SUPREME COURT.

Globe, Volume VIII, Issue 862, 29 March 1877, Page 3

SUPREME COURT.

SPECIAL SITTING. Wednesday, March 28. (Befovo Hid Honor Mr Justice Johnston and a Special Juiy.) The Court, under the Lunatics' Act, held a special sitting yesterday at 10 a.m, to determine the sanity or otherwise of Arthur Gray, an alleged lunatic, now in the Sunnyside Asylum. Mr Garrick appeared on behalf of the brothers of the alleged lunatic, who had filed a petition for the reference to the Court of this matter. Mr Wynn Williams appeared for the alleged lunatic. The Begistrar read the order of reference to the special sitting on the petition of the brothers of the alleged lunatic, for an enquiry as to his sanity.or otherwise. His Honor enquired whether the learned counsel engaged had any suggestion to make as to the number of the jury to be sworn to try the cause. Mr Garrick said that Mr Williams and himself had agreed to fifteen being sworn. His HoDor said as this was the first ca?e of the kind it was necessary to go with great caution in the matter, and therefore a formal order to the effect that the trial should be by fifteen would be made. The following gentlemen were then sworn f\s the jury :—Messrs J. D. Macpherson, P. Cunningham, W. W. Cobb, T. Pavitt, W. Kennaway, Charles Malthus, G. J. Leach, Oharles D'Auvergne, Charles Flockton, J. Townsend, B Pavitt, G. W. Hall, J. Inglie, J, Rowe, and H. S. Smith. Mr J. D. Macpherson was chosen foreman of the jury. His Honor said this was an unusual case, and what the jury had to do was to decide whether the petitioners had made out that the alleged lunatic was unable to manage his affairs. This duty the law had thrown on the jury, and of course the evidence of scientific witnesses would be of great value. There was no precedent for the conduct of the case, but the proceedings, he took it, would be analagoua to the suit of de lunatico inqnirendo, or a reference to a master in lunacy at home. The alleged lunatic would be examined by the counsel, the Court, and the jury. Of course it would be put to the alleged lunatic as to whether he had any wish as to the proceedings. Mr Garrick said that in the books it was laid down that the alleged lunatic should be taken before the jury in private. His Honor said that the later authorities laid it down that, at the discretion of the Court, the examination might take place in open Court or in private. Mr Williams said that he had an authority which laid it down that the judge, jury, and alleged lunatic should retire to a private room, with no other person present, before the enquiry, and that an examination should there be held.

His Honor could not understand why this should be done. There did not appear to bo any reason for it. Mr Williams thought that it was done for the purpose of enabling the jury and judge to see the lunatic under different phases. He might say that the alleged luuatic would prefer the course which he (Mr Williams) had indicated, being followed. His Honor, the jury, and the alleged lunatic then proceeded to the library, and an examination was held.

