DETENTION OF CRIMINAL LUNATICS.

Evening Post, Volume XXII, Issue 18, 21 July 1881, Page 2

DETENTION OF CRIMINAL LUNATICS.

«. Mr. Justice Johnston and tho SolicitorGeneral, Mr. W. S. Reid, the Commissioners for the Revision of New Zealand Statistics, in their report on the Lunacy Laws, make the following pertinent remarks relative to one particular branch of this subject— the detention of criminal lunatics :—" A question has been brought to our notice respecting tho propriety of limiting by law the vagne provisions for the detention of per3OES found not guilty of indictable offences on tho ground of insanity, and persons found on arraignment unfit to plead on the ground of insanity, ' during the Colonial Secretary's pleasure.' In England there is a statutory provision in 16 and 17 Viet., 0. 96, for the discharge of persons acquitted of misdemeanours under 3 and 4 Viet. c. 51, s. 3 ; but we have not been able to discover whether there is any established custom with regard to cases of felony. On the one side, it seems illogical to detain in custody as a lunatio a person of Eound mind, who, when out of his mind and irresponsible, had committed an act which would have been a crime had he been sane ; and, on the other Bide, it might be startling to the feeling 3of tha community, if the perpetrator of that whioh would have been a great crime, if he had been sane, should, on the supposition that he had become perfectly sane, be restored to liberty immediately. ' ' The Commissioners say they accordingly inserted certain provisions on this subject in the Consolidated Bill which they submit to Parliament.

In the Legislative Council to-morrow, the Hon. Mr. Waterhouse is to move, "That, seeing the greatly increased powers which have of late years being conferred upon District Courts and Resident Magistrates, and that these courts have frequently to adjudicate between the Government and the public, it is desirable that those who preside over them should be placed in a position of greater' independence ; that a respectful address be presented to his Excellency the Governor enclosing the above resolution." Mr. Murray is to move, on Tuesday next, that, taking into consideration the circumstances of the colony, and the abundance and cheapness of money, the House is of opinion that the completion and construction of railways should be pushed on with prudence and vigor. On Wednesday, 3rd August, Mr. Macandrew is to move that a Select Committee, of twelve members, be appointed to consider and report as to the best means of establishing a direct steam i-ervice between New Zealand and the Mother Country. The committee to consist of Mr. Bain, Sir G. Grey, Mr. Hutchison, Hon. Mr. Johnston, Mr. Montgomery, Mr. Ormond, Mr. Oliver, Mr. Pitt, Hon. Mr. R'chardson, Mr. Keeves, Mr. Reader Wood, and the mover ; to confer with any similar committee of the Legislative Council. Mr. Reeves is to move, on Wednesday, 3rd August, that, in the opinion of the House, it is desirable to impose a duty on wool, hides, and tallow exported from the colony, of not less than 2i per cent, on declared value. Mr. Shrimski's Pension Bill provides that no pensions shall be granted except by express vote of Parliament, and disqualifies pensioners from sitting in Parliament. Tho Hon. Mr. Waterhouso'sbillto legalise the adoption of children provides that children adopted, by consent of their parents, or by authority of a Court, shall be deemed in law the legitimate children of the persons adopting them, and the latter shall bo similarly deemed to be the parents of the ohildren they have adopted. At a sitting of the Assessment Court, held at the Lower Hutt yesterday, before Mr. E. Shaw, R.M., Mr. A. P. Stuart, who had been rated for property in No. 1 Ward, lodged an objection, which was upheld, and tho name of Mr. Kinross, of Napier, substituted. In No. 3 Ward, the assessment on Mr. 0. A. Beatson's property was reduced from .£6O to .£45. In No. 6 Ward, Mr. James Blanford's objection to being rated for land, the property of natives, was upheld. Objections lodged on behalf of Anthony Wall, J. M. Wallace, and Sarah Grainey were disallowed. In the Horokiwi Ward, the name of Mr. Charles Ballinger was substituted for Mr. C. B Izard. As already stated, there was an insurance of .£I2OO in the National office on the Maggie Paterson (tho schooner ashore at the Heads). We learn from a Dnneain telegram that of this amount £450 was re-insured in the New Zealand and £300 in the Union . The Harbor Master (Captain Holliday) received a telegram from Pilot Holmes at 10.35 this morning to the effect that the schooner was &till in the same position, and not likely to break up. Yesterday, at low water, the crew got on board and furled the sails. A match has been arranged to take placo on Satnrday next between five non-commis-sioned officers of the City Rifles and a like number of the Guards ; range 3 200, 400, 500, and 600 yards, 5 shots at each range. Firing to commence at 1 o'clock. The following are the teams • —City Rifle 3, Sergeants Bowie and Ballinger, Corp. Pettrie, Lance-Corporala Stewart and Reid; emergency, Staff -sergeant Davis. Guards— Sergeant- Alajor Loveday, Color-Sergeant Godien, Sergeants Reid and Tayton, and Corporal Rowlands. Dog-poisoning is again prevalent in Wellington, among the latest sufferers being Mr. Hautrie VN esb and Mr. Alexander Smith, the former losing a valuable retriever and .the latter an tnglish terrier. Some light may be thrown on the cause of this canine destruction by a letter which we have received from a correspondent, who complains that a neighbor throws pieces of bread, thickly covered with phosphorus paste, about his ground. His ground being on the side of a hill, the poisoned bread roll 3 into the garden of our correspondent, aad the latter is afraid that it may be picked up and eaten by some of hi 3 children. Such conduct is certainly very reprehensible. It may be permissible to lay poison on a Bection in the country, but it i 8 certainly very improper to scattsr poisoned food broadcast in tho midst of a thickly-populated town. Ah Kew, tto .Chinese sailor belonging to the s.s. Bowen, who wa> ordered to pay £15 at the Resident Magistrate's Court the other day for smuggling 450 cigars ashore, has now be-n released from custody, the fine having been paid.

