The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-04-13
Supreme judicial Court.

SYM0NDS, j., PRESIDING,
Lawc Pencil Us. G. II. Cummings ct al Second
Day.
ELBRIpoE GERRY, Esq, testified that Mrs. PEN
nell read for him ten or twelve years ego for sew
eral months, and he had seen her frequently since
and conversed with her, but had never seen any
thing that led HIM to conclude that she was insane
MISS MABEL Fox testified that she was an at
tendant at the hospital both times that Mrs. Pen
nell was there. She saw her several times day.
She saw nothing in her opinion that indicated in
sanity.
DR.. GEORGE IL. CUMMINGS, one OF the defend
snts testified that Mrs. Pennel came to his office in
the latter part of 1880 and staid there about an
hour. The talk was about sanitary reform. Mrs.
Pennell was incensed because he would not buy
tracts of her. and to get rid of her he did buy some
of them. From her actions and talk at that time he
came to the conclusion that she was monomaniac.
Her son some time after that inquired of him what
it was necessary to do to have her removed to the
hospital. He questioned the son in regard to his
mother and her family. He made inquiries of the
sons wife ana of physicians, and OF the sons en-
ployers in regard to his character. He learned, in
regard to the family that MIS-. Pencil had one
brother and two sisters who were supposed to have
been insane. He then M dc out acerlitcate, signed
it, and Mrs. Pennell was sent to the hospital. He
did not see Mrs. Pennell again until January 18th
or 18th, 1881. During that time he made cons ant
inquiries of people who had known er and of the
hospital authorities in regard 10 her insanity. He
also saw letter from DR.. orcoran, Of Springfe d,
Mass, here Mrs. Pennsl lived for six years. Du-
ring this time he constantly learned from all with
whom he had conversation that she still ms
He was next called, as city physician, to examine
Mrs. Pennell at the aldermen's room January ~,
1881. Dr. Brooks, Mrs Pencil, DIR. Neal and others
were present. He m zoe an examination of from 20
to 80 minutes asking ques ion in regard 70 herself
and family. He aiso heard T. Brooks when he ques-
toned he He also at that time talked with DR. Neal
an attendant at the hospital while Mrs Pennell was
&1.ora xr1,., hat ha me fneQn n n uQfu
troublesome patient while at the hospital He also
had some talk with Mr.. Coesworthy in regardto
her. He IN de such inquiries and examinatlonsas
the above SO to form opinion as 10 her mental
couditi He made out certificate based on these
inquiries and examinations. He read Mrs Penneli's
book Sickness SMELL and from that he was
further convinced IF her insanity In his opinion
she needed the treatment of tho in asylum. He
considered her dangerous, both from his personal
conversation with her and from hi inquiries.
This afternoon the case for the defense was con-
tinued.
DIR. HARLOW, superintendent Of the Maine In
sane Hospital testified that Mrs. Pennell had been
under his care twice. She under his daily OBJ
servaton during the time she was first there. She
was in his opinion Insane, and she was discharged
not improved. Her insanity was in the form of
monomaniac. When she came there the second
time he saw no difference in her than during her
stay there previously. When she was discharged
the second time he thought she " g slightly i'm
request of the Portland overseers of the poor and
went 10 live with a family in Lewiston, Un cross
of Mrs Peunells insanity. She Was discharged the
sec nd time AZ Dr. Harlow's re mmenda ion
DIR BROOKS testified that he first saw drs. Pen
nell two years ago. when she called at his office for
the purpose of selling her pamphlet upon sanitary
reform. He next saw Mrs. Pennell January 10,
1881 He had made inquiries in the meantime in
regard to her mental condition. Whea hs went to
the city building on January 10, he examined Mrs.
Pennell The examination lasted nearly an hour,
all together. He made inquiries of her ia regard TO
her relations with her sons family. She said one
brother drown I'd himself and two or her sisters mad
been an insane asylum. She answered his ques.
tions frankly at first but soon becam3 suspicious or
him. He obtained information In regard 10 her
from her son.
DIR. SMALL testified that he first saw Mr.. Pencil
in March, 1880, in his Office when she wanted to
sell him her book sanitary reform. She said the
physicians did not succeed in getting state board
of heath established because they did, know how
to do it, that the only way for them to succeed was
to be directed by her. She said she could tell by the
atmosphere what diseases were present in it. She
said the doctors didn't want to prevent disease be-
cause it was not for their interest. He inquired
shout her of doctors Gordon, Gerrsh and others
who said they knew her well and considered her in
sane. son said she had exposed his delicate
children dangerously in carrying out her ideas OF
ventilation, causing sickness al times.
Witness earned good deal from her sons wife
and her sisters They said she kept them in constant
trouble, opening doors and widows day and night
regardless of weather, insisting on her right to do
so and to take charge of the house and OF her sons
pay. Dr. sanborn, an assista physician Of the in
sane hospital, tod witness she was very trouble
some insane woman. He did not see her on the date
of the certificate. DIR. Cummings told him they
had given her a thorough examination and found
her insane. / had sufficient knowledge and infor-
nation to enable me to form correct opinion as to
her sanity.
The deposition of Mrs. Anna E. Pencil, wife of
plaintiffs son, W then read, in which she stated
that the plaintiff wished take charge Of the home
and did so for time. She completely altered the
arrangement of furniture to conform to her ideas
in regard to good air. moving beds to the middle Of
rooms. she exposed witness and her children to
draughts, and slept near an open window.
DR.. FOSTER testified he had known Mrs. Pennell
twenty years. She called upon him in reference to
sanitary reform shortly before the date of the cer
cate She wanted him to assist in getting some leg
islation on sanitary matters. she said physicians
knew nothing of sanitary matters and the only way
to bring the matter forward was by being governed
by the ideas which she adyocasei in her phlet
HE teste her tue lbjecS and conciuded, wiIaou
QUEST n, that she monomaniac on the subject
of hygiene. She sa her pamphlet contained in
form alton of more Importance than the text DOCKS
in his library. he was not present at the examiaa-
tiJn ON he date of the certificate, which was
brought to him by DR.. Cummings, VINO ated that
Mrs Penuell had been thoroughly examined and
pronounced insane had sufficient data to form
an opinion, and did, that she was insane.
DIR E. c. NEAL testified that he was connected
with the Augusta Asylum for six years. He saw
Mrs Pencil almost daily while she was there the
first time and believed her a monomaniac on the
subject of her mission in sanitary matters She sale
boy there who was cross-eyed was so acc unit o.
want of ventilation. She could see diseases in the
air such as chicken pox small aad sea let fever