At its conclusion, on the return of his Honor and the jury into Court, Mr Garrick very briefly opened the case, and called the following evidence : Edward William Seager—l am keeper of the Sunnyside Lunatic Asylum. Mr W. A. Gray, now before the Court, was committed to my charge as a lunatic in September, 1876. I produce the warrant, signed by two Justices of the Peace, and the certificates of two medical men attached thereto. | Read.J Mr Gray has been in the Asylum until now, and is still under my care. I have taken notice of his habits during that time. He is of very fidgetty habits, and constantly asking me to irquire for a certain person named Pawson, and asking me to find him out. 1 do not know for what reason he desires me to do this. He continually wrices to the Judge of the Court, Commisaoner ol Police, and others. He seems to have an idea that Mr Pawson is a medium acting between him by an electric telegraph to Heaven, and aIBO that Mr Pawson is enabled to communicate with the ship Rangitikei as a spiritualistic medium. This vessel left for England some four weeks ago. After the ship had left a week Mr Gray summoned his medium, and communicated through him with young Mr Hamilton on board the ship, and the latter told him, through the medium, that he was very seasick, and was just then going to dinner. He has repeatedly told me that Pawson was constantly annoying him by cutting the air between him and the person who was speaking to him, and that he was constantly whispering through the air to him. From what I have seen of Mr Gray, I am of opiuion that he has got worse since he has been under my care. He labors under new delusions. He told me this morning that the Greeks had something to do with Pawson. Latterly he has also become very restless at night, as he alleges, on account of the spirits and electricity. I have made lunacy a study for the last twenty-sis or twenty-seven years, and have had care of lunatics for eighteen years. Prom my experience I think it probable that Mr Gray will become worse, in spite of any curative treatment. He has never expressed any anxiety about his business since he has been with me. Ido not think he would be competent to conduct his affairs advantageously from mental disease, and his brain being occupied with mental delusions. He is not what is termed a dangerous lunatic, but one requiring special care and attention. There are no rules enabling me to enforce work from the patients, where the exercise would be conducive to their health, but I hold out inducements by giving little rewards for them to do so. Mr Gray prefers to lay on his back and hold converse with Mr Pawson. He does not take any interest in reading though there is a capital library, nor will he attend the periodical entertainments, sports, or public worship. His whole soul appcarß to be wrapped up in Pawson. Examined by Mr Williams —I have never, bo far aB I lecollect, asked Mr Gray questionb on tbo ordinary business of life, iu order to tcf«t his sanity ou this point. He has always said that he is not insane. By the Court—l find that persons who have delusions get their intellect generally deranged ; they concentrate the whole power of their mind on this, and put other things on one side. I have noticed that Mr Gray baa had fretfo delusions lately,

W. BrowniDg Tosswill, examined by Mr Garrick—l know Mr Gray ; he was my neighbor for ten or eleven years. Ho was always eccentric, and some six or seven years ago he got a delusion that some persons were whispering about him in the river bed. He was always most liberal in giving towards Ohurch purposes, He waß perfectly clear and businesslike on other matters, even when he was under the delusion referred to, I remember a case in which he gave a subscription under certain conditions which he made perfectly clear. I recollect him speaking to me about three years ago in the train about a man I think, named Pawson, who he said was whispering about him. I felt it my duty to speak to his brothers about him, and told Mr H. P. Gray that I did not think that Mr W. A. Gray should be left alone. By the Jury—l never saw Mr Gray intoxicated ; I have heard rumours about his locking himself up and drinking heavily. John William Smith Coward—lam coroner nnd medical officer of the Sunnyside Asylum, I have had Mr Gray under my charge since September last. I found that he was a monomaniac on the subject of a man named Pawson. He required very little medical treatment for his general health. He spoke frequently of this man, and had the idea that this man Pawson communicated with him by means of mesmerifim. He continued in the same state until this inquiry was instituted, when he became more than ever under the influence of the delusion I have referred to. I don't think the delusion would prevent him carrying on a farm in a small way, though he would be a nuisance. I see no reason to think that there would be any danger to himself or others if he were allowed at large. I think the delusion he labors under is a harmless one.

By a Jiuor —I have no reason to think from my medical examination that Mr Gray was addicted to drink.

James Somerville Tumhull—l was one of the medical men examining Mr Gray before the justices. I have made lunacy a portion of my general study. I knew Mr Gray professionally for some two years. His physical health was always good, but every conversation we have had together has had refereuce to the influence he supposed a person of the name of Pawson had over him. He said this person was with him always. T advised him to go somewhere so that he might be placed und?r proper care, and he became very passionate'. I pointed out to him that if he persisted in this delusion he would not be allowed to be at large much longer, as this was bordering on insanity. Twice or thrice I saw that he was under the influence of stimulants, but the delusion I have referred to did notarise from habits of intemperance. The delusion became much stronger during the two years I knew him, and it took a wider range. His Honor pointed out that the enquiry they had met to conduct that day was as to the present condition of Mr Gray, and not what he wa3 some time back.

Mr Garrick said that they would then carry down the analogy as to the state of mind he was in.