Mr. Weston's bill to amend the Offences against the Person Act, 1:67, contains two provisions —First, that the consent of a young person under 13 years of age Bhall be no detenca against a charge of indecent assault; second, providing the punishment of whipping for wife-beaters, the whippings not to exceed two, or the lashes twentyfive at each whipping, Captain Fairchild, of the Stella, who has vißi^ed the locality of the snbmarine disturbance reported by Captain Anderson, has Bent in the following report to the Marine Department :—": —" There is no mistake about the volcano reported by Captain Anderson near Channel Island, Cape Colville. We found it without any trouble. The water ia boiling up like a spring for a space of about one hundred feet. The Channel Island bears N. by W. three-quarters of a mile. The water is muddy and yellow. _ The yellow water drifts away with the tide, and is in shape very like the tail of a comet. There is no change ia the Boundings; the least water we found was 24 fathoms, co navigators need not be afraid to go their usual track when passing there. I took the Stella right on the spot, and dropped the lead right into the centre of the boil, and there found 24 fathoms. I left tho lead down as long a3 I could to see if it would come up hot, but it Came up quite cold, and brought up broken shells." As many as fifteen special jurors were challenged at the Supreme Court this morning at the trial of Whitelaw. Of these, eleven were challenged on behalf of tne prisoner and the remainder by the Crown. Three gentlemen who had been summoned claimed exemption from service on the ground that they had served on the grand jury who had returned a true bill against the prisoner; and there being a sufficient number to compose the special jury, their claims were allowed. In two instances there was no appearance of summoned jurors, but the absence of one gentleman was accounted for by means of a medical dertificate. The other absentee —Mr..G. W. Dutton —sent a communication to the Court stating that he had left town. His Honor made an order calling upon Mr. Dutton to attend the Court on tho Ist pro x., at 10 a.m. to show cause why he Bhould not bo fined, for non-attendance. The P. ani O. Company's fine new steamer Rome, of 4800 tons and 5000 effective horsepower, fitted up with the patent refrigerating apparatus, is appointed to leave Melbourne for Southampton on the 7th December next. A narrow escape from a serious accident occurred in Willis-street yesterday. Mr. W. J. Darkewas crossing the street near Messrs. J. & H. Barber's when, being somewhat deaf, he did not hear the tram approaching and was knocked down by the engine. Fortunately, he fell clear of the rails, and so escaped without any further injuries than somo bruises on the leg. Mr. Darke states that nobody was to blame for the mishap. A yoUng man named William Wilton, a resident of Wadestown, was driving a butcher's cart along the Wadestown Road on Tuesday afternoon, when the horse accidentally stumbled, and ia jumping out of the vehicle Wilton broke his right thighbone. He is now being attended by Dr. Grace. The members of the Parochial Association of St. Paul's, and all those desirous of joining, are invited to a musical and literary entertainment to be given in St. Paul's Church room, Tinakori-road, on tho 28th instant. The advertisement announcing the invitation also states that the library and reading room will be ready next week, and open every night from 7 to 10, and that donations of books suitable for the Association's requirements will be welcomed. The Rev. Mr, Harvey, the secretary, and the members of the Association will readily receive any donations It is intended to have the library and reading ro^m open for about two or three hours in the afternoon twico a week. Mr. J. Stuart Reid has been elected a Fellow of the Royal Colonial Institute, London. At the meeting of the United Grand Lodge of Freemasons on 1 st June, it was announced that the Royal Grand Master had granted a warrant for the Eangitikei Lodge, Bulls. The friends of the temperance cause are reminded that St. John's Lodge, 1.0. G.T., will hold a promenade toa and entertainment in the Rechabite Hall, on Friday next, at 8 p.m. A general meeting of shareholders of the Wellington Co-operative Stores Company (Limited) was held last evening in the large room, Panama Chambers, Mr. Orr in the chair. Lists of new shareholders were handed in, and deposits on shares paid to the treasurer. Details