Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-02-08
THE MOUNT HOPE CONSPIRACY CASE
Reported for the Baltimore Daily Commercial

'N>NFNAN~N' ASA
TowsoNTowN, February T. 1866
Circuit Court for Baltimore Coarnty-Hon, D. C. II.
Emory. Judge; John 7. Ensor, ESQ.,. States Attor-
State vs. Dr. William H. Stokes and Mary Blep-
knsop indicted for conspiracy to cheat and defraud
etc; Messrs; John I. Ensor, Alexander NJ. Rogers
and Daniel Ratcife for the prosecution and Messrs
Richard j. Cuttings, Eugene CummiSkey William p
Preston. and VIM Schley for the defence.
Mr.. Rogers resumed his opening statement this
tracts from the reports of the Mount Hope Institu
ton. lie said that he would connect Mary Blenkin-
sop with the reports made by Dr. Stokes by the evil
that the reports paid for by those in authority
in the institution, and he would show that Mary
the medical adviser in Dr. Stokess absence
Mr. Rogers said that they would prove that virtu-
Gus and highly educated and respectable patients
were mixed up with debauched patients, some of
whom were laboring under oinomania, as he Or.
Stokes, termed it in his report.
Mr.. Rogers said that he would prove that persons
had been improperly confined as well as improperly
treated in Mount Hope Hospital and said that
person had been confined long after she had become
beas corpus that he would show inquitous conduct
in the treatment of this person. and by her evidence
he would show improper treatment in the case Of
the building was not properly warmed he said that
he would show that one Sister Sarah futile, of the
treated and sho,rer bdhed in winter by way of pun
ishment; he said he would show another case. man
who placed there some four or five years ago on
was not permitted to see him except at a distance;
that at the end of two months she took him away,
and found him in filthy and miserable condition;
that his body showed marks of violence, and that he
said he had been beaten by n red-haired man; he
said he would further prove that Mr. McGee, not
knowing whether Mount Hope was Catholic or
Protestant Institution. saw keeper run up and
seize patient by the throat and shake him; that he
demonstrated with the attendant and told him that
that was not the proper way to treat patient and
the patient said, DO not let them take me back to
Mount Hope, they beat me until | am black and
blue.
lie said he would show case where Mrs Pumph-
reg confined there long after she was we'll and
was at last discharged by law: he said he would show
that patient named Miss Aiken, seized by the
sisters without the authority of Dr. Stokes and held
under shower bath, in winter, until she nearly
sufOcated, and that she was sick for three days in
consequence
He said he would show that nun was confined in
cold cellar for three weeks that the sisters endeav-
ored to prevent the patients communicating with the
outside world; that a Miss Femmng, in consequence
of attempting to communicate with the outside
world. was taken from the convalescent ward, and
confined for long time in ward with the worst pa
tents where she heard the worst language; that the
sisters seemed to think an endeavOft to commun cate
with the outside world kind Of treason to the inst
tuition which justified the worst treatment he said
be would show that the patients generally were not
properly treated.
He said that he would show that one of the sisters
called Sister Dolores not Spanish lady, of an
cien family, etc. as her name wouldindicate. but
an Irish woman, named Peggy Mahoney. Mr.. Rogers
spoke OF number OF the sisters, who he said were
Irish women. destitute of education and refinement
r.
the grand jury three weeks before he knew of them,
and that the only advice he gave the grand jury
to be cautious in the matter That he desired to say
the prosecution was no: originated by him, and he
was here without fec and did not know that he
would receive one, but he considered it his duty to
follow the cases out here, in order to discharge pub
lie duty as he States Attorney in Baltimore city
at the time The grand Jury formed the indictments.
and to prevent the prosecution from being dropped
Mr.. Rogers closed his statement about half-paSt
The counsel for the defence said they would make
no opening statement until after the prosecution had
John Murphy sworn for State Reside in Baltimore:
am q printer, publisher. bookseller. etc printed
ton, for the year 1861. think it sent there by
DR.. Stokes. ]. think it was charged to the Mount
Hope Institution, and think paid for by them. Do
not think had any conversation with DR.. Stokes
about the subject matter of said Report Think the
Reports POI when printed were delivered to Dr. Stokes
OF Reports and delivered them to the Institution and
they were paid for by the Mount Hope Institution.
few cases of these Reports left at my store
for distribution and think some sent to Catho
an @ tie Mun Hope a0 Rousb al
ways understood lie Was the physician for the Instu
ton, and he generally so considered in the com
the 5th of March, 1854 that for 1864 the 2lst
of February, 1866 These dates may not be the exact
date when the Reports were published. / fix the
dates only by the charges on my books made in the
course OF my business. Have been publishing the
Reports Tor about twenty years Cross examined,
,
think they were generally printed the early part
OF the year-in February or March, | cannot prove
the special day the report published or say any
thing in reference to the date beyond what have
stated.
