The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-08-15
THE McABE HABEAs CORPUS CASE

r'urther nearing BEFORE Judge Barrett,
OF the Supreme Court-Arxuments of
Opposing Counscl-Thc Law Touching
the Commitment OF Alleged Insane Per-
sons.
The case Of Rose McCabe. otherwise known as
Sister Mary, Of Stanslaus, came up again yester-
day morning before Judge Barrett, holding Supreme
Court Chambers. Sister Mary was present as on
the previous day, and dressed then In the sober
habliments OF her order. Several lady friends came
into court with her. A large crowd was In attend
ance, showing the growing interest felt In the
Case First In order after the case was called upon
was the submission ola
RETURN TO THE WRIT OF HABEAs CORPUS
on behalf OF Commissioner Bowen President OF the
Commissioners of Charities and Correction, to
whom the writ was directed and who as will be
remembered, made no return to the same, and was
threatened on attachment for disobeying the man
date of the Court. The return set forth that Miss
McCabe was held under commitment of Judge
McQuade, and that 1t was supposed that all that
was required in answer to the writ was the produc-
ton Of Miss McCabe in court. Next followed
TRAVERSE TO THE RETURN.
which was submitted by Mr.. John d. Townsend
the counsel Of Miss McCabe. This traverse was In
the nature OF an exception to the validity OF tho
commitment. the same being claimed TO be irregu-
lar. Miss McCabe being requested to swear to the
traverse, left her seat at the farther end Of the
court room and came up In front Of the Judges
bench. Mr.. Townsend stated that the rules Of her
order prevented her signing other than the name
she adopted on entering the ORDER and
asked permission to swear to the return himself,
which the Court granted. In this traverse Miss
McCabe Denies first the statement set forth In the
commitment that at the date Of the commitment
she was insane and dangerous to herself or to the
persons and property OF Others second, that she 10
now insane or dangerous to herself or to the per-
sons and property OF others, and third that she s
legally held, In that no power or authority is given
by law to police magistrate, by virtue of a COM
mitment like that in her case, to commit person
to an insane asylum. After reading this paper
Mr.. Townsend desired to argue the question as
to the
LEGALITY OF THE COMMITMENT.
Mr.. McKeon said he would prefer to have the law
and the facts tried together. The case was one of
Importance and the probability was that hundreds
OF inmates Of the lunatic asylum on Blackwes
Island are detained there on similar commitments.
1t was a subject with which he was very little
familiar, and he desired the presence Of Mr.. Van
and Correction, who understood the subject thor
oughly. He asked an adjournment of the case for
Mr. Townsend said that the case had been set
down peremptoriiy for that day 1t was fact that
hundreds were confined in the lunatic ASYLUM on
Blackwelrs Island on similar commitments such as
that under which Miss McCabe stands committed,
and for that reason he was anxious to discuss the
matter ut once and have the fact of the legality or
otherwise OF the present commitment deterinned.
Judge Barrett suggested that the testimony in
Mr.. Townsend objected TO this, on the ground
that after ter. taking the testimony tin the Court might
trouble might be saved by settling
THE QUESTION OF LAW *fe~
first.
Judge Barrett said he did not think he could hear
the case then owing to other business before him.
Mr.. Townsend answered that this was a case Of
habeas corpus and that the statute distinctly pre-
scribed that cases OF habeas corpus should take
precedence OF all other cases: After some further
remarks it was arranged that Mr.. Townsend demur
so that the case might be argued. rms matter set
tied, and the demurrer being joined by the. oppos-
cSpns ys followed On the sub
Townsend might make his argument at once and
Mr.. Vanderpool respond to-day. The
ARGUMENT OF MR.. TOWNSEND
was very briefly, but p0intedy given He threw
himself wholly ON the statutes .,r,cryv s the
case: This he feci,ed a. Length, and claimed that
ment and care Of persons charged with being in
sane could the present commitment be adusiged
get the single statement OF two men claiming to he
physicians that Miss McCabe was insane, aud she
was al once ordered by police MAGISTRATE to be
was made and no refutaiion allowed OF the charge
OF insanity. In summary way Miss McCabc was
hood, for oil she could do to the contrary OF being
confined there during the rest of her lie He pro,
tested against such hurried,
ILLEGAL AND UBIQUITOUS rROCEEpINgs
Any one could be hurried or to the madhousc
upon the same 0imsy pretext. He read ION Crea-
RVS New York Practice and dened them TO show
any law OF tbs State whereby police magistrate
has the right on the simple statement OF two plysI
clans, claiming to be respectable, to send person
to the lunatc asylum. There was he insisted no !
defect In the law. The defect was want OF CON
folmity 10 the law. He asked that the law be com
piled with, that the commitment OF Miss McCabc be
sdudged as Irregular ana Illegal and that she be !
at once from the luDat.c asylum.
REPLY or MR.. NIXON
TO the argument OF Mr.. Townsend Mr.. McKeon |
made brief response He confessed his want of ia.
marity with the subject, but In short examlna- |
ton OF the statutes applicable to the case he fllt |
assured that the commitment OF Miss McCabe was |
perfectly legal and regular. lie reviewed the laws
referred TO by M. Townsend and claimed that they
fuly supported his view of the case. After calling
attention to the Views upon the subject OF the
late Cuban O. Verplanck, he expressed his regrets |
NJ not being able to go mlly Into the merits OF
the case but left this to Mr.. Xnrdornnnl. =