The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-12-02
JOHN SCANNELES INSANITY
the VIEW L1W REoUTRING DETEN-
JION AFTER 4CoJIrTiL.
Jsase pnrrctt apa Nir. ncach ut VARIANCE


Judee Barrett and Mr.. Beach ut Variance
The Difference Between Auburn md Utica
-Scanncll to Go to the Utica Asylum.
John Scannell, in accordance with the
direction of tho Court when on Saturday he was
acquitted on the ground Of his insanity, was
taken into the Oyer ana Terminer court room
yesterday for final disposition under the new
law applicable TO such case. Sc inncll seemed
very cheerful as he sat chatting with his wife
and sister. Tho court room was filled with in
terested spectators.
Judge Barrett said he had felt some embar-
rassmcnt at nrst, on looking at the statute but
had now come to a conclusion. The thirty first
section, his Honor continued, provides that
such criminals be sent TO some State lunltlc
asSlum," there TO remain until Supreme Court
Judge shall deem II proper to DISCHARGE him.
The twenty-second directs the Judge to order
inquiry rs to whether tho insanity co-stinues.
lie was doubtful Whether he should commit the
prisoner FOR observation, &c. as the thirty 0rst
| section directs, or make the Inquiry himself but
these doubts were removed by a stlll ter
amendment, chapter 5i2, Laws 1875, striking
| out section twenty-five, which directs the court
To inquire, and substituting an amendment (:
9TH, cost of any commission OF lunacy issued by
the court shall tie charge upon the county, &C.,
and the rest Is omitted. Section 81 Ia amended
| W ANob NhthcNti btAoDu aNthafh VI Auc
crime OF arson or murder shall have been ac-
Quilted on the ground OF insanity the Jury shall
bring In a special verdict, and 40 state In their
| nn ing; ana tho court shall order such person
| 70 be committed TO somc state lunatic asylum,
| there to rcu ain Tor observation and care until
| such time as n Justice Of the supreme Court
| rhall deem IL safe and legal to DISCHARGE htm."
| THIS W "a mere amcu1me At, throwing tine bur
den OF inquiry as 10 the continuance OF insanlty,
not up the court, hut some proper asvlum
| =" shall, therefre, continued the Judge, :" as
| should h We done on Saturd ~ evening IN had
had oppcrtnnity Tor this investigation, order
| that this prisoner bc-to use the language of the
| statute committed 60 the State Lunatlc Asy-
lum for the insane criminals at Auburn, there to
| remuin for observation and care until such time
AS in the judgment Of II Justice Of the supreme
Court. founded upon satisfactory evidence, IL Is
safe, legal and right to discharge him."
Mr.. Beach Honor, the prisoners counsel a-d
friends concur IA your 1nor so See;en for
tn,re are Indications enough ABOUT hin Justify tnc
cant ~ caTe,nl and eIiisa scrutiny by se ON ilsh
Sscs S T soR I T, h ~. S9e rv s.S ne bsyo not &
quilted him Of Mi criminaity he d,scrction Of the
toi would be exercised. Nhcn there arc otner safe
mon IN association OF insane c0nvics aud his COUNSEL
& se, d s y aaG m 'S rcSssnes. Ts'' +. shoTd s
JaSsc Iafre faSt IL ny Judgment is not called for
Iae choice Of sne sSiym IN NY lsdsment rests
lay ths cannot be turned into ANYTHING except an
sIs1sI Ss ne 5' LSdeT S1 es GHHa
seems 10 me. OF an llssne criminal ltsa matter of
ss- be chosen end ,his Que SAs shoson to i9lI?w .u
isA better asylum than the Others, don't know, l
Mr. Beach Permit nc 10 protest against tho idea OF
your Honor that Mr sc-nncl TO he cOnsi Tered
snnc criminal The Jury nave acQuitted HIN OF criuc
ON the ground OF insanity AID our state law Is
that no lnssoe man snail De convicted OF eoLsld-
uctory that Indicted citizen uttci ~ the oen
on the grOuud Of insanity shall heycIthess be CON
ments OF the ssy lim for insane conyicts at Auburn.
only that Is connected vita the state prison,
and that those adJudsed guilty admit
seis soaassi AM fciSti1es SScS have eSpressed
arise from the circumstance that being aeoutied OF
crime II seems somewhat harsh and degrading. when
n hsrTlton ~ ~ ~ IN S.r
be should he sent e. that sort VI association and com
Col. spcnccr-t ask your Honor to consider whether
could not send Mr Scannci TO the state um At
he sab,ect Of psauiiv In Inc c1uulry iberSe ton
the ohJc OF tie statute the observation and care u
ing sitter that Observation anu care would be more
safely and rccty arrived A. 10 ea than at Auburn
Judg, iarreI-They view entertain about It ia this
The JIy. 10y finding the prisoner not guilty on the
ground OF in,anv, uece 'sariy md against hin, on
homicide. and they found that hut Tor HI, insanity
there ~as intont 20 Nj, constituting murder IN ihe
prisoner would tc crruina. In consequence Of the
INSANITY he Is innocent aud irHn tsAt II seems to ne
dt1nilion ot an il.sne criminal The Legislature in-
udcd. thmk that such unatics De sent 10 Auburn,
whtre hUmici mania u a specially
Judge Barrett then said he would consult with
tho General Term Judges, and having done so
he decided TO send ScAnneIl 10 the Utca
| ASYLUM,
Juaee Davis In advising this course probably
remembered that Geo. Francis Train was re-
leased on habcas corpus Immediately after he
had consigned him to lunatic asylum and
Scannell's counsel in anticipation OF his pO- ibe
committal to the Auburn Asylum, had aIread y
prepmed pspers for a wit Of haoeas corpus for