The New York herald., 1872-11-22
THE ROSE N'CABE CASE.

Summing Up OF Counsel I'm the Judicial
Investig alton as to Her Sanity-Divers
Legal Conclusions from Diverse stand
pofnts-The Judges Decision to be
Given In q Few Days.
The judicial investigation as to the sanity OF
Rose McCabe, otherwise known as the nun Sister
Mary OF Stanislaus, has, after several weeks
examination at stated intervals before Judge
Sedgwck, Of the Superior Court, about reached its
close. Several hours were consumed yesterday by
the opposing counsel in summing up,
SHOWING MISS M'cABE TO BE INSANE.
Mr. A. J. yanderpoel, counsel for the Commis.
sioncrs Of Charities and Correction, opened the
argument. He insisted that the Commissioners
had no interest whatever in the detention Of
Rose McCabe In The Lunatic Asylum at
Blackwells Island. One thing was certain
that she could only be discharged by
compliance with the statutes regulating such
discharges. She had been transferred from the
Bloomingdale Asylum to the Backwell's Island
Asylum because they did not care at the former
institution to be annoyed by writs OF habeas cor.
pus He doubted the legality OF the mode adopted
TO eject her release The statute pointed out the
remedy and it was his duty to urge the use OF such
claimed claimed that the preponderance Of evidence went
to show concluslvely that Miss McCabe was insane
Her story as to Father McAleer was, he urged, a
plain delusiOn. There was not WORD OF truth, he
McAleer. Her visits to him since and the friendly
relat1On6 eXlSIuS UtVWtcu tucm gave " HdI COutIA-
dlction to the story. II her story was true she
would have avoided his house rs plague spot
He claimed that all her stories about persecu-
tiOns by priests were also delusi0ns. In c0nclu-
sion he referred to her own testimony and man.
ner on the witness stand as giving all the proof
required as to her insanity, and characterized as
simply ridiculous her story about living three
weeks on starch and one week on cup Of tea and
crumbs Of bread.
SHOWING HER TO BE SANE.
Mr.. John ID. Townsend, the counsel OF Miss
McCabe, opened his argument In reply by rcciting
all the circumstances connected with suing out
the writ OF habeas corpus in her case. He insisted
that the laws Of 1s42 applied to the BloOmingdale
Lunatfc Asylum, and that under those laws she
was not fairly within the Jurisdiction OF
the asylum. He recited the statute providing
that no person could be held In . iunatic
asylum unless "furi0usly mad or SO far de-
ranged in mind as to be dangerous to her
own person or the persons or property OF Others.n
He claimed that she was neither OF these, and
therefore entitled to her discharge. He also re-
viewed the testimony, and insisted that most OF IL
went decidedly to show that she was not insane.
He believed implicitly her story, because he did not
believe that priests were immaculate but only
men. He would not urge to have her discharged
and thrown upon the world. There were public
institutions where she could be sent and properly
cared for. All he asked was TO have her discharged
from the Lunatic Asylum, and II necessary, send
her to the P0orhouse.
At the conclusion OF the argument Judge Sedg-
wick took the papers and announced that he would
give decision in few days.