EXTRAORDINARY CHARGE BY EX-LUNATIC.

Oamaru Mail, Volume I, Issue 156, 20 October 1876, Page 2

EXTRAORDINARY CHARGE BY EX-LUNATIC.

From the Star of Wednesday, we clipj annexed report of a case heard before | the Resident Magistrate : * JOHN BURT V. JAMES HUMS.

Claim £IOO, damages, for an aasi alleged to have been committed, caused to have been committed, by fendant on plaintiff, in the Dum Asylum, on November 6, 1875, and I ruary 11, 1876. Mr. E. Cook forp] tiff; Mr. A. Bathgate for defendant Mr. Cook, in opening the case, said pi tiff was, at the time the assaults were c mitted, a patient m the Dunedin Lin Asylum, of which defendant is Sups tendent. Council would put plaintiff the box to prove that he had been saulted on the days mentioned in plaint.—His Worship : Plaintiff will j eviuence as to assaults, he being a lui at the time, of their alleged committal Mr. Cook : Decidedly; a lunatic may haps"-not be able to remember corn such an occurrence as a conversal but surely he would have a distinct n lection'of assaults being committed him by which he suffered great bo pain. Besides, there was nothing top that plaintiff,-was a lunatic at the tim was confined- in the Asylum.—His \ snip : I believe that- ill-usage of paii may have "occurred;; in asylum^'at Ho but I do not thinfe they ever occt here. Can you not prove the alleged saults by other evidencethahthat of p tiff alone. —Mr. Cook: I cannot pro evidence on the part of servants in Asylum against defendant, who is t employer. That is perhaps not sibie, but then it appears to me you must prove two things—first, plaintiff was of sound mind when alleged assaults were committed, so tb can give reliable evidence concerning t! second, that plaintiff is of sound i when giving his evidence. —Mr. Co;l shall be able to prove that violence committed ; a man can surely remen even if insane, that injuries have bee fiicted on him. There is, again, no ii tation of lunacy in the case. Plaintil brought up by tho police at an ini Court and sent to tue Asylum as hi but there is nothing to siiow that an animation of him was first held bj medical men.—His Worship: I do know where jou take your view froi nave had frequently to forward afflicted with insanity to the Asylum, a strict inquiry has always been previi held. The cases of Home asylums our Asylum are vnot analogous ; then private asylums have a direct intere keeping patients within their wallstile Asylum has a direct interest in 1 ing them out. —Mr. Cook: Well, Worship, I shall call plaintiff to. nroye on the day first mentioned plaintiff thrust into an open yard, forced to swallow filthy i rally objected, but the outcome d objection was that he was seized I throat, pressed into the bath, and hii bumped against the side of the ball flicting some injuries and causing great pain. On February 11th pis was put in a room called the " iconde cell" for forty-eight, hours, was stripped almost naked, his wrists 1 cuffed behind him, and his arms stn beuind his back. In addition to th treatment hie was put on a straw bet with a spoon, and drenched with jfi, Plaintiff will also depose that thed<p Hume assisted; in this course y«J< ment, and \that others comintted acts with 1^"-Plaintiff _was eMw fendant handcuffed him, £ fcenui 8 arms behind his put into a ward, As the^hy? 3 wese loosened, he had" to-lie on# s face \ ; . only covering on "his be/" was a P leo canvas. In the aftern/* I .witness ai defendant to loosen g ftrap on hw arm. Defendant repj?> *oumust| and bear it," and */U™* taughuj Mi-. Cook: When/* th f s^P-takeni —Witness ;.YouiS ** exauuning fully. Jtol&jd?^?™'™* j™ notexammin#^ ol l tiiem -: *K h as though jrf/? 8 hem u PWBW-QJ instead of i/ br « *»* case bef the .** ?, tra P w taken oShr *™ d *7 following, ten (MsZ - e atra P 3 w ere on whiß 'tit&iyaic was operating. Th< :-'■ 8 with t t ne institution. I &$w no doci %urj?ytime I was so ./confined. II on April 20. The doses i , Wiiich were given - to. me w«j= ahorse, After being eifj Ipied by- two persQiis, who gave a hascil fewn Icerlaflcate :0$ admitted' into ti % ■_ examined by ai radical left, there to rot < M>■'■. \ / M^DpipJd| :^n&"of;- "the warders> sa Ete^prsJ^p^^ pf^|sni|e)^|^^^^defej^|^wa