The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-28
MavOr's Office.

TUESDAY, FEB. 27.-fn the Case Of John +. Peck-His
Honor was engaged considerable portion OF today eX
aiming into the Of John Peck, Of Curtis Peck
who arrested some time ago, and committed to the
Tombs in default of bail three criminal charges but
at Bloomngdale by precept given by the Recorder and
Justice Stevens OF the Lower Police Office The circum-
stances as folows on or about the nth u this un'
fortunate young man. brought before Justice Taylor
of the Upper Police office, charged with having uttered
and passed to Beneman F. Stars forged draft for
porting to be the draft his father Curtis Peckwh hav
ing obtained, by false preences, from Samuel ID Rock
WELL gold watch chain and seal valued at 500 also,
from Oliver Ketchem the sum Of S5 by false preences
the city prison the 10th inst in default OF bail in the
of $1,000 On :he 2Oth it appears that the city prison
Physician called in to the accused who 1t was
thought exhibited strong symptoms ofunacy Dr. Rogers
also summoned to the consultation and on their GER
Stevens and he was to the charge of Dr.
Wilson of the Blo0mngdale Asylum AS soon as tidngs
of this proceeding TO the of Justice
radehe sued ont writ Of habeas corpus returnable be-
fore the Mayor this afternoon, and gave notice to the par
ties Interested that the transfer illegal and he was pre-;
pared to dispute it. Accordingly Mr. Leverage attended
counsel behalf Of the friends Of the accused-Dr
Wilson attending with his charge,
Ju6t&ce TAYLOR having proved the regularity Of tne
commitment proceeded to state why the accused should
be remanded to the prison out Of the custody OF hs ON
of the asylum He commended that under the 32d Sec
ton the act of incorporation of the State Lunatc Ay-
um passed in session. 1912 the proper magistrate to take
With criminal Offences was the st Judge of the
county CJudge Ushoefer) who was empowered TO mold
full and complete examination. to summon jurors to try
the case compel the attendance of witnesses and the
charge olunacy established to discharge the luna
tic prison. and surrender him into the care OF the
State Lunatic Asylum. specifying in the precept that
criminal nature existing against the ln-
natc, so that upon his "ouce might he given 10
the authorities and he should be recommed to answer
The Recorder and Justice Stevens had power to dis
pose the unac and that the whole proceeding was IT.
regular
Mr. LEvERDGE in reply, commended that the 18th sec.
ton Of the act referred to- which provides that notice
shall be filed with the Clerk oft county that the asy
um ready to receive lunatcs had not baen complied
with the county and consequently that act was nope
rave and the Revised Statutes must prevail, until such
provisions shall complied with By these sta
utes it is in the power of two magistrates to commit to
any asylum adopted by the Supervisors Of the county
This body had adopted three viz the Bloomingdae DR..
McDonalds-and the asylum Blackwells Island. The
magistrates had adopted the Bloomingdae Asylum in
this case and the commitment perfectly in accord
ance with the law.
The MAYOR decided that the Recorder and Justice Ste
had authority to transfer the accusedt to the
um. therefore discharged the accused from the care
Of Dr. Wilson, and recommitted him to the city prison