LONDON LUNACY CASE.

New Zealand Herald, Volume LXI, Issue 18680, 9 April 1924, Page 9

LONDON LUNACY CASE.

APPEAL BY COMMISSIONER. DAMAGES FOR FARMER. Australian and JT.Z. Cable Association. (Beed. 6.5 p.m.) LONDON. April. 7. The Commissioner in Lunacy, Dr. Bond, is appealing against the judgment of Mr. Justice Lush, in which, on the verdict of a special jury, the Judge awarded damages against him in connection with the claim brought by a farmer named Harnett for alleged unlawful da tention in a mental hospital. In opening the proceedings, the Attor-ney-General, Sir Patrick Hastings, K.C., on behalf of appellant, declared that if the judgment of the lower Court stood nobody would ever again take the risk of certifying a man a lunatic, and the place would be flooded with men who should be in mental hospitals. Dr. Bond saw Harnett only once, in December, 1912, as Lunacy Commissioner, yet the Court mulcted him in damages as responsible for Harnett's detention.

i The chief grounds of the appeal were | that the verdict was against the weight 'of evidence, and that the Judge mis- ; directed the jury; also that the damages were excessive. Furthermore, the damages were unrecoverable by law as being too remote. Sir Patrick quoted extracts from the evidence bearing on Harnett's behaviour in 1912. One entry in Harnett's diary read " Marie Lloyd modesty 67,C00 tons per minute." Counsel for Harnett explained that the entry referred to the flow of the Amazon. Sir Patrick said that Dr. Bond could not make head or tail of Harnett's conversation and came to the conclusion that it was best that Dr. Adam should again see Harnett. For that decision he had been ordered to pay £25,000. He argued that Dr. Bond should not be held responsible for all that happened in mental hospitals. He contended that the evidence wal overwhelming that Harnett was insane in 1912. The case was adjourned.

The special jury awarded Mr. Harnett | £17,500 damages against Dr. Bond, and £7500 against Dr. Adam, keeper of a mental hospital, for alleged unlawful detention in the institution for nine years. On February 27, His Honor gave judgment for £20.000, with costs, against Drs. Bond and Adam, jointly, and for £5000 against Dr. Bond, with costs. i Stay of execution was granted pending I consideration of an appeal by Dr. Bond, ' conditional on him paying £5000 to plain ! tiff within one week, and paying the i balance of the £20,000 into Court or I giving security within three weeks, paying costs, and entering an appeal within ■ one month. The Daily Express stated at the time that if the verdict were not ; reversed by the Court of Appeal the ! Ministry for Health would consider the ! question whether it was responsible for : the share of the damages and costs to | be borne by Dr. Bond, who, as Commis i sioner in Lunacy, is a public official.