THE New Zealand Herald AND DAILY SOUTHERN CROSS. THURSDAY, DECEMBER 1, 1881.

New Zealand Herald, Volume XVIII, Issue 6253, 1 December 1881, Page 4

THE New Zealand Herald AND DAILY SOUTHERN CROSS. THURSDAY, DECEMBER 1, 1881.

A brief paragraph in our issue of yesterday intimates that a man was sent to the Lunatic Asylum as being of unsound mind on the testimony of two medical men. The fact has no .'-.ignificance, except in connection with the case of Smith v. Iffla, which recently engaged the attention of the Supreme Oourt of Melbourne for several days. Smith attributed misconduct to his wife in various -ways with various persons, and this distrust of her had also been felt by her previous husband. Smith, who was violent in expression, indignant, and imprudent, made no secret either of his belief or his feelings, and Mrs. Smith took steps to procure his seclusion. It so happened that Smith had some money, and it also so happened that after his incarceration his -."ife got possession of it. She obtained the services of Dr. Iffla and Dr. Forster, the former, it must be observed, visitor at the Yarra Bend Asylum. Dr. Iffla made a most perfunctory examination of the state of Smith's mind, and Dr. Foster does not appear to have done much more. Each signed a certificate that he was not fit to be ai; large, he was placed in the asylum, liis release was after a time accomplished, he brought J bis action against Iffla for neglect, and I rw:>v?r(x! J&520 damages. He now ' proposes to direct his attention to Dr. Forstsr. V.hn Judge's OTmming up j was very strong, and very adverse to the plaintiff. It was quite clear from the evidence that Smith's wife wanted to be rid of him, and that if the medical men did not lend themselves to facilitate her object, their negligence did so. The presumption, from the or the first husharv? -.-.nd tb.r----f;'.!-". 1 ;:*:' i'.:'*:~i\V.' l?V>r?!.'(V;; ihO J3 that the»j» tv;v; same causa fr..Smiiu'a distrust, line! thai, the iu;:; : once poisoned saw innocent acts through a distorted medium, and not being strong or olear became confused. The case calls for notice, because it shows the dangerous facility with which a sane man may be imprisoned, the really contemptible ignorance and incapacity of most of the medical men who gave evidence, and the absolute necessity for an amendment of the law. It appears incredible, but it is nevertheless a fact, that ono medical man deetaed the plaintiff suffering from dangerous mental aberration, because he was excited, and another because he was too. calm. We have

also the astounding fact that Dr. 1 Paley, the medical superintendent, ; deemed Smith insane, taking it for j granted by assuming that hi 3 notions with regard to his wife -were delusions. We have here the extraordinary spectacle of Dr. Paley, Drs. Iffla and Forster, and a number of other mem-, bers of the profession holding a man to ■ be dangerously insane, of whose sanity the proofs were overwhelming. The Judge, Mr. Justice Williams, dwelt strongly on the danger to personal liberty in connection with facile admission to a lunatic asylum, and referred to medical opinion with what appears something of a sneer. " Insanity was a niost delicate question. Medical men -were apt to theorise on it, and to refine to such an extent that they came in conflict with one another." The fact is that the question is a most intricate one where there is "illusion"or"delusion," butnotstrongly marked proofs of mental disease. And there is another fact, that it is only a few medical men who have made insanity their special study, and have had large experience, from whom a safe opinion can be obtained. The Melbourne Argus moderately, but forcibly comments, points out the danger to which the community is exposed, and suggests changes for its protection. But the danger is equally great everywhere where the conditions are similar, as they are in this, colony, and the case of Smith v. IfHa is therefore of general importance. In the instance of Eniel Pearson, recently sent to the Whau Asylum, the certificate of his insanity ■was signed by two medical men. We in no way question ite validity, but we desire to express our concurrence with the opinion of our Melbourne contemporary that such a certificate is not sufficient. That certificate can be given by any two medical men, and i medical mem as a rule are not competent authorities on the subject of insanity, because to be so they should have made it their special study, which is seldom the case. The Argus, seeing the necessity for obtaining thoroughly comreti nt opinion, proposes that, as public t r ao inators :<. ? appoir ti i '■y the Goverinient, so ii shoula appoint medical leferees respecting insanity, whose certificate alone should be o,ccepted, E.rd that \orders for committal should be signed by none other than a stipendiary magistrate. Both of these are practical and valuable suggestions, aud are worthy of the attention of the Government of this colony, even in the absence of so outrageous a case as has provoked them. Alluding to another danger, and pointing out that Dr. Forster, who signed a certificate in Smith's casewas the family doctor, our contemporary expresses himself thus strongly.

" Here wo seo ho\r a very curious family arrangement was carried on under the provisions of tho statute, and it is impossible to say how many there have been like it. It is simply monstrous that the law should allow a man's liberty to be taken away in this manner. It must be remembered that, easy as it is to get into tin asylum, it i 3 extremely difficult to get out. In many instances, a patient can only appeal to the official visitors. The power given by the Lunacy Act to friends or relatives is simply a disgrace to our legislation. With the connirance of any two medical men, no matter how incompetent or disreputable, they may put any inconvenient connexion out of the way, for a time at all events, and possibly for ever. This is no imaginary danger. It is one to which every pereon is liable so long as the law remains as it is." This is very forcible writing with regard to a very formidable danger— a danger which justifies it, and as the improvement of legislation is the result of experience, we may do worse than take stock of. the case, and the suggestions it has evoked from a journal always deliberate in its judgment, when its predilections or antipathies are in abeyance.

We have received a number of letters from friends of candidates in different parts of the country advocating the claims of certain aspirants to Parliamentary honours, and also invariably attacking others and their supporters. If these letters were inserted there would be irrefutable claims for replies, and for this kind of controversy we are, at present, unable to find space.

The barque Eapeculador which returned from a cruise yesterday, if it did not meet with much good fortune, at least experienced some exciting incidents. Ou one occasion chase was given to a great buli whale, and at last the boat was made fast. But it was not until the iron had entered iuto his hide that the whale showed how warlike was his spirit, and skilful hie generalship. He used 1113 tail in magnificent style, not only to the discomfort, but the discomfiture of his assailants. After several assaults by him, skilfully eluded by the boat, he at last scored a victory. Vfith a tip of his flipper he stove ia the boat, and. its occupants were only too gUd to allow him to pursue his pa-h in peace. When the vessel reached the middle ground a singular adventure befel one of the crew, a native of Java, rejoicing in the name Bob Malay, whose escape from death was almost miraculous. He was on the main royal yard, when by some means he slipped and fell. In his descent his foot became entangled at the lower yard, but still lie continued to fall, leaving his boot, which was laced up, behind. He alighted upon a boat which was -■:• the skids, and stove it in. From this he relied on to another boat hanging in the ■j/w-its, theucahorel!* , ; inv;;»r£ ■; the vessel, iv-ni.ig lu contaui, however, vrith an iron '• jUwyiug piu, which made a very li.-rsty gash in his forehead. He fell a distance of nearly ninety feet, and lay like one dead, blood pouring thickly out of his mouth. The master and mate hurried to his assistance, and some Friars' balsam was poured down hU throat, which stopped the bleeding. Captain Irving made sail in hope of obtaining medical assistance—a quite unnecessary precaution, for a week afterwards Bob wa3 about again as brisk aa a bee. The mark on hU forehead is still plainly visible, and he is also somewhat lame in tho foot that caught in the yard. He is a plucky, useful fellow, having harpooned three of the six whales caught. A patient uamed Alfred Turner died yesterday morning at the Lunatic Asylum, and an inquest will be hold this morning before Mr. J. E. Maodoatdd, R.M.

The sbaremarkotyesterday was very fickle, notwithstanding tbo good news from the Caledonian mine. At an early hour the market opened at 19s, sellers, aad at this figure a large number of shares changed hands, when a telegram was received stating that " 701bs. of picked stone had been obtained." This had the effect of stiffening quotations towards noon, whsc the annual meeting of shareholders took place, and many of the brokers and jobbers being present, quotations were stationary for a short period. During the meeting a second telegram was received from the mine manager, to the eftect that " lOOlbs. of picked stone were to hand, making l"Olbs. thU morning," which announcement was received by the shareholders with applause. On the termination of the meeting, and while the body of shareholders were strutting on the "flags of 'Change," it waa evident that the "Bears" were at work, and again there was a drop to 193 3d, 193, at which the market may be said to have virtually closed, as the majority of brokers left business between 1 aud 2 o'clock in honour of Scotland's patron saint (St. Andrew). During the afternoon, however, private telegrams were received from the Thames, and on that exchange thero were buyers at 21s, while in town, at a late hour, 22s were offered. Judging from our telegrams and those of the mine manager's, the present find of gold is likely to prove important, and we trust such will be the case, as a find of gold of any magnitude approaching that which thie mine turned out in 1870-IST 1 would be a great boon to the Auckland district, as the shares are more largely diffused throughout the province than formerly, and would thereby tend to enrich the many while giving a general prosperity to commerce.

The Rotomahana made a special trip to Coromandel from the Thame3 yesterday, and a number of the electors availed themselves of the opportunity of being present at the nomination of candidates for tile Coromandel district.

