THE WAINUI-O-MATA LUNACY CASE. THIS DAY. (Before Mr. Mansford, R.M.)

Evening Post, Volume XVI, Issue 283, 29 November 1878, Page 2

THE WAINUI-O-MATA LUNACY CASE. THIS DAY. (Before Mr. Mansford, R.M.)

George Woods was summoned for, that lie being the owner of a private house did detain as a lunatic his sister, Emma Woods, for a period of three months after tho malady bad becomo apparent and confirmed, and had become such as to require coercion^ and restraint towards the said Emma Woods, ajv; did not intimate such detention to the Colonial Secretary. Mr. Stafford, Assistant Law Officer of the Crown, appeared for the prosecution, and tho Hon. Mr. Buckley for the defence. Mi*. Stafford, in opening the case, said that in instituting this prosecution the Qoverumont were anxious to give as much publicity ns possible to the 50th section of tho Lunacy Act (under which the proceedings were taken). Tho section was a very important one, although it might seem to such as were not cognisant of its objects a somewhat arbitrary one. The object was to meet tho cases of persona who, as sometimes happened, were detained unjustly in private houses. Information was required to be given to the Colonial Secretary, so that it might be seen whether a persou so detained was a lunatic and was properly cured for. Mr. Hugh Pollen, chief clerk in tbe Colonial Secretary's office, deposed that he had searched the records, and could not find any entry of notice of the detention of Emma Wood having been sent to the Colonial Secretary. Dr. Henry William Diver deposed that he was requested to examine the alloged lunatic, Emma Wood. She was unable to understand any question which he put to her. He noticed some appearance of disease of the jawbone, and was proceeding to examine it, when sho flew at him as only an insane person would do. She was restrained by the attendants, but broke away from them, and rushed Into a corner of the room, muttering at the snmo time words which could not be understood. She appeared fairly nourished. Witness came to the conclusion that she was idiotic and lunatic. Sho did not seem enne upon any point. Cross-examined — Examined her arms, but did not see any marks of violence. He could not account for the state of the jaw. Ho did not thiok it arose from natural decay. It might have arisen from a blow, or a fracture, or extraction of a tooth fracturing the jaw, or or from a fail. The disease appeared to be of loner standing. There wa? no tfgn of ft brulso, which there would have been if the injury had been recently inflicted. Witness had had experience of lunacy cases, and some years ago was a member of a commission who examined tho Wellington Asylum by order of the Govornment. As fir as he could remember, thoroport to the Government was not favorable. Ho believed there was thi-n no attempt at classifying the inmates. Witness had read Dr. Skaey's report on the Asylum — it was unfavorable. It would depend upon circumstances whether he would recommend the removal of a patient there. Lunatics wera better with their relations if the latter could give them proper accommodation, proper attention, and were kind to them. He thought it was prejudicial to lunatics to associate them with others worse than themselves. At the same time, patients demanded a very great deal of care and attention. Re could not tell whether the violence which the lunatic exhibited towards him was due to her having been taken away from her friends. Re-examined — A lunatic might be sane upon some points, but an idiot was not sauo upon any points. He believed that Emma Wood was born with disease of the brain, ami was born an idiot. Mr. Stafford— Assuming that this woman had been kept for a long time in a perfectly dark room, without ventilation — a room lift long, 6ft wide, and Oft lifgfi, with a commode ana a bedstead in it — would you .say that she would have been hotter off in there than sho would have been in the Asylum. Witness— Certainly she would be much better at the Asylum. That is a dreadful picture. Mr. Buckley— l think we might ask tho opinion of tho doctor as to whether this is n suitable place for a Court-house. (Laughtor). Witness— l should unhesitatingly say that it was disgraceful. (Renewed laughter). In further re-examination, witness said that lunatics were sometimes favorably, and sometimes unfavorably affected by being seat to an Asylum. Duncan Sinclair deposed that ho had lived at Waiuui-o-mata for a number of years. He had known defendant and his sister since 1851 or 1852. His place was about two miles from defendant's. Emma Wood was about ton years of age when he first saw her. She theu appeared a little "weak in her head," but not much. He knew that she had been detained at her brother's as a person of unsound mind. As far as he was nware she had been treated by the defendant as his sister with every kindness. About every three weeks she had a kind of epileptic fits, and for <in hour or two at tho^e times she was violent and had to be restrained. She had only been subject to these fits during the last eight or nine yea r s. During that time she had been progressively getting' worse, and had been gradually losing her speech and memory. The family knew when the fits were coming on by the pationt becoming cross, and then to prevent her from dgiug any injury to any of the family she was put in a room some 6t't by Hit and the door was closed. Sometimes when she was vioJeat, defendant had to hold her until the fit was over. She was only put in the room au hour or two at a time, and at other times she lived with the rest of the family. The room, however, had, since the death of hor mother about two years ago* been her sleeping apartment, i-ho was treated well in every way, by the family. She was properly clad and kept perfectly clean. The room contained a bed and a rough commode. There was not much ventilation or light. Some boards had been nailed over the window to prevent the patient from breaking it. •She was very viulout while tho fit lasted. When the fit was coming on, she wps gently taken by the arm and Jed into the room, left there for an hour, and then she came quietly out. Had never seen her struck, or otherwise ill-treated. Wu not aware that there was anything the matter with her jaw until he had heard so from Dr. Diver. He thought it might easily have been occasioned by her own. violence iv years gone by. Was quite certain, from hfs own knowledge of Mr. Wood, that it was not occasioned by him. Cross-examined.— Did not think the accommodation in the room in question was inferior to that of the rest of the house. It was an ordinary country hou«e. Believed that Mrs. Wood before her death requested the defendant, if the worst rame to the worst, to look, after his sister, and he pledged himself to da so. Had had almost daily intercourse with the defendant, and believed him to be a man of undoubted honor, and would not treat any one with cruelty. In re-examinttion, Mr. Stafford asked the witnest if he knew whether Emma Wood had any property. Witness replied that he believed that an aunt left 100 acres of land to the Wood family. There were, besides the defendant, his mother and six sisters. Some of the latter were dead and some were married. As the girls came of age they each, with the exception of the lunatic, signed over their share of the property to the defendant for, his kindness to them. Defendant hid maintained his lunatic sister ever since witness had known them. Felt certain that witness had never whipped his sister. Sergeant Smith deposed thnt Inconsequence of instructions received from Superintendent Atcbison, he served the summon* in this case on the defendant on Tuesday, 26th instant. Witness cautioned him agaiust saving anything that might criminate himself, and asked, to »cc the room. Defendant said he had, nothing to bide in the matter and he would tell him everything. He stated that his sister had been afflicted with "childishness" for some years, and at certain time* became very violent. On these occasions he always put her in the room which he showed to witness The room was measured by defendant in the presence of wit- ess and Constable Lyster. It wa? 6ft wide, lift long, and 9/t high. It contained a bedstead and a commode. Defendant also said he bad to confine his sister on leaving home. There was no window in the room, but thpre was sufficient space to admit light above the door. Defendant stated, however,

