Unlawfully Detained As Mad

NZ Truth, Issue 978, 23 August 1924, Page 6

Unlawfully Detained As Mad

Mental Hospital Door Far Too Easily Opened — From the Outside! ■''■ ■■■ . . . . ■ *v ■•• ■ "But for the Delusions Alleged — which were no Delusions at all— the Man would not have been Committed" In English-speaking countries, and probably everywhere m civilisation, there is a standing allegation that the machinery for forcibly committing people to mental hospitals succeeds m collecting a considerable number of sane persons. But it is a very difficult charge to prove, partly because there are so many borderline cases, the diagnosing of which is by no means an exact science. , , Occasionally, however, the system is caught tripping tn a manner that admits of no doubt, and little or no excuse. Such a case has occurred m Auckland, and is reported below. It is a case of committal to a mental hospital on the certificate of two doctors, whose finding was based on "the unsworn testi- ':■ mony of interested people." These words, used by the superintendent of the Auckland Mental Hospital, epitomise the indictment. . ■•'■ . If the unsworn "facts" of interested people, plus a little pardonable excitement on the part of the patient under examination, is a ground for legal commitment, no man is safe. - The relative who moved for commitment alleged delusions of the patient. One of the alleged delusions was his wife's infidelity. It is not a delusion, but a fact. The wife admits it. But it was not admitted m the presence bf the two examining doctors. ■-'.■'..". .

An application was brought under the Menial Defectives Act by Mr. James H. Bradney, J.P., and an ex - M.P., calling upon the Judge to say whether or not the person concerned was mentally, defective or otherwise. Lawyer Inder appeared m support of the action, and Lawyer Newbury appeared' for the son of the mian so concerned. It was at the son's instance that the committal order was made. At the outset, the Judge agreed to the requests of counsel that the name of the family concerned be not published. It was also decided to take the case m the shape of a re-hearing of the original application for committal; and the medical witnesses were allowed to watch the proceedings. Lawyer Inder, m opening, said that on June 13 last Mr. X., on the application of his son, was brought before a Magistrate and was examined by two doctors, who gave certificates that the patient was suffering from definite delusions and should be sent, to the Auckland Mental Hospital. This was done, and the patient was examined immediately on arrival at the institution by Dr. Lizard, assistant medical superintendent, who certified that physically the' man was quite sound and that he could find nothing to justify his; committal without having corroborative evidence. Dr. Beattie, the superintendent, also carried out an examination and came to the same conclusion. ! Mr. X wrote to a friend, a Mr. Higgins, asking him to come and see him. and /he. told this friend he should not be there; . He asked Mr. Higgins if he would take the matter up for him, which Mr. Higgins , did. Mr. Higgins then got m touch with Mr. Bradney, who thought it his duty to undertake some investigation, and it was ultimately found that one of the delusions attributed Mr. X was a delusion of unfaithfulness on the part of his wife. This unfaithfulness was subsequently admitted by Mrs. X to be a fact, and, further, a letter wa_s discovered confirming • the admissions. The confession was contained m a letter m the wife's own handwriting, and Mr. X was sufficiently sane to tell the Fublic Trustee where the letter was and where it was ultimately found. It was also stated that the patient had threatened to take his wife's life, but very strong evidence could be got to show this was not likely. Counsel said he would- ask that the Public Trustee produce the patient's will, .which left everything to the wife. It was therefore very unlikely that Mr. X would leave her everything and then destroy her. THE SON'S STORY. The son of Mr. X said he was 28 years of age. Prom his childhood he had noticed peculiarities m his father, nnd as he 1 grew older and "was able to understand, he saw that many things stated by his father could not be correct. Regarding ■ delusions with outsiders and neighbors, Mr. X would not keep friendly with them for any length cf time. The Judge: It is sometimes difficult to do that with neighbors. (Laughter.) Mr. X seemed to take violent dislikes to some of the people he had only seen occasionally, and without any apparent reason. He took a dislike to Mr. Laidlaw, sen, Mr, X had only seen this man at church gatherings, and Mr. X had said that Mr. Laidlaw was a child of the devil, a hypocrite, and that he was a bad man. On being approached on the subject, Mr. Laidlaw said he had only spoken to Mr. X once m his life. While living m East Tamaki for a number of years, Mr. X had his farm on the market for sale. Agents would bring buyers to look .it the farm, but they went away and were not heard of again. "Father (Mr. X) always dogmatically assumed that the neighbors always made it their business to intercept the buyers and agents and poison' their minds against buying the place." If Mr. X was contradicted ir- this matter he would be very much annoyed and get very angry. The only reply he would give wus, "You do not know." The Judge: How long ago is this? Witness: Up to about six years ago, from as long as I can remember. In my presence he has never made an attempt on my mother's life, except once about IS years ago. The Judgo: You can't go back nil that time. This witness was only 70 years of age then. It is impossible for a man to meet: an allegation like that Give us something more modern. He was not "put m" for that 18 years "^Witness, continuing, said that he had heard his mother threatened at a later date, about ten years ago. His mother wrote to him complaining about his father's violence, and witness returned home and endeavored to put matters right. His father received him well, and subsequently went to work on the farm. Witness went down to see him and said to him: "Father, the condition of things at home causes me great concern. Can't we get together ond straighten things up so that /the atmosphere of the home may be good?" As soon as witness mentioned the subject his father went into a violent temper, foamed at the mouth, and ordered witness off the place. Witness said he hnd come to do his duty to tho home, but his father continued In » fury and told him to leave. Later m the day his father, m (he presence of the family^ told witness that if he hart come home to cause trouble he had better not come back again. Mr. Inder: I think he would, when a boy of 18 comes home and tries to dictate to his father what to do. Witness: I was trying to effect an improvement m the home, and I considered The Judge: Well, wait a little. Let us get down to something tangible. Toll us of something else. MR. MASSEY.AND THE BENZINE. Continuing, witness said that at tho houso where his father lived "before being incarcerated" there was a benzine shed which his father thought w;ts unsafe. The latter entered into negotiations to have the shed removed. Lettci-K were written to the local authorities, to the Xmvmarket Horough Council, to tlu« Prime Minister, and te a solicitor, who considered there was nothing In lh<; mutter. So father said that everybody hud been bribed.

