DE LUNATICO INQUIRENDO.

New Zealand Herald, Volume XXV, Issue 9124, 4 August 1888, Page 3

DE LUNATICO INQUIRENDO.

IMPORTANT RULING. At the Chamber sitting of the Supreme Court yesterday, before His Honor Mr. Justice Gillies, an important inquiry was held under the Lunatics Act, 1882, 011 the motion by Mr. Macrae that inquiry may be made as to whether Ralph Green Fenwick is of unsound mind and incapable of managing himself or his affairs. In this application the alleged lunatic had been before His Honor for examination by himself, and the application was then adjourned, in order that Mr. Macrae might procure evidence to prove that the patient was incapable of managing himself or his affairs. Since the previous application, His Honor had visited the Asylum and further examined the patient. Mr. Macrae now proceeded to call evidence. He called Dr. Girdler, who deposed that he had seen the alleged lunatic repeatedly before he was committed to the Asylum, and he examined him on Sunday for over an hour, and took notes of what passed at the interview. The patient was quiet. He said he was quite sure that the woman who came to the Asylum to see him was not his wife, and that his own wife was keeping quiet until the trouble was over. He said that the Devil had power to change the bodies of women to deceive men, and this woman was six inches taller than the woman whom he had married. She might be the mother of his children, but they were not his children. He said lie had been robbed of £110 when he went to the Asylum. He said he could give no reason for the deception practised on him, but he said many of the patients in the Asylum were possessed of devils. He said if he left the Asylum, lie would clear out and have nothing to do with the woman who alleged she was his wife. His (Dr. Girdler's) opinion was that Fenwick was suffering from delusions, and was of unsound mind. His Honor : What delusions? Dr. Girdler: One was that he was robbed at the Asylum. His Honor : How do you know that was a delusion ? Witness : I do not think he could have been mi ''>--d at tlx: Asylum. Another delusion was his belief that the Devil could change the form of women to deceive men. Mr. Macrae read Lord Brougham's definition of unsoundness of mind, and Dr. Girdler expressed his concurrence in it. Any person suffering from a delusion could not be of a sound mind. Mr. Macrae also read from the latest edition of Savage on Delusions and Insanity, and Dr. Girdler expressed his concurrence in it. He would not recommend that Fenwick should be released, for lie might at any time commit a violent deed against his wife and children, as he believed he was suffering from persecution, and any person suffering from such a delusion was the most dangerous, as in his state of mind he would feel justified in removing his persecutors. His Honor: \ou have already said this man lias a wonderful control of his feelings. What 1 want to know is not what is possible, but wh it is probable. Dr. Girdler said he was informed that before his commitment he had threatened his wife with a shovel, but he had never seen him use any violence or threaten any violence. There was nothing in his manner to indicate that he was violent. In answer to Mr. Macrae, witness said that he would not consider it would be safe for the wife and children to allow this man his liberty. Dr. Walker, who examined the patient on the 18th July, gave evidence as to the interview lie had with him. In the course of this conversation Fenwick denied that the woman who represented herself as his wife was his wife. She was not the Ann Clilfe that he married. In reply to His Honor, witness said that with the exception of what lie said regarding his wife his mind was perfectly clear in regard to dates and events. He found 110 other delusion in him, but in regard to his wife he wished to avoid all conversation. He made use of no threats, or showed any vindictive ft cling. In his then frame of mind he might commit suicide, and he believed he was dangerous to himself or others from the peculiar form of his delusion. He thought he was persecuted by this woman whom he would not aknowledge to be his wife, and lie would he dangerous if lie was brought in contact with his wife and family. His Honor: But if he went home to England to look after his affairs, would he be likely to be dangerous? Witness : Yes ; I think so. 1 do not think he would be safe with anyone. When he talked of other matters than his wife lie was perfectly collected. He mentioned the fact of his mother's death, and of some property being left. In reply to Mr. Macrae, Dr. Walker said he would not consider it safe to allow the man to be at large. It would not be safe to the objects of the delusion. Dr. Philson.who saw the patient on Monday last, gave evidence. The patient at first positively refused to come to him, and he then went into the yard, where the patient was amongst others, but as soon as Fenwick saw Dr. Cremonini and witness, he ran, ami could not be induced to come near him, or answer any question. Witness came away with the distinct impression that the man was of unsound mind. No sane man would have acted as he did. His Honor: Hut if the man had already been worried by doctors and lawyers coming after him to the Asylum, was it not natural that he should refuse to be further pestered? Dr. Philson : I think not. Mr. Macrae asked witness as an expert if. assuming the facts stated by Drs. Girdler and Walker were correct, he had any hesitation in saying the man was of unsound mind? Witness - Not the slightest. Dr. Cremonini, Medical Superintendent of the Asylum, said lie had been practising in lunacy l,"> or Hi years, and made it a special study. He had known Fenwick for '21 months, and saw him daily. He knew him to lie a man of unsound mind, and a victim of confirmed delusion, but lie had great self-control. The only time he saw him lose his self-control once was the occasion referred to by Dr. Philson, but that was quite consistent with mental delusions. Mr. Macrae : Is it possible for Mr. Fenwick with his delusion to fulfil the responsibilities of a husband and father? Witness: It is not. He would not sign a certificate for his release as long as his wife and children were in the same country. His reasoning power in regard to his family was entirely unhinged. In replv to His Honor, witness said the man felt that he had been persecuted, and that being his frame of mind he could not be held responsible for anything in connection with those whom lie considered his persecutors. There were other characteristics of his state. He was morbidly suspicious, morbidly taciturn and reticent. His Honor said from the conversation with the patient he was perfectly satisfied the man was as competent as either Mr. Macrae or himself of managing his own affairs, except in regard to his relations with his family, on which he was gone. Mr. Macrae said that Mr. dittos was present. from Kaipara, and would give evidence if His Honor desired to hear it. His Honor said lie understood two exwarders of tin; Asylum were present, and would give evidence. Dr. Cremonini drew His Honor's attention to the fact that he had dismissed both those warders, and when one of them presented himself as a juror, jftu had ordered him out of the premises. His Honor did not think that could affect their evidence. .James Knight, an ex-warder of the Asylum, deposed that he knew Fenwick. He talked to him daily, and found him perfectly rational. He read the papers regularly, and was conversant with what was going on. He was very inoffensive, showed 110 excitement, but he never heard him speak of his wife and family. .John Caswell, .another ex-warder, said Fenwick was a. good deal under his care. He. kept apart from the other patients, and frequently conversed with witness. He was quite rational. On one occasion lie said he was willing to go home with his children, but not with his wife. Oil one occasion his wife, and he believed two children, came to see him, ami it was on this occasion he told the witness that he would not go home with his wife, b.ut he gave no reason. The Rev. Mr. dittos, of Kaipara, who married Fenwick to Annie Cliffe, about 17 years ago. gave evidence. Fenwick was then bush farming, and had been so for some time. Witness saw them frequently after, and they seemed to get along happily until about ten years ago, when he began to think there was something wrong with his wife and children, and the whole moral condition of the district, and on one occasion lie took a spade into his bedroom to offer up his wife as a sacrifice. Witness went to the house, and Fenwick admitted the fact. Witness took Fenwick to his own place for a week, but he fled, and when witness brought him back he said that witness was about to offer him as a sacrifice. Soon after this Fenwick, his wife and family, went to England, and Mrs. Fenwick returned after about live years' absence. Fenwick came out two years subsequently but fie would not recognise his wife, and said she was a changed person. Before these delusions Fenwick did not manage his farm as well as other settlers, but fairly well i up to then. He had 110 personal intercourse i with him since his madness, but after he was ' seized with these delusions he no longer j attended to his farm or to his business. This was all the evidence adduced. | Mr. Macrae respectfully submitted that the testimony of tne four medical men was. | sufficient to justify His Honor in certifying I that Fenwick was of unsound mind, and in- I

capable of taking care of himself and his affairs. He made 110 reference to the evidence of the warders.

His Honor said he was perfectly satisfied from the evidence,, and from his own examination, that Fenwick is of unsound mind, because if a man was suffering from one delusion that rendered his mind as a whole unsound, though lie may be perfectly sane on every other subject, but he was not satisfied, even from the medical testimony, that he was at all a dangerous lunatic. That, however, he had not to deal with at present, but might have to do so on some other occasion. He was satisfied that there was no more risk in letting him have his liberty than there was in letting any of the old people in the Refuge have liberty. He observed no trace of vindictiveness, and no desire to see his wife and family, and if they kept away from him he would keep away from them. But although he was prepared to say that he was of unsound mind he was not prepared to say that he was incapable of managing himself or his affairs. Fenwick explained to him (Mr. Justice Gillies) the whole of his affairs, the provisions of his father's will, and the division of the property under the will. He suggested to Fenwick that he should go home and look after his property, but he said he had no money, as what he had had been stolen from him. He then told Fenwick that his sister was prepared to send for him ; but lie replied that he did not like to be under an obligation to anyone for getting him out of the asylum. He wanted to get out as a right, because he was sane and knew all about his affairs. That he would not do his duty to his family he (His Honor) was satisfied, but he was not satisfied that he would harm them if they did not worry him As to his action in refusing to speak to Dr. Philson, he was not surprised at his declining to be further worried after being worried by others. Mr. Macrae asked His Honor whether if that little worry was sufficient to unsettle his mind, how it would stand the worry of business ? His Honor said that would be worry of a different sort, and would not affect lnm so much as being pestered about his affairs. He was prepared to certify that Fenwick was of unsound mind, but not that he was incapable of managing himself or his affairs. Mr. Macrae asked whether, if the evidence given by the medical men was insufficient, His Honor would be satisfied ith corroborative evidence from any number of medical men ? His Honor replied that the evidence of any number of medical men could lot convince him that Fenwick was incapabl, of managing himself and his affairs. He did not think medical men were the best judges on such a matter, and thought that lawye "s and judges were equally competent to form an opinion and decide on such a question as. doctors. Mr. Macrae asked whether, according to the statute, the decision had not to be either that a man was of unsound mind and incapable of managing himself and his affairs, or that he was of sound mind a: d capable of managing his own affairs—whether, in fact, one was not the complement of the other? His Honor held a different view, and gave his ruling that the alleged lunatic is of unsound mind, but not incapable <' managing himself or his affairs.