, 1879-02-02

also gave Instructions tl'a@ ~ ~ ti,r dncdnd
os os s matter Of courtesy to thu family ana TO
enable his father to arrNe ,,, ~
wished to do 50, to hoia tl'n ,n-sr-
four hours longer, and the oroer "IS ai,.;a lad
mandcn: but, iu the meantime blalflc nau
accidenta]ly overheard the attendants 81 saslng
1hat hc was to be ready to go on the sSo' anu
m fhc morning Of that day he was tn inc mus
of nreparations for leaving when 1hloslnea ~
was to remain another aay - i.o,u rs the reason
~ nr. Crane. who gave hin the intor1nat1on,
hnt after a moments reflection he answered nis-
own question By saying, ~ know boW u Is you
have written to my tater TO ,nt enIp'S !, Sstnc,iy @
understood @ viii not 80 back to Chicago. nor
m With my father. T understand you 90
nut consider me insane; then give me
my liberty as sane man: man., IL 1';i{ niy
father comes here to 60 away WIZ .'n e daar w
I have also a note from him, stating that lie
wished to 20 OIL the noon train on the "a inst,
aud as had no lcgAl control over tile man alter
having fully made up my mind that nc WAS not
insane, and recognized the force OIL the poslt1oa
lie ,ooS iu regard to the matter, 1 allowed him
to depart
The law relating to the discharge OF patients,
Chap. IS, Revised Statutes, 1874, Sec. ~, rcaos:
':Whcn any patient shall be restored TO reason
ar,y time, and. il detained therein contrary to
his wishes, after such restoration :. -. thc
superintendent shall be liable to civil action for
false imprisonment"
This. IL is true, applies to patients who are
restored, but certainly cannot apply in less
degree to q man already sane at the time OF
commitment.
Mr.. Blaike implies in Ills letter TO TnR
TRIBUNE that l have usurpcd authority amt
assumed prerogativcs not belonging to me III
presuming to pass upon the mental condition ot
his son. The only logical deduction from Ills
language would be that I could not have an
opinion with regard to the 1ncutnl state oI any
person found insane in the County Court, or
venture to doubt the correctness OF the veruict;
whereas it is notorious that III re-
peated instances persons haVe been ad,
Judged insane who were not so, anu
others declared not insane who were So. The
cases OF Blaikie and j. II. Wells nre enough Of
themselves to show the fulsity OF the jury ycr-
dict Of insanity. Each Of these persons were
under trial at the same time; each Of them had
q first trial in which the jury failed to agree.
and second in which 9 verdict OF insanity was
returned.
In tue former case, it is my opinion that the
first verdict was correct; III the other, l am
equally certain tllat the second was in accord
auvc with the facts. This is incidentally grave
comment upon the system prevalent IN llllnols
OF Determining insanity by jury trial. u
Mr.. Blaikie thinks it is time to inquire "What
the Office OF Superintendent means, whether
lie is Judge, and jury, aud physician nll in one,
or whether he is executive officer to carryo out
the behests OF the Court" "oula fepiy mat
the superintendent Is eonstltulcu " II"
judge OF the mental state OF lts patients from
the time they come under his care. Inc re-
sponsibility is placed ubon him OF determining
in every case when and how they shall be dis
charged. 1t has been an unquestloned right OF
the Superintendent to set at liberty any per
son coming to the institution not found in
saue. The responsibility may he q. heavy
one to throw upon one man, but 1t
Inns never been doubted that it rests with him,
and, in the LANGUAGE Of Mr. Blaikie, would ask,
WHAT is the Office Of the Superintendent II it
is not to determine and pass upon the mental
state OF those brought to the institution under
his clargcs
have been criticised for dtscharging Mr.
Blai9ie after two weeks observation OF his case.
DR.. II. II. Baunstcr says l should have kept
him month under observation; but think
the amount Of time spent in the study Of bis
condition, where he was under the same roof,
and subject to close daily scrutiny, will compare
1avorably with the Investigation Of other par
ties who testified their belief that he was
insane These gentlemen, II [ understand tho
Doctor correctly, derived their knowledge from
the statements and testimony OF counsel and
friends alone 'snot from personal observation
Of the case" If two weeks are not enough to
allow q physician, acquainted with all the testi-
uouy previously adduceG, having daily famil-
farltT with hundreds OF insane persons, and,
further, possessing the fullest account OF the
mans history and pccu1iarities from his youth
,,r ond rnnranver hoyinp the nnfiant in fh.