured for £500 in one office and £300 in another. She received £300 from the Bank from the Guarantee Fund. She had received some £870 from the insurances on the life of her husband. Edward Stevens deposed to knowing the deceased Mr McFarland intimately. He never saw him the worse for drink during business hours, and after business hours he seldom saw him. Courtney Nedwill, a legally qualified medical practitioner, deposed! as to his exp_riences in cases of delirium tremens and insanity. Assuming the evidence given to be correct, he should pay the deceased was not aware of what he was doing when he committed the act causing his death. He was evidently suffering from hallucinations arising from brain trouble. There was nothing in this case to indicate that the brain trouble would be permanent, provided tha man had become a teetotaller. He should give a wide margin as to careful supervision and watching in a case like this. In cross-examination by Mr Kippenberger:, the witness said loss of appetite and loss of sleep would be the chief symptoms of delirium tremens. He thought the man i ought to have been carefully watched, and i kept away from any possible means of selfdestruction. E. Gane,-a duly qualified medical practitioner, deposed that for two years he had been assistant medical officer at Sunnyside. He had seen many cases of delirium tremens. After hearing the evidence, and assuming that it was true, he had come to the conclusion that the deceased was suffering frhm ; acute alcoholism aggravated by mental ' worry. He agreed that the deceased should have been under obs-rvation. Edward William Seager deposed that for twenty-five years he was superintendent of Sunnyside Lunatic Asylum and five years governor of Lyttelton Gaol, Vhera he had many cases of d.lir-um tremens. Where patients suffering from delirium tremens showed suicii da_ tendencies they should never be left alone j night or day, and all articles kept away ! from them which might be used to destroy jthOT-selves. They should also be placed in £. specially constructed building. This concluded the plaintiff's case. Mr Kipptaberger opened the case for the defendant, and asked his Honour' to rule on the evidence whether the deceased was j insane. The Court adjourned till 10.30 a.m. today.* . I Extra cream loaf cheese, well matured, j very choice, 6d per lb—Wardell Bros, and I Co.—{Advt.)

A. AND P. ASSOCIATION. \ » The Canterbury A. and P. Association's General Committee met yesterday at the Secretary's offices. Present —Messrs G. E. Rhodes '(in the chair), W. Henderson, D. McMillan, A. Chamberlain, W- Recce, h. G. Staveley, H. P. Murray-Aynsley, R. M. Mocdonald, F. C. Murray, W- F. M. Buckley, P. Duncan, S, Gariorth, J. Anderson, F. A. Archer, J. Deans, and J. Gould. Analogies were ■;-received from Sir John Hall" and Mr R. H. Rhodes. A letter was: received from Mr Henry Overton, stating that as it would be impossible for him to return .to Canterbury before Christinas, 'he was compelled to* hand in his resignation, feeling that-, there.was work to be done in the coming spring. . ; It waa decided to. accept Sir Overton s resignation, and Dr. Levinge was unanimously elected in his place. The Courtenay Association again wrote with reference to the Winter Shaw,- withdrawing the latter dlause.of their former letter to tihe Association, but reiterating the points to which reference was made, and poipting out that Mr C. Rudd, of Gfeendale, saw a second prise ticket placed on, his exhibit of wheat, and had not received the prize nor the paints for .he same.< The Secretary said no award had been made to Mr Rudd at the show, and the ticket must have got there by mistake. It was decided to acknowledge the letter, and point oufTliat no prize had been awarded to Mr C. Rudd. * It was decided to allow the directors of the __griou_tura_ and Industrial Hall Company the use of the Association's rooms until the ball was erected. The Town Clerk wrote that the Tloral Fete Executive was desirous of 'holding its fete on December 7th, on the Show Grounds, and asking whether they would be engaged for that date. • ' ._ It was decided <to grant tihe use of Hhe grounds on the usual terms. The Secretary to the Chamber of Commerce wrote, forwarding a resolution of the Chamber re the _ eduction of postage to Id (already published), and asking the Associatden to support their action. * • ; MtW, Recce said the farmers sent letters as much as anyone else, and ought to ba protected. lylr Buckley proposed that the master be red-gated to the Par-iamentary Committee. Mr Recce pointed out that the principle of penny ipostage had been affirmed by j_he House and was the law. It only required a re-arra-igement of the finances to bring it | into law. Mr McWilliam moved an amendment that the Committee affirm the action of the Chamber of Commerce. It only required an Order-in-Council to bring it into force. Mr McWMliam's amendment was carried. The Progressive Liberal Association wrote enclosing a cutting from a local newspaper, referring to the very low wages j>aid tc ploughmen at East Eyreton/ as elicited in evidence at a recent oa.se in the Magistrate's Court.

The letter was received: Mr Recce referred to the want of competition for membership on the Committee of the Association, and "said he had found that there was a feeling that there was no chance for a manyrho an old and wellknown member 5 . "" X" had occurred' to him that all old member, who had held tihe office of president should be ex-officio members of the Committee, with ■; the ■ same power as ordinary members. This would enlarge the Committee and give an opportunity for an infusion of fresh blood. He proposed to move the amendment of the rules in this direction, and formally gave notice thereof. Mr Staveley moved that the Sheep Committee be instructed to arrange for separate judging rings for the classes of sheep in which it would facilitate the work of the judges. Mr J. Deans seconded the motion, which was carried. Mr Staveley also moved that the names of the judges "appointed by the Committee should be published prior to tihe show. The motion was seconded by Mr Chamberlain, and discussed at some length. . Mr Henderson thought the names should not be published until after the entries had C Mr McMillan thought it would interfere with the entries, and, in any case, judges sometimes were .unable to come at the; last Mr J. Deans agreed with Mr.McMillan; iur Buckley opposed the motion, and Mr Murray supported it. The latter thought the Association should follow the example of the English, societies, and publish the names of the judges. ...'. ... Mr Staveley's motion was carried. The Secretary reported that there had only been one entry forth© drill trial competition. The Chairman, said thetrial, of course, had fallen through. '\ ~'.■ , _. • • Mr Recce thought tfe ehonld be -known thai the reason was that the trial had been ar, ranged too close to-the previous: trial. Suet frequent trials were not required. j The report of the Horse Committee, on thi shoeing contest was read, defining the_<!on: ditions for the trial on the ground, and adopt ed with sundry amendments'. _ __ . The Sheep Dog Committee reported that it could not recommend the affiliation of th<

Association with the New Zealand Kennel Club. The C.V.C. were granted the,use of the ground from September 30th for a week. Accounts amounting to £162 8s Id were passed for payment. The following new members were elected: — Messrs W. W. Mcßae, J. M. Verrall, J. Duxbury, G. Cossar, G. A. Lindeman, T. Carter, J. Dampier Crossl#y, J. Murray, J. Barrett,- Gideon Rutherford, Thos. Brook, W. F. Pannett, Chas. Rudd. The Committee then adjourned.