3897.
།།།།།།
PUBLIC RECORD OFFICE
سالسا
Reference :-
CO. 885
12 PUBLIC RECORD OFFICE, LONDON
| ALLY WITHOUT PERMISSION OF THE
BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
SIR,
No. 193.
(BERMUDA.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, 12th March 1879.
WE were honoured with your commands signified-in Mr. Meade's letter of the 23rd of December last, stating that he was directed by you to request that we would favour you with our opinion on the following case:-
Annie Campbell, the wife of the bandmaster of Her Majesty's 46th Regiment, now in Bermuda, having been tried before the Colonial Court of Assize for the murder of her infant daughter while suffering from puerperal mania, had been acquitted on the ground of insanity, and was now in custody at the lunatic asylum.
That the Governor of Bermuda, however, was desirous that she should be removed to the Criminal Lunatic Asylum at Broadmoor, both on the ground that there was no place in the Colony suitable for her detention, and also on the ground that, as her husband was in the army, the expense of keeping her should not fall upon the Colony. That you therefore would be glad to be advised whether, under the Acts 39 & 40 Vict. c. 94., and 23 and 24 Vict. c. 75., or otherwise, Annie Campbell could be removed from Bermuda to Broadmoor. Mr. Meade was pleased to add, as possibly affecting the question, that a medical commission appointed by the Governor of Bermuda has reported that the woman was now perfectly sane; but that should she again become a mother she would probably again become insane, and her insanity would probably be accompanied with the same propensities which led her to commit the act for which she was lately tried.
Mr. Meade transmitted two letters from the Home Office and a letter from the Cctober 1874. Commissioners in Lunacy in reference to the above case.
We were also honoured with a letter from Mr. Wingfield dated the 14th of February ultimo, stating that with reference to the letter of the 23rd of December last from the Colonial Department requesting us to favour you with our opinion in the case of Mrs. Annie Campbell, who had been tried before the Court of Assize in Bermuda for the murder of her infant daughter, and acquitted on the ground of insanity, he was directed to transmit to us a copy of a despatch from the Governor of Bermuda on the subject, and to state that you would be glad to receive an early report from us.
In obedience to your commands we have the honour to
Report
That the Bermuda Act must be looked to to see what are the powers under the circumstances stated. That there is no power to transmit a person found insane upon trial to England for the purpose of confinement in any lunatic asylum in England. That the 2nd and 5th sections of the Bermuda Act apply to the case of a person indicted and found insane, and the 5th section gives a right to have the question of the detained person's sanity determined by a jury. But we submit for your consideration whether, in view of the somewhat serious nature of the precedent which would be set if Mrs. Campbell were set at liberty under the 5th section, it would not be better to induce her husband to take charge of her under the 3rd section.
>
The Right Hon.
Sir Michael Hicks Beach, Bart., M.P.,
&c.
&o.
&c.
We have, &c., (Signed)
JOHN HOLKER. HARDINGE S. GIFFARD.
28
19 Novom ber 1878,
No. 10.
29 January 1979.
35-13/04.
A 18016.-994. 25.