Wilmington daily commercial. [volume] (Wilmington, Del.) 1866-1877, 1875-06-24

A singular Case ut Newark.
MAN WHO HAS BEEN IMPRISONED FoH SEVERAL.
YEARS FOR INSANITY DECLARED IN HIS RIGHT
MIND BY A JURY-TRIA1 or THE CASE YESTERDAY
AND FULL PARTICULAR AIRS OF THE AFFAIR.
Specat 10 the Commercial.
NEWARK DEL, June 20.
novel trial. and one of great interest, took
place i'll the Deer Park Hotel, in this town, yea
terday. 1t was the examination by jury de iu-
ndstco fl9tirendO into the case OF David McCon-
| oughy,who for several years past has been treat
ed at a lunatic, being confined at Kirkbrides and
the New Castle County almshouse, and by many
persons it is believed wrongfully. Coercion, it
is said, has oven at times been resortod TO
TO PROCURE IMPRISONMENT,
and altogether the case is very strange one.
The following are the particulars, as gwen out /;
David McConaughey the eldest son at the
death of his father, and under the direction OF
his grandfather took charge OF the estate. He
freed tho property from debt, which at that time
is underotood to have equalled the full value OF
the property, and took the same at AN appraise-
ment. by years of hard labor he is said to have
accumulated n large amount of money, and
finally sold out tho home place to two of his
brothers, aud also started n third in business in
Sussex county, to whom be also afterwards sold
out his share,
Being out of business with all income sufficient
to maintain him, he took to drink which, after
long spell,
ovERTHREw HIS NERVOUS SYSTEM.
He was then confined in Kirkbrides, where, with
the exception of short absence on french
leave" he remained for nearly four years.
About two years ago he came homo very much
reduced i'll body, being mere skeleton, and
with his nervous system severely shattered. In
this condition lie called a physician, under
whose treatment he began to improve, and as
strength returned he began to ask for Il
settlement of accounl which had re-
manned open during his q uleIauD. at Kirk
BRIDES. 1t is stated that i,is request was de-
MED, but perssting in his demand. under plea
OF his becoming dangerous, he w..a by force, the
statement goes, taken to Wilmington without
any warrant of Law and there held several
months, and until lie came to the conclusion he
WOULD DE spInIrED AWAY,
when he left the almshouse of his own accord
and went to Philadelphia, whore he consulted
an old family physician and from him obtained
q certificate of the san ty of his mind. With
this lie returned to Wilmington and consulted u
lawyer, obtaining from him a letter which adj
vised caution on the part Of those who were
urging his Imprisonment.
Since then, MIR. McConaughy has been residing
in Wilmington and Newark. This Spring lie
requested the lawyer whom he had first called
on after his escape to procure n settlement, but
tho matter was delayed, and application was
made to Chancellor Salisbury TO have
Atlt. NJ CONAUOHl DEClAHED lNbANfs
Another lawyer was then employed by Mr..
McC. and yesterday the trial was proceeded
with 10y orders of the Chancellor, at the Deer
Park Hotel, as stated. The following gentlemen
comprised the jury Abraham Cameron, W. i.
Smalley, Geo. q. Evans, William Dean. Levi
Ruth Philip II. Clark, James NJ House
man, Thomas c. Morrison, benjamin +. Town.
send, Robert O. Justice, Robert Hawthorn, VIM.
d. Cornog. Vim. q. Whteley Esq, represent.
ed the brothers of Mr.. McConaughy, who were
the applicants for the trial, aud VIM. O. Spiu-
ance, Esq, represented Mr.. McConaughy.
THE TRIAL.
Miss Susan McConaughy, a sister, was the
first witness called, who testified to certain pc
culiarities in her brother, and believed him to
be of unsound mind and unfit to take care of
himself or HIS effects. Miss Rebecca McCon-
aughy also testified to the same things.
Peter Meggtt had known McConauChy for
number of years, and as he WAS not now what
Le used to be, after the excessive use of strong
drink, he concluded he was unfit to do business.
DIR. Shoitlidge, physician at the aimhouse
during MIR. McConaughy's residence there,
deposed that in his opinion all men are insane
oil some subject that David McConaughys in
sanity was in relation to the Bible. and lie be-
eved him be- DO unfit to take care OF himself or
his effectA.
Mrs. Emerson matron at the amhouse, knew
McConaughy, and from the fact that lac gave
her as much as dollar at q time with which 70
buy oranges newspapers, writing materials,
&c., which he Afterwards gave away 10 inc III
mates, she concluded his mind was not right.
Jonathan McConaughy stated the PECULIAR
ties of his brother, mentioning particularly the
fact that lie would walk long distances, instead
of riding.
David McConaughy himself was then called
and testified that his brothers owed hum some
S1s, 600 or $40 O00 with large amount OF back
interest, but the Interest," ho eali had beei
consumed in his maintenance at Krkbrldes and
the Now Castle almshouse.
Some further witnesses were examined, when
MIR. Sprnance
OPENED THE CASE FOR THE Defence,
explaining that he would prove that David Nc
Conaughy was not insane, and II anythng was
wrong it was from the use OF strong drink, to
the use Of which he gave himself when he
thought he was being unjustly dealt with by Ills
family, and it had well nigh wrecked his nervous
system. ~,
A large number of witnesses were. Called
among them Wilson Marvel, Samuel Miller, John
Atkinson, Seth Stewart, Jno. ii. Todd, or VIII
mington, who had seen Mr.. McConaughy Just
after he broke out of the amsholise, and Dr.
Shaw. Letters were also read to show the sanl-
ty of MoConaughY. Dir. Curtis had conversed
with McConaughy and believed him sane
VERDICT OF tt JURY.
The case occupied from two o'clock IN the AZ
ternoon until 12J5 at mVhG. MIR. Spruance
spoke one hour and Mr.. Wnitolev M nr and y
half. At three o'clock, lprnie me Jury
returned with verdict estA, fishing tho sanity
Mr. McConaughy. t~