DR. BOND'S APPEAL.

Poverty Bay Herald, Volume L, Issue 16406, 12 April 1924, Page 7

DR. BOND'S APPEAL.

ASYLUM CASE,

PATIENT AND "QUACK

(Eicc. Tel. Copy right— United Press Assn.) (Australian uud jN.Z. Cable Association.)

LONDON, April 10.

The Bond appeal case which lapsed into a Jong legal argument, has readied the closing stages. Sir •). Simon, for Harnett, supporting the .judgment, declared that his client's illness was due to toxic poisoning. He remarked that J)r. Adam had said thai ho had never doubted that insanity was the result of an injection of tuberculin. Sir J. Simon added : Harnett had been fooi enough to put himself into the hands of a "quack" named Tailor, who injected the. stuff into his .arms. Simultaneously Harnett suffered a great shock in the threat that hei would be returned to an asylum, which fact had not been revealed at. the public trial. The hearing was adjourned.

A verdict, for plaintiff lor £25,000 was given by the jury in the case in which a prosperous farmer named Harnet sued Dr. Bond, Commissioner in Lunacy, and Dr. Adam, keeper of a mental hospital, for damages for alleged unlawful detention in a mental hospital for nine years. Jf was stated that the detention was at. the instance of Harnett's wife and brother against whom another case is pending. Mr. Justice Lush, summing up, recalled that one/ doctor who gaive evidence said that Harnett asked him to spell parrallelogram as though this was a proof of insanity. This had long been used as a test for drunkenness. There was nothing remarkable in Harnett askoug him to spell it. His Honor disagreed with the Attorney-General's contention that the jury, when assessing damages, should not take into consideration that the. unlawful detention lasted for nine years. He thought the jury could compensate Harnett for the whole period. At the end of the case his Honor said he thought insanity cases should be classified', and independent medical opinion obtained to show whether a. person was sane or insane. Some judicial inquiry might be held to provide further safeguards. The Daily Chronicle says the case was an inquiry into the whole system of dealing with the insane. It is evident the British system docs not provide adequate safeguards against improper certification.

The jury answered "No" to the following questions: Was Harnett of unsound mind in December, 1912? Did Dr. Bond honestly believe that Harnett was then of unsound mind and not fit to be at large? Did Dr. Bond take reasonable care to ascertain ? The jury found that Dr. Adam honestly believed Harnett was not fit. to be at large, but he did not take reasonable care.

After their verdict the judge addressed the jury on the apportionment of damages, and the jury apportioned them as follows: Dr. Bond, £17,500; Dr. Adam, £7SCO.

It, is estimated that the costs total £IO,OOO, of which £2OOO is for shorthand notes.