The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-14
MISS SUSAN DICKIE.


HEB SISTERS COUNSEL OPPOSES TIE NOTION
FOB HER DISCHARGE FROM BLooMINaDALE
ASYLUM.
In obedience 70 . writ Of babeas corpus argument
was TO have been heard before Judge Brady, In the
Supreme Court, Chambers. yesterday, a motion 70
discharge from further confinement Miss Susan
Dickie, VINO Tor six years has been inmate OF
the BIoomingdale Lunstic Asylum The motion
10 have been made the inquest OF sanity recently
found In her favor before commission appointed
for purpose and SherGs jury, the particulars
Of which have already very fully appeared In the
HERALD The lady whose liberty was at issue was
not present
TAcrIcA
Her counsel, Mr.. r. l.. Delaneld, had no sooner
reached Court than he served with notice of
counter motion 10 be made the part OF MrA Van
Week. tho sister Of Miss DcKie 10 set aside the in
quest, and this, therefore, became the principal
motion to be argued
Mr. J. Randolph Robinson, who argued In favor Of
this motion, contondsd that there had been serious
Irregularities In the hearing before the commission.
These consisted in permitting testimony to be given
in relation Miss Dickies sanity reaching back
than years from the date Of the This
he claimed, violation of the statute IL
irregular aud in violation OF statute 70 have per-
mttcd counsel for MISS Dickie 10 up the be-
fore ne jury. Tncre also the further and more
important defect that the inquest at the same time
found Miss Dicke to be sane and not OF weak or i'm
beetle mind. and recommended that some one be APP
pointed to aid her taxing OF her estate sho
might not be OF sufficient strength OF mind resist
tho advances OF persons having designs ON nor prop
ery Reading the principal clauses In the inquest or
verdict counsel continued to argue shat fair inter-
probation OF the statute did not give the
right to 90 behind years proving tho sanity OF
n Ders any m or u
his her insanity But this counsel for MISS
Dicke permitted to 60 back to her childhood and
prove her condition of mind from that time 10 the
present. while, on the other side, they had been
limited in proof TO the statutory two years. As TO
the report OF the commissioners, nothing like II had
over been heard Of BY 1t, In addition nnding that
MISS Dckie Is not lunatc nov, they found also that
sue mas never been s lunas'c Or lmDecle IN mind;
asylum was ,s NJ place for her. mat she had
her surviving brothers and sisters; that some OF
brothers and sisters mad been instrumental In
her long nnDement she not fully able 10 resist
successfully those who may have designs on her
properly, concluding with recommendation that
some one DO appointed to aid her this respect
SUCH inqulsition, he claimed, amounted 10 one
showing incapacity. Undor such state OF facts there
were but two things for Judge do-either 10 let
her free and appoint her own agents 10 aid her In the
management Of her estate Or after reference 10 APP
point committee Of her estate OF parties having no
interest therein.
THE OTHER.
Judge Brady-ll those you represent have NO In
ter rest in the matter what then do they wantf
Mr. Kobipson--lhey want guardian who will give
the necessary security.
Judge Brady-Tnat is o matter for the Court
M Robinson continuing his arg ument claimed that,
under the present OF affairs found by the
mission, no would be safe IN dealing with MISS
Dickie In relation TO her property, They therefore
| insane, but to have her declared one thing or The
other.
rla darIu rad hal har
nor imbccie, but only temporarily incapable Of taking
care oil her pre- pcrtY
be found in the books authorizing the appointing OF
such person as that recommen led IN the inquest
Judge Brady-Nor do think any case like this Will
| be found IN the books
Mr. Robinson concluded by rctterating hts assertion
scented finding way the other, and to this
| end they asked tnat this inquest be vacated aud
new commission appointed II the Court should
grant this no impedment would DO thrown IN the way
| OF prompt, lair anu in!egible verdict.
| Mr. Delaaeld, Representing Miss Dickie, inquired
| who Mr. Robinson represented. The reply was mat
| he represented Mrs. Van Week principally.
| HER SISTER ARRAiGSED.
''Thcn," said Mr. Delaheid, 'tnis Is the sister Of
| Miss Dickio mainly through whose efforts she had
been confined IN a Iunatic asylum more than
years" HIS client was al that quietly attend
ing the AFFAIRS oil her father, then aged
man and bordering ON imbecily. AT her solicitation,
and against the advice OF TRENDS and ION u promise
that she would company aud enjoy herself
better there, abe went. Sne mad been there but
days when her sister procured her own family pnysl
clan, md her but i've minutes, to give
ticate OF nor insanity, under which her father then
imbece, had her conveyed TO ihe asylum under pre-
tonce OF taking her out Tor drive. There during all
her years OF confinement, this sister, VINO comes
INTO court represented BY opposing COUNSEL never
saw her but once, and stnen through Key
| hole. Proceeding To reiutc tho argument OF the
| otner SIDE the meaning vi the statute,
| Mr.. Deahoid contended that lis limit OF two
years applied only 10 proof Of Insanity, but in pro-
ducing proof against II there VAS perfect right " 70
VI that time when the party not considered
insane provo the existence vi the
ties ecoenricties Of character the charge
OF neanity had founded. As TO mo VERDICT inc
| piaiu meaning OF II WAS that Miss Dickio
and followed was'mere surpiusage III the
Of u recommendation to che Court, which the Court
could regard or not as II saw IT. No title to property
could 20 Affected In any way, as u was only the IN
come which was TO be received by Miss DIckie, tue
principal remaining in tue hands Of trustees, aud
10 TINS income It was perfectly proper mat The Court
should lend It's patorna arm Tor INC present 10 aid and
protect her IN It's enjoyment ana very will
have such experience Us will mako further aid unne-
cessary.
This closed The argument, Judge Brady stating that
he would make some disposition OF tho this
ing
LORD-HICKS.