Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-09-02


Den he bite de- shueS an he s look right back,
An he say: "Mr Rabbit, won't you hao some
Mr. Rabbit he say: "oh, you better take keer.
Fo' dey mix you up viii de roas'in' earl"
Mr. squel he say: "Come an go wild me,
AM I'll show you mighty quick how to clam de
Mr. Rabbit he dance an he prance all round,
An he holler an laugh as he tromp de groun',
Cause rs 'fraid you gwIne to be 6obbykew
Wrongful imprisonment Of the Insane.
From the New York Tribune.
Several cases recently brought before the
courts of this county on writs of habeas corpus
have served to call attention to the lax manner
in which the laws involving the liberty and rights
OF those suspected or claimed to be insane are
administered. 1t is, in the first place. difficult
to frame general law for the care Of the insane,
since the disease is one of many shades or de-
grees, and a law to cover all cases ought to be @
flexible one. In the second place. the victim,
though in the eyes of the law unfortunate rather
than criminal, is practically more helpless than
the criminal because the accusation itself is al
most certain to be accepted as the strongest evil
dence that the person accused is of unsound
mind. plea of not guilty from criminