The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-11
LOVE AND LUNACY.
A Ye~ng Lady Confined In . Private LsnAasc
Asylum for Seven Years.
SUPREME COURT.

Ao6teT ~ ffuoouS dwssc bosStls
ss.sa osS6~ed L~aaiicThe proceedings in this case
800 by agreement al the private residence Of
,-ds. n.yiss in Clinton place TThs petition which
s,ore the Judge court he's been already published in
the Rsxpl Tho propriety Of the privacy the power
cf Judge 70 divert from the legitimate Of legal IN
curry any investigation touching the liberty right Of an
sndivsdusl, shall not remars, upon. We under
Stasd the LADY, Miss Anne Bsssett smith, accom-
psncd by her father and sister present. and that
Mr. peaneia Smith sppcared the counsel for the
spon6eut Allan Mcdonald, che keeper OF the Sanford
Han iunatic Asylum, Flushing, who also present
M seiah sures appesred for the adys brother who IS
the rclator-
TIE KHTrRN
TIC following areropies Of the return to the writ and
commitment, by which appears that Miss Anne Bssseu
Skrith was confined for years before wa dis
severed that she dangerous to herself or others
TO Hoso~smK HENRY DAVIES ONE of THE , Jrs
NOES OF TIE SrxKNE CorRr:-Thc return q Ailan MAC
donald to babeas corpus served upon me- on
The day of November, 1857, respectfully SHOWS
shas be is proprietor Of private institution called
sanford Hall at Flushing the county OF Queens for
me of nervous and insane PATIENTS ana nc
hrst That Anne Basset Smith is in his charge as
patient - - r. -,
charge are as rolows;Ihe said Anne Basse Smith is
daughter OF Dr. j. Augustine Smith, an OLD and respected
osisen OF New York widely known gentleman Of in
tshcepce and of amiable character and retired ply
fScian Early in 1850 Or. Smith, with whom
end said Macdonald friendly acquaintance had existed
consulted him concerning said Anne and finally applied
personally and through Dr. Benann Ogden for her ad
the said institution, on the ground OF her IN
sanity That said Anne acc ordngy, on or about inc
ffth day OF March, 1850, committed To the custody and
care said Macdonald by her father with The concur
renee OF her brother Augustine smith Of the fn OF
Campbell Hall Co., OF this CITY, and her sister Mary
D. smith, her mother being al the time deceased That
Ten application of her brother Augustine smith am upon
NE sdavits Of two respectable Physicians sworn % De
fore two justices the peace of the of Flush
said justices the ad
dressed 10 consbles and overseers OF The poor OF
said town directing tho apprehension and commit
ment OF said Anne to said institution, .nd sls
vas accordingly committed to the charge =.
said Macdonald by the overseers Of the poor OF
said town pursuant title third chapter twentieth OF
the first part the Revised Statutes. CIR s. 4th ed p
81 marginal page 63s That the said Anne IS in tho
opinion OF said Macdonald and as he Is advised ny com
petent medical authority insane both intellectually and
morally and disordcred in her as 20 endan
ger person and the person and property OF others
permi,ted 10 20 at large she has been thus
her residence In said institution Tfat sue rs ana
always BEEN said Institution at the request ohcra-
ther and her said brother and all the members OF her
" residing in the city Of New York, together with her
nieces nephews and other relatives, have always hto
free access her and objection 10 her remaining has
ever been said Macdonalds recollection or know
ledge by any person, except within Few days, by Mr
Seah Squires That she and always has been treated
m said institution with parental and Kindness and
the medical treatment ana quietude which her case
requires copies the application afdavits and war
rant of commitment above referred hereto annexed
and form part OF this return and the original O sad
herewith produced and exhibited To the Judge,
10 whom this return is made. -
Third That on the third day of November 1857, Mr..
selah soures who was unknown TO said Macdonald
allowed have interview with said Ann by the writ
authority Of her father and sad Macdonald TOOK tho
responsibility of permitting her to see sad sqnres apart
from other person That said Squres requested that
she might have pen, ink and paper aud she then oed IN
The request said Macdonald did not feel ushed IN al
lowing her TO write letter to be taken b. stranger
without her father member oil her
family That said interview resulted in greatly exciting
her, and its injurious effects were apparent Tor many
Fourth That in the intercourse of said Macdonald with
father and said brother and sister OF said Anne he hs
had every evidence Of their strong solctude aud aacon
her he believes tha, her removal from SAINT al
would De an act Of cruelty toher unless she were rsd
New YoRE November q, 1857.
