DR. CAMERONasked the Secretary of State for the Home Department, Whether he is aware that Thomas Harrison, an escaped inmate of Cheadle Lunatic Asylum, Manchester, has made his way to Glasgow with a view to having his mental condition publicly investigated under the safeguards afforded by Scotch Law; whether it is true that, in 1882, Harrison escaped from the same asylum, and, reaching Scotland, brought his case before the Sheriff Court of Lanarkshire; and that, while the case was pending, two attempts were made to seize Harrison, and carry him back to Cheadle; whether the first attempt was frustrated through the intervention of the judge before whom Harrison's case had to be brought; and whether, in spite of this warning, Harrison was a few days later (on June 15th 1882) kidnapped in Glasgow, and carried out of Scotland in defiance of Scotch Law; whether he is aware that, in 1882, the authorities declined to prosecute Harrison's abductors, on the ground that reports from Cheadle after his recapture showed him to be a lunatic; whether he is aware that, on the present occasion, certificates of Harrison's sanity signed by four medical practitioners, and all dated within a month past, have been sent up to the Lord Chancellor; and, whether, as Minister for Scotland, he can give any assurance that Harrison will be protected against any repetition of the attempts made with impunity in 1882 to abduct him from Scotland in defiance of Scotch Law?
THE LORD ADVOCATE (Mr. J. B. BALFOUR)I have been asked by my right hon. and learned Friend to answer this Question. We are informed by the 1713 Superintendent of the Manchester Royal Lunatic Hospital, from which Mr. Harrison has escaped, that he is now in Glasgow. We have, of course, no means of information as to his object in going there. The facts with respect to Mr. Harrison's escape and recapture in 1882 are, I believe, correctly stated in the Question. Mr. Harrison appears to have been recaptured by some artifice or deceit after the legal period for reclaiming the custody of his person as an escaped lunatic had expired, and after proceedings taken before a magistrate with that object had failed. I am of opinion that his recapture at that time was not legal nor justifiable by the law of Scotland. With reference to the communication made to the Lord Chancellor, I am informed by his Lordship that if Mr. Harrison is a Chancery lunatic, which, according to our information, he is, any application as to his residence or otherwise must be made to the Lords Justices sitting in Lunacy, and cannot be dealt with extra-judicially by the Lord Chancellor. If Mr. Harrison is in Scotland, he will have the same protection as any other citizen, and if his liberty is invaded, he will have the same legal remedies.
THE LORD ADVOCATE (Mr. J. B. BALFOUR)As I have already stated, according to our information, Harrison was recaptured by something that looked like artifice or deceit. Of course, if he is a sane man, as the Question implies, he will know how to take care of himself.
DR. CAMERONWhat I say is, that he was taken out of Scotland illegally and locked up, and how can he possibly have any remedy after he is locked up?
THE LORD ADVOCATE (Mr. J. B. BALFOUR)Of course, after the man is brought across the Border, his remedy must be had in England.
DR. CAMERONI beg to give Notice that I shall ask, on a future occasion, Whether it is not the fact that the Judge before whom he was brought wrote to the Lord Chancellor specially protesting in the matter; and I shall ask why his abductors were not prosecuted?
THE LORD ADVOCATE (Mr. J. B. BALFOUR)The two persons who persuaded him to go with them were not 1714 within the jurisdiction of the Scottish law after they had gone.