that he had to sail up some pieces of wood over the door to prevent his sister from putting her arm through and unbolting the door. Defendant told him that the room was built to put his sister in. Defendant's house appeared to be comfortably furnished. In cross-examination, witness said that he would much rather be confined in the room he saw than in the lock-up at the back of the Court, where lunatics wore sometimes confined. (Laughter.) Witness added that he inquired anv«ng the neighbors to see if he could get evidence against Wood of cruelty, but they all said he treated her very kindly. This concluded the evidence for the prosecution. His Worship intimated that this was a ca?ewhich he should not deal with himself. Mr. Buckley observed that the object of the prosecution appeared to be simply to give publicity to this section— which was not to be found in the English act, but was taken from a Scotch act. If he could show that the conduct of the defendant towards this poor creature bad been most humane and kind, perhaps the object of the proceedings having been served, the matter would not be carried any farther. . Mr. Stafford, in reply, asked his Worship to take the evidence referred to by Mr. Buckley, leaving the prosecution thereupon to take what steps they might deem advisable. Defendant having lien duly cautioned, the evidence for the defence was then proceeded with. Dr. J. G. F. Wilford deposed that he had known the Wood family for thirteen years. He always saw Emma Wood on the occasion of his visits, and of course noticed that she was an idiot. She appeared to be allowed to do as she liked, although he was told that at times she had to be put under restraint. He was quite sure that she was most kindly treated, and he considered that she was very much b.tter there, so far as kindness and consideration were concerned, than in the Asylum. He never heard a whisper of ill-treatment in the neighborhood. In cross-examination, witness said that he was not aware of the existence of the 50th section of the Lunatics Act. Mr. Stafford observed that it was just as well that the witness should know that he was personally liable under that section. Witness— Shall I be held responsible if I don't send all idiots into Wellington 1 (Laughter.) Mr. Buckley then read the section iv question, which provides that " any medical person attending on such person kept or detained as a lunatic beyond such period, who shall wilfully neglect to disclose the condition of such person so kept or detained, to the Colonial Secretary, shall severally be guilty of a misdemeanour, and shall for every such offence be liable to a penalty not exceeding £200, or to be imprisoned for any period not exceeding three months." Mr. Buckley added that he did not suppose that tha Government would prosecute the witness (who seemed considerably surprised on being told that this was the law). Mr. Mason, chairman of the Hutt County Council, said that he had known the vi ood family ever since they arrived in the colony, which was about 1852. Up to the mother's death witness had bad opportunities of observing how Emma Wood was treated. She was always very clean, and very kindly treated . Witness never knew defendant otherwise than exceptionally kind to her. The mother, speaking of her approaching death, said that she felt perfect satisfaction In leaving the girl in George's (defendant's) charge. Defendant had had to maintain six sisters and his mother, and it was impossible for him to ba kinder to the family than be was. The Rev. W. G. Thomas residing at the Hutt, said that ho had known the family two years and a half. He had always seen the sister treated in the most Immune, kind, and Christian way. He had vpry close intercourse with the residents of the Valley, and he had never heard the least whisper of any ill-treat-ment of the sister. Sir William Fitzherbert, M.D., deposed that he had known the family since they came to the colony. Witness and defendant were next door neighbors. He had frequently seen Miss Wood and conversed with her. She always seemed "at home," comfortable, and happy in her way. He thought her a porson of weak intellect. In his professional opinion, she was not a lunatic, but she was a person of an irritable temperament, requiring kind and considerate treatment, surrounded by her domestic associations. He would net answer for what the consequences might be of removing her from those associations. He believed a person of her mental and physical temperament might be driven to confirmed lunacy if taken away from those home associations and confined in an- Asylum. He never knew her to be treated by her brother with anything but uniform kindness, and he had fr< quent opportunities of noticing, how she was treated. Witness had considerable experience in lunacy matters under the ablest men of the day, both in Paris and London. Mr. Stafford— Was Emma Wood a person of unsound mind and incapable of managing her own affairs ; that is to say a lunatic in law ? Witness — She wa<* perfectly capable of managing her own affairs so long as she was with her friends. Mr. Grace, J.P., also gave evidence in favor of the defendant. Mr. Buckley having addressed the Court, Mr. Stafford withdrew the case, observing that full publicity had been given to the section. Defendant was then discharged.