THE LUMTMS ACTCASE OV RALPH (.'KEEN FEN WICK. Auckland, August 25.

Te Aroha News, Volume VI, Issue 294, 29 August 1888, Page 5

THE LUMTMS ACTCASE OV RALPH (.'KEEN FEN WICK. Auckland, August 25.

In Chambers to day, before Hi?- Honor Mr Justice (Jillies, IVlr Farquhar Maciae moved under the Lunatics Act that the llegistiar make inquiries as to Ralph Ureen Fen wick as being a person of unsound mind. His Honor said that the man Fen wick was not a lunatic under the Act, as he was simply a person of unsound mind, not incapable of managing his own affairs. Mr Macrae argued lhat under the definition of a lunatic in the Act Fen wick -was a lunatic, as he was confined in the Asylum as being of unsound mind. His llonoi : But it is a case of false imprisonment. Mr Macrae pleaded that Hie. Honor had found the man of unsound mind, and adduced authorities to show that such a finding constituted him a lunatic under the Act. Being wheie he was — in the Asylum — he was practically incapable of managing his own affairs himself. His Honor said he was illegally detained in the Asylum, though he would not take upon himself the responsibility of oidering his discharge. Mr Macrae by examples endeavoured to show that Fenwick could nob manage his affairs, and thau it any money was coming to him from his father's estate in England, such money would not be handed o\ er, he having been found of unsound mind. His Honor considered that he had no jurisdiction under the Act to grant the prayer. He had by examination found the man of unsound mind, but capable of managing his own affairs. Howmuchhewascapable of managing iiis own aftairs was a question foy after examination. Ho could imagine agveat many cases in which a man might be of unsound mind on one point, but \jhich did not interfeie with his capacity for managing himself or his ailairs. 11 the parties concerned would recognise what the meaning of his finding was they would not allow him to be where he was. The man was illegally detained in the Asylum, although he had no power to make any authoritative ruling on the subject, but that was his impression.