Dr Turnbull—There was nothing to prevent the person he said was whispering to him, putting evil thoughts into his head, and he might then have done harm to himself or others. I consider most certainly that the disease ma ie progress. In reference to his capacity to transact the ordinary business of life, I may say that I sent him in an account for £5 5s for medical attendance. He came in and gave mc ss, saying that he had only consulted me medically once, and that was sufficient for it. This was so near the truth that I could hardly think there was much insanity in it, From what I have seen and heard, I should doubt his being able successfully to carry out his business. I really don't think it would be safe to let a man laboring under such powerful delusions go at large. One does not know whsn it might assume a dangerous phase. I have no information either from Mr Gray or others upon which I can base an opinion as to the cause of the delusions, but I have formed my own opinion on the subject Llewellyn Powell—l was one of the examining medical men on the committal of Mr Arthur Gray. He was suffering under a deep-rooted delusion, believing himself to be I under the influence of a person named Pawaon, who, he said, talked to him night and j day, and suggested many idsas to him. He had also a delusion that the grandfather of this Pawßon—aa Admiral—had mesmerised the army at the battle of Copenhagen. There are some persons who believe in mesmerism, but Mr Gray said he heard a voice speaking to him. In ordinary business Mr Gray might act with a fair amount qf rationality; but I should not be surprised at any rash act he might commit. From what I have seen of Mr Gray, and what I have heard, I should say the delusion was one which is likely to increase, and not to get better. Examined by Mr Williams—l do not agree with Dr Coward, that it would be safe to let Mr Gray at liberty. I am not prepared to say that he might not go on for years managing his affairs properly, but 1 should not be surprised at any moment his doing some rash or foolish action. I say that he is unfit to be at large without supervision. In more or less degree this applies to all persons laboring under delusions. Ernest Gray—l am brother of Mr W. A. Gray. In 1860 my attention was called to a change in the mental condition of my brother by a letter from Bishop Harper. About August or September of the year in which he was committed, I received a letter from him asking me, as a member of the Assembly, to rid him of the persecutor or persecutors, or he should apply to his Excellency the Governor. Representations were made to my brother Henry ;by Mr Rolleston and others as to the nuisance caused by W. A. Gray to others. I think a very good idea of his being unable to conduct his affairs may be gathered from the f ict that he has spent his money foolishly by consulting innumerable lawyers. I think any one who spends his money consulting lawyers as to imaginary personages can hardly be considered sane. William Rolleston—l am late Superintendent of the late province. I know Mr W. A. Gray ; the last interview X had with him was, I think, in June, 1875. I judged from letters he wrote to me, and conversations that I had with him, that he was not what is ordinarily called of sound mind. He requested me, as Superintendent, to take stops to stop the persecution of him by a person named Pawson.

Leonard Harper—l know Mr W. A. Gray, and have done so lor some years. Ever since I first knew him he has been suffering under delusions. Ten years ago he came to me to see if I could relieve him, as he whs under the impression that he was persecuted by two brothers of mine who were iu England at the time, whispering to him and

otherwise annoying him. I promised to write to them, and he then left me, After this I c-aw him, and he still persisted in the delusion for some time, until he changed his complaint, and he said tha he was annoyed by a person named Paweo>). It seemed to me that the delusion increased during the past three years, and he would wait for a whole day in my office to consult me upon the subject. Latterly the delusion seemed to me to assume a more formidable shape, and I saw signs of temper when I endeavoured to combat his delusion. I always regarded him as strict and punctual in money matters and business.

