The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-02-13


in that year the def, Nsat befo'e iusiirs Merritt
of the special Hstss mt mace joint affidavit stat
ing that he ipssne, aud dangerous him self aud
others, to that effect; which Justice Merritt
granted warrant, under which he taken from his
Boomipgdse Asylum and detained there for tour days
at the end Of which he brought before Judge Oak
ley by writ of habess corpus, and dis charged The
plaintiffs case vas conducted by Msssrs Wynsn s. A.
Hoffman, and Person. MIR Hamblin was represented
by counsel and Doctor Reese appeared in person.
HENRY NJ. JACKSON the first witness sworn and ex
amaed on bshslf Of the plsntf.-Hs testified that he
knew the psres he was sent for in the month of April
s4O recoects it lst day Of April witness came
to the THEATRE Mr. Hambin into the office to wit
snd said he wished witness go plaintiffs house
I'D get the key of the Office safe they both out
the Tombs, where they met Dr. Reese; Reese and Ham,
bin entered into conversation; witness didn't hear IT,
witness Reese and Hamblin went to plaintiffs house In
Pearl street, he was Ia bed at the time Doctor Reese
the 30 very theatres Mr. Champlin told him the key was
In his pocket which was hanging up near the Windows
Mr.. Reese took 1t out, and told plaintiff to get
up that he must not be lying there and that he had
better take drive into the country Plaintiff got up,
and Doctor Reese assisted him to dress Witness Doc
tor Reese, and Mr. Hambn, came down stairs and
went the street together leaving Mr. Champin In
the room 1t only then witness had the first idea
was then stated that was to set out with him to which
objected unless his wife was perfectly satisfied Doc
tor Reese said che was perfectly satisfied One of the
which winners went stairs to about plaintiff
Doctor Reese came up soon after. We then brought
wife satisfied. As Doctor Reese passed. nhe made
observation, that she hoped he was not wrong
By that, witness believed she satisfied We then
got him into the carriage and witness took him to tho
asylum. Papers handed to the fitness the time
BY Doctor Reese they consisted Of latter and paper
Witn.ss to deliver them to the resident doctor
the asy lum. Witness then proceeded to the asylum
and left Mr. Champn there Doctor Reese said he
would follow after Witness in bis gig He did come,
however, before witnessleft The doctor, the um
took plaintiff up stairs and afterwards came down to
witness, and said plaintiff wished to see him Witness
went up and plaintiff asked him by whose authority he
was brought there Witness answered by authority of
witness to call on plaintiffs wife and send her 70 nm
Witness delivered the letters and papers the DOCTOR
the asylum before the plaintiff taken out of the
carriage Witness after he to town. went direct
to the plaintiffs wife, and told her that he should not
remain there. and then went to work to get him
G From the first time you went to plaintiffs house,
untl left him at the asylum what the condition
Ale was sickly, but he was perfectly sound in
mind
Q-BY THE CouRr Did he express any curiosity
No, sir avoided all conversation with him.
Q--Wsre you with him previous to the Sunday be-.
Al dont't rsoolleot.
Q-Do you recollect having been with him then re-
Al used to call on him frequently but don't think
called on him after went to the theatre until went
with Reese and Hamblin to take him to the asylum.
QWhat day Of the week 1t that you took him to
the asylum?
A.-on Wednesday
what the State of his mind then
Ale sick but, as l said before, saw nothing
amies with his mind; he conversed we'll enough.
Odd you at any time plaintiff crazy?
Al have known him for FIVE years We lived toge.
Their during that time, and never saw him in euoh q
state.
Cross.enamined by On REEsE.-Q-Do you remember
coming to my hous' and telling me he was missing?
Al was sent by Hamblin but cannot cay what day
Of the week it only RENE Der calling it before
went to the asylum
Odd you not that you were afraid he had
committed suicide
Al sent to you to let YOU know he was missing;
but got the information from MIR. Hsmblin; and think
QHave you any recollection of saying that he took
Of audanum for the purpose Of destroying his
lif. and did you not 80 report to me?
A.-No, sir
Q-How did plaintiff go to sharps!
Al don't know
Q-Did you not 60 with him to shsrp's!
A.-Ne, cir.
Q-Do you not know that he tore the bandsgs from
his arm for the purpose OF destroy ing his life!
A--No, sir.
Odd you see anything in my conduct In my inter
view with the plaintiff and his wife the day you took
him to the asylum indicative Of any unkindness my
part?
A-No, tir; all was kindness there.
Q-De you recoliect mylgving to you. q reason for
taking him there that his violence was SO great that four
there all night, to watch him?
Al know nothing of the matter, except what you
told
Direct examination rssumsd-wiiness saw DR. Reese
frequently ut the theatre before plaintiff taken the
asylum
the commitment Of plaintiff enclosed in letter
that is frequently the Witness does not know
was Received by him Witness led him to Ss spart
ment oil witness recoects Is that plaintiff feeble
he appeared to be sick and in low spirits EVIL
dsnce Of insanity at the time.
Q-Did you see any evidence of insanity while he re-
NAMED there?
Odd you think he q ft subject at the time?
Awhile he was in my charge, did not think him
At subject for detention evidence of delirium
trsmens about him l acquainted with that disease
WAS he in solitary confinement?
sir except 50 far as ne was obliged to confne
himself to the Hail. he in company with lunatcs all
the time he was there and took his meals with them
he expressed his surprze to witness at being sent
conversed very nationally about the locality Of the asy
lum, and said that the property which it built
part of it, belonged to his plaintiffs grandfather
Q.-Did you appear before Judge Oakley!
Al did don't think DR. Reese was present before
numbers ss enas oss
while he was At the asylum.
Cross eranined.-Shoud not think, under the circum-
stances the case the time that aboring un
der deirum tremens but might be the disease of
delirium tremens varies In different subjects, from the
nature Of the circumstances
James w. HALE examined Knows the plaintiff.
Q.-At the time he was confined at the asylum, what
part did you take =
A. Went out there and obtained permission from DR.
Wilson to him The doctor dire oed witness to 60
to one Of the keepers witness did SO. The keeper
opened grated door and let me into where Mr. Champ
lin 1t was corridor On one of the wings Of the
building, in which ranges Of cells Mr.. Chsmplin
was In one OF THESE Cells Witness was a gOO0 deal
alarmed at the appearance of the place called on
the keeper for his protection The keeper accordingly
what the matter, what caused him to be there
He said he did not know, aud that 1t very impro-
per place for him. Witness symptoms of insanity
about him at the time. They talked for about half
hour and the burthen Of that he wished got
out and requested witness to take steps for that pur
posethe people there playing all kinds Of antics
In fact they were all crazy except plaintiff Witness felt
very uneasy until he got back into the keepers
After witness to town, he procured writ Of
habess corpus took carriage, and went out to the
asyum-saw Doctor Wilson, and told him that he had
writ of habeas corpus DR. Reese there at the time
Witness was introduced to him. Doctor Reese urged
witness strenuousy not to the writ OF habeas
pus Witness said to Doctor Reese that he had writ
in his pocket but II he the plaintiff insane
he (witnsss) would not 1t. DR. Reese begged wit
nsrs not to It, and If witness would let him stay
day or two longer, h, would take him out himself lie
added he did not wish to have patient taken out Of his
hands by legal process as It might affect his professional
reputation IL such course was pursued