The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-15
THE PARSEE MERCHANT LUNACY CASE.

The Ruling Of the New York Courts sus-
tanned I'm characterization OF the Bonn
bay Lunatio Asylums-Bomonjce'sW ifc
Entitled to tho Administration OF
tho Lunatic's Estate-An Interesting
Finale.
1t will be remembered by the readers Of the
HERALD that some six or seven months ago a
Parsee merchant, named Bomonjee Byramee
Colah Parsee merchant travelling in this country
and having In his possession great wealth. and
while stopping at the Norman House was pro-
ceeded against as lunatic. The was brought
into the Courts here, and there being sufficient
evidences of unacy, the friends OF the Parsee in
! India we're communicated with, when mad the
effect of bringing about a somewhat protracted
litigation Eventually, by order Of Chief Justice
| DAILY in Common Pleas, Bomonjee was sent, in
proper custody, selected by the Court, back to
| India. There the case has been revived, with the
result as seen In the subjoined report OF the pro-
| ceedings connected Herewith in the Court at
Bombay
terday in the matter Of Bomanjee ByramJee Cofah,
a lunatc, on the application made Monday last for
the appointments OF committee OF his person.
Mr.. Latham, instructed by. Messrs. Craige Lynch
owen, appeared for Heerabaee and Framjeee Dos
sabhoy Cursetjee Wadia the wife and father-in-law
Of the unatic. Mr. Marriott, instructed BY Messrs.
Byram]ee and Cowasjee Byramjee Colah, the luna
tics brothers.
the nature Of the application and IN order enable
the Court to state clearly the grounds which it
e the Ss OF es Se ass
the lunatic In Bombay. There could be ques-
ton, his Lordship said as to the jurisdiction Of
the Court, which 1t derived from the amended
Letters Patent, the Charter and Act "a Of
1858; and 1t had full power to make the order
Having received and considered the evidence adj
duced before him, his ordship had reported that Boz
monjee Byram1ec Is OF unsound mind, and Is inca
pabe OF managing himself and his AFFAIRS. No mo-
ton had been made to set aside the finding, which
therefore remained on record. On perusing tho
learned judgment
OF CHIEF JUSTICE DAILY,
given In the Court OF Common Pleas In New York,
1t appeared to his L0rdship that the learned indigo
was under the erroneous impression that there
was good lunatic asylum at Bombay; and ne pro-
bay by Major Constable, he (BonnonJeel was to be-
handed over to the superintendent or the asylum.
asylum SSw showed clearly that Il would
highly unadvisable to consgn this unfortunate man
sent state Of the bombay asylum, it was quite evil
dent this Court would not consign the lunat!c
within the four walls q T. It appeared are that there
OVER TWO Laos OF RUPEES,
in the hands OF an oflcer OF the Court at New
York. The question that remained for considera-
tion was, who should be the committee or commit
tees OF the lunatic's person. The principle on
ps IN anac n n
objected on behalf OF the lunatics brother that his
WIFE, aeera6aee was not the proper person to
could not be denied that she would watch over her
husband better than parent could; she was not
as one saw sometimes In this country She was
about twenty years, with two children, and his
erly over her husband. She was said to be edn-
Gated, able to read and write Guerathi, and her
signature appeared to be In better handwriting
in the case. "a augh his iordship said he would.
therefore, follow the practice, which was adopted
HeeraSaee the Wiz committee Of Snd the Papnatcs
person, Jointly with DR.. Dossabhoy Bejonjee unless
enc preferred the other medical gentleman, named
DIR. Kustomjee C0wasjee Badhurjec. The duty cast
upon Major Constable by the nx
from the report and from the whole Of the pro-
6s i n Trust m Ssa faithfully and
h0norably executed; and his L9rdsnlP nsu o ~"
doubt that the hst % gysnse 70 him for having
from motives Of humanity, undertakch 'ns T SasG
this frendess strang sno II bsn Consul in New
York and others portion o. tnt cItv ANA the
hotel sGeP Sonan
for the oficious interference Of the brothers. His
not ua s " %
pcatioi OF the lunatics fathern-law to be allowed
70 bring him and the assets TO bombay But ior
saye been made to the estate Of the unac Il
was was stated that there was litsation between the
their Conduct should not therefore, be lost sight Of
in the appointment Of the committee. The c0nduct
of Heerabaee and her father had been most praise
Sworthy, and 1t was In consequence OF the lattera
going TO New York that the iunatic had been safely
restored TO hts native place. The courts, there
fore, ordered that Heerabaee and Dr.. Dossahhoy
BeJ0nee be appointed q committee OF the lunatic's
person. The brothers should pay their own costs;
the costs OF Heerabaee and her father should be
paid out Of the estate.
Mr., Latham said the lady would prefer DR.. Dossab-
hoy Benonjee 70 the other medical gentleman
The Judge said he need scarcely add that Major
Constable would have every facility in obtaining the
documents necessary to show that he had faithfully
daachaxeed his trusk