New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-09-06
END OF THE LUNACY CASE.

ROSA MNABE PREJUDJED n eioNN'n-'
The case of Rosa McCabe was resumed yes
terday and the examination Of Dr. BurdcK VINO sSnou
tho certificate on which committed to the Boom
iugdale Asylum, was resumed, w. g. Amman being pres
emit in behalf OF Dr. Brown. A number OF spectators
were in attendance with Miss McCabe's sister, MIS-
IRWIN formerly attendant at Boomingdale; Mrs ryan
natron OF tho asylum at Blaokwell's Island and Miss
Maxwell, ono OF tho attendants. Dr. BurdicKS Cro'S-
examination by Mr.. Townsend was as follows;
O. DO Won recognize tho garb-Mlss McCaoe mas on ON
afb OF the Roman Catholic Churchi A. know notnnS
about the earb OF the Roman Catholic Church
aeen person so called Miss McCabe dressed as she
Is now when visited her persons who as nave DSg1 s
Informed, were Sisters VI Charity were uroS'eu IN u
O. You have stated on your direct examination that
YOU could give in detail certain statements sue o
10 Won on your visits did you pay much attention 70
those statements to those which you say sne nio '.
Not "a much TO the details. 1t was Impossible W
take it ali in and retain IT, as 1t was eoniused anu wan
o. Bid any part Of these statements refer to her past
connection with the Church. or as q member thereoI
A. Yes Sir believe all of 1t my answer IS my uIIccs
testimony OF Yesterday do not recall anything more
o state all she said To you that you reineupl,
ginning at tho first interview and concluding WIN '"'
last.
This question was objected to by Mr. McKeon, ON tho
ground that useless to compel the witness 10 re-
peat the testimony Counsel then went before Judge
Leonard and submitted their views the question, MI
Townsend contending that it was material ana hn'
MckeOn tnat IL nau Oeeu bIcauJ ahShoAONs
Judge Leonard said lie agreed with Mr.. McheonS
views and further he was of opinion, from Miss
MeCabes testimony before him, that she was mono
maniac and that the best place for her was the asylum
where she would be we'll cared for. Mr.. Townsenu TO
piled that since the Court had prejudged the case wtn
out hearing the testimony, he would Withdraw from IL
altogether, and allow his Honor to dispose OF tue
matter Mr.. Townsend then retired aud tho following
order entered:
Mr. for the petitioner, having re-
tired from the case and declined to proceed further WIN
the testimony TO sustain his travers TO the return, on
notion Of culnse ordered that the suit be discharged
and the petitioner returned to the CUSTODY OF 1ho I'm
City OF NewYork.
Miss McCabe on being informed Of the disposition OF
the matter appeared very much distressed and Appeared
to Mr.. Townsend not to desert her. He SAID that nc
would take out another writ before Judge who would
not form an opinion before hand He then told her 10
sit down. and her sister coming up TO her. said: SIT
down near me- and will take care OF YOU" on no"
was the response "I lost all confidence in you when
Won took me to the asylum under preense OF taking me
10 see my DYING sister" The attendants then led her
away after she had taken leave Of Mr. Van Week. who
told her keep her as she would DC reesou
soon Mr.. Townsend makes the following statement;
This case came up day or two since before j udge
leonard and Miss McCabe was examined ana cross,
examined at much length, being on the witness stand
three hours and answered. far rs has yet appeared ID
a perfectly truthful and coherent manner asked one
Of the medical to repeat what Miss mcCaDe naq su
10 him on one visit he had made her and Mr.. McheOn
objected on the ground that the doctor had gwen tu
statement on his direct examination We went before
lie Court 20 argue that In deciding the question
against mo- Judge Leonard took occasion TO say tbat ne
had read the doctors statement in newspaper, ana
that when he Miss McCabe on the witness stand MS
ippresslon was that monomaniac, ana tnat no
fault could DO found with her sister for placing her IN
fine ASYLUM No evidence whatever has been introduced
10 dsproye the statement Of Miss Rosa McCaOe ana Tue
remarks of Judge Leonard at the time c0nsldereu
wholly unwarranted and out OF place. Having stated 10
Judge Leonard that would not try case before Judge
who had prejudged the matter remarked that reueu
and for the present would leave Miss McCaoe 70 suGn
disposition as thought proper to make shali Apply
for writ to some other Judge who can wait uhtl the
evidence is produced before he expresses az ieast S