LUNATICS AT LARGE

Otago Daily Times, Issue 13958, 18 July 1907, Page 2

LUNATICS AT LARGE

AN INTERESTING POINT. (Pμ United Prkss Association.) CHRISTCHTJRCH, July 17. A rather interesting law point in regard to lunatics was raised at the Magistrate's Court this morning by Mr V. G. Day, S.M., when Phillip A, Kissoll was charged with bavinjr escaped from lawful custody in May, 1906. Sub-inspector Dwyer said that the accused had been convicted for an offence and sentenced to a term of imprisonment at Lyttclton. Later he was transferred to the Sunnyside Asylum, whence ho escaped, and' went to Sydney. While there he was found guilty on a charge of breaking and entering, and sc7itenccd to another term of imprisonment. Dctectivo Cassells happened to visit, Sydney during the time Kissell was undergoing this sentence, and recognised him as an nbsoonder from New Zealand. On completion of his sentence Kissell was sent back to New Zealand.

Mr Day said that ho thought (hero was a legal difficulty in the way before this case could be 'dealt with. Section 178 of the Lunatics Act stated that "None of the powers of discharge hereinbefore contained shall extend to any person who shall have been found a lunatic- by inquisition, or to any lunatie confined under any order or nuthority of the Colonial Secretary." Section 155 rend as follows:—"In case any person so allowed to be absent on trial for any period do not return at the expiration thereof, and modicsiJ. certificate as to his state of mind certifying that his detention as a lunatic- 'is no longer necessary be not sent to the superintendent of such asylum, or manager of such hospital, or keeper of Buoh licensed house, or occupier of such private house, such person may at any time within 14- days after the expiration of the same period be retaken, as in the case of an escapee, and if not taken discharged." The pri?onor had been nut. there hy authority, and section 178 showed that as he was placed thero by authority, 14 days at largo did not mean a discharge in his oasc. The doctor in charge had not given a certificate, which was th<- otlier essential, and he held that. Kissell was still a lunatic, as he had not been discharged. A lunatic could not be asiced to plead. The case, would therefore bo dismissed, and the ouation as to who ehoukl liave charge of tho prisoner was a. matter between the gaol authorities and the asylum authorities.