New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-11-19
CASES OF ALLEGED LUNA2IOS.
MARTIN LUTHER SMITH IN COURT.

MAXIM LUlIl SMlI III ~ COOhi'
CAPTAIN Martin Luther Smith WAS brought
yesterday before Justice Donohue, in tie supreme
Court Chambers or writ Of habcas corpus. Captain
Smith WAS sent TO the Asylum for the Insane Wards
island In 1877 Oh the certificate of two phy5cians The
certificate the effect that the physicians had e1
amined Captain Smith and found him Violent
Innate; nc was possessed with the delusi0n thdt
many years before his wife had been unfaithfui to
him on account OF which alleged w!ely delinquency
he constantly threatened to take her fe He had also
tried TO do bodily harm to himself Tho petition on
which the hapeas corpus granted Get fol- til that
Capain Smith Is now and always has been OF sound
mind and that his detention in the asylum is wrongful
and without authority oflaw.
Assistant Corporation Counsel Townsend
oppeared yesterday In behalf OF the
commissioners OF Charities and Correction
aud pu IN a return 10 the writ made by Dr. Macdonald
Tne assigned for the detention OF CaptalA enl
al the ASYLUM that could not cODsclcnuOury rake
tnr certificate required by law that Captain Sinth va
ANA safe aud proper person 10 DC AZ iage
Captain Smiths counsel sand LIE woul put III tI'VeTse
to lie also wished 10 argue the question Oh the
corstuOnAiy OF the law authorizing two pbyslcia1a
to SEND person to asylum. Justice DoEohuc said an
argument that question could serve no useful pur'
pose
| A REFEREES OPINION OF j. II. CLANCY.
Theodore +. Miller the referee in the case
OF John H. Clancy who Is seeking his release roa the
Asylum for Insane Wards Island, made his
port yesterday After stating that lie had made three
separate Oh very
favorable circumstances he states his conclusions in the
| following language
Glaucey is almost wholly blind and deaf. He is man
of low grade OF intelligence highly nervous and emo
iona By nature and below the normal standard phys
cay lie has delusions and believes that compound
arr which he magnes Is stored In IRE extngmshers or
other kept in unusual places IN cellars
or underneath the deck IN police station or under his
he'd can be and has used upOnhm In some myser
GUS manner SO as TO influence sleep or to pro
dnco faIntiDg ITS 20 which he Is sometimes
sn,Sect cataract 10 forming IN mis-
LETT eve HIS blindness, however is due 10 airophy or
OF the opdc nerve In both eyes This dis
Gaze OF the optic nerve coupled whhe TACT thst he
subject 10 the deusons above stated leads 10 he con
clusion that there 10 corresponding ,I anu
disease OF the brain. Upon the evidence taken ana my
examination am OF the opinion that clancy 10 OF un
sound mind lie manifesis however, Intelligence IN
many respects aud strong attachment Ior ns age.
mother His sister, with whom his mother reelues
able 10 support him. aud anxious 10 nave Nun a
bome DO is not disposed TO be violent, and ne shouo
be placed In and under the surveillance Of ~
family believe he would not be likely TO 40 any marin
This belief Is based upon the facts that ne 10 pna ano
deaf and that his deuoDs not such 40 would nalu
ally lead him 10 do violence.