Martin & Smiths, Attorneys. E Deaneld Smith, OF
council
Of Flushing being duly sworn, says that the foregoing
yeturn subscribed by him, Is true OF his kno 'edge eS
cept the matters therein stated ON information ana
ALLAN MACDONALD.
Sworn to before me this eth day Of November 1857.
B-fore samuel wllett and Augustus slarnan, Eos,
Justices Of the Peace Of the town OF Flushing, IN the
aie Of Nes Fork County Of Queens Torn ef Flushing,
%To the Conssbes and over-eers OF the Poor OF TIE
tcvn Of Fiushing county Of Queens and state OF New
Ymk-Whcreas II appears 10 the undersigned two OF tho
Justices cf the peace and for The town oil FISHING, by
The evidence, under oath and In writing, oil Thomas VI
Narhce NJ D. OF No. East Seventeenth street. IL the
city Of New York, and T. Ice Jones, NJ d., OF No. 40
Hoadway in said city, respectable physicians, that
Anne Ba.sett smith now this town, insane aud by
peason o such insanity 20 far dsordercd III er senses
eudanger her own person or the person ana ptor
q c,hers permitted TO 60 at large and being satisfied
upon the information and evidence 81 the said phy
Who have personally examined the ss-ld Ann blssc't
Smith that would be dangerous 10 permit her 70 60 al
k.ge: -. ,,oo,,, &c -, s,.,o r. Nov,
Tork you the said consabes aud ovcTscers VI the poor
are hereby commanded 10 cause the said Anne Bsset
Smith apprehended, aud TO be safely locked M an
confined in the lunatc asylum called Slford Hall si
ted said town Of Flushing being secure place pioHa
I'D by the said Of the poor Nlthh sod 'oSn
and proper place FOR the confinement OF 1natcs ana to
Given under our hands ana seals IN the town ID Flush.
ing, county Of oueens, and state OF New York thu nltn
day Of November, A. ID one thousand eight hundred ana
sAML wnIETr, Justice Of the Peace. IL 81
AUG G. SIIIINAN, Justice Of the Peace. IL 81
Jo.cn OF Flushing County If Q,leens-Augusne SINH
beng duly sworn makes oath and gives Information be
Ere Samuel wilett and Augustus g. slntn justice 81
the peace Of the said town that Anne Baset smith VINO
= nov in said town IL 20 far dsordered in her senses
N his opinion and belief 70 enangcr her own person or
We persons or property Of others bsrTed 70 g at
Subscribed and sworn before Us this let day Of Nov
is67 s,xrE wnISrT, AuCrsrs g. siiits.S, Justices q
she Peace.
Sas Qf Yao Tork, County q Qu,ens, 7o'rn = F7,.sh
Sag us-Thomas NJ. harkoe, residing al We last ltth
street, IN the city Of New York physician, and r Lac
Jones residing al No. 7s5 Broadway. in ule city,
physician beng duly sworn, say and each for himself
says-Tbai Anne Basseti srn tn now in this town i
msase and 4 80 FAR cisordercd n her scnses ~ 10
eDdanger her person and the person. aud ro-rty
II others permitted 20 90 az large. That they and
each OF them have and has personally examined said
Bassct Smith and satisfied ~ tn above facs
md that she v a, times affected with such :. lated
understanding and alienaLCn Of m.ad Ne dsablce her
FROM Judging correctly between good and evil and 81
The consequences Of her act, amounting a. s'cn tncs
absolute dspossession Of the free snd ara 60
OF the human mind. ". AAhNoE II. ~,
LIE JONisS, " u
Sworn 10 before me this bth day u November, 1871
Flushing. before me, Avcrsrrs O. Sn14ssS Jrsea "a
l,e Peace
sworn 10 again before me, o. 5t1 s,y - S1yCmbof
1851, Flushing SAMUEL Mnirrf Justice o tIe leso 1
Nj Squrcs remarked that II appeared by 60 return
the lady given into tn clty c Mr. 1iacfoulid
The 5th q March, 1850 snd tlst the r-ear comm
latter scycn years oonnnefacrJ WA only mlae 81
the Jl the present month. ar1 rfvefI fyt tuhse
quent 70 The lqthcatcl - Mr. squire git lt ~" ops N
% Apply for writ 81 habcas corp ~ tho u1afc ci te
tsdyt brother.
There was confderabls discus nn B. 20 whether the