Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1872-09-13
Habeas CorpGs Case

HFLeAtE q ANOTHER INNATE O. IHr STATE
INsASE Asylum.
\ bcsring took place Thursday forenoon Before
Julee Smslley, Of the U. 5 District Court, IN
the c.se of Rev. Peter H. Shaw, who Has brought
before the Court, on a writ Of habe=s corpus
Issued upon the petition cf r. H. Start, Esq
Mr.. Sh.w's ccunsel. The petittion reciiel that
Rev. Mr.. shaw Is sni hsd been for 20 years
citizen Of the State Of New York, residing in
Brocklyn ,hst he h.d been confined Tor several
years in The Vermont Insane Atyiun, st Brat
leioro, on 4. claim that he was insaue; but thst
he e and ever has been sane, and the Issuance
ofthe writ i, prayed for, 10 the end that he may
be DISCHARGED and restored to hit liberty.
Judge Sm.lley accordingly i,sued writ Of
habess corpus, by which Mr.. Shaw Was brought
before him this forenoon. W. II. Rockwell, Jr
Superintendent Of tie Asylum, also sppeAr-
81, with his ccupsel, Wm. G. Shaw, Esq.
Dr. Rockwel's answer to the petition was that
in obedience to the writ he had brought Mr..
Shaw; that the said Shaw was fent to the asylum
March 18th 1867, by the Oyerteer Of Poor, Of
Barnet, Vt, setting by order OF the SelCctmen Of
that town, as an insane poor person; and at
such he had been supported in the asylum BY
the town Of Bsrnet; Furthermore, that, in his
opinion, the raid Shaw hss teen, and is, insane.
IS to whether ShsE wss citizen Of New York,
Dr. Rockwell said be had no knowledge.
The reply 80 this denied that Shsw is or
ever has been intane. and stated that he had re-
sided in Brooklyn, with bis family for 80 years.
thst he wss temporarily in Barnet, on WRIT,
when taken to the asylum, and that his cOnfne-
ment there was believed to be with the conniv-
ance Of one Ira Beard, his son-in-lAw, Beard
having control of sn ssnnui,y belonging to
Shaw.
Judge Smslley remarked to DR.. Rockwell's
counsel, that the burden Of proof lay on him to
prove that Shaw wss resident of this state, if
that should be claimed. and to prove his in,an-
ity.
Jadge Shaw stated that Mr.. Rockwell was net
Authorized to take any action in behalf of the
town Of barnet, and had no interest to prove that
he wss resident of this State, or 10 retain
charge of him, except so far as to discharge the
duty Of the asylum to the selectmer who had
zen; aud supported him there. He suggested |
that delay to give time to notify the town of
Barnet might be desirable.
Judge Smslley ,2il that while the town Al
thoriies had no legal claim to be notified Of the
proceeding, he would grant delay of the hear
ing for forty-eght hours to give them time to
appear il they wished; that the United States
laws were 80 jealous Of the liberty OF the citizen
that they did not permit him to delay exsmina-
ton and decision for over four days. In this
case he thought forty-eeht hours delsyismple, if
any was desired.
No request for delay WAS made and the hearing
went on. Mr.. Shaw was requested by the Court
to state his case He said, in substance. that he
va. IS years old, that he had lived with
daughter and her husband in Brooklyn, thst he
was not psuper, but Presbyterian clergyman,
and that the Presbyterian church, having =
fund for the support Of its needy clergymen,
does not permit them to become paupers; that
in consequence Of remarks which indicated that he
was burden to his ton-in-law, be had once
applied to, and received an allowance Of $500
from the Presbytery. which was withdrawn in
consequence of assertions by his relatives that it
was not necessary; that he WIS not insane, and
that there was no insanity in his family; that