The New York herald., 1864-06-29
A REMARKABLE LAW SUIT.

A REMARKABLE LAW SUIT.
Lawyer sues . Lady fer \Serviess
Rendered 1n nescutng Her NrOn
Private Lunasio Asylum-A Pee 3 Ints
Private Laastie Asyiums-Trs~t wsas
or the Inmates, 80.
SUPREME coURr-CHAnBBRs.
Before Judge Leonard.
Jum 2S.-ydrsd s. Tssyuncs Aayy Hessinc.-vas
plaintiff to thousand dollars for
rendered ths defendant rescuins her from
asylum in Baltimore. whore he claims she bad besn
Illegally wrong.uly detained BY her brother who
anxious to have control Of her property An app
cation II made TO aside the snmmons sud
plant In tho above action, the GROUND that the %
endau lunatio and that her person and property
were In tho custody e her brother. Thomas Fleming.
who was a committee appointed for that purpose
The plaintiff affidavit se,s forth that the dsfes.
dant the daughter Of Thomas Fleming, decessed w1s
died ntestats In tho year isss leaving . samher ss
daughters one son, Thomas Fleming tn Ca,xte
Harvier resides 1t 81 West Tenth street, married
ster Of the dsfena thai IN 1855 1857. ~
the direction OF Thomas Fleming Mira Harvier and other
ssters OF tho defendant, the defendant co0aus6
against her will and without authority In inse00
psI.d 70 rsmsn s Long Ssm sn
person, whore she iuhumanly and cruelty trsaesd;
Mount Hope Institute. 10 the city OF Bitmore, anns0
insaoe asylum where abe compelled remain .&k
May TO- 1884 that during the part Of her cons
ment at Mount Hope the charge Of that iass
tuition repeatedy wrote and requested defendanss
ther and relatives 70 remove her from the asylum.
forming them that she insans but ths reiavse
refused TO do So stating n reason that she
moved they would only be obgad TO place her IN ~
lum elsewhere that the OF the inst,suesnn
hoping have her removed raised price OF her bcsF
from dolors dollars per week. hut hsr
brother still refused remove her and paid the increases
board. Mr. Torrance further that the deendssf
insane hut that her confinement induced
by her brother for the Of gain and for the p
huui trut n uda
by her father which very large e.nnent fureaV
says that IN the month OF February lSds aienosns
wrote tetter and postscript, w. r .@reta annexsd
and caused secretly conveyed from asylum y
. lady in Baltimore, who forwarded copy Of the sams
to dep0nent In of this letter depo0ent made
investigation tha Surrogae's Office, and found thai
father Of the defendant died ntesise in 1885, anS
that the brother Thomns Fleming. appointed admts
istrator Of the eatate tnst he died fors
Thousand dollars. Thst, relying upon the rromsea and
the goth Of Nay last and procured iutervew vita
the defendant who requested him TO procure
her release upon tha terms In said letter Deponsns
agreed 10 undertake the task snd did release her the
dav. and she is residing In New York. that hA
spent much time IN affecting her release. and notwtsA
standing that she refuses to tho s. 900 or any
part thereof although requested 10 40 h' he hsv~s
she would do 80 IL not advised aed prevsote6
from dong 50 by her brother.
Mr Torrance iheo read Miss Fleming's letter n cor
roboratt0u ct his statement. as foliows:-
Curious rErrrR FROM norSr HOPE
tic asylum insane uns~fal,, and un1sny :.
m. m. a %S q u. aa
psser insane could prove perm,,,ed b.
fs%s' e
h; r os. ssdeS nv oS.- S Soc *
a-.ds q nr.rer.y though. hm ',n.r.r'sy rrc.
s' h % 70" spirits r.
VII
s =. 4" q w'i
secretly e,s that rasce where inhumaaly
s.as;.n:s aa s:, = ssaa Msp. :sss.: Ias,. 8
there sh~ud this Al other private lnnatic esy
Tn. place Owned and conducted s b. the s.;ss,
S:s i.t q i: : .. % sm % ~ =" ss.
:.v.,. :, o .,as ua ~
wro.s to prizes, Ia the ns,-hborhood ,S.x MIN to
.-s: ":; n:s :s':s ss.as ssss' ssss ss
a." - 's q ny % desh
70 appeal % him have seen m, orc.n.. but oues 10 s.s
@ :s iis:::. s :'s% p. i ssm 4, p:s. him
:s'.s :Sssy y :pc,,"s Q (. HI. ~
::.1t @ sa.a S'.%ias :in T.niS E:%
IVY. ;s Sss.
Thomas remins Of Ne. York. from motives II cr.r Ne
snS s.rend lhs ,..vel vii :: os.if.1
Sssns.o s"s :" o ss M o New York q" An orpSsn
s. an ~ @ s o y s
been insane NARY FLEHIN0:
Fleming, IN his petition 70 have ths proceedfaOe
aside states that no IA committee or the person aud
OF Mary Fleming, and refers 20 psners on dle
for his appoment that on or about the SOto
OF Nav last ne received telegram IRON Baltimore from
Dr Stokes physician Mount Hone Institute that law
there New York. who SAID his sister Mary
shold he released no would got her ont by means q
habeas corpus The petitioner Immediately procscded -
gs tncre and brought his sister tn New York. Abous
the 2Ith of Nav Mr. Torrance apried IN Miss Fom
Ing but declined and be referred -
tho pettoner's counsel Torrance In eve.y nisrvSsw
with the petitioners counsel, claimed 10 heve
ba~n acting purely from phianthrnpio motives
As far the re,toner knows, no application had
been the Court for leave ~ commence SAID
action nor osirtever applied TO the petitioner,
tho drfendsnts committee Tor psy ment FOR his speoae4
orders Tn conclusion petitioner rrsvs Tor an order
of the Court mtr Torrance to show Cause why the
said summons COMPLAINT should rot besse aside wSe
the said should not be re3trasned
from further prosecution Of said action and why os
should proceeded against as for couemp or ourt
IN the said action With aut zoe leave
os Court and for further order that In he mean
time all proceedings he STAYED.
The Court after hearing the afdavits both sidee,
dcded aside the proceedings on ene grosnd thas
the psnIn should sued the commit tee and not thA
tunsttc
The case interest IN ca ana the pre-
ce.u,uus were listened % with marked n ttentton.
General Mcclellan IN Trey.
1Roy, n ,Juas 26, 1884
General Mcclellan arrived by the Saratoga train
. n.v 80, ..ver oc,oew tb,s evening Ths ne ar ho