The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-03-19
LEGAL INTHLLIanNcH.
The Rosenberg Lunacy sjase-Decision OF tn
Court.

ANU h"senoers A1untcy .."se-Decisioh oi the
Court Of Quarter SeSsions-Judge Allison.
This morning Judge Allison delivered the follow
ing opinion in the case of Louis E. Rosenberg, an
alleged lunatic, before the court writ OF habeas
corpus:-
The testimony in this established in the
clearest manner that the relatOr is not OF sound
treatment for the mental disorder with which he is
afflicted. The testimony OF Drs Krkbrlde and
JONES' of the Pennsylvania Hospital for the Insane is
clear upon this point and we add to what they have
said upon the subject the testimony of the eminent
medical gentlemen who made protracted and
critical examination OF the relator the purpose
OF testing his sanity or insanity, we can have no
room for doubt that it is every way judlcous to
tent to give TO him the advantage OF great expert
ence and acknowledged skill in the treatment OF
persons afflicted with mental unsOundness. Doctors
Goddard, Pepper, Ray, Fricke and Keller gentle
men OF integrity, ranking with the most eminent
dephia, agree 'Sf that upon some subjects Ina his
mind is in an unnatural and unhealthy condition;
that his deusions clearly marked and that is
best for the patient that he should remain where he
now Is for treatment with view to his restoration.
Several OF these gentlemen say that in their opinion,
that it would not be safe to himself, II he We're
allowed to go at large free to control his own ac-
tiOns and to follow the incllnations Of mind off its
balance, and impressed with the belief OF the exist
of q conspiracy to restrain him OF his liberty for
property.
The testimony of Dr. Ridgely established the fact
that the relator meditated the taking OF his own
life. Asked the witness to procure poison for him,
to be used for this purpose saying that he wished to
him Asked for prussic acid, and offered to give
money and other property to the witness, II he
II we are to be governed by the testimony the con-
clusion is irresistible that Doctor Rosenberg re-
quires care and treatment such as he will receive in
the institution in which he has been placed; but one
physician, Doctor Bascom, differing In opinion with
| all the Others, and he admitting that he had not
| made a critical or accurate examination OF the
| patient.
1t is, however, claimed that the relator is entitled
| to his discharge because of the want of proper
legal authority to receive him into the institution at
the time at which he was taken to the hospital by
his brother and the physician in charge OF the
Jewish Hospital In this city. The return TO the writ
asserts the presentation to DR.. Jones OF copy OF
proceedings in lunacy taken before Judge OF the
| Probate Court OF Cuyahoga county, Ohio under
| which Or. Rosenberg was declared to be insane.
Dr. Jones at first refused to receive the reator, but
afterwards consented his remaining in the hospi-
tai, with his brother until the necessary papers
could be obtained from Cleveland. The same day
brother left tha the CITY Of Of the
and subsequently sailed for Europe. Under these
| circumstances, and the convection In the minds OF
| the physicians in charge OF the hospital that DR..
Rosenberg was insane, it was deemed Dy them ad-
visable TO take care OF him until the necessary
by the act OF Goth April lS49, received the
27th day of November last DIR. Rosenberg having
been taken to the institution on the 18th OF that
month. The return further sets out that
| DIR. Rosenberg was then regularly entered
on the books Of the hospital as a patient;
for the insane in the Western States, and that the
reason for bringing him to this city was that OF
| the asyums situate In the State OF Ohio had been
destroyed by fire, and that the asylum at Cleveland
was for this reason full and therefore unable to
| ceve him. That the regularly appointed committee
or guardian of Louis E. Rosenberg, approved OF his
being placed in the Pennsylvania Hospital and de-
| sire that he should be kept where he now is.
The act OF the 2Sth OF April 1869, provides, in the
first section that insane persons may be placed in
hospital for the insane by their legal guardians or
| by their relatives or friends, in case they have no
guardians, but never without the certificate OF two
or more reputable physicians after personal eXam-
nation, made within one week of the date thereof
| and this certificate to be duly acknowledged and
| sworn to, or affirmed, before some magistrate or
OF the signature, and to the respectabilty OF the
| signers.
of the peace is In strict compliance with the require
ments OF the first section OF the act OF 849 but there
radical defect in the application to admit Doctor
Rosenberg to the Pennsylvania Hospital. The ap-
plies is required to be made by the legal guar
dian OF the alleged unatic, or by their relatives or
friends in case they have no guardian. The act of
the nth OF June, 1886, section II, Purdon 6S2 de-
cares the appointment OF any committee, trustee,
guardian, or the Ike, by any authority out OF this
Commo. wealth, shall not authorize the person so
appointed to control the person estate OF any lu-
natic habtual drunkard resident within this Com
| monwealth, or to control the real estate situate
| within this Commonwealth OF any lunatic or habit
| ual drunkard, whether resident within this Com
| mOnweath or otherwise.
The application is signed by Adolph Rittberg, who
| was appointed committee or guardian by the Pro-
bate Court OF the State OF Ohio This appointment,
syvania; the act just cited says in so many words
that such appointment shall not authorize the COM
mttee to control the person or estate OF lunatlc
| resident IN Pennsylvania resident is defined TO
be person dwelling or having an abode in place
ior a continuance of time, but not definite. An
Illustration given is that Of public minister, who
resides at foreign court 1t is entirely distinct
Iom the legal Specification OF the term
D residence, which implies settlement, which
A | IN contemplation OF law is question
nSt Of intention S'1 The term as applied to unatit
Drought within this Commonwealth excludes the
dea OF lntentlon for one found to be a lunatlc II
incapable OF forming an Intention to reside where
: In the sense OF acquiring thereby legal residence
or setuemenL IL can have therefore no other mean
ing as employed In the act OF 1886 in its application
n 10 person decuared to be lunatc before he cam
- : within the commonwealth, and who continues TO b
OF unsound mind, than as meaning a person who
. living or dwelling for the time in Pennsylvania