New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-09-15
FALSE IuPRISONMEYTS.

FALSE TlPRISONMENTS.
Nowhere is there greater jealousy OF per-
sonal liberty than in Massachusetts,; yet even
there statutes intended for the protection of the
sane against Imprisonment on the ground of
lunacy are not seldom found ineffective. A case
heard in the Supreme Court there last week, upon
habeas corpus, only shows how the grOssest
outrages may yet be committed upon the UNI
protected and helpless. Emeline ThOrndike, u
single woman, lived by herself in Beverly.
Her neighbors saw fit to consider her mad,
although she did nothing more suspicious than
carrying about light at night. Evidence,
however, of madness is never wanting when
community, and especially small and rural
one, has made up its mind that certain per-
son is ont of it. An elderly woman living
entirely alone and troubled by sleeplessness
must clearly be a maniac, and dangerous one.
SO the wise selectmen Of Beverly moved in the
matter with the usual degree of wisdom, fair
ness and regularity vouchsafed to such
august functionarics. 1t was easy to
get q certificate Of Miss Thorndike's
madness from two physicians, and such doc
ument was all that was necessary. The brace
of compliant doctors was found. They made
no personal examination; neither of them saw
the woman; neither of them have ever seen
her; and it was shown that she had received
no medical attendance for seven years. which
we are inclined to consider the best possible
proof of her perfect wit. Armed with GER
tifcate and warrant, bearing the same date,
the constable of Beverly waited three days
and then bounced upon Miss Thorndike just
as she was preparing her breakfast, giving her
no tine for taking any refreshments, except a
cup of coffee which was brought in by pitt
full neighbor. SO the woman was thrust INTO
q carriage and carried off to what is called the
Receptacle for the Insane at Ipswich, which
means, we suppose, either prison or an aims
house
Here she remain ed until Edward Thorndike,
a relative and next frien nd, took out a writ Of
habeas corpus, and compelled her keepers TO
produce the prisoner in Court IL must be
confessed that the proceedings here were also
somewhat summary, although i'll totally dt-
ferent direction. 1t did not require great
while to show that the magistrates OF Beverly,
in arresting and locking up Miss ThorndIke,
had been guilty of high-handed outrage,
and that all concerned in the transaction
seectmen, doctors, the constable, and the
keeper of the Receptacle "-were III imminent
peril of being themselves locked up for kid
mapping or some like misdemeanOr. The
whole business had been a bungling one from
beginning to end, and contrary ankle
to the statute and to common sense,
not TO say one word of common
humanity. There had been no personal ex-
ba laNU bpfOrp
issuing of the certificate, which in this case
merely set forth most falsely indeed that there
had been such examination made, without
stating when. The certificate was void and
insufficient upon the face of it, for 1t was
issued upon the same day with the complaint
and warrant, and there could have been no
time for such inquiry as the Law cOntemplateS;
nor in this case was there any pretense that
the law had been complied with. Judge
Wells At once ordered the release of the
woman.
How many persons are imprisoned for lunacy
upon no better grounds than this Massachu-
sets woman was, we cannot undertake to say.
When such unfortunates happen to have rela-
tives or friends willing to move in the matter,
they are usually released after a longer or
shorter period But how is it with those who
are not so lucky 7-those who are at the mercy
of loose official inspection, and utterly in the
power of their keepers Suppose that Miss
ThorndiSe had been without friend -! or
course, she would have been locked up to-day,
and she would have been kept SO until eman-
cipated by death - and all because gossips
were busy and she sometimes carried about
lighted lamp at night!