The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-29

GEORGE FRANCIS TRAIN.
His Case Sent Before the ShcriH's Jury
Investigation To BE Made As 10 His
Sanity-Renewal OF the Train Mat

His Case Sent Before the Shcriff's Jury
Investig alton To He Made As TO His
Sanity-RenewaI OF the Train Mat
fnces.
In Supreme Court, Chambers, before Judge Fancher
The OF George Francis Train Yesterday
hearing his petition asking that the verdict
before Judge Davis the Court Oyer and Tcrniner
Icauitng him Of the charge Of publishing obscene
paper the Train Ligue the ground OF INSANITY and
asking writ de unatico inqurendo Mr. Train n
Court accompanied by his counsel Messrs w. +. Howe
and Clark Bell while oppose the application there APP
peared District Attorney Phelps and Assistant District
Attorney Lyons As might be supposed, the room
was crowded
Mr. Bell in opening the case stated that they stood
ready necessary to strengthen the petition and
panyng aidavits by other evidence the sanity Of
Mr. Train.
Judge Fancher asked when the investigation should
proceed.
Mr. Phelps said that he desired make the preliminary
suggestion to the Court that at the present time such
as that asked could be had The pris.
stood under the commitment o the Court OF oyer
and Termner The Court has adiudcated him 10 be in
Bane and ordered HIM TO be sent 10 the state Lunsc
Asylum As soon as he came under treatment in the
Asylum he became under the statute, patient OF the
criminal class and his insanity might then be inquired
Into. and in Of his recovery he might be duly dis
charged II an investigation was however, TO begin
khee was nothing al the conclusion of proceeding
prevent another being instituted before another magis
tng with the order OF the Court committing him in
sane asylum To be patient the criminal
necessary ne should obey tins order the The
reason lie urged was OBVIOUS, in the institution
the managers were ia position Ia facts
khe case, and could furnish ground upon which an
Inv estigato could be based ~ -
Mr. Howe insisted that If Mr.. Train be now declared
that ended the whole lie wa he nrgru AZ
This moment patient OF the criminal III he p sane
II would be great cruelty to commit HIM. -
MIR. Phelps asked In they 10 presume That ho
was insane, after solemn adjudication OF the Court
that he was
Mr.. Lyons, after reading the commitment commended
That there adjudication made by officer VINO
had authority TO make IL at the close the trial
when the defence Of insanity was nierposed by the prs
counsel He did not prefer the Court should enter.
the present proposition. II they had come into
Court and showed probable cause that he had become
sane since the ADJUDICATION OF the case II would be
proper
Judge Fancher said that understood that the order
bad been delivered to the sheriff and that lie
In the custody 81 the sheriff under that order.
Mr.. Lyons-Nes, SIR.
Judge Fancher added that the petition presented
him stated ana alleged that the prisoner
That was accompanied by the affdavs OF DR.. Nea the
physician OF the Iombs, and OF the warden both OF
whom stale that the petitioner s and that IL would
be safe and proper To allow 90 al large. Upon
that the question was raised whether Justice the
prcme Court has power 10 now make inquiry his
sanity The statute provided that Grim
final class may be discharged by Juscc OF the supreme
Court IL upon due investigation IL shall appear safe
legal and to make such order under the petition
relf and had doubt that the Judge has urslic
zion OF the such petition as that presented and
perhaps lac might 90 further and say that IT was the