as to the conducting of the store were discussed, and several shareholders, whe gave their experience, gained from connection with similar institutions, expressed the opinion that the present company would prove a perfect success when rightly carried out. The meeting adjourned till next week. The popular romantic drama. " The Lady of Lyons," attracted a very fair audience at the Theatre Royal last night, in Bpito of the cold and wet weather. Herr Bandmann undertook the part of Claude Melnotte, Miss Beaudet that of Pauline, Mr. Cathcart that of Colonel Dunmas, and Miss Crawford that of Madame Deschappolles, while the other characters wero cast with the same degree of judiciousness. The performance was in every way successful. Herr Bandmann gave a very pleasing impersonation of the hero, and Miss Beaudefc's Paulino was a fresh, charming pieco of acting. Tho one-act comedy, entitled "A Radical Cure," was given as an afterpiece, and proved highly amusing. A double bill, consisting of " East Lynne ' and "David Garrick," is announced for this evening. A foot race for ,£5 a-sido took place at Pahautanui on Monday lost, between D. Galloway and W. Gardner. The distance was one mile, and was run on the road. The men were despatched at 2 o'clock. At the out-et Galloway endeavored to force the pace, but in this he was unsuccessful, no doubt finding tho attempt to shake off his opponent more difficult of accomplishment than he anticipated. Tho competitors kept well together for three-quarters of a mile, after which Galloway commenced to show signs of distress, and Gardner's superior speed and stamina landed him home an easy winner by 20 yards. The time occupied in running the distance was smiu. 9£socs., which considering the heavy state of the road, is very fair time. It is stated that another match for £10 a-side has been arranged between tho same pedestrians to be run on turf. A concert is to be given at the Odd Fellows' Hall, Lower Hutt, on Monday next, under the conductorship of Mr. Parker. An advertisement on the subject appears elsewhere. On account of the inclemency of the weather, the Wesley Mutual Improvement Society will not hold it 3 meeting to-night. The pertinent queation is asked in Sydney —why Milner Stephen, the healing medium, does not breathe on the infected small-pox patients and restore them to health ? Now Stephen has an opportunity of immortalising himself. The following is tho apology tendered to Mr. W. J. Hurst, M.H.R., by the defendant, Mr. J. D. Wickham, in the recent libel case at Auckland:—" To William John Hurst, Esq. —Sir—Finding that the severil allegations and imputations contained in the article in the Auckland Free Lance of 19th March, 1881, and which are the subject matter of the indictment herein, have no foundation in fact, and cannot bo supported, I beg to express to you my sincere apology and regret for having published the same, and I now ask you to allow mo to withdraw all scandalous or injurious imputations or reflections which that article may either directly or indirectly cast upon you. This I ask, boing satisfied that such imputations and reflections are utterly falge and without foundation, and tho same ought not to have been published. As to the fnture, I undertake that no criticisms referring to yonr personal character or to any of tho matters complained of in the leading article before mentioned, eh ill be directly or indirectly published in the Auckland Free Lance, so long as lam proprietor of the same; and I now beg to offer you herewith the sum of twenty pounds towards the costs and expensrs which I regret I have put you ta in this matter, and 1 also regret that I am not in a position to increase the amount —I am, sir, J. D. Wickham. Auckland, 14th July', 1881." —The apology, it will be remembered, was accepted We call attention to a large clearing sale of grain and produco at Phmmer's wharf tomorrow, at 2 o'clock sharp. The unreserved nature of the sale, and the liberal terms offered, should ensure a good attendance of the trade. We are requested to draw attention to W. Moriarty's advertisement which appears in another column, announcing an entirely new list of bespoke work at greatly reduced prices at his Cuba-street establishment. Purchasers of building Bitjsjwill have an opportunity of buying to-morrow at Messrs. T. Kennedy Macdonald & Co.'s sale an allotment, planted with fruit trees, having a frontage to St. Mary-street, also a house in Lewiaville-Btreet. The sale is at 2.30 p.m.