The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-09
SUFRim: COURT.
Refnre Nathanlel IaryIs Lr. Rereree

rcLcHDercu Dy Ine TcIleIS VI Tile HERALD that THIS
somewhat interesting case came up before Judge
Cardozo some two months since, as fully reported
ut the tune IN this paper anu That 1t TO
Mr.. Nathaniel Jarvis, OF tue Conm1a Pleas to take
testimony In the matter and report back to him.
Accordingly yesterday evening the case came up
before Tue referee, wlen Mr.. George Shea. who ap.
psared for Mrs. Allea proceeded to call and eXaaa-
Inc his witnesses as follows:--
Dr. Payne, the first witness, testified that he had
known airs. Aien Tor several years. during winch
time her conduct was perfectly sane and rational
anu was SO now, and Llac she Is now perfectly
caaaoe OF controlling ana managing her ow n con-
Germs.
Dr. Albert Hogy was next examined. end testified
thai lie hau OCCASION 10 observe insanity IN all t3
phases; mad Rven special atLentlun 10 tnat depart
nlent; has Known Mrs. Caroline 4. Allen sluce june
last, has seen her W ali nouis and under ali crcun-
stances, without aay expectation on her part aud
nneu she was entirely Oh her guard; MS aItcation
was specially and professionally drectei TO
Acr; his conversation Wiln hef was upon
person perfectly RATIONAL anu her language
cote cut; he couid observe nothing thut wouiu lead
hiai to suppose that she Was Otner tnan periecdy
sane person; ms attention had been oevoted 10
watching her specially, 10 discover symptoms or IN
SAMMY; he deemed her perfectly capapio Oh taking
care or aud managing hef properly.
MS. Admiral taiid.ut testified TO knowing Mrs.
All III BEFORE AMI siace the Ist vi June last; hts seen
her three ioar snes week durlns tns time; had
Observed ner conduct ana CONVERSATION Wnicn has
Always been RATIONAL anu Inteliisens; she mas huca
improved since MAY last; tnnAs Whatever pccu-
b.&ith
Charge oi INSANITY made against her; sue deemed
her perfectly capable OF taGiag Charge OF her PR.
perry more llan most women.
Mrs. hane, uau been visitor to luuatiC
asyiuIns Tor years with view to Inspect the coadi-
tloa tue lnnaGes, testi Ell that sac mad iags
perience IN judging VI the symptoms o Insanity, Sna
hud observed Mrs. Alien Tor weeks anu had 'known
her AZ the time her son TOOK proceedings 10 VA her
cUnulIed her inanuer ana oOnuuct much An-
proved since slay asst since Tue proceedings IN ner
case terilina1ed; has had loas conversation WIN
her with q v.ew 10 discover any symptoms o. Ia.
4. q
To discover any; she mai also spoken Win hirY.
Aliens son about the proceedings, but Iaet, TO dIs
cover III hun particie Oh attachment for his
lnotuer; tue WiLness deemed herself perfectly
caYaule OF distinguishing I'LL insane person, and
deemed Mrs. xiiiea pe.fsctiy sane and capable or
controlling Doth herseil and her property.
Dr. PANE Of 22a tlltn avenue, Gesuided that he
mad practisea or lnlrty years; nal opportunities Tor
Observing Insane persons; hati observed Mrs. Alien
wiLa u w dlsco,er ii she was insane ana ui5
covered evidence Of tnat fact but Oh the contrary
concurred with Oil the o,er Witnesses that sue was
PERFECTLY capable OF taking care OF D0th nerseit anu
Mr. shea, nen IN rcerring to letter rece we'd from
counse. tne westefn part o. The state eX iress
Ing OPINION tnaL tue menbers OF the commission
should be punished, gave tie fo.owng statement Of
Tie circumstances SURROUNDING the pfOceeunxs Iron
ms lazy no matter why or whose fault it Is, has
elther by ner couducl. OF o. the anco Ut
otAefs drawn u on nerseii tle celsure VI PERSONS
Ia the village OF Geuena Deprived ul her LusOaud
some years ago, ana keeping ner son mere Ia a col
lege educating him 1or Clergy man, aud living IN
an econonIca manner IN orjer GO gave tnat BOY an
euucallou, sue Kept herself 10 herself her little cot
lage III Geneva, secluded lroin society there and,
Indeed, not assue!ating as sue should do VIVA those
that we're ABOUT her. she behaved, Us tley sdy, III
uu eccentric manner, living alone IN ner widow mood
and denyinS tie, se the pleasures ri Inc LII order 10
keep sucient out oI her small property 10 support
she behaved IN suci manner, Us they say ,ls
attracted the ateltion Ut some ruue boys belonging
to the college AZ Jnat place. Now hiI iteeree, she
faculty III the use oi her pen, ana during the
aie war used That pen III uelencc Vi some pare5. III
excuse OF others, aud III opposition TO otheis ana
brought upon hei sell from them-certainy onerinx
excuse 10 tnein-Lhe irrtating visits u some VI
those students ON one OCCASION 2oin, 50 lar 10
pant upon her door deatii'S nea1 and uones with
''i>n kiux hian'' upon H. anu shouting as They
passed ter WINDOW, unt at last she was ACTUALLY
driven from thai place, which had been hef suul-
mer's residence, ana lived entirely here IN New
YORK, watch mad Deen her winter, spring and
autumn resIdence Thus sue was entirely thrown
on hefse keep her own little property intact. she
mad the only weapon and snie.d mat she had
ner IngeuulLy-to protect that property and now eff
lee ual were those eAoft5 TINS lae commission tes-
tiles. der son, In Accomplishment OF III old
threat OF his. aneged tails complaint against her,
ayallng himself Of Tue sentiment OF the community
up and her ivIng such eccentric llle winch
had attracted the notice of The people about her.
Tue Case was tried waterloo, and with my mum
bic enc. Is defended ner. The jury found tnat she
was INSANE although that verdict was usatis. actory
To Inc very estimaoo Judge before WnoM the Case
was trieu-Juuge Johnson. 1weive iien We're Sc
lecsed rom Tue neighborng farms aaa II they had
seat twelve calves into the jury box they would
nave as much intelligence aud knowledge oil tno
Case mad the jury Oh that occasion. Under the
practice there - no appeal that verdict; but
lnen, there under the present proCe ding rlxnt
gwen 10 The parry u petition alter certain time,
anu 10 show tnat sne Is comparatively restored II
ever INSANE and the truth Ii thaL Sne never
has been. me court then appointed hr. Van
Houghton, who Is u sort OF cattle negotiation, or
man employed ON the tarin Of TINS ladys own
brother, rs committee. Who that brother is You
can Judge flom one sentence oil his testimony
81 have hated Ter ever since we We're children,
and hate her now."
In that prosecution although this lady's fortune,
as IL is called, Is very small yet the amount VI 500
was charged against her attorneys fees IN the
tie proceedings. And aow was that money raiseds
she had Il lam upon which very little PERSONALLY
BELONGED TO herself, because 1t Was rented. she
had picture5 winch she had been gathering all her
iie-some OF them from her own hand. Ior she Is
skilled III the use vi the brush she hau other things
articles oi pl,ouIerle, aud altogether q tasty aud
comfortable home. Sne nad also clothing Ill Tor the
sunmer wear, togetner with unuerclo mug; but
tbs committee, Without either writing 10 her
or sendug her one aruce OF clothing for tue season,
TOOK ana SOLD even her cotbns, leaving ner during
THIS cold weather wtAout any ram Ut III FOR the
season. They went so lar even To expose Der
understanding AT puDe SALE amid JlDes ana insults,
10 RAISE tins 800, they dee.ilng II TOO long 10 wait
for SAFE OF the iarni. ms lady Is OF class
winch are not very numerous outside TINS city. sue
Ii u nemucr OF tue PROTESTANT Eplscoyai Cnurch, Of
when ner son Is alter fashion, certainly technically
O clergyman. Sue vislLs LnOse services, when Ia
tails cly are cdlled the early services at and
seven oc.ock IN the morning. sac IS there summer
aud winter. Sucn u tnlns as thai with us III this
CITY Is not unusual fur tnls aud other branches OF
tue Catholic church II ~ Lot unlfequent and wound
not with them attract any attention. Sucn things
with us, members VI the Catholic Cburcn,
Ing To a rcvered name wou.d not De noticed, out
WOulu ralner lie Comtnenneu. but up III the l0tahy
OF Geneva where this lady Is from, they would
esteem II AS the widest sort oi Iituai1inK, and
TINS lady attracted attention for so acting. KNOW
OF u clergy inah, whose name l Will not mention,
WAC SAID that she had disturbed the whole Assem-.
bage. t@eD ASKED aim now And he answered.
'Wny, Sir, sne never saws amen but SAYS anen =
Thai IL the manner In Wh,ch tnis woman disturbed
tue people WAC were present. FMS. therefore. Is
oAe OF the very worst cases nave ever heard, aud
1t IL one am VIKING To take very great risk IA.
Ihs Concluded the Testimony, except u CONVERSE
ton 10y the referee with .drs. Allen In reaoa her
aAAirs, walcn seened to satisfy ulu taat the lady
was any hins Dut unatic whatever nef rci gous
views mlgnt oe aud, Doubtless the Report To lho
court Will be IN favor or the lady, and IA order Will
be issued discharglng the Conmlssou anu restoring
Mrs. Allen TO Inc control OF her person and pro-
perry.
IL should be stated that after the order or refer
ence MAD peen glanled Judge DMsrL OF Geneva.