Frederick Carteret de Malet—For some years I was clerk to the Bench at Christchurch. I have known Mr W. A. Gray for some eight years. He frequently made complaints to me as clerk to the magistrate that he was followed by one Pawson. He would constantly come to the Court, and hang about there for whole days. Harry Feast—l am inspector of detective police. I know Mr W, &.. Gray, and have known him for some years. I have had frequent occasion to hold interviews with him as to a delusion which existed in his mind as to persons whispering about him. He told me he wanted me to keep a watch to see if I could catch them. Latterly he has been in the habit of coming to my office, sometimes as much as three or four times a day. He told me he was troubled with noises coming through the air by meanß of electricity. He was also in the habit of coming to my house and remaining there for hours. Latterly I had to use force to get him away, as after I had shut the door he burst it open. I then told his brother that I thought it was time he was locked up. I consider the delusion has got very much worse. This closed Mr Garrick's evidence. The following letters were read by the Registrar : " Christchurch, Jany the 11th, 1875. " Mr Commissioner—l was speaking to Mr Duncan this morning asking him to write to the Police in Hawks Bay. But He does not know the Name of the Commissioners Mr Buckley tells me you would. " Would you be good enough to write To Him & tell Him there were a party by the name of Powson went to Auckland from Canterbury in the years 56 or 59, a Boy, a girl, & a Mother in law. The Boy is descendend from admiral Powson. He understands all kinds of Tricks. He is opening the air all day long &c effecting people in this Province k keeps up day & night wispering, and is not at all particular in what he does or says & goes on in a shocking way; '• Something Horrifeing the way he acts. Ho appears mad, Has no feeling at all. He sears people throats, & compresses the air upon them <Sc His mind appears so upon that he is scarcely by of day or night a Mes merist. Has a very strong will , & He appears to be trying to will a person to do things, & he can put feeling in to a person the last three nights he has gone on in a shocking way—persecuting people, etc, nakedness —drawing people together & He can open peoples clothts and view the Bodies. He went to live on in proclaimed terribly—about twenty years ago—near Hawkea Bay, & served the Moaries with Butter & Milk. He effects peoples Breath & almost kills people. He should be put in to a Lunatic Asylum. " Yours truly, "W. A. Gray." « Sir, —Could you call the attention of the Government to a peison by the name of Pawaon, who was at the Caversham Hotel some years ago. When a boy, Mr Bickerton, at Bath, wanted him to join in getting up a company to practise tricks in legerdemain and magic and spiritualism. He was at the Caversham Hotel with a Mr Wm Scott, and when there Mr Scott said he was cutting the air with his voice and imbibing air and compressing air. It is done by imagination I believe, and what is called mesmerism or magnetism. How far his practising has reached I do not know, but his voice io heard everywhere. Dr Carr and Mr Thomson, in Cafjhel street, were passengers I believe. They are a Bath party. They went to Auckland the Pawson party, and when there Mr Bickerton was sent for to come down from Canterbury. They were at Sir George Grey's I believe. They settled upon unproclaimed territory in Auckland. He keep up night and day, and his voice is heard everywhere. He mesmerises and keep up for a time, and after he gets tired drops, and after he gets tired drops and causes persons to become drowsy, and causes a death-like swoon to come over a person. I shall be qbliged if you will make thiß known. "Yours, sir, truly, " W. A. Gray. " The Editor Press, Christchurch." Mr Williams did not call any rebutting evidence.

Mr Garrick then addressed the jury. Mr Williams having briefly replied, Hia Honor summed up the case most exhaustively, commenting upon the evidence given in the case. After this the jury retired to examine the alleged lunatic. His Honor said the question arose whether the jury should find the whole of the issue submitted to them. It seemed to him that unless both points in the issue—viz, that the alleged lunatic was insane, and hlso inca. pable of managing his affairs, were decided in the affirmative, the requirements of the Act had not been complied with. He had thought it as well to submit the matter to counsel. Mr Garrick said he had considered the matter, and was satisfied that both points must be found in the affirmative to comply with the requirements of the Act. After an absence of about hal|-an-hour, the jury returned into Court with an affirmative verdict on both counts that the alleged lunatic w,ag insane and incapable of managing his affairs. The B'oreruan—rYouE Honor, we should like to add a rider to our verdict | to. the following effect : The jury are unanimously of opinion that the lunatic ought not to be kept in a public asylum, and that something should at once be done to remove him from the scene of hia delusion with a view to his recovery from it. Verdict—That Wm Arthur is of unsound mind, and incapftb'e of managing bin itfEaira. DEFAULTING JURORS. Messrs Armson and E. G. Griffith were fined £5 each for non-attendance, unless cans*! be shewn during the approaching sitting of the Supreme Court. Mr Arnwm at a later stage shewed cause, and the fine was remitted, Tho Court then rose.