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I.—IB.

2

[B. M. BEATTIE.

10. Is it possible that conditions existed on their examination of him that had ceased to exist when you examined him?—lt is possible, for the reason that when they examined him he had just come out of hospital after the operation, and was probably a little depressed, and emotional, and perhaps excitable. 11. Do you think if that was the case that the change from emotional and excitable to normal could have taken place in those few hours?—l think it is possible, but I would not like to say it is probable. 12. Would you say, after his release from the hospital, when he was emotional and excitable, that any amount of emotion and excitement could produce signs of epilepsy?— No. 13. I think you said that only one of the doctors stated there was epilepsy?— That is so. [Note. —The certificates show that both doctors certified to epilepsy—Dr. Craig's in the body of the certificate, and Dr. Galligan's on the second page.] 14. Did the two doctors examine him together?—lt does not state in the certificates. 15. When Johnston was under your protection were there any abnormal signs about him at all? —I saw no abnormal sign from the day of my first examination of him until my last—that is to say, from the 15th December until the 3rd January. 16. Nearly three weeks? —Yes. 17. I conclude, then, that in your own mind you are satisfied he was committed on certificates that should not have been given : that is your opinion?— Yes, to a large extent; but I have had a great deal of experience in cases of this kind, and I think that when medical men are brought to a case of the kind and find a man emotional and excitable, as they state Johnston was —and they had some reason, evidently, for coming to the conclusion that he was epileptic—and knowing the previous history, they were justified in taking some action. It may not have been justifiable to send him to a mental hospital, but I think they were justified in placing him under observation until he became in their opinion normal. 18. Do you think that as a result of your general experience or as a result of your observation of this particular case? —It is from my general experience, not from my observation of this particular case. 19. You saw nothing unusual about Johnston when he came to you the next day?— No. 20. Did you make an immediate examination of him?—lt would probably be the next day. I would not be certain. 21. Was there any other medical man with you? —No. He was examined by Dr. Will, my assistant, the day he was admitted, and I have Dr. Will's evidence here. 22. Will you let us know what that is?—lt is from my case-book. Ihis is with regard to Johnston's mental condition : "He does not display much excitement, and talks quietly and calmly, although he requires a good deal of persuasion to say much about himself. He was born in Tasmania, and came to New Zealand at an early age, and has since worked at any general labouring work he could get. He was married eleven years ago, and has seven children. He has always been hard up, and sometimes almost destitute. Last Easter he got tired of always being in poverty and his wife having to struggle to keep things going, and decided that in her own interests it would be better if her life ended, and determined that he would be doing her a good turn if he shot her. This he attempted to do, but she moved and spoilt his aim, and he only wounded her. Later he took a prominent part in the strike trouble and was shot in the leg. He says that when under chloroform he talked and gave away the fact that he had attempted to shoot his wife, and as a result of that he was taken charge of by the police. He says that he is quite willing to stand his trial before the Magistrate, and would much prefer that to being here, as once discharged the fact of his having been here would always be held up against him. With regard to his being hypnotized by his stepfather, he says that this man is a bad man, but exercised some influence over him so that he imagined he liked him and withdrew his opposition to the marriage." The position is that his stepfather wanted to get married a second time, and Johnston was very much opposed to the second marriage, but the stepfather was a very strong man apparently, and exercised considerable influence over him. . " The marriage turned out very badly. The patient is-disinclined to talk much about himself, saying that he prefers to say what he has to say in front of a Magistrate. His education is obviously deficent. His memory is good. He is correctly orientated " —that means, knows his position in time and space. "He denied ever having had fits or fainting attacks, and no evidence of anything pointing towards epilepsy could be obtained." That is dated the 16th December. Then on the 28th December : " Since his admission he has shown no signs of epilepsy, either major or minor. He has been interviewed by Mr. Lundon, solicitor, of Auckland, acting on behalf of his wife. In the absence of satisfactory evidence to corroborate his statement it is difficult to arrive at a correct estimate of his sanity or otherwise." Then, on the sth January: "Yesterday morning (4th) this patient was working stooking oats in charge of Attendant King. The attendant turned away to get some flax for binding, and Johnston disappeared. The next paddock " —not belonging to vs —" contains a lot of tall gorse which would afford an excellent hiding-place. A thorough search was at once made and the police were informed, but so far no trace has been discovered." The next is really an opinion of Dr. Will's : "It is thought that Johnston knew it was intended to discharge him, and, fearing arrest by the police on the charge of shooting, has escaped either with the view of committing suicide or getting out of the country." That is an opinion which subsequent events proved there was nothing in. " There is always the danger that he may attempt again to harm his wife." That is also an opinion. "On February 14 he gave himself up at Waihi and returned to Auckland under police escort, it having been arranged by Dr. Beattie, through Mr. Lundon, that this could be done, and then Johnston released on probation, to be discharged on production of statements by two medical men certifying as to

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