The Judge: With the exception that he suid the,se people were bribed* lie seems -to have taken a very rational step. ■ \ ■ Mr. Inder: The shed, sir, is only six feet from the house. < The witness: That is denied. The sl?ed is over 20 feet from the hou^, and there is a brick wall between. Father would forget about it, then he would suddenly remember aiid worry about the business. The witness then went on to speak of his father's delusions as to his mother's unfaithfulness. He said that m thefr home m Tamaki his father accused his wife of being unfaithful^ He made a trapdoor m his bed-' room inside tHe wardrobe and after he went into the room he would go through, the trapdoor and get under the house. Then he would crawl along under the house to mother's bedroom, where he had holes .under her bed; He would stay most of the night under the house. \ "So I have been told," concluded the witness. ■ ', ' ■ . The Judge: Do you know about this yourself? — No; I have been told. I know about him goingr under the house. Mother told me the other things. , ACTION UPON HEARSAY. Witness said he heard that his father had attempted his mother's life, and witness went to see Dr. Petitt He explained the facts of the case as he saw them. Dr. Petitt advised him! to take steps to have the father committed. Witness wanted to delay and tried to do so while he considered the matter. The doctor said if he did so the tragedy he feared might occur. Mr. Inder: ( Are you married?— Yes. I have been for foui\ years. I have resided m Ohakurre and DrYtry. How long is it since you have lived at home? — I have been away from home for twelve years. I have been home on an average three weeks to a month .each year. For the last two years 'l have been at home for three weeks m the first year, and during the last twelve months about three days m every fortnight. What has your father done, m the past twelve months m the way of justifying a delusion? Witness quoted the case of a man who had been a friend of his and his father's, and whom for no known reason his father took a, dislike to. Then there was the case of Mr. Laidlaw, senr. Father and Mr. Laidlaw were both Brethren and so was witness. Yes, Mr. Laidlaw and your father both belong to an unusual sect, do they not? — No, it is not an unusual sect. It has been m existence for many years. The Judge: Well, never mind going into details. Witness: We are all Brethren. Mr. Inder: Mr. Laidlaw is a lay reader, is he not?— No, there is no such thing as a lay reader. He is a preacher. Have you any knowledge of any instances m the last two years of violence on your father's part towards your mother? — Well, he is rather cunning m that respect. The Judge: Oh, none of that. Have you or have you not knowledge of any instances? ■ ■ • . * Witness; He has never threatened my Another m my presence. Mr. Inder: Has he accused her m your presence of infidelity? — Yes, he has m the- last two months. Do you know of any instance m which your father threatened to shoot your mother?— Yes, I do. When?— About June last. In your presence? — No. Well, I want to hear of something you can say of your own knowledge. Mr. Inder hereupon read from the statement In the application for committal. He asked what witness meant when he said his father suffered from attacks. Witness: I mean that he had blood pressure. ■ • You also state that these allegations of delusions are true? — I believe them to be true from what I was told. Then if they are not true, your statement is wrong? — No answer. HOW IT WAS SIGNED. Mr. Inder: Then you signed this paper to put your father m an asylum with statements m it which you did not know were actual fact? — I did not read nil tht things through. But you signed it? — I did. You say the "attack" you mention was an attack of blood pressure? it was not an attack of insanity?— No. You say something about fits?— Regarding fits I cannot say I have seen him m a bad fit. Did it ever occur to you that if your mother's life was m danger she would be better separated from your father? —Yes, it often did. But you thought it would be easier to put him m the asylum? — I never suggested putting him m the asylum until the danger of his being out was outlined to me by the doctor. I never suggested separation to the doctor. Has your father ever mentioned your mother's infidelity? — Yes, repeatedly. Did you think this a delusion?— l have that confidence m my mother's honor and integrity that I do not believe It. The Judge: That is all right, and as it should be. Mr. Inder: You would not be a son if you hadn't. But you know there is a suggestion of this?— l have never heard it. Is your father fond of your youngest sister? — He was not at first, but he is very fond of her now. Although your father la considered such a dangerous man, I believe your mother has gone for holidays for weeks at v time anil left him alone with this child? — Yes, thnt m so. Then ' your mother could not have been afraid that your father would destroy the child's life?— No, not at all. Is it not a fact that during the last six months your father and mother have gone to churc'.i together and gone out together? — Not to my knowledge Mr. Newbury: Do you know any occasion of your own knowledge where there has been mention of polHonlng by your father?— Yea, father has accujed mother up to recently of endeavoring to poison him. Ho has

