Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1871-10-06
From the Montpener freeman, Sept. 27
Was He Insane ?

tried in Judge Peek's Court, a synopsi.
of which, or rather of both versions of
the case we give below:
On the 20th inst, at Montpelier, Cal.
vim w. Foster of Moretown, was brought
before Hon. Asahel Peck, one of the
judges of the Supreme Court, by writ
of hebeas corpus. 1t appeared that at
the date Of the writ the said Foster was
confined in the Vermont Asylum for the
Insane, at Brattleboro, and the question
was, whether the said Foster was unlaw-
fully restrained Of his liberty.
On the hearing, DR.. w. FL. Rockwell
appeared and made return that the said
Foster was confined in said Asylum as
set forth in the writ, but that the court
aforesaid had no jurisdiction in the prem
ises and cited an act passed by the Leg
isiature at its session in 1855, page 207,
No. 129, which provides that an exami-
ner shall be appointed by the Court Of
Chancery for the County of Windham,
upon whose certificate of insanity per-
son should be deemed to be insane, and
it is also provided by the same act that
relief in such cases may be granted by
said Court OF Chancery upon applica-
ton OF friend of any patient in said
Asylum.
1t appeared that the certificate Of the
examiner required by the first section of
said act, had been made, and all the re-
quirements of the statutes relating to
the confinement of insane persons had
been substantially complied with on the
part of the examiner and trustees of the
asylum, and therefore Dr. Rockwell.
moved the court to dismiss the petition.
After brief argument by Hon. G. III.
Heath, for the complainant, and the
Hon. Daniel Kellogg and Homer w.
Heaton, Esq, for DIR. Rockwell, the
court held the proceedings properly in
stituted, that the statute of 1855 before
referred to did not deprive the complain
ant of his right to this writ and to relief
under it. DR.. Rockwell and his counsel
Hon. Daniel Kellogg and Judge Keyes,
thereupon retired and the case proceeded.
1t appeared from the evidence that
this complainant was married upon the
first day Of last January to one Madam
Louise Smith, not unknown TO the world
as doctress that the current of their
matrimonial life had not always run
smoothly, Report and averment had i.
that she was soon tired of her husband
and sought some convenient means by
which to rid herself of him at last con.
cluded TO try the insanity dodge" 1t
was also averred that she had allowed
no good chance of circulating the report
that her husband, the said Foster, was
at times insane,' to pass unimproved,
and it seemed that she succeeded n in,
ducing a doctor in Waterbury to make
his certificate that he had examined said
Foster and found him insane.
Armed with certificate, and in com.
pany with her attorney, who, it also ap-
peared, was armed with pair of hand
cuffs which he had procured for use in
case of necessity, they proceeded, upon
the 18th inst. to conduct said Foster to
the asylum. 1t appeared that said Fos-
ter has on aunt living in the vicinity of
Brattleboro, and that the wife of said
Foster, upon the day preceding the said
18th inst, proposed to said Foster that
they pay their venerable aunt visit the
next day. To this Foster readily assent
ed, and accordingly they came to Mont
pelier upon the morning of the 18th inst.
and took the cars for. At North
field the attorney came into the same car
saying that be was on his way to Spring
field, Mass, and would keep them COM
pany as far as they were going. Before
they arrived at Brattleboro, Mrs. Foster.
upon some pretence, obtained her hus-
bands ticket, and with her own, gave
them to the conductor
Upon arriving at Brattleboro they left
he cars, the said Foster not knowing
what place it was. The attorney also
stopped there and procured a carriage,
saying he would go to hotel. But in
'tead they were driven to the Insane
Asylum. The building and its appur-
enanees resembling hotel the said Fos-
er did not suspectwhere he was until he
ound himself locked into room, upon
which he became very much excited,
md with profane language threatened .