The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-08-09
BL0OMINGDALE LUNATIC ASYLUM.

A Woman Who Has Been Confined in
the Institution for Eighteen Months
Desires to BE Discharged-Wrtt OF Ha-
bcas Corpus in the Case and Prelimi.
nary Hearing Before Judge Borrett, of
the Supreme Court.
The case OF Miss Teresa Drew. the return to the
writ OF habeas corpus being returnable yesterday
came up this morning before Judge Barrett, Of the
Supreme Court Chambers. 1t will be remembered
that the writ specified that she was an inmate Of
the BlOomngdale Asylum, and the effort was
through the writ to obtain her discharge from the
institution, the allegation being that she was Of
sound mind and illegally restrained OF her liberty.
The
RETURN TO THE WRIT
was made by Dr. Brown, In charge OF the Asylum.
He stated that Miss Drew was committed to the
Asylum under q commitment from Justice Cox
Such commitment, he further stated was based on
q certificate Of Surgeon Hammond that she was
not proper person TO he allowed her liberty. He
added that her admission to the institution was
with the knowledge and consent Of Miss Drews
DEMURRER TO THE WRIT
was made by Mr.. John d. Townsend He insisted
that the commitment was Illegal in form, and the
return to the writ an evasive one. The commit
ment he urged. was illegal, through failing to con-
form to the statute, which requires that, in adj
a.On 10 the certncate OF Two physicians the tes-
County Clerks 0fcc, and, with the seal OF the
Court attached to the commitment verifying the
existence OF such testimony and its deposit In the
office OF the County Clerk. The certificate OF the
physicians that she was dangerous to herself and
others comprised the entire recital OF the commit.
ment. The
BLOOMINGpALg ASYLUM LAWYER
TOOK exception that the brother Of Miss Drew had
not been notified OF the present proceedings as re-
quired by the statute he having an interest In her
detention In the Asylum As to her detention or
otherwise he insisted that the Officers or the insti.
tuition had no possible interest. Her brother had
given bonds for her board, and, Of course was an
Interested party and entitled to notice. Mr. Town.
send in reply
PITCHED INTO THE BROTHER
unsparingly. He claimed that II this brother had
an interest IN the matter he was under the cjrcum-
stances surrounding the case, the last person who
should have the ear OF the Cont. They came here
prepared to show what the condition or Miss Drew
was when committed to the institution and he in
sisted that the Court should render its decision on
this evidence alone. There was eth
FURTHER EXCEPTION TO THE RETURN
on the part OF Mr. Townsend In that while n stated
that Miss Drew had been insane at some prior time
during the eighteen months she had been in the
Asylum, IL did not aege that she was now insane.
OF her sanity, and the Onus probondi rested on the
respondents TO the writ 10 show such present in.
sanity as to warrant her detention.
EXAMINING TIER LAW.
After some further remarks Judge Barrett stated
that he wished to examine the statutes applicable
10 the case and to give the time requisite ordered
the case to stand over till next Tuesday. During
She Is about forty-nve years OF age and OF comey
appearance, and was neatly but plainly dressed.
Sne gave close and evidently intelligent attention
10 the remarks In her case.