ALLEGED ASSAULT ON A LUNATIC PATIENT.

Evening Star, Issue 4263, 25 October 1876, Page 2

ALLEGED ASSAULT ON A LUNATIC PATIENT.

At the Eeßident Magistrate's Court today, the hearing of the case of John Burt v. Mr Hume, Superintendent of the Lunatic Asylum, was continued before Mr Mansford, R.M. It will he' recollected that the claim is tor LIOO damages for assault, alleged _to have been committed or caused to be committed by defendant on plaintiff in the Dunedin Asylum on November 6, 1875, and February 11, 1876. Mr E. Cook appeared for plaintiff; Mr Bathgate for defendant.—The plaintiff's case was heard on Wednesday last, and evidence for the defence was now given.— Professor M'Oregor said that from November 6 to February 11 last he was inspector at the Lunatic Asylum. When he visited the institution he went through every room and examined every patient in the place. Eveiy patient had an opportunity of making complaints to him ; but none was made by the plaintiff. Between November 6 and February 11 he made four visits. The Act provided for one visit in six months.—Crossexamined : He never remembered seeing plaintiff in going through the Asylum. —John M'Donald: I am a warder in the Asylum. I know the plaintiff. On November 5 I called him for his bath, but he refused to come. He said he defied all the warders to bathehim. I tried to coax him, whereupon j he seized me by the throat and threw me down, and I had a narrow escape of breaking my back. One of the patients came to my assistance, and we stripped him and put him into the bath. , He was very violent, ana plunged about more like a wild beast than a human being. I did not jump on him, nor twist his arm round so as to injure his collarbone. The water was clean—two had been bathed in it before. About the 21st of February plaintiff was shifted from No. 1 ward to No 4 ward. He then assaulted Warder Waters. He assaulted Warder Ross about February 11. Ross came rushing into a room where I was and complained that plaintiff was very violent, and that he had assaulted him. Ross's nose was bleeding, and I went to see plaintiff. Ho was very violent, got into a fighting attitude, and defied anyone to come near him. He is the most violent man I have seen in- my ten years' experience in lunatic asylumß. He had to be handcuffed te restrain him. The handcuffs were kept on him for about three hours. It is not true that he was handcuffed all night, and made to lie on his face. Cross : examined: Plaintiff made several complaints, but they were mere delusion. Nearly all the inmates' complaints are looked upon as delusion. , Plaintiff had no straps upon him to restrain him. The handcuffs were put en plaintiff after dinner in the afternoon, and not taken off till next morning.—Joseph Clear, warder: I remember November 6 last. Plaintiff complained that he was being id-treated, but only necessary violence was used in bathing him.—John Buchanan, ward«r, was next called.—Mr Bathgate stated that the witness could not give evidence as to the assaults on the two dates mentioned in the particulars of demand. He would, however, prove that plaintiff had violently assaulted Warder Waters, now dead, on one occasion. He submitted that the evidence was admissible.—Mr Cook submitted that the evidence should not be allowed.—His Worship : I consider the case resolves itself into one of the general working of the institution. I did not consider that any case was made out on behalf of the plaintiff, but I deemed it right that this public institution should have an opportunity of defending itself.—Mr Cook : With tbat expression, seeing your Worship intends admitting evidence of the general character and working of the institution—l ask leave to call general rebutting evidence, >iut with that I am not prepared to-day.— His Worship : You may call such evidence. When plaintiff was giving evidence in the witness-box e did not appear free from lunacy. He should be of perfectly sound mind when giving evidence, and it should be shown that he was of sufficiently sound mind at the time to be awa-e of the offences complained of. I think that this being a Eublic institution and the charge having been eard it is perfectly right and justifiable that those in authority should have an opportunity of showing the institution is properly conducted.—Mr Cook : Then your Worship gives me leave to call rebutting evidence.—Mr Bathgate pointed < ut that already the case had been dragging on for three weeks, though this was only the second day it had been before the Court. Ifc was a matter ot serious inconvenience to have so many of the institution's officials here, and rather than that they should have to come another day he would dispense with the witness's evidence. Ho would not be called for the purpose of showing the .general working of the Institution, but that under certain circumstances it was neclfcsary to use violence to restrain patients. He was, as his Worship had stated, entitled to a nonsuit at the close of plaintiff's case; but defendant did not wish the matter hushed up, and consequently called his witnesses. He would dispense with the witness's evidence. James hume, Superintendent of the Dunedin Lunatic Asylum: Plaintiff was admitted as a patient into the Asylum on October 1">. On November 6, being attracted by a noise in one of the rooms, 1 proceeded there. Warder M'Donald, who was in attendance, told me that plaintiff had ;ii?sjnilted him avid refused to be bathed, plaintiff w;is very excited. On February 21 an assault was committed on "Warder Ross by plaintiff. I proceeded to where plaintiff was, and found that he had set the rules of the, institution at defiance. He was too Yjo>

lent to admit of being put into a strait jacket, and to restrain him I had to put handcuffs on him. They were taken off at night and put in front of him, and were taken off next morning on his promise never to lift his hand with violence a ain, and to control himself. He was furious, and his eyes were staring out of his head. This was the case for the defence, and his Worship said he would defer judgment till Wednesday next, as he wished to refer to the general working of the Asylum.—Mr Cook said that after his Worship's expression of opinion he was willing to accept a nonsuit.—His Worship : I think it is hardly fair, after hearing the defendant's case, to take a nonsuit at this particular crisis. I think if you would allow me to give judgment, aud if you found it adverse you might then ask for *# nonsuit.—Mr Cook : I will, take that course. His Worship : I should certainly like to express my opinion on this case.—Mr Cook : Then your Worship will reserve your judgment.—Hjs,WorsMp: Till this day week.-—The matter then dropped.