Wilmington daily commercial., 1875-06-23

MAN WHO HAS UEEN IMPRISONED FOE bENEhhL
YEARS FOR INSANITY DECLARED IN HIS RIGHT
MIND BY A JURY--TRIAL OF THE Gaze YESTERDAY
AND FULL PARTICULARS OF THE AFFAIR.
Special to the Commercial
NEWARK, DEL, June 23.
novel trial, and one of great interest took
place in the Deer Park Hotel, in this town, yes
terday. 1t was the examination by jury de lu-
ndtico inquirendo into the case of David McCon-
oughy, who for several years past has been treat
ed as lunatic, being confined at Kirkbride's and
the New Castle County almshouse, and by many
persons it is believed wrongfully. Coercion, it
| is said, has even at times been resorted to
TO PROCURE nPRrsoNMENT,
and altogether the case is very strange one.
The following are the particulars, as given out
David McConaughey was the eldest son at the
death of his father, and under the direction of
his grandfather took charge OF the estate. He
freed the property from debt, which AZ that time
ia underotood to have equalled the full value of
| ment- BY years Of hard labor he is said to have
accumulated a large amount Of money, and
| finally sold out the homo place to two OF his
brothers, end also started third in business in
Sussex county, to whom he 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, l,.--
ovERTHREw HIS NERVOUS SYSTEM.
| He was then confined in Krkbrides, where, with
| the exception Of short absence ON 81 french
| leave" he remained for nearly four years.
| About two years ago he came home very much
reduced in body, being mere skeleton, and
with his nervous system severely shattered. In
| this condition he called on physician, under
whose treatment he began to improve, and as
strength returned he began to ask for a
settlement of accounts which had re-
manned open during his confinement at Kirk
brides. 1t is stated that this request was de-
MED but persisting in his demand, under plea
| OF his becoming dangerous he WAS by force, the
statement goes, taken to Wilmington without
| any warrant of law and there held several
months and until he came to the conclusion he
| WOULD be spIRITED AWAY,
| when he left the almshouse OF his own accord
| and went to Philadelphia where he consulted
an old family physician and from him obtained
a certificate of the sanity of his mind. With
this he returned to Wilmington and consulted a
| lawyer, obtaining from him letter which ad-
vised caution on the part of those who wore
urging his imprisonment
Since then, Mr.. McConaughy has been residing
| in Wilmington and Newark This Spring he
requested the lawyer whom he had first called
l on after his escape to procure settlement, but
the matter was delayed, and application was
| made to Chancellor Salisbury to have
| MR.. M'coNAUaHY DECLARED INSANE.
| Another lawyer was then employed by Mr..
| Moo, and yesterday the trial was proceeded
| with, by orders Of the Chancellor, at the Deer
Park Hotel, as stated. The following gentlemen
| comprised the jury Abraham Cameron, W. f.
Smalley, Geo. G. Evans, William Dean. Levi
| Ruth, Philip II. Clark, James M. House
man, Thomas O. Morrison, Benjamin F. Town
send, Robert O. Justice, Robert Hawthorn, VIM.
D. Cornog. VIM G. Whiteley, ESD, represent.
ed the brothers of Mr. McOonaughy, who were
| the applicants for the trial, and Wm. G. Spru-
ance, Esq, represented Mr.. McConaughy.
| rpr
Miss Susan McConaughy, sister, was the
first witness called, who testified to certain Pc
cularities 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 Meggitt had known McConaughy for a
number of years, and as he was not now what
he used to be, after the excessive use OF strong
drink, he concluded he was unfit to do business.
DIR. Shortlidge, physician at the almhouse
| during MIR. McConaughy's residence there,
| deposed that in his opinion all men are insane
on some subject that David McConaughys in
| sanity was in relation to the Bible, and he be-
lieved him be be unit to take care of himself or
| his effects.
| Mrs. Emerson, matron at the almhouse, knew
| McConaughy, and from the fact that he gave
| her as much as a dollar at time with which to
buy ORANGES newspapers, writing materials,
| &C., which he afterwards gave away to the in
| mates, she concl lded his mind was not right
| Johnathan Nc Jonaughy stated the pecuari-
| ties of his brotl er mentioning particularly the
! fact that he would walk loug distances, instead
| of riding.
David McConaughy himself was then c,4.lsd
| and testified that his bro.he owed him SOME
| $4,000 or $4,000, with large amount of oach
l interest, but the interest, he sail, had 1een
consumed in his maintenance at Kirkbride's and
| the New Castle almshouse.
| Some further witnesses were examined, whom
Mr.. Spruance
| OPENED THE CASE FOR THE DEFENCE,
explaining that he would prove that David Nc
Conaughy was not insane, and II anything was
| wreng 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 his
| family, and it had well nigh wrecked his nervous
system.
A large number of witnesses were called,
among them Wilson Marvel, Samuel Miller, Ohm
| Atkinson, Seth Stewart, Jno. ii. Todd, of VIII
mington, who had seen MIR. McConaughy just
| after he broke out of the almshouse, and DIR.
| Shaw. Letters were also read to show the sani-
| ty of McConaughy. DIR. Curtis bad conversed
with McConaughy and believed him sane.
VERDICT OF THE JURY.
The case occupied from two O'Clock in the af-
| ternoon until 1251 at night Mr.. Spruance
| spoke one hour and Mr.. Whiteley an hour and
| returned with verdict establishing the sanity
Mr.. McConaughy
Nor soLp.-At the public sale by NJ. NJ
| Ceaver, of the property W. Janvier, lOl3 wash
ington Street, yesterday afternoon, the pro-
perty was withdrawn for want of sufficient
bids. Tho highest bid was $4,000. short
time ago S5 500 was offered for the property.
/
DEcENr1y INTEnRED.-The body of Mary
| Myers, KILLED upon the P. W. & B. II. r., not
being called for or claimed by her relations
.,,%or h,,fI fI,a