The fortnightly meeting of the directors of the Mahurangi Coal Prospecting Company (Limited), was held in the Mahurangi Publichall, on Monday, the 21st inst. Present: Mr. Pulham (in the chair), Rev. — MeKinney, and Messrs. Trotter, N. Wilson, L. Thomson, Niceolls, and Morrison. The manager reported that there was in the borehole, for some time past, indications of mineral oil, small specimens of which had been obtained. It was unanimously agreed that the defaulters in the case of the first call be written to informing them that if the call be not paid by Saturday week, that steps will be immediately taken for its recovery.—[Own Correspondent, Nov. 25.]

The casa against Fred. Pluminer, ui-asterl recently on charges of vagrancy, but in reality of being concerns*! in the latra burslirie ■•, -/ill b≤ brought on at the Police

Oiuri; t-j-morrow morning. In ?.L ; jirob.v unity the police authorities w> f> abk for ;; further remand, as they are s'.:H actively engaged in procuring evidence and investigating the case. The result of the investigations made by Mr. Pardy, who is working up the case, is such as to justify the police in applying for a further adjournment.

"An Observer" writes: —"Sir, —lt cannot be too strongly impressed upon officers and volunteers that they are now liable to a very heavy penalty for that which ia the past has been done with impunity. For instance, certain members of a corps meet we will say for a company drill, being but a few they decide not to have a drill. The officer or non-commissioned takes down the names of those present, and gives them credit in a return for a company drill, unaware of the fact that he is liable to a fine of £100 for so doing, as vide clause 47 Volunteer Act, IS3I. The reason why he is liable is this. The Volunteer Regulations very properly stipulate that a drill to count as such shall last for a certain time (about one hour) from commencement to finish. A word to the wis»j is enough, so volunteers : ewaro. As the clause in the Act will affect volunteers in many cases, besides such as that mentioned above, would it not be as well it were posted in drill-sheds and on rifle-ranges, so that bo one could plead ignorance, which plea by the way would not save them."

A racing gig containing two young men proceeding to the North Shore capsized yesterday morning in mid channel. Mr. Hilditch, of the baths, happened to e3py them, and at once proceeded to their rescue in a boat. Their bath was much more spacious, and the time therein of longer duration than ever dreamed of in their most ardently aquatic moments. Mr. Alfred Sharpe intimates that his third annual art union has been arranged to be held. The Government have given the necessary perrnissiom. The prizee are ten in number, all of local scenery, and all handsomely framed. The tickets are 10s each, and the prizes are now for view at the shop of -Mr. E. Wayte. A correspondent writ«3:—"To decide a bet would you kindly inform me in what year was Queen Victoria proclaimed Empress of India?"—[Victoria was proclaimed Empress of India on January 1, 1577, by the Gover-nor-General, at the camp at Delhi, before an Imperial assemblage of all the governors, lieutenant-governors, heads of Government, princes, chiefs, and nobles of India. The proclamation was made in virtue of an Act passed during the previous session.—Ed.]

"A Britisher" forwards the follow'tig respecting the polling at the elections :— " Might I suggest, seeing that the elections for the city all take place on the same day, that employers of labour should give their men a-half holiday so as to enable them to register their votes. In former times, when candidates were allowed to hire carriages for the purpose of bringing in voters from a distance, they were taken to the poll anil ba«k during their dinner hour, but the hiring of vehicles has become an illegal practic?, many electors will thus bs debarred the privilege of polling their votes. lam aware that the poll does not close now until 6 o'clock, but how many tired and worn-out working men will walk say from any of the suburbs after five o'clock to the polling booth to register their votes ?" There were two prisoners in the lock-up last night, namely, Thomas McGourley, on a charge of being drunk and disorder!}', and also for assaulting Kobert McCullough ; Richard John Selby, for larceny of n quantity of clothing from John Taylor, of the schooner Lapwing. Yesterday, a man named John Taylor, was brought up on a charge of alleged larceny of a pipe, &c, from the premises of Mr. Tremain, of Hobson-street. As it appeared to have been done in a drunken freak, without felonious intent, he was \r:*,h ■■■■ caution. AYhile he was ;>: ...nj'irat? i, nowever, his own goods weie !>iV-<;n. by somebody else. The culprit has been lodged in the lock-up, but this sort of thing shows that larceny is a game that two can play at.

Auckland is 2081—A Thrillixg Story Illustratixo the March or Science.— See tomorrow's Observer. The Burglary Burlesque. —An oxciting Romance of the North Shore. See tomorrow's Observer. The Waikato Races.—Special report in to-morrow's Observer. A soiree is to be held in connection ■ with the Parnell WesJeyan Church this evening. Tea will be on the table at half-past 6 o'clock, and the meeting to be subsequently held is expected to be addressed by the Eevs. F. G. Hammond. L. Hudson, W. L. Salter, W. Slade, and other ministers. Music will alao b« provided.