SUPREME COURT.

Wellington Independent, Volume XVI, Issue 1707, 14 March 1862, Page 3

SUPREME COURT.

Wednesday, March \2th, 1862. The Court sat this day to enquire into the lunacy of George Dalrymple Monteith, late Pruvincial Surgeon. The following special Jury were einpaunelled— W. M. Baunatyne, foreman, W. Lyon 7 D. Riddiford, G. Crawford, A. P. Stuart, O. D. Barraud, J. F. E. Wright, W. Beetbam, W. W. Taylor, W. Bowltr, VV. B. Rhodes, arid James Wallace, Esquires. Mr. Brandon appeared on behalf of the promoters of the enquiry, and Mr. Borlase on behalf of Dr. Monteilh.

Mr. Brandon explained the object for which the enquiry was instituted, and called Alfiied Hebd— He deposed, I know Dr. Monteith ; I believe' be was surgeon to the Hospital ; I was in attendance upon him, day and night, from Thursday, Nov. 7, to Saturday, Nov. 9th, when Mr. Woodward came to replace me} on Thursday I accompanied him down the beach, being an invalid he was rather troublesome ; on Friday he had a very severe epiliptic fit, which lasted about half an hour, and which left lain very poorly the remainder of the day ; during the time I was there he talked in an abusive manner of his family, against his son particularly, and his daughter Maria, move than tbe others ; he continued to talk in a similar strain during the two days I was with him ; he was very troublesome at eight, continually calling for things for which there was no necessity. On Sunday, the 17tb, Mr. Woodward called upon me and asked me if I would go down with him ; I did so ; it was about four o'clock in the afternoon, and I staid there till 9 the next morning; at about 10 o'clock that night he would persist iv getting up in order to go out and loak for the Miss Mouteiths, who w«re not iv the house; we would not allow him to go out of doors, when he became very violent, threatening to fire the place, and attempted to do so by trying to light the screen, which we prevented ; he then took the candle and attempted to light the curtains ; prevented from doing so, he thrust the lighted candle iv Mr.

Woodward's face ; I requested Mr. Woodward to go and get further assistance, which he did, leaviug me alone with him, when he went into the front room and broke the piano, and then thrust the candle into' my face ; he then made * blow at me with the candlestick ; I then left the house and met Mr. Woodward coming with assistance, when we found the back door locked aud the front door also; I was absent a little while and returned with Dr. Fiance and Mr. V%riug Taylor ; Mr. Woodward asked them to assent to his confinement, which they did, and we fastened him in a chair.

Sajiuel Woodward, deposed, I went to attend on Dr. Monteith, on the 9th Nov. and continued with him till the 18th ; when I first went he was very low, mourning, and saying how his son ill. used him; he pulled off his stockings to show me the bruises, but there were no signs of any bruises ; on the 18th he had a fit which continued 50 minutes, after which he was taken to the Hospital. Here the | witness detailed what had taken place on the Wednesday previous with reference to some poison he had got hold of, and which he emptied into the Chamber utensil, saying that be intended it for his son Dal. The same morning after he had shaved he got possession of some poison which he had previously secieted amongst some logs. The witness said that his daughter* was very attentive to him. Charles Ibance, Surgeon and Medical Attendant on the Lunalic Asylum, deposed that he had attended Dr. MoDteith up to the time he was sent to the Hospital on the 18th Nov., he was subject to attacks of epilipsy which occurred periodically; in 24 hours after these attacks he had been able to go about his ordinary avocations* but on the 24th Feb. 1861 his protracted illness commenced, and since then he had not been able to return to his duties ; he had been very ill for about a fortnight when he began to wander in his mind ; I attended him daily; from about the 10th March his mind became unhinged ; he was subject to delusions which increased upon him ; he had lucid intervals ; as time went on these intervals varied, and his mind became more and more unsound. Alexander Johnston, Provincial Surgeon, deposed, that Dr. Monteith was in a weak state of mind, aud incapable of managing his affairs He will talk rationally for half-an-hour oi soj but before the evening he will wander again. I remember the 6th December ; he signed a deed on that day; when he signed that deed he appeared rational, but during the day he was wandering again ; not more than two hours afterwards. 1 am of opinion that he is now of unsound mind ; I do not think it would be safo to trust him without attendance; if by a lucid interval is meant not a mere abatement of symptoms, but a complete restoration for a short time to reason, I do not think it was a lucid interval when he signed the deed. Dr. Featherston deposed to his having had some conversation with Dr. Monteith about his affairs. He requested him to see Mr. Brandon and get a deed prepared, approving certain parties to manage his affairs. His Honor continued,--! remember when the deed was prepared, going to the hospital on two occasions, the first time he was perfectly incapable ; the deed was not shown to him on that occasion, nor was there any allusion made to it; we went the second time with Dr. Johnston and younoMonteith, when he apologized to his son f o °r some expressions he had made use of towards him ; the deed was not produced until its contents were explained to him; when the deed was read he said it was exactly what he wished and he appeared perfectly satisfied; he signed the deed, and during the whole of the time he appeared perfectly sensible ; I am of opinion that it was a lucid interval when he signed the deed ; I do not think it is necessary for a lucid interval that there should be a perfect restora turn; I think a lucid interval may occur wheu there is only an abatement of symptoms— that there may be lucid intervals without complete restoration ; if legally a perfect cessation of insanity is necessary co constitute a lucid interval, then he had no lucid intervals ; but I think there was a sufficient remission of symptoms to restore to him a portion of his reason ; I agree with Dr. Taylor that a lucid interval may continue only a few minutes, uv may extend to days, I am of opinion that he is not in a fit state to manage his own affairs or to be trusted by himself. The learned Judge referred to what constituted in a legal sense a lucid interval ; there could bexno doubt that Dr. Monteith was surficiently sane on the 6th December to be conscious of having executed % power of Attorney, and the nature of its contents. If the legal instrument then executed was of a different character, and had been drawn up for auother object, it would be mote necessary to be strict in admitting whether he had legally any lucid intervals.

The Jury had an interview with the patient, and, after a short consultation, returned a verdict to the effect, " That Dr. Mouteiih was of unsound mind, and had been so since the 10th March, 1861 ; but that he had lucid intervals, during oue of which he executed, on the 6th December last, a power of Attorney."