The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-03

upon asked the said Macdonald to allow him to
see The said Caroline in his {Maedonads) presence,
and stated 70 him that IL the SAID Caroline would
state TO deponsni, IN the presence Of the SAID Mac.
donate, tnat the paper purporting to be a request
from and signed by her that all proceedings rela
tive to her release from sanford Hall be suspended until
the arrival OF her father or brother from the south,
dated the 30h OF October 1857, and purportog TO have
been taken before Samuel Wlet justice OF the peace had
been prepared executed Of her own free will ana udg
ment and without oompuson restraint, and Tree from
durcss fear OF punishment for noncompliance that
deponent her counsel and charged with her interests
would Immediately withdraw the petition for the habeas
corpus and discontinue all proceedings for her release
from Sdford Hall and the said Macdonald also refused to
acccde this proposition, and justified his refusal by
stating that he had received the said Caroline in custody
from her husband with instructions that she should not
be allowed to soc any ono bu, himself those whom he
sent Deponcnt further saith that said Macdonald made
prctence allegation that the said Caroline was OF IN
| sound mind, or that Il would endangcr hcr ooaiy or
mental condition to see deponent but placed nus re-
| fusal alone upon the ground above stated respect
ing her husband, and his instructions ne,
The residence OF the said Samuel Wiilet in Flushing,
and inquired of him the circumstances under which the
said acknowledgment by the said Caroline was taken by
him and that the said Justice of the Peace gave substan
tally the following narration thereof That at abou
halfpasi eight O'Clock on Friday evening" the soth Of
carriage told him he wished him 10 accompany him.
(Macdonald) to Sanford Hall, to take affidavit for
lady that he went, and found there before him the
brother Of the said Allen Macdonald and Peter Van
Bergen, autorney at law and who deponent is informed
and believes the person who appears in this pro-
ceeding attorney FOR Oliver OTIS woo6man that he,
Wllet was kept waiting hour in the room with the
said Allen Macdonald his fMacdonads) brother and the
said Van Bergen; that while waiting the said Van Ber
gen and the said Allen Macdonald told him that they
might not be able get the 10 make the alav
OF an hour Mr. Joshua H. Bars,ow came into the
room and brought him into another room, and
introduced him 10 woman, who he said, was
Mrs. Caroline Woodman; that another woman
also present, whom he took to be one of the
female keepers of the establishment that the paper
signed by the said Caroline Woodman already pre-
pared and that he only her sign her TO it, but
that his asking her If she knew its contents she said,
1.-THE doctor female keeper being still presently ayes
wrote it," That he was very much surprised on after
wards learning that ii alleged that Mrs Wooim1n
was Of unsound mind because he saw her no indica
whatever Of any mental disturbance alteration
Deponent further says that the said Samuel Wieu IL
gentleman of advanced age and feeble bodily health De-
ponent further that after arriving at sanford
Hail. the blinds TO the windows the front and sides OF
the house all closed TO preven, the inmates
thereof. RICHARD BUSTED.
CITY and County of Ne,o York, ss.-Edmund s Hearne
Of said city counsellor at law, being duly sworn, says
that he has read the foregoing affidavit and is acquainted
with the contents thereof that he present each
the interviews mentioned therein and that all the aega
tons thereof are true within the personal knowledge OF
deponent.
Mr. Brady recalled Mr. Hearne and said that he would
examine Dr, Barstow and Mr.. Mcdonald also.
Mr. Hearne-Wcn to Flushing 1917 O'Clock yesterday;
got 10 the Asylum AT IL O'clock remember tina, the Court
made order for them to sent no notice to him
B did not omit Intentionally went on n''masion from
Court that they could go saw Van Bergen there; he wa
admitted inside while they were left IN the public room;
wanted 10 Mrs. W. TO get her instructions and know
whether she signed the paper without constrant waited
an hour for Mcdonald; Furnss in the carriage and
walking about the lawn at this time made this visit Of our
motion q Why did you take FURNISH A. As he was
relaor the matter, that he might what We di; We
had other reason did not ask that Furniss shonlf
her Q. Did he call for you you for him? Collected to
and aowed.l | went 10 his house, and we both
called for Busroed and 10 Flushing the conversation
with Mcdonald was very gentiemany he asked Bisiee
written authority Mcdonald did not ask If he had the
thory Of the Court Busted did not that he had his
.arIr bat tat hax hnvr
Mcdonald did not say that she not in a con-
diiion 10 see her counsel; thinks Mcdonald said
that he could prove that the paper written by her
own free will Da you hear any ravngS Collected to)
Mr. Brady proposed 10 contradict positively statement
made n Of Mrs W sieers that all the persons around
her ravng Mr.. Hcarne said he heard no raving.
