The sun., 1878-02-16
JUDGE BRADY ON INSANITY.
NEW YORK LiTs 4 DTSGRICE TO OUR
BOIS7ED SIJITIZITION
a Demand for New Safeguards against Uu-
Just Incarceration In the Asyiums-Impor-
tant Lessons from Miss uiokies Case.

tant Lessons from Nils. Diokie'. Case.
Judge Brady announced his decision i'm
the case Of Miss Susan Dckic Yesterday. over
ruling the objections TO the report of tho Com
nssioncrs In the lunacy proceedings. accept
ing and confirming the report. and directing
the discharge of Miss Dlckie from all custody
and restraint. A formal order was thcreupon
entered to that effect Following is Judge
Bradys opinion:
The Commissioners have displayed consider
we're selected TO conduct. and the Court cX-
presses its thanks for the faithful manner IN
which they have discharged their duties, Early
been appointed by me. they advised me Of their
impressions that Miss Dickic was not insane or
imberilc and suggested that she should bc pro-
tccted by counsel. sent for Mr. Dclullcld. and
he readily and chcerfuy undcr jok the uifi,.'.
lie was then Invested with full power 70 not lie
learning and ability. The result is II declaration
by the jury. after patient AMI thorough trial.
on which experts and acduaintanccs Of hers
were examined. that Miss Dickio was neither
insane nor imbccilc.
II should be here noted TINT the inausion is
for the purpose Of satisfying the conscionrc Of
the Court on the subject 10 which II relates.
The llnding mentioned. II IL now said should
b. set aside for Irregularities: but the irrcgu-
aritics complained ol are in the interest OF lus-
tce. She was couvcrsed with before the Jury
This is one objection. Her counsel was allowed
70 present his views Of her case to the Jury
This Is another. Tue jury have suggested in
their verdict that Miss Dckie may. perhaps.
from her long confinement and it, cOnsc-
qucnces, require some temporary guardian
ship. This is another.
The objector Is II sister of Miss Dickic. and.
therefore. one Standing in such relation to her
as to warrant the belief that she would be cx-
ultant at her sisters sanity and delivcrancr.
Her interference seems to bc for the purpose.
however. expressed through her counsel. Of
having an unqualified decision on the sulue 4
Of li"r sister lunacy so that she may be treated
.Whctlicr the extraordinary zeal thus dis
| played IS commcudabic. II 4 matter with which
have not to deaf hut 1t is clearly unnecessary.
| The Jury have made an absolute finding on the
suWect. Ihe suggeston appended - natural
| aud unjust conf nilnemcnt may require guidance
| for while. and. "a late ward Of tins court.
she shall have the care OF ia prot" ting skill IN
| every manner in whrh it' Iurisdil tion csin he
| invoked. Her counsel can seek. for her sake
| and on her application. all It's power in her be-
hail This dispOscs OF one Otnrction.
The appearance Of Miss Dickie before the
| lnrywas an important element in the inyestiea-
ton and was decidedly, proper; Her dericanor
and her capacity to understand and appreciate
| what was said were slgnil rant Incidents II
was ~ her the jury We're 10 dcllbera,e. with the
Of his views by her counsel was equally unob-
Miss Dlckie was entitled to have her case
siitnu 10 the last syllable, andh"r counsel would
| perhaps nave iniled in his duty had he not done
what he did. The days for silence are past and
| gone. and speech. though We have too much oi
II ut times. has hc ono the ally OF progress and
| therefore Of greatness Men speak and the
! press speaks. and good comes out ol the Gus
| tom. The time has arrived, too, when both
| should speak ot our syst IN relative to the rN-
| animation. commitment treatment. and care ol
the imberile aud insane.
This cas-, sull So grave considerations. I,
| appears that attendants. mu'n yu,l fcraln ON.
ployed IN the institution wuer" VI .~a Dirlir was
| conln"d-and doubtless 10 i~ 800 In o,h"rs-h"-
! onnr nervous. ana are 80 iul affected as 10 lahol
/ under dclu~ions. Indeed il IS wcn known that
| Yuysicuns in care of lunatic- have thou'~clVr,
Iosi their reason from th" effect Of the duties
incumbent upon Them and tho association by
which they, were surround"d and thus dis
eus'd mind has hui the sup"rintrnd nee AN,
superior control ot the lunuiic until the inilrm
ity WIS dis .'ov' rcd
Il j. also quit" apparent that -nmo syst m o
| personal supervision should hr devised ll
which persons confined ~ .unaiic0s should D.
examined hy competent persons other than
tho-" who. nc'ustJmrd to rcl'ari ,n"m ~ ia
sanr. would approach them wifn settled conyic
tons or decided impf s-i0ne of th"ir mvnta
eoniiti,n. This procedure should be At staie'
There another suggestion arising from th
case and It's results, and that ls TINT the lav
should reIuirr trial such as tliai had herein. @
a similar ono. within thirty days uitrra subject II
committed 10 any asylum. ~ pr' sent two ply
,9s n ,hsf I"aS SefsfY SeSY @ y rR r Is fh -nr and
luuatir ~ s"nt ~ the a-yii,p. his mental con
dition may b" such as a. demand instant con
thu. should 'r' 'dc,,r'ninci IS some moro fcrmn
ami exhaustive pro,.-- he .ar.. b r. r...fr r',if'
should b" declared indefinite. The Aw, rcquir
| amendment.
1t .annet,. ,.c dcniel, assuming tn finding o
IN" Jury IN Miss nickl''- ,as" 70 hc correct. ihl
Ler long lmpri~O Ounchi is a disgrace 10 on
boasied civilization. intelligence. -'ifn,'' an.
justice. and imposes upon u~ the dniv Of ,r'
| ujlng every possible rrtycutIV" against u siui
lar outrage and -.ru''. II is INN -Slhr, al
most. 20 believe that it was tle result ol des ilu
SiuEly or by combination; hUt % IL Wrrr ti
parsons engaged in II should pc 'velcly pun
| l~hcl,
The subtle thing called insanity may bal
even Ngilgnt experience ia tie h"st digcotc'
"Norts tp dis over il existence. rnd hc presen
though i would s",m MT 10 m. In This ra-
which human iu- ,uuity las devised. ia
DECLARATION is legally and Irlporl, nude tina
/ VI Dickic Is D." thor li- lur nor l'Ilt 'lr.
Thc objections are. therefore. oyt grui,l: III
| report of the commissioners i." 'lf'i aud con
/ rmed, and inc supposed lun.tle ul9cAAr.c'
nom all custody and restraint.