made the statement to me. He made that suggestion to me about two years ago. He said that two of witness's aunts had poisoned their husbands. The Judse: Well, that may be true for all we know. Witness: One died of typhoid fqver and the other of inward trouble. John Jude Taylor , said he had known the previous witness's father, Mr. X, since 1899. About two years ago he met Mr. X m the street, and Mr. X said he was going to leave his wife and marry a girl at Mt. Eden. He said he hardly knew the girl. Witness told Mr. X he could not marry the girl while his wife was alive, but Mr. X said that it would be all right; he could act as he liked and it would not be a sin. He said he had been reading the Scriptures. Mr. X quarrelled with witness over that said that witness. was not to, be allowed to go into the house, of Mr. X any more. To Mr. Inder: I think Mr. X has a lot of delusions, but I do not think he is mad. The Judge: What delusions do you think he has? — That everybody is after liis money. . . • • ■..'•'- The Judge: There ma.y be something m that, too, for all we know. . . MRS. X IN THE BOX. Mrs. X was next called. She was a woman just over middle life, stout and domesticated-looking. She said she was married about 32 years ago. Her husband, from the first of their married life, had been under delusions. The Judge: That is not very definite. "•Witness "went on to give her husband'^ fears regarding neighbor's designs on himself. In the past 10 or 12 years he had threatened her life many times.' He had said he would chop her head m two with an axe, and said she was trying to poison him. Pie said her two sisters had poisoned their husbands, so had her mother, and she was trying to do the same. Just before her husband was committed, he had been moody, spending most of his time at NeSvmarket talking to other people about her. ■ 'One afternoon" he locked the door and then "sat with his head In his hands watching her every move. Then he said: _"Hl?.d6 for you." Afterwards he bailed her up m the passage: of the house and tried to get hold of her. She ran out 'of the house then.' '■■'''..' Mr. Inder: I thought the door was locked? .'. ■• . , .-.■■'.; Mrs. X said that when she returned her husband was away. He returned later and went about the house moping. She sent for her son, who arrived and took the necessary steps to have her husband committed.. She. knew nothing about what the son had done. At Tamaki, she and her daughter slept m the same room. . .One night she heard a tap on the window about 12 o'clock, and a man said: "Gome on out,, Mrs. J. , and I will do you no harm." She went to ' hei* husband's room, but he was not there, and when she looked out shfc saw him speaking to another man. It was bright moonlight. Next day Mrs. X went to the man and asked him about the matter. The man said that Mr. X had given him two bottles of gin to watch her. Her husband always seemed to- keep a watch on her 'and to suspect her. He said all the Brethren were after her, and s*ll she had to do was to hold up her skirt. She had also heard noises under the house, and when she made investigation she found a trap door from her husband's room to, the basement. Qn one occasion he had struck her on the head with a bucket. This stunned her. This was about four years ago, and she fainted, but he did no more. He said he had a girl m town that he went to see every week. When -he came home he always seemed to be m a bad temper. He always accused her of running with tales to other people, which was a thing she never did. It was he who was always carrying their business to other folks. Further, he had always accused her of robbing him of his money. She, however, maintained that she hadi never controlled the dp-, mestic money, and that she had not got any money from him for years. If she wanted a chamois leather she hati to go and ask him for the money. He had cut a trap door m more than one of the houses, and made other devices so that she could be watched. COULD HAVE DONE FOR HER. Mr. Inder: When he hit you on the hoad with a bucket and- stunned you. he could have done for you then, could he not?-— Well,>yes, I suppose he could. I was dazed at the time, and went into the house, where I fainted away. Did you say you knew nothing about these proceedings"— No. I did not till I saw my son. Mr. Inder: Where did the officials find your husband ?— At the house. What did they say to him?— They asked him to go and identify a man at the police station. ■ - • Yes, and then they motored him into the police station?— Yes, they did. Does your husband drink? — No, he does not. She had only known of him having trouble with blood pressure; he was otherwise healthy. Did it ever occur to you to leave your husband? — I did not want to do that. I had worked for the money as well as him and wanted my share. The Judge: Did you seriously think your life was m danger? Did you not know you could have got an order of the Court against him? — I did not know I could: get an order. He was always threatening 1 me, and I did beHeVd ho woulfr do me some Injury. I felt m danger all the time, and I prayed to God for protection. Mr. Inder: This is an instance of prayer being answered at all events. Your youngest child is not Mr. X's, is it, Mrs. X?— l believe it is not. Well, "that's good enough. We will say it Is not. Since then he has not been the same to you, has he?— He has accused me of unfaithfulness since the very first. Has he ever threatened the child's life? — No, he has been good to her. Sometimes he has been the best of husbands. So that he has not always threatened you and accused you of infidelity?— He has always said of nnybody coming about the house that they were after no good. .'',". He has accused you, has he, of many occasions of unfaithfulness Which were not true? — Yes, ho has. Witness added that she did not tell him of the infidelity sooner, because she was afraid of him. He accused her of misconduct with a man old enough to be her father, and who, he afterwards said, had stolen £100. Witness admitted that her husband had given her all his wages to keep the household, nnd when a bill came hi for £11 12s 6d he accused her of robbing him. That was when she was young and foolish. She did not toll the examining doctors that the unfaithfulness "delusion" wns not a delusion. Things came on her with such a rush at that examination. Mr. Inder: Nothing like the rush they came on your husband. Witness said that her husband had not threatened her when there wus anybody else about. Mr. Inder: So that only you know of those threats?— Only me and God. The Judge: What was the occasion when he accused you of poisoning him?— lt was one day at dinner time. Tho Judge: Hnd you given him his food at that time? — Yes. I had given him mushrooms. The Judge: And did ho just put them aside? — No answer. Mr. Inder: Ah a mailer of fact, sir, It was at the time when there' had been cases of mushroom poisoning. A FORCED CONFESSION. Re-examined: Sho forgot what Mr. X did when 9ho told him of her misconduct. Ho told her to write it down and he locked the confession away. Later he said ho had shown It to other dcodlc He also said he had shown it

to Bill Massey, who lent him 2/6 to go m and see a lawyer. (Laughter.) She afterwards got hold of it and burned it. But he found out and said if she didn't write another confession he'd chop her head off her. She was afraid of him and wrote another confession. She admitted Mr. X was not the father of the child, but -that she was assaulted when the child was conceived. Mr. Inder: Oh, yes. MEDICAL ;MEN RETRACT. Dr. Walton spoke to examining Mr X m June last at the Magistrate s Court. Mrs X and her son were also there besides Mr X. The allegation? were of threatening the wife's life.. and delusions regarding his wife s faitniuiness to him, and regarding threats on the part of the wife to poison him. Witness said that, after questioning the parties.. Mr X seemed to^ answer quite freely. Witness considered at that time that it was a case for committal. He did not think that increased blood pressure would bring about mental deficiency. . , To the Judge: If he had had all the evidence before him then that he had now he would not say that his opinion; would not have changed. The wife denied unfaithfulness. To Mr Inder: In view of what < tie had heard that morning, and, if he knew the results of a period of treatment under the observation, of, the mental authorities, he would not have been prepared to have ordered committal. ' " ■ Dr. Griffin, who was also an examining doctor, said that Mi- X seemed to go into very long 1 rambling statements when being examined. If he had known that some of the alleged delusions were true it would have modified his views. The Judge (to Mr , Newbury) : ; Well, on that evidence, can you fairly suggest that this is a fit case for committal? Mr Newbury: I am afraid I cannot sir. We are not here for the purpose of putting the man m, your Honor. We. are here because we have to be. The Judge: "ijes. I think the son has acted with only- the best intentions. 1 would like to hear Dr. Beattie, however. '• . . ■ • ■■ ' ■■"'■'. Dr. Beattie, Superintendent of the Auckland Mental Hospital, gave details of his observations of Mr X; Immediately on admittance, it was found that there was very little wrong with Mr X. Witness personally examined him and could find nothing the matter with him. if the allegations made were hot true. Witness then set about to test the authenticity of the statements made regarding Mr X's delusions. After getting to the bottom of matters, witness considered that the statements made against Air X were m the most part not m accordance with fact iarid could not be supported. The wife seemed determined that Mr X had tried to poison her. On further investigation he found this took place about 15 years ago, about the time when the! illicit relations ' were taking place between the wife; and tho other man.. Before that day the witness said he had arrived at the; opinion that Mr X was not a fit patient for the mental hospital. : To the Judge: He had heard 'nothing m the evidence , that day to

Water, water everywhere nor any ,drop to drink.— Coleridge.

make him think that Mr X was a fit patient for a mental hospital. THE SYSTEM WRONG. In answer to Mr Inder, Dr. Beatt'.e said ho did not think that the system was a good ono where committal coulfl bo made on the unsworn testimony of interested people. He did not like to accept facts he cpuld not verif y In committing people to the hospital. The Judge: I do riot think you need go further. lam satisfied that the opinion of Dr. Beattie is correct. The evidence adduced to-day satisfies me that if this case had been brought before a magistrate, the probability Is that an order would never have been made. ' " it certainly suggests to me that there should be some further investigation into alleged delusions before a man should be summarily committed to a mental hospital. It seems to me there should certainly bo some, investigation into alleged delusions; because, as it is now admitted by two medical men, but for the doluaions alleged — which wero no delusions at all— the man would not have been committed. It is very much to tho credit of the different gentlemen concerned that they took steps to have the matter brought before the court, and I have now nothing to do but to direct that this man be. immediately discharged by the Superintendent of the institution. There was no suggestion but that he was unlawfully detained. I think m view of what has taken place it would be desirable that some arrangement should be made between these people. The condition of things, especially after these proceedings, is not likely to make for a comfortable, happy life together, and something should be done towards a separation. Mr Newbury: 1 had intended, sir, if this order was made, to immediately move m that direction.