THE WAINUIOMATA CASE.

New Zealand Times, Volume XXXIII, Issue 5516, 30 November 1878, Page 3

THE WAINUIOMATA CASE.

I’BIDAY, NOVJQIBEK 20. (Before T. A. Mansford, Esq,, R.M.) George Woods was summoned for that ho, being the owner of a private house, did detain as a lunatic his sister, Emma Woods, for a period of three months after the malady had become apparent and confirmed and bad become such as to require coercion and restraint towards the said Emma Woods, and did not intimate such detention to the Colonial Secretary. Mr. Stafford, Assistant Law Officer of the Crown, appeared for the prosecution, and the Hon. Mr. Buckley for the defence. Mr. Stafford said that the Government were anxious to give as much publicity as possible to the 60th section of the Lunacy Act. It was a very important section. The object of tho Act was to meet the cases of persons who it sometimes happened were detained unjustly in private houses. Information was therefore necessary to bo given to the Colonial Secretary, so that ho might ascertain whether a person so detained was really a lunatic, and if so if ho or she was properly cared for. Mr. Hugh Pollen, on being sworn, deposed

that he was chief clerk in the Colonial Secretary’s office. Ho had searched the records and could find no entry of notice of the detention of Emma Woods having been sent to tho office. Henry William Diver, «n being sworn, deposed that ho was a duly _ qualified medical practitioner, residing in Wellington. Ho had been requested to examine the alleged lunatic, Emma Woods. She was unable to understand any question put to her. Ho noticed some disease of the jawbone, and when he attempted to examine it closely she flow at him ns only an iusauo person would do. Sho appeared fairly nourished. From his examination ho wonld say sho was an idiot and a lunatic.

Cress-examined by Mr. Buckley : Ho examined her arms, but did not see any marks of violence. Ho could not account for tho state of the jaw. He did not think It arose from natural causes. It might have arisen from a blow or a fracture. It was evidently of long standing. Witness had had considerable experience in lunacy cases. Ho was a member of tho Commission appointed by the Government to enquire into tho stato of tho Wellington Asylum. As far as he could remember the report was not very favorable. Lunatics were better with their relations if they could get proper attendance. Ho oonsideredit was prejudicial to lunatics to associate them with others worse than themselves. Ho could not toll whether tho violence shown to him by Emma Woods was duo to her having been taken away from her friends. Re-examined : A lunatic might be sane upon some points, but an idiot was not sane upon any point. Ho believed Emma Woods was a born idiot. He considered that sho would have been bettor off in tho asylum than in a room lift, long, 6ft, wide, and 9ft. high. He kuew that lunatics were sometimes favorably and sometimes unfavorably affected by being sent to an asylum. Duncan Sinclair deposed that he had resided in Wainuiomata for a very long time. He had known defendant and his family since 1861. Emma Woed was about 10 years old when he first know her. She then appeared a little weak in tho head, but nothing to speak of. He knew that her brother had kept her os a person of unsound mind. As far as ho was aware, she had been treated with the utmost kindness. About every three weeks she suffered from epileptic fits, and on those occasions she was violent and had to bo restrained. These fits had only come on daring the last eight years. During this period she had been gradually getting worse, and losing her speech and memory. The family, from experience, knew when these fits were coming on, and to prevent her from doing any harm looked her up in a room some 6ft. x lift. The door was closed. She was only kept in this room for an hour or two at a time. Since the death of her mother this room had been her bedroom. She was properly clad and kept perfectly clean. Her brother’s conduct was of the mildest nature when sho was in the fits of violence. Have never esen her abused or struck. He was not aware that there was anything the matter with her jaw. Sho might have dono it in Cne of her fits of violence by falling against a chair. Sho spent a great deal of her time sitting on the verandah.

By Mr. Buckley : The accommodation of Woods’ house is not inferior to any other house. Woods was always very kind to his sister. When her mother died she requested that her son George should look after the girl. This George said he would do. Re-examined by Mr. Stafford : He did not know that the woman had any property. He believed she had a share in some property with the remaining members of the family. He did not know this of his own knowledge, but merely from rumor. He then explained to the Bench that Woods and his six sisters had been left 100 acres of land. Five of the sisters had signed an agreement handing over their portion of the land to their brother. The remaining daughter (the lunatic) was the only sister left. The others were married, and some were dead. From what he knew of Woods’ disposition he wonld say that h« never whipped his sister. He considered a commode a necessary article in the girl’s room. Sergeant Smith, on being sworn, deposed that he inspected the room in which Emma Woods had been confined.' He received instructions from Inspector Atchison to serve a summons on George Woods. He served it on the 26th. He gave Woods the usual caution. He said he had nothing to hide in the matter, and asked witness to have something to eat. Ho then spoke about his sister’s affliction, stating that at certain times she became very violent, on which occasion he always put her in the room kept for that purpose. The room was measured, and found to be lift, long by 6ft. wide and Oft. high. Woods explained that his

wife was a very nervous woman, and that he generally put his sister in her room when he wont away from home. Tho door was fastened by means of a wooden holt on the ontsidc. The windows were nailed over with pieces of wood, because his sister used to break the glass and reach outside and undo the holt. Woods said tho room was built expressly for tho purpose of keeping his sister in. By Mr. Buckley: He would rather be confined in Mr. Woods’ room than in the lock-up at the back of the Court. He tried to get evidence of Mr. Woods’ cruelty, but could not. All the neighbours spoke most kindly of him. This closed the case for the prosecution. His Worship intimated that this was a case which he should not deal with himself. Mr. Buckley observed that the object of the prosecution appeared to he simply to give publicity to this section, which was not to he fonnd in the English Act, but was taken from the Scotch Act, If he could show that the conduct of the defendant towards this poor creature had been most humane and kind, perhaps tho object of the proceedings having been served, the matter weuid not bo carried any farther. Mr. Stafford, in reply, asked his Worship to take the evidence referred to by Mr. Buckley, leaving the prosecution thereupon to take what steps they might deem advisable. Defendant having been duly cautioned, tho evidence for the defence was then proceeded with.

J. G. F. Willford deposed that he was a I duly qualified medical practitioner. He knew ] Emma Woods and also the defendant. Ho had ' known tho family for thirteen years, and of 1 course knew that Emma Woods was an idiot. He had often been at the house, and on every occasion he had visited he had seen her. - She I was always at liberty. She was most kindly treated. Ho considered that she was better treated there than she would have been had > she been at the Lunatic Asylum in Wellington. Never heard a whisper of her being treated unkindly. By Mr. Stafford : He was not aware of the clause in the Act under which tho present information had been laid. Tho Act was then read. Witness wished to know if he was responsible for all the lunatics In his district, and whether he had to send them all to the Lunatic Asylum. Thomas Mason deposed that ho was chairman of the Hutt County Council. He had known tho Woods family since 1852. The girl Emma Woods was always very kindly looked after by the members of tho family. George Woods, the defendant, was particularly kind to her. When Mrs. Woods died she said

that she was quite sure Emma would bo well cared for by her son George. No man could possibly have treated her more kindly. By Mr. Stafford : Could not say when ho last saw Emma. It would probably be about three years since. The Rev. W. G. Thomas deposed that ho had known tho Woods family for over two years, and during that time had never known or heard of any unkindness of George Woods towards his sister. By Mr. Stafford : Ho was aware that Emma Woods was subject to epileptic fits. He had never seen her in tho room spoken of. Ho several times had seen her away from the house. Sir William Eitzhorhcrt, M.D., being sworn, deposed that ho had known tho family of Woods ever since they had been in tho colony. Ho had frequently on his visits scon Miss Woods at her brother’s place. She always seemed comfortable and happy in her way. She was a person of weak intellect, in his opinion as a medical man. She was a person of irritable temperament, and required kind and attentive treatment, surrounded by her friends and connections; remove her from those and ho would not answer what the consequences would bo. Ho believed that a person of her temperament would bo driven to lunacy if she was taken away from homo associations and confined in an asylum. Ho never know of anything but uniform kindness on tho part of tho brother. He had constant opportunities to see them. Ho had reason to believe that her mother’s dying injunction to her son was that ho should never allow her to ho taken from him. Ho had ample opportunities, both in Paris and London, of inspecting cases of this kind. Ho never received a fee in Now Zealand, though ho had had ample opportunities of bo doing. By Mr. Stafford: In his opinion Miss Woods was capable o£ managing her own affairs so long as she was with her friends. Ho did not consider hoc n lunatic.

J. Grace, J.P., residing at Wainuioraats, deposed as follows :—He had known the Woods family for ever twenty years. Ho knew Emma Woods very well. He had always seen the greatest kindness shown towards the girl. She was always clean and well dressed. Woods himself was a very quiet man, and also very much respected. By Mr, Stafford : Ho was not aware whether or not that Miss Woods had been restrained. Ho know nothing about the room in question. Mr. Buckley said that ho would call no further evidence. He would merely say that he considered quit© sufficient publicity had been given to the circumstances connected with the case. It had been Satisfactorily shown what the conduct of tho defendant had been towards his sister. Ho thought it was a monstrous thing that such a law was in existence as that a man’s carrying out the dying wishes of a pious and devoted mother should come under the four comers of_ an Act of Parliament —an Act which, he maintained, was never intended for oases if this kind. He submitted, under tho circumstances, as there had been very conflicting testimony in regard to tho woman's lunacy, that the charge should be withdrawn. Ho did not think, it was a caso in which his Worship should commit the defendant for trial, and hoped the Crown wonld withdraw the charge. Mr. Stafford thought there was quite sufficient evidence to show that a broach of the 60th section had taken place. The evidence of the witnesses, though perhaps not strictly legal, was quite enough to show the character of tho defendant, and he therefore thought it would be unwiso to proceed further in the caso. At the same time, he would again point out that a broach of tho law had been committed. He was of opinion that the circumstances connected with the case were quite sufficient to show the public that such a law was in existence. It was the first time that such a charge had been laid under the 50th section of the Act in the colony, and he would therefore with his Worship’s consent withdraw the information.

His Worship, in delivering judgment, said this inquiry was instituted amongst other things to give publicity to the 50th section of the Lunatics Act, 1868, and to give the accused the opportunity if possible of showing that his treatment of the lunatic was not of that cruel nature that the public were led to believe. The information did not charge the defendant with cruelty to the lunatic, but with neglecting to intimate to the Colonial Secretary the fact that the lunatic had been detained in a private house beyond the period of three months after the malady had become apparent and confirmed and required during any part of such period coercion or restraint. There was no doubt whatever that a breach of the law had been committed, but whether any farther good results than those already obtained would be gained by committing the accused for trial was problemotioal. The Crown having withdrawn the information, the accused would be discharged.