The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-11-10


'itnes the proceedings. :3rg ,.,y1,.
A CONFERENCE. .l,,, e!v Il
About IL O'Clock Judge W. w. Crump,
Ion.. w. w. Walker Of Westmoreland, Col
mel. W. W. Gordon, Major Leigh r. Psge, Dir.
o'An A. Lyaham counsel for Colenel Mayo,
= 1ylouel Mayo's father (Mr. Robert Mayo,
&c Westmoreiand couaty), Judge Gpigon
If the Hastings Court, Mr. George D. Wise,
formerly Commonwealth's attorney, and Mr..
e. G. CabeH, the present Commemorative
attorney, went into the clerks. Office, and
there bad a conference upon the subject of
Colonel Mayo's sanity and OF the manner of
procedure in the case. This conference last
ed nearly an hour and hall. IL.
> IN COURT.
=; About 12s O'Clock the counsel sud wit
nesses came into the courtroom, and Judge
Guigon went upon the bench. =. g,..,-.-,.-,
n Mr.. Cabell, Common lth's attorney, SUBJ
United the question to the court whether 1t
would not be proper to have the prisoner
arraigned before examining the question OF
sanity IL 80 ID q. u" l"s T%E7 - ~.
Judge Guigon decided that it would not
be proper to arraign the prisoner until the
question Of his sanity was settled !"
TIE STATUTE AND THE JURY. E
Z Under section II of chapter .202, Of the
Code of Virginia the following jury was EN-:
panelled to try the question Of Colonel
Mayo's sanity: j. w. Fisher, Louis Euker,
Isaac Sycle, J. G. Downward, W. j. Gentry,
w. M. Cary, r. s. Glazebrook, John W.
Cripgan, John o. Turpin, Thomas j. Spene
Ger, Howard Swineford, Joseph, K. Weisi:
ger. 80 " '>- '.'-' '',.s '.'.'
This jury was to inquire whether Colonel
Mayo is sane at this time; and il so, whe.
ther he was sane at the time the offence Is
alleged to have been committed. IN
The statute under. which the examination
was made is as follows:
self cours In which person is held for
trial see reasonable ground to doubt his SAN
sty at the time at which, but for such doubt,
he would be tried, it shalp suspend the trial
until jury inquiries into the fact, as to such
sanity. Such jury shall be empanelled at its
bar. II the jury find the accused to be sane
at the time of their verdict they shall make
no other inquiry, and the trial in chief shall
proceed. IF they find that be is insane they
shalksaquire whether or no he was SO. at the
time Of the alleged offence. If they find that
he was so at that time the court may dismiss
the prosecution, aRd either discharge him,
or, to prevent his doing mischief, remand him
to jail, and order him to be removed thence to
one of the lunatic asylums of this State. Ii
they find that he was not so at that time the
court shall commit him to jlil, or order him
to be confined in one of the said asyiums
until he is so restored that he can be put
upon his trial."
CUsED AND YET NOT CURED.
4 Dr.. r. F. Baldwin, physician and super
intendent OF the Western Lunatic Asylum,
was the first witness examined 80
Colonel Mayo, he said, had been an inmate
of the institution some time before he had
charge. he was admitted in April, 1874. He
was discharged about the 5th of August, 1870,
by request of witness. He thought it best
that he should be discharged al that time as
his condition was more favorable. . !.
At the time of Colonel Mayo's discharge
he did not consider him positively sane,
although he was in more healthy condition,
and his feelings were more natural. He was
rational, in the opinion OF the witness, but not
sane. ,rss,.,.. .. ..g,.. ....l. ..-- ,...~ i,
Mr. Cabell asked the witness whether be
thought Colonel Mayo was sufficiently sane
at that time to be discharged and come 10
Richmond to stand criminal trial. He said
he did think so, and then went into a
lengthy medlcsl statement Of Colonel
Mayo's case, giving detailed history of
his disease. He had had an interview
with Colonel. Mayo while at the asylum
during which be told him that he
must use every effort to control himself.
That night he had decided paroxysm,
and witness was called up by the assistant
physician to see Colonel Mayo. Two days
afterwards Colonel Mayo handed witness an
application to the Board of Directors for his
discharge. The application was presented
to the Executive Committee Of the Board
and refused. For two weeks the Colonel
pressed witness for, his discharge. j Some
time after that he went into the medical Of
fee and used very violent language. DR.
Baldwin determined thatebe would hRyean'
other interview with him, and If that was
not satisfactory he would have him removed
to another ward Ghes conversation was
satisfactory, although Colonel Mayo still
showed great. animosity to witness. rat
subsequently, Colonel Mayo visited Dr..
Bald WINS office, and expressed sincere re
gret at all be- had said and done,s 1t was the
expression OF warm-hearted man, and ua.
der these circumstances-he finally discharged
him from the asylum, believing that his dis.
ease was of such q nature that his discharge
might so influence his mind as to effect
cure. As to whether he, is cured the effect
of trial will alone decide. The witness
further said that the first violent attack Rt thf
asylum was when everything was going on
smoothly. Upon the ]. occasion referred te
Colonel Mayo seemed to be incessed because
one Of the hattendants in Colonel Mayo't
watd asked him not TO occupy two beds
When, Colonel Mayo was discharged, witness
didn't know that he would ever be any bet.
ter, but it was desperate remedy fer q des'
perate case. He thought that it Wonld pc
very prejudicial TO aend hiia back to the asy.
lum.s 10 reply to Mr.. Walker Dr. Bald win
repeated O conservation which Sir. WAGER
and witness had had about six weeks before
Colonel May6's discharge, fin " Hseh witness
said that.she eok&d not iconseienteuslg dis
charge theI patient. ~ AtsEtsl tEi2Es5sfii
/ Mr. Walker: DO you believe he is, ID q
condition to stand q trial now + s2.e s5ss .sss,
! Witness he eau stand itnow as welt as
he ever can; but would not be res ponsible
for the effect the .frial may have on him,
4 Though It Rouid he very damaging fox him
TO be returned to the asyIum. " fIE Il I
Judge Crump next examined the Witness
1t some ieBgtEi during which he referred TO
the treatment, ,by DR.. Stsiblipg rand Or. Fisher.
DR.. Baldwin also, ia reply TO questions,
the case Of Colonel Mayo's mother,
is npW in thesasyiufa, andshas been for
en- years. He regarded his case as similar az.
o hers, and the disease coIst itutlonsl. The
,uestfon OF his disease can only be decided
~ association With the world. de wit
less) would frequently send off patient,
% probation, and SO 1t was In this case
ndd nddlssbarging Colonel Mayo from the asy;;i Il
um he did so ms: % amstters of humanity TO
,Feak 10 up0ns tile sperfo dicfty TO make la]
hapge In bis condition. While. Ces0nst
faro was Rts the asylnms be. retained theI
aost senseless, causeless animosity TO the j