Miss Mary Flemming sworn for State
The competency OF this witness was objected to by
the counsel lor the defence on the ground that she
was incompetent to testify to things that occurred
; while she vas iunstic in Mount Hone ard that
they would show that she WIS a iunatic up TO the
time she was discharged that if she was lunatc
now. she was clearly ncompetent. The Court ruled
no 1nfa rl,o
dence to prove that Miss Flemming was insane The
| defence offered in evidence to prove Miss Elem
mne's insanity. the deposition Of Dr. Barstow, Of
! New YORK.
Alter considerable discussion the counsel for the
defendants srared ,i.Gt Miss Flemmng's eviuel,;C
should be taken subject TO exception. and that it
should De ruled out hereafter by his honor il iIcor
petent claiming however, that they did not waive
thse. hsSt.cn g her competency.
Miss ieInming being recalled, testifes Resides
on the Hudson nine miles from New York; know Dr..
Stokes, have known him since December 5th 1858;
was confined in Mount Hope five years and six
in tho ketro4t ~bost si+z nalos from Ialti,noFe
Hope we're treated while you were there
Question objected to by defendants counsel on the
ground that in all cases Of misdemeanor the State
cannot prove any facts that occurred beyond year
before the indictment was found The indictment in
this case was filed the 1lth of December. 1865.
Tt.!s evidence was also objected to on the ground
that the indictment charges the defendants with con
spracy to cheat and deraud etc. hy certain written
false preences and that the counsel for the proseeu-
battery, dueking, etc, without first proving the ex-
istence OF the conspiracy.
Mr.. Schley made. quite g. long and very able
argument in objection to the admssibiiit- of this
evidence, and was followed by Mr.. Ensor who CON
tended that the evidence proposed to be offered by
the counsel for the prosecution is legal and compe-
tent evidence. Mr. Radcliffe followed Mr. Ensor in
able argument in support of the admissbility of
the evidence proposed to 6e offered By the counsel
for the prosecution.
Without deciding this point which seemed for the
present to be waived by the counsel for the prosecu-
dence all thu reports of the institution made by Dr.
Stokes and printed by Mr. Murphy. These were oh
jected to by the counsel for the defence, ald the
heard tomorrow morning.
Negroes and Indians in North Carolina.
bill concerning negroes, Indians and persons Of
color or mixed blood" is pending ia the North Caro-
lima Legislature. 1t defines these classes as follows
Every person shall be deemed negro or person
Of color, or person of mixed blood, who may be de-
scended from negro ancestors to the fourth genera
ton incluSive and every person shall be deemed an
Indian person of color or person of mixed blood
fourth generation inclusive though in each case one
ancestor in each generation may have been white
person. And no other person of mixed blood shall
be deemed such negro, Indian. person of color or
person Of mixed and the mode of ascertaining the
generations Of Gerseas of mixed blood shall be to
II provides
That persons of color shall be entitled to all the
privileges OF white persons in the mode of prosecuting
their suits at law and in equity and likewise to the
same mode of trial by jury and all the privileges ap
pertaining thereto And in all proceedings in equity
by or against them, their answers shall have the
same force and effect in all respects the answers
white persons"
That in all cases of apprenticeship of persons of
color, under chapter five of the revised code, the
master shall be bound to discharge the duties to
them as to white apprentices; and the words as are
white IN section three, line three are hereby re-
pealed."
The Paper Mills of Massachusetts.
The following official returns of the amount Of
printing, wrapping writing and other paper manu-
featured in Massachusetts for the year ending the
LIST of Nav last:
Number of mills ..............,.... II
Ions OF stock consumed, ..........,...... 1865
alue OF do ACKNOWLEDGEMENTS. ....,.....,. $5.Sl. ST.
Ions OF printing paper made. SOY
y alue Of do .,.,................ 1.922,52f
Ions OF wrapping paper made......,,......u 1907
nalue OF do ......,........... 1,l57. a9C