The blinds closed Immediately sfef they entered the
house Mr. Furnss then either IN e carriage or on
the lawn After much discussion between counsel, wit
gave description Of the asylum. The building was
enclosed inside an iron paing there were trees which
shat out the building from view.
In reply 10 Mr. Bstecd witness said that Mcdonald told
him that Judge Mitchell had not called to see Mrs. Wood
Judge Roosevelt stated that he received message from
Judge Mitchell TO the eec, that he was not to 50 unless
specially requested.
he understood Mr. Bustced not willing that he shoud
go. To which Mr. Bustccd said that that was
nr. Reese, sworn and examined by Mr. Busteed-isa
physician and surgeon OF long standing Mr.. Bus,eed
then read portion Of the return and the AFFIDAVIT OF Dr.
Bars,ow.
wancss-in his Judgment as a physician and surgeon,
there medical disclosed in the statement you
have read to hs, would render unsafe 10 bring Mr.
Woocman 10 any place assigned By the Court
To Mr. Brady-l mean that those documents assign no
medical reasons but only discretionary reasons doctor
this case has wide discretion If person was iaboring
under high mental excitement il would be dangerous 70
them; II he was treating lady Tor any nervous
complaint he would recommend the utmost quicincss,
but If he resisted habcas corpus, he would assign
medical reason.
To Mr. Bustced-If the nervousness hereditary or
temporary being shut up in madhousc would increase
H. heng restrained 81 her liberty, who had hereditary
madness but constitutional nervousness would produce
the very excitement OF which hear releasing her even
for an hour and bringing her into court "a general
thing, would probably result In good -
To Mir Brady-lf lady 90 nervous temperament
whose system had become unduly excited placed In
an institution IN healthy locality under the care OF
Kind and benevolent gentleman, and competent physi
can and while being treated Tor nervous excitement Was
allowed the liberty &C going out Of the building going 20
a village At short distance, and generally treated IN
Wind and parental manner, and while yet nervous and
irritable should be required 10 into crowded court
room other place where she was % be Intercepted ~
strangers the effect would depend wholly upon crcum.
stances II brought against her will II would be niurous
and she ought 70 be protected by her medical adviser
Mr. Bgseed asked the u the question, assu
ming the directly opposite facts 70 thoso stated by Mr.
Brady and witness said he did not admit the statements
Of either questions, and could hardly answer them except
Mr. Brady asked ms 10 the character Of Sanford Hall
and the persons In Of ~ Mr. Basteed objected, aud
while Mr Brady proceeding To show the reason Tor
asking the question Judge Roosevelt saa he had just re-
ceyed n summons to attend a consultation % the other
Judges below for few minutes, and he would ass the
counsel 10 suspend the case for brief time Mr. Busted
objected but he Judge said thai would he only duty
Of few moments, and left the bench On hs return Mr.
Brady resumed hs question
witncss-The institution IL IN every way respectable;
have been In professionally several tunes know Mr.
McIpuald was well acquainted With his brother; know
1T. rarstow vol; he ~ regularly educated ply
scan studied in the City Hospital recently succeeded 10
ms present position and s highly respectable man; Gen.
Mcdonald Car he judge possesses every qnsn
cation necessary for the of such asylum.
To Mr.. Busteed-Thc profession always recognized
rr Mcdonald: is personal freud Of Dr.
Bars,ow: did no, dine with him except at
Sanford Hall: have not been there for Little moro than
year VISITED General Gaincs daughter, the public asy
uf1 refuse ~ patients without the certificates %
two physicians and magistrates this u moi strictly
asylum for the only persons who nervous
sent there Tor rect and care.
james Cassidy, sworn and examined by Mr Busteed~
i Ia the grocery business Front street when he
the reports of this he took interest In NJ for he
wanted 10 the character q this house he Suffered
by n. 4 acquainted with Sanford Hall and ia keepers
sOrrowfuy am; was a patient or inmate under Weldon.
aid when the institution Ia January, lsis Murray
Infur 4 xoH a..