The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-09-15

stirred up the whole community. For social
reasons his relations procured his confne-
ment, and he was detained for sixty days
Notwithstanding the fact that active efforts
Tor his release were made by several persons
acquainted with the circumstances. When
finally these latter managed to get him
brought before the Supreme Court, Judge
Sutherland at once pronounced him in
sound mind, ordered his release, and de-
cared that he had been incarcerated
in violation of law and justice. 1t
was but last month that the release
of a respectable old lady, also from the
Bloomingdale Asylum, was obtained through
legal proceedings; and it was shown on the
trial that she also, though of perfectly sound
mind had been confined at the instance of
certain relations, for their own purposes She
was released the day after the service of the
writ of habeas corpus and the points of law
involvedi in the case have not yet been decided
by the Court. Still another case is awaiting
decision in this city, of an elderly lady con-
fined as a lunatic, the evidences of which are
alleged to consist only of her ritualistic
practices, and her determination to dis
pose of her property according to her
own will. Nor are such cases confined
to this city. lady was incarcerated
in the Trenton Lunatic Asylum a short
time ago, who had given evidence of unsound
mind only by the fact of marrying the man
she loved. She was spirited away from her
husband, who had great difficulty, some time
after, in discovering her whereabouts but,
on doing so, and bringing her case before the
Court, he promptly procured her release.
We had also an account, not long since, from
Philadelphia, by which it appeared that an
entirely sane widow lady had, for pecuniary
reasons, been shut up as a lunatic, and it was
only after the greatest trouble that she sue
ceeded in getting the case brought before the
Court and securing her freedom.
These are facts at once disgraceful and
alarming; and when we see such incidents oc-
| curing Immediately around us-when we see
men and women of perfectly sound mind
| seized and incarcerated in madhouses, in
| order that the persons procuring their con-
| tinement may carry out some nefarious pur-
| pose-it is time that we demanded the adop-
ton of means for inquiring into the manage
ment of our lunatic asylums
| There is little difficulty in wicked and de.
| signing persons procuring the confinement of
| victim on the charge of lunacy. 1t is only
necessary that they should procure the order
| OF magistrate and the certificate of lunacy
| from two physicians. 1t is a terrible thing to
| think that we have magistrates i'll this city
| so unprincipled that there is no trouble in
inducing them to take action in such matters,
without the slightest regard to conscience or
| Justice; and it is no less terrible to think how
|
scruples whatever about giving certificates of
insanity in cases where it is made their
interest to do so. But that we haze magis-
trates and doctors of this kind there is, un-
happily, not the least doubt. We have also
another class of magistrates--men of careless
and negligent habits-and another class of
doctors-men who are ignorant, and incapable
of properly investigating cases of this nature
who are hardly less to be dreaded than the
unprincipled and mercenary.
| We must have some changes in the law
providing for commitments for lunacy. When
a man is accused of criminal or a civil
offense, he is regularly tried before a court OF
proper jurisdictions he is permitted to pro-
duce witnesses in his own behalf, and to fur
nish all the exculpatory evidence he is able tc
find. Surely, there ought also to be some
effective legal means for guarding the rights
of men and women accused of lunacy. 1t is
not necessary that the means should be of
kind similar to those provided for the defense
of persons charged with violating the law
but they should assuredly be sufficient to pro
vide for standardization, and to secure a saf,
defense against false charges 1t is so terribl,
to learn of such cases as we have recited-i
is so appalling to think of sound-mindet
people confined in madhouses-tha ever,
guard against the possibility of such occur
rences should be secured by legislation anC
upheld by legal penalties.