The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-12-24

George W. Draper was sent to the Hospital many
years ago by his father his mother then being alive;
during the lifetime OF both father and mother for
ten or fifteen years, he remained in the asylum. At
the death OF his father, proceedings having been in
lunatic. The report OF the commission and jury OF
inuuisition was led on the 25th OF March, 1865. on
the same day the proceedings were confirmed by the
Court; his brother was duly appointed committee OF
his person and estate, and gave adequate security,
which was duly approved by the Court
These proceedings were instituted under the ad-
vice OF the able and udcious for the estate
of the father Mr. Joseph A. Clay. BY the will OF
John Draper the father Of George, the property OF
this s placed in trust for his life for his mainte
nance and support, with remainder 10 his other chill
dren should George die without ISSUE 1t is agreed
by all parties before me that George W. Draper is
now demented, and that he cannot be trusted IN or
out of the asylum without "care. .taker."
The evidence eatisnes my mind that the family,
and especially the committee OF this unfortunate
gentleman, have acted from the purest motives and
comfort and support.
The vigilant and efficient junior counsel for the
reator Mr. Warmer, and also his senior colleague,
David Paul Brown, ESD, lwhose eoquence and
strength, not yet abated by length OF years, still
expended in defense OF personal liberty, both sur
pTised me when they limited at the probability OF
mercenary motive being at the bottom OF the con-
tinued confinement OF George, and also complained
because the interest Of the trust fund had been made
to support the patient.
The object of the father in creating trust was
to provide permanent fund for the support of his
unfortunate SON. and this money has been faithfully
and wisely expended for that purpose; and the idea
! that the brothers of George continued TO condne
I'M ~, t'c
totally at war with the admitted fact OF his actual
| imbecity that 1t hardly requires consideration.
Can it be possible that 1t ever entered into any
mans mind that an individual who for fifteen years
Of his fathers life was an admitted mbecle, and
continued could enter into contract OF marriage?
The policy Of the law, for the obvious reasons
| ought TO condemn any matrimonial engagement OF
| the nature suggested
But il is said that an experiment ought to be tried.
| We ask, how is this to be done?
The committee has perfect right to say that the
patient cannot live at his home and he must be
the sole judge OF his own action in this respect for
moments consideration will satisfy any one that his
! reasons may be OF the most substantial nature.
strangers then must take care OF George, but how
is this to be done and where, we again ask. He must
| be under restrainst somewhere, all admit Is it
likely that outside of an institution specially adapted
to the wants Of the demented he will receive that
care and attention which his condition imperativey
demands?
But we are urged to take the responsibility. All
this is well enough in argument, but can we forget
from her beoyed son for ten long years. and all for
his good, although 1t tortur ed ner maternal heart
Shall we not remember that his father, driven by the
irresistible logic OF facts, placed his offspring in this
institution and with most provident foresight esta-
blished trust, and thus to this day exercises pa
| rental control?
No brother or intimate personal friend asks for our
| interposition.
TO take proper and Just responsibility in such a
| this requires not bravery, but courage: moi
that quality which sometimes degenerates into teme
rty and is reckless OF danger but rather that other
quality which is the result OF reflection, and Is always
| cool and collected.
Where our path of duty is plain, we ought judi
| cialy TO be courageous, not brave.
| Bowing to that mysterious dispensation Of Provi
dence which has deprived this man OF his reason,
we return him to the hospital, in the hope that al
| some future time. his committee ana physicians
may be able to restore him to society, permit him
| without injury to be removed from the asylum. II
this lingering hope shall fail, then in returning this
patient to the institution, we soemnly charge those
who shall have him in their keeping to deal very
enderly with him. as they shall answer for it here
| ana hereafter; TINS gently led his descending path
| way shall be smoOthed, aud human sympathy, evel
| watchlu will continue to surround and follow him
thn ha MT in fNpatn hic .lionpn
bodied spirit freed from the clog of its earthly
| ment, shall he ushered into another world.
There, our hope and faith teach us to believe tina
reason will resume her sway the apparent inequali
ties of this mortal life shall be adjusted by DIVINE
wisdom, ana this now c0uded intellect will deveol
capacities for culture and enjoyment as boundess a
| they shall he In Duration eternal.
| Nisi Prius-.Iudge Williams.
| In the case of McElwee Vs. the Philadelphia ant
| West Chester Railroad Company, before reported
the jury rendered verdict for plaintiffs for $1,000