The Hawaiian gazette., 1869-09-22
Supreme Court---In Chambers
BEFORE HARTwELL, J, SEPT. Is, 1869.

A petition by Henry Cornwell, brother
in-law of LOuzada, duly verified, and filed
Sept Il, 1869, came on for hearing. The
petition sets forth that on the sworn
complaint of David Dayton, Esq, Deputy
Marshal, on proceedings had before John
Montgomery Esq, Police Justice Of Hon
lulu, upon the 4th day of Sept. A D. 1869,
under Sec. 3 act of 1862, entitled ian
act to establish az Insane Asylum, a war
rant was issued on the same day by said
Justice, by virtue of which warrant said
1 Louzada is now in custody at the Insane
Hospital in Honolulu, but is now 50 far
recovered that he can be set at liberty
without endangering the public safety, and
praying that he may be discharged and
placed in the care of his family and of the
attendant who had been furnished for him
at the Hospital by the petitioner. Dr.
Hillebrand, physician in charge of the
I1Os pitSl. Icellucu ludl Tue uldu was uc-
mented, Eighty in mind, showing his
mental alteration particularly by dis
trust of all about him, including friends
and relatives, but that he thought Louza-
da might be discharged from the Hospital
without risk to any person, if he were
kept under quiet and proper influences.
and that it would be well for him to be
discharged. as his recovery would then be
more likely. Mr.. Dawson, superintend-
ant at the Hospital, testified to the same
effect, but mentioned certain threats Lou
zada had made, that he would burn Corn
wells buildings. &c, although showing
the most friendly feeling towards him
when they met.
Judge Montgomery showed by his rec
ord the evidence of Capt. Powers and
George Mclean, on which his warrant had
been issued, by which it appeared that
Louzada had acted for several months in
an insane manner, and few days before,
in MeIean's presence, had appeared about
to do some violent injury to his, Louzada's
vile, had be not been restrained by Nc
Lean, and in the opinion of Mclean and
Capt. Powers it was unsafe to allow him
to remain at large. The Deputy Marshal
was present at the hearing. and the At
torney-General was informed of the petit
ton and hearing, but desired to leave the
matter to the Court. The Court express
sed some doubt whether, under the act
referred to, the present proceeding would
allow decree of discharge on this evil
dence. The Sections of the act bearing
upon this question reads as follows. eiz:
"SEc. 3. The Judges of the Supreme.
Circuit. Police and District Courts. shall
have the power to commit any person to
the said Hospital on a satisfactory COM
plant being made before them that such
person is insane. and that the public safety
requires his restraint until be becomes of
sane mind. or is ordered to be discharged
as hereinafter provided"
SEC. 4. The judges of the Supreme
and Circuit Courts shall have the power to
discharge any person confined in said Hos
pital upon application to them. if upon ex-
animation they shall be satisfied that said
person is of sound mind"
The petitioners counsel argued that the
proper construction to be given to the
words: If satisfied that said person is of
sound mind is. that such person be shown
to be of sufficiently sound mind, 10 allow
him to be at large with safety to others.
The Court said, that on first impression.
they thought a writ Of hobeas corpus
was better adapted to reach this case, and
that the statute power was defective. in
requiring proof of sound mind before order
ing a discharge There must be remedy
somewhere, Of course, in a case where,
from change in the patients condition,
his confinement is no longer necessary on
account Of others. and where the patients
welfare may absolutely demand his dis
charge. Both of these reasons were al
legged in the present case. 1t may have
been the object of the Legislature to OBJ
viate, in this provision Of the statute,
the necessity of producing the body, or
proceeding in any manner by petition for
ha5eas corpus. This was not, however,
perfectly clear; but as all persons interest