The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-23
supreA-- Court-spccial Term.
Before Hon. Judge Roosevelt and Cierke.

Messrs. EdmoA Blankman and Fletcher Park APP
peared for the alleged lunatc in this case and pre-
scented to the Court several aidavits setting forth
that Thomas Dunlap is perfectly sane and in full
possession of all his faculties The affidavit of DR..
Benjamin J. Blankman stated that he first saw
Thomas Dunlap at the Bloomingdale Lunatic Asy-
lum on the sth of June instant; that he remained
and conversed with him in reference to his alleged
insanity and has since that day repeatedly, ct least
three times daily, conversed with and examined
Mr.. Dunlap, ard he CDR. Blankman,) as physi
clan, pIonounces that Dunlap IA not insane in any
respect whatever and exhibits no signs OF insanity,
possession Of all his faculties and perfectly sane
man.
The afidavits of DR.. Barber, DR.. De Wees, Dr. JAS
Kennedy, to the same effect, were also placed be-
fore the Court; also, the affidavit of Mr. John B.
Sickes, an intimate friend which sets forth his be-
lief that Mr. Dunlap is perfectly sane.
The petition OF the alleged lunatc sets forth that
he has resided in New York for thrtyve years, and
engaged in business florist for sixteen years
past; that lie served juror in the case of De Corn
who tried tor murder and the jury being out three
Gays and three nights, he, Dunlap, contracted
cold which brought on an attack of inhimmatory
rheumatism, which confined him to his room for
about four months; that when convalescent, and
able to leave his room, and while at livery STABLE
engaging a carriage to come down town to transact
some business, his brother, James Dunlap, who had
not NislNu OTsten MIN curing his Illness anu Mr. w I
s. Corwin, came there aud insisted on his taking o
ride with them that he FOR time refused, inasmuch
as he had business to transact but they urged him
to take ride with them for the benefit OF his health,
to which he at last asseuted; that they took the
team which lie (the alleged lunatic) had ordered,
and after going as far as Mr.. Corwin's store, they
asked him to take friend into the vehicle, whom
they said was also in ill health; he consented, and
the friend introduced to him ~ Mr.. Van Cott,
and the petitioner has since ascertained that that
person was police officer they went as far as
Wiey's Hotel, when they asked petitioner if he had
any objection to their taking a drink he said no,
but declined to drink himself; they then proposed
with party in the barroom to have trot to Jones
hotel for drinks but Dunlap refused to allow it, az
he had hired the horses andfelt himself responsible
for them; they then proposed to him to go up and
had formerly had charge, and he agreed to
go If they promised not to stay long; they
went there, and after looking over the grounds
he was invited into the basement he
was going down stairs the door was locked
upon him, and he was ordered to be seized, and
was seized by five or six strong men, who bound
him and put him into damp and unventillated cell,
without any furniture, except bed and small
stand, where he was kept for three days and three
nights, after which he was removed to better quar-
tiers in the asylum. Having been there about two
weeks, he was served with notice of an inquiry
into his state OF mind, but he, petitioner, was not
permitted TO be present at the inquiry, which was
er parfe, and petitioner was in consequence de-
priyed Of his liberty. Mr.. Dunlap concludes his
petition by stating that he has had family difficult
ties with his brothers in regard to his fathers es
tate, and that bitter feeling has existed on their
part towards him, and that he believes that the
course pursued by James Dunlap in procuring the
Imprisonment Of the petitioner was through motives
other than from friendship or brothery affection. He
therefore prays for his personal liberty, and for the
possession of his property.
Mr. Nelson opposed the discharge OF the petitioner
on the ground that the friends of Mr.. Dunlap had
not had sufficient notice.
e. -
the court and Mr.. Dunlap Judge Roosevelt said that
he saw no symptoms Of insanity about Mr. Dunlap.
Mr.. Nelson said he had the affidavts of several
physicians stating that he W as insane.
Judge Roosevelt could not perceive it from his
present appearance and conversation. 1t was said
that all men were insane on some one point or anoth
er, and perhaps Mr. Dunlap was so, but that does
not appear before the court either from his manner
or by evidence.
MI. Dunlap, who was present in court, was asked
by the Judge what was the state of his property
He said he could not say; that he was permitted by
Judge Campbell to have his liberty, provided he did
not go to his store and was present at the day Of
trial. his word of honor was pledged, and he would
not violate it for any consideration; but this he
knew that he had lost $500 worth of plants, and
perhaps $4,000 or $4,000. Mr.. Dunlap then pro-
ceeded to state in clear and perfectly consecutive
manner the particulars Of his case detailed in the
above summary Of his affidavit.
The court listened with marked attention to the
alleged lunatic's statement. He then produced a
~ Y !,
and he asked the court if it was the production of
an insane man. He had been charged, he said, with
being insane and being drunkard but as to his
sanity he appealed to his honor, Judge Roosevelt,
who had known him for twenty years; and to others
who could swear he had not drank for six years
past. He had been confined in the lunatic asylum,
in bed swarming with bugs and in room with about
six inches of water under the floor, and ventila-
ton, but was obliged to break window to get air
and prevent me from suffocating. was handcuffed
like feon at the time. This, said Mr.. Dunlap, was
strange cure for man suffering from inilamma-
tory rheumatism.
if this statement is true (said his Honor it is most
diegraceful
Mr.. E. Blankman-The Bloomingdale Asylum. It
is true. was there myself, and saw it, and there
are several witnesses who can depose to the same
state of things.
Mr.. Dunlap continued to state the further parti-
culars Of his confinement.
Judge Roosevelt inquired if Mr.. Dunlap had been
make any foolish disposal Of his property?
Mr.. Dunlap stated that he had not.
q. How large is your famiy2
Mr.. Dunlap.-Unfortunatey am bachelor; but
she would discard me, from the fact Of my being
confined in lunatic asylum, and that would be q
greater loss to me than the deprivation of my pro.
perry. Uaughter.)
O. What was the amount Of your property at the
time of your Imprisonment?
A. One kind Of property to the amount of $25 ,OOO
and interest in contracts to the amount of over
500 000 in which Mr. James r. Whiting is also inter-
ested sold $4,000 worth Of property to ex-Mayor
Kingsland and he said if Mr.. Whiting came into
the property he would also come in He (Mr. Dun
lap) asked the Court if he were an insane would
such men as those he had named and Judge ngraham,
who is the legal adviser of the Woods for whom he
(Mr. d. had sold 900 worth of property, have
placed confidence in him? Mr.. Dunlap assured the
Court that his property was daily deterioratng in
value. He asked the permission Of the Court to
visit his plants at Harlem and in Broadway.
The Court said it would be proper to permit Mr..
Dunlap to go and see his plants and several persons
in court volunteered to accompany him. Mr. d.
objected to Mr.. Nelson being Of the party, and the
Judge said that If they could spare Mr.. Skidmore,
who was very judicious officer, they would desire
him to accompany Mr.. Dunlap and the counsel Of
both sides.
Mr.. Blanknan feared that they had no funds to
pay the expense of the officer, and he asked the
Court make order for money pay for his board
Mr.. Dunlap had been an inmate Of his (Mr. Blank
man's) house since the 9th of June by the permits
sion OF the Court and he had not been able to dis
cover the remotest act of insanity on his part.