New-York tribune., 1872-08-16
THE INSANE ASYLUM INQUIRY.
INTERPRETATION OF THE STATUTES RELAIlN'
TO LUNACY.

TO LUNACY.
On Wednesday, John ID. Townsend opeheo
tbe argument on the question raised by mmse as 10 'ho
iegality of the commitment under Whch nose M0O"o0
was first confined in the Bloomngdale Lunato AsSiu"
and subsequently on BlackwePs Island ana was ioi
Ioed Inv Mr. McKeon in behalf Of Miss McCabes sisters
The hearing was then adjourned until yesterday morn
inc 70 allow J. VanderpOel opportunity OF replying
,n bebalf of the Commissioners. When Judge Barrett
egned his readiness to take up the case MT 'ahuer
noel said that he had no interest to subserVe IN
keeping Miss McCabe In an asylum wherein she
had been placed by aAectionate relatives anu
within the walls Of which she would DC
orteA from doing any injury TO herself or others,
and where measures could be taken to perfect her cure
He referred 10 the statutes Of 1920 and lS2 ana con-
tended that the latter statute was passed merely 10
eauize system OF commitment 10 the NeW-horh ot'.o
Lunatic Asylum which was just then about compe'cu
This statute was merely directory and the authorities OF
the ASYLUM we're not obliged TO examine into the SUI
Acency Of the commitment. He cited several cases 10
show that the mere insuciency Of the certificate ala
NOT authorize dismissal Of the commitment ana reau
from the common law English reports the case OF smut
tleworth in which the court held that the conhtmen'
being incomplete was not sufcentto to authorize tne uS
charge OF person who was insane ana VINO snouiu oo
held in confinement Mr.. Vanderpoel concluded by say
ing that he thought he had SHOWN cie'''' VIA" WV ~
plication should not be granted
Mr. Townsend replied that it was a question oil law
and not of sympathy that came now before the court
and IL was not likely that any person would apply ior
the release of lunatc He said the great prlncipio o
Innate asyums was secrecy, on the ground that IL was
hest for the interests of the patients and their enus
and of course il would be to the interest OF the phys
cian i'm charge to prevent any investgatiOnl OF MS
cruelty IT. then the writ OF habeas corpus mas no
mower 10 reach this physician the Supreme Court mas no
nower i'm the premises and the witt OF haDeas corpus
Is of no avail. Counsel had endeayored TO ll9,
Whenever used in the act, meant the
state Innatic Asylum" This cannot De- ior
the phraseOogy of the statute clearly SHOWS that
ali cases of unacy are included in this act This system
Of Innaev commitments, by which man can be seized
and held in lunatc asylum is infamous, and any one
who has ever gone to one OF these lnstutons 10 see
natient with the view of discovering his condition, VIII
he told that he IS sick 10 be seen. few days ago
Gentleman who was confined In the BlOOmlngdaie Asy-
INN appled 70 see the commitment under wmcn ne was
held but got no satisfaction ana went all tnroukn ts
"a Weatchester County but could find no magistrate
Sibo had issned the commitment Counsel urged that IL
was ridiculous TO suppose that petty Ponce Justice
honld have more powers than Judge OF the supreme
Court which would be the case II the opposing counhels
| arguments were cOncurred in by the Court -
| Mr McKeon made few suggestions, and said tnat MT
Townsend had remarked that no person would apply fOr
the release OF lunatic. This he took exception 10, as
he I'm behalf of sisters, contended that Miss McCaje
| was confirmed lunatlc. ., -. - A.,
| This ended the argument, and the Court TOOK the
reserying its decision and renandng the rea-
Tor MIR Townsend stated that he would leave town TINS
afternoon TO be away 10 daye and would like, IL the
Court decided upon sending the facts to be determined
to have some time specified. The Court then, WIN the
consent Of counsel, set down Aug 80 as the date OF
| adjournment.