New-York tribune., 1872-08-15
LOCAL MISCELLANY.
COMMITMENTS FOR LUNACY.
ARGUMENTS IN IHE CASE OF ROSE /" O"'

APARTMENTS IN The CASE or ROSE McABb'
The case of Rose McCabe came up yes'ei
nav before Judge Barrett on the return 10 '"o ~ -
Aabeas corpus served by Mr.. Townsend on 'ne
sioners of Charities and Correction lCouufo, ol W"
Commissoners stated that they made reVaIu IN Wins
10 the effect that Rose MeCabe was heu III 'e
nd, a commitment from Justice MeQuade tor lo"soS'
-. 81 wits Of Drs Dwight, r. BurraI ana IoiOer'
,bvs,ciaps attached 10 tho BOOmingdale Luhsuc Asy
lum whence she was removed A traverse 10 inns ie
turn was put IN by Mr.. Townsehu, V'Ains 80,
tbcreto on the ground that the coinml'nchV ""S 80
and the rctsrn irregular. Upon requesting MISS MoOaSo
q, $40, tine traverse stated that II was against o
,, ,,,~ o,,cr to sign her maiden name Mr.. TOWN.
.d sx.lained this 70 the Court, and obtained leave l"
go, Tho traverse for the rclatOr Mr.. TOWNSEND re"o
,ac traverse TO the Court in which 1t was demeo '
,ho lator was had been insane OF that she was 'sS
committed. . -
Jnoge Barrett said tbat testimony should now be
taken 10 verify the statements in the traverse I'
Tovpserd r,pled that he should prefer 10 aTgEe inc
ease Oh the question Of Law IS TO the ogahy oi 'no
commitment which, II decided in his favor woeid pre-
vent The necessity taking any testimony ana Wou
cave - Great deal of fme. Mr McKeon, who appeared
for te sisters Of McCabe, thought II best 10 nave
both questions Of law and fact decided together.
The Court stated that could not hear any argument
ur,es II came UP in the rgulaC and intimated
that woud prefer the testimony should be taken
Mr. Townsend replied that habeas corpus proceeding
had preference a other applications, ana ne ue-
s,anded hearing II not, he said, entirely IN the
discretion of the when to take such matter as
The statute expressly PROVIDED th9 suon '5 ~.
heard without delay. He desired tGat the arsumehi
should proceed az once, as tAe lazy was III Oo' anu
The Court held that the traverse brought up the ques
don of fact and II counsel desired 10 have the po' Vi
law decided ne should demur 70 the return . -,
Mr.. Townsend accordingly amended the traIeItS ~
waving Eer rights TO traverse the question OF lSot -
reatOr demurred to the return on the gr9unG VI W
siOncrs joined issue the demurrer ana aIef SC @ de
cusson as 70 the time OF aT2uinS @ tle ~ A. To- day
and that Mr. Vanderpoel, who Whl arrive III t Som ~
night, should reply tomorrow IN DeAal VI '"0 O'''
Mr.. Tovpsend then proceeded with his argument and
sad maj The relsr was confined under commitment
f Poi"e ustce NcOuade He read from the statute OF
ls2i that any magistrates could commit PIeOD ~
iunacy tie application OF committee OF tue unalT
frieuds the Overseer Of the Poor Is!
statute justice was given lurisdlcoh inS S@,"'T @
OF 1872 however held mat eoninmIIen. IN @ VI ,,t
could only be issued tae certificate OF TWO repu,DlS
physicians aud the ahdavlts OF the iIlenls OF tue M
lunatlo, and II required Una" written G to ~
faAen as the facts O the iundcy anu be eu III IS VI
foe OF tae County Cerk Counsel conNnueu tH"S S ~ q
no law by winch ponce lna-lstI"tc f,ht n
,,rrsof 10 a unatc asylum, where he or she might e
held for the period Of her natural me- on t1 nST
znents Of iwo phy sciaua lie sail tl"t U ;i,c tho
court had always been very careful IN examining tue
question Of uuacy and had never, without great Lc
search appointed as committee oi pSlso. Vi Vpry
the intimate friends Of the alleged lunatc A person
besrd and ON arTcal TO tic supreme Court had been
granted trial by Jury TO determine ms sanI5i
ms discharge Mr. Townsend said he would wait before
e further until he heard from the otner sde
Mr. Mex con argued In behalf OF the sisters OF MISS
McCabc that the commitment was quite reguar ne
sald ne had never examined the statutes relating 10
innacy matters very thoroughly, but wOuid give ms
views OF their effect the present question lie thoush
ahat the statute OF 1872 reference only TO commit
lnens to the STATE lunatc Asylum ana ana NOT aHeci
a commitment 10 the BlOOmingcaic Asylnm lie salu
further that knowing the care with which that lnstu
tion was anaEod the managers would not receive
pAucnis without due authority.
This ended the argument on that SIDE and MT Nahuei
pOeI viii reply at II H. to-day.