The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-23
TRAIN STILL RUNNING A-MucK.

His Trip TO Utica Postponed for the
Present-Tho Hearing the Writ Of
Habeas Corpus-PrObable Reinvcstign-
tion as to His sanity-Thc Great Judt-
cial Problem Of the Day.
Another act in the meodramatic farce in which
George Francis Train is the principal character,
although mainly q mute personatlon on his part
like the ghost in "Hamlet," was enacted yesterday
In the Supreme Court Chambers, before Judge
Fancher. There was a large crowd present, who
evidently expected something spicy. Knowing the
rrepresslble procIvity OF the great Dictator to
have his cay when brought into court room; but
he simply looked on and listened and said nothing.
The writ OF habeas corpus procured directly the
termination OF his recent trial and the order Of
Judge Davis consigning him to the State Lunatic
Asylum was made returnable yesterday, and 1t
was upon this the matter was brought into this
Court. ~
Mr.. william r. Howe, counsel for Mr. Train, said
chat inasmuch as in the trial of Mr.. Train before
Judge Davis in the Court OF Oyer and Terminer he
the classic walls OF the Utica Insane Asylum was
left him. his client wished to go to the latter place
IN sqer 70 test n se ne or as All
within the hearing Of his voice know very well,
perfectly sane. He then went on to state that at
the tme the writ was issued the commitment had
not yet been made out, that the petition for the
present writ simply set forth that Air. Train was
held without due process OF law
Judge kancher suggested that an inquiry should
be made here as to Mr.. Trains state OF mind.
Assistant District Attorney Lyon insisted on
Dismissal OF the writ and that Train should be
forthwith sent to the Utica Insane Asylum.
Mr.. Howe commended that Mr. Train was perfectly
sane and that the finding OF jury that he was
sane was matter of Court record. lie insisted
further that the second jury did not find MIR.
Train insane. The District Attorney did not fear
Trains physical danger but his great mental
ability, and thus was DESTROYS OF sending him to
Utica, but "no pent up Utica was the place Tor
sucn man. Tie commitment upon which he was
now detained was not returnable at any time like
other commitments, but he did not propose that
Mr.. Trains intellect should be buried within the
walls OF lunatic asylum at any ones caprice.
Mr. Lyon pressed further for dismissal Of the
writ and that another petition be prepared.
Mr. Howe said that this was simply trick for
the purpose OF hurrying Off the prisoner to Utica
before another writ could be issued, and he
claimed, an act Of justice, full trial should be
given Mr. Train as to his present mental condition.
Judge Fancher said that there was no reasonable
ground under the statutes why an investigation
should not be had here as to the present mental
condition of Mr.. Train, and he accordingly ad-
journed the writ till next Monday morning.
Upon the above decision, which was regarded as
quite q victory for Train, though making him q
greater elephant than ever, the latter was re-
moved to his quarters at the City Prison; and,
meantime, another petition Is to be prepared ask
Ing an investigation as to his mental condition.