The New York herald., 1872-09-06
SISTER MARY OF srAN1sLAUs.

Inc EXAMINATION A0EURt1y OI1mAm8soA-
Counsel for Miss McCabc Rettres from
the Case ON tho Ground OF Alleged Frc-
Judgment by the Judge-The Present
Writ Dismissed and Another To He APP
Piled For.
| Another and larger crowd assembled yesterday
morning to hear the third days examination before
Judge Leonard, OF the Supreme Court, to test the
Sanity Of Rosa McCabe, the nun, or asshe s call ed
in the nomenclature Of her Church, Sister Me.fy of
stanlslaus. Miss McCabe appeared as heretofore
dressed In the habiiments Of Dr order and, as is
unnecessary to state from the publicity given to the
case and the crcumstancesbf special interest sur.
rounding it, was the centre Of general observation
Added to the array OF counsel, Nessrs John D.
Townsend and John W. Weed for Miss McCabe, John
McKeon for her sister sand Mr.. Smith for the Com
missloners OF Charities and Correction, Mr.. william
G. Amman was preseYt to look after the interests of
the Bloomingdale Asylum. r'r;. e~
REsuMINqy THE MEDICAL TESTIMONY.
DR.. Stephen y Burdick was recalled, and his
cross-examinatyon resumed by Mr.. Townsend. He
testified that Ee did not know whether the dress
worn by Miss fMcCabe was the gard Of the Catholic
Church; by had seen persons called Sisters Of
Charity II Miss. McCabe was dressed, when he
visited DeE 10 dress similarto the one she wears
now inp6uurt; her ssatemonys to hlm were confused
and yasderipg,
O. Did any part Of those Statements refer to her
permanent connection with the Church or any
member thereofs A. Yes sir; believe all Of it.
Q Do YOU remember all Of III A. Yes, but not
In detail. NJ, -.
q. Please state all that You remembers A. My
answer is my direct Testimony ofyesterday; don't
recall anything more, ss ~ l.,
Q. State all she said to you, that you remember,
beginning e ths frss lntsryew and concluding
81 ABnufT ns' rnnnnAriSa OF PROCEEDINGS.
Mr.. McKeon. objected to this question as COMPEL
ing the witness to repeat In Detail the evidence
given in his direct examination.
| Mr.. Townsend insisted on the question.
Judge Leonard conclded with the view taken
by Mr.. McKeon, and said that asking the witness
to go in detail what he had stated In his direct
examination was unnecessarily prolonging the In
vestigation. He added that, after hearing Miss
McCabe's testimony, he had decided that she was
monomaniac and that she would be best taken
care Of in the LunAtic Asylum.
Honor has pre}adSea the case viii retire nom it.
Mr McEeon very coolly(II move to dismiss the
"Will the counsel pretend to say that any consptr
acy existed between any priest, doctor and the
sister Of T. Miss McCabe to send her to the lunattc
Mr. Townsend-I am not called on to answer.
Mr.. McKeon-7I insist on an answer. a.
! MIR. Townsend-I decline to answer p"
Mr.. McKeon- 1T Is all humbuggery and has been
so from the beginning to the end, and had better
NEXT STEP IN THE PROGRAMME
or course there was was some excitement 0 at . the
an application for another writ Of habeas corpus
suit to Miss McCabe. Her face fushed and she
seemed deeply moved, and expressed regret at
being obliged to 90 back to the lunatic asylum.
at viii be all right my dear" said Mr.. Van
Week lad addressing 1s aus her. keep up good heart"
h0Ds sas osS D1sSlssIsa ss %esRy snE TaT ansEered
Mr. LAYING his ps for The he
directly the following orders 70 Judge
which the latter promptly signed:-
I'm the matter q the hsSeas corpus to discharge
having retired from the case and declining to pro-
ceed further with the testimony TO sustain his
Of counsel, ordered that the within writ be dis,
missed and the petitioner returned to the custody
OF the Gom%ssIoners N o Charities and Correction
MR. TowNsEND's STATEMENT OF THE CASE
MI Mr. T Townsend ,S has written the following state
In the matter OF Rosa McCabe.-This case came
sGe nss
great length, being on the stand three hours, and
far s It s Ss II per
examination Mr.: McKeon expressed desire out Of
the regular order to take the testimony Of two ply
scians he had subpGnaed and who were obliged to
leave the city. consented, and their examine
tion continued an day Yesterday. This morning.
men to repeat what Miss Mcoabe had said sii to him
on one VISIT he had made upon her, and Mr.. McKeon
| ODJccJeu Ou tuc RTOuuu tHdb Jue DOCtcT uuu given
full statement on his direct examination. We
went before the Court to argue that motion. In
deciding the question against me, Judge Leon
ard took occasion to say that he had read the
Doctors statement In newspaper, and that when
he saw Miss McCabe on the witness stand his i'm
preston was that she was monomaniac and that
no fault could be found with her sister for placing
her there. No evidence whatever had been intro
duced to disprove the statements OF Miss Rosa
McCabe, and the remarks of Judge Leonard at
that time consider wholly unwarrantcd and out
place.
Having stated to Judge Leonard that would
| not try case before judge who had prejudged
the matter remarked that retired, aud for the
present would leave Miss McCabe to such DISPOSE
tiOn as he thought proper to make
shall apply for a writ to some other Judge, who
can wait until the evidence is produced before he
expresses, at least, his opinion.
JOHN D. TOWNSEND.
| TurRsDAy September &. 1872