I.—IB.

10

[R. M. BEATTIE.

116. And it might be dangerous if that procedure were departed from?—lt would be wrong if that procedure was departed from. It might lead to collusion and corruption. 117. So when you replied to Commissioner Cullen that the police could not be held to blame in any way if they went about it in a proper way, it all hinges on that—as to whether they went about it in a proper way ? —Yes. 118. Now, in regard to the question of professional etiquette about revealing anything that may be said by a patient when under anaesthetics, even although the law only extends the privilege in regard to civil matters, you regard it as a matter of professional etiquette to reveal nothing? —I have revealed nothing except when compelled to by the Supreme Court. 119. You would not think it right to make a voluntary statement? —No. 120. And that would apply to nurses? —It ought to, certainly. 121. You have seen Johnston's statement as given in the police report, and I think the question was put to you that if a man would go voluntarily and make a statement like that it was evidence of an unbalanced mind?—lt was evidence that the man was under great mental stress. 112. Would that stress be accounted for by the statement he made—" I am sure others knowabout the secret —the doctors will know and I have come to give myself up "I —That was possible. 123. It was well known what he had said under the influence of an anaesthetic? —Yes. 124. And it was that which was producing the state of worry and depression at the time? —Yes, and the surrounding circumstances as well. He said to me, " Now I have got to account for the position up here. I will be put into a gaol or mental hospital, and what will happen to my wife and family? " 125. There has been a good deal of evidence led in regard to the question of the man's condition, and the probability of the recurrence of homicidal tendencies, and so on. I understand you take up the position that the police are not responsible for anything in the certificates?— Yes. 126. Their responsibility entirely rests on the method by which they went about getting the certificates? —That is so. 127. Now, it has been said if the police adopted the method of quietly enticing him to the police-station on the pretext of getting his witnesses's expenses that that was a quieter way of getting him there than if they had arrested him openly with the avowed intention of committing him as a mental defective. If this man knew there was certain money due to him as expenses in connection with his giving evidence in Court, and that he was told to go on a certain date and get his expenses, and voluntarily went to the station for that purpose, and found while there that he was detained and that the intention was to commit him to a mental hospital, that would produce the condition of mind in which you found him the following day, the 15th December, at Avondale? —I think it would on me, at any rate. 128. In fact, if it had not produced that condition it might be evidence of insanity?—l would not say that. 129. It would tend to produce that condition of mind? —Yes, at any rate, on a man who had a history like Johnston. 130. If a man makes statements which contain no internal evidence of insanity, would that very fact not lead the police to take statements in regard to other happenings with a great deal of care : in other words, would it not make them suspect the reliabiliy of the statements?— Certainly, it ought to do so. 131. Therefore, if they committed a man on the assumption that he attempted his wife's life and the other statements as related in this report, the truth of them should have been examined before the committal was made? —That is really a matter of opinion. Different men have different methods of dealing with cases. 132. Supposing that this man had this history and was of such unbalanced mind, would the police have been justified in accepting his evidence in a Court of law forty-eight hours prior to his committal? —I do not think so. That is a matter of opinion, again. Commissioner Cullen: The police do not accept the evidence : the presiding Justice or Magistrate does. 133. Mr. Robertson.] Would the police, knowing these facts, have been justified in subpoenaing him as a witness in the Court?—lf they knew these things prior to the examination I think they ought not to have done so. 134. He made this statement to the police on the 2nd December, and he was a witness in Court on the 12th December—ten days afterwards. He was subpoenaed by the police. In your opinion that would be highly improper had they attached importance to this statement? They might have had the man examined by a doctor before he went into the witness-box. 135. If there was any question he should have been examined? —That is my opinion. 136. Mr. Payne.] The police evidently did not follow the regular course in having this man committed. I understand they got the certificates made out first and then made their application afterwards? —I have no knowledge that they did so, but if they did so it was irregular. 137. It says in the Act that the application must be made to a Magistrate. Would it be in order to make application to a Justice? —Yes. if there was not a Magistrate within ten miles. 138. Mr. Dickson.] You were asked whether you had had any cases discharged from the mental hospital as sane who were subsequently proved to be insane?— Yes. 139. I think you had a case that you discharged from the mental hospital—a man at Helensville or Dargaville—who, the day after he arrived back home, rushed out and killed some one with an axe?— That is so. 140. And then he committed suicide? —No, he did not commit suicide. 141. That was a case that I was referring to?— That was an alcoholic case. He was out for at least three weeks, and was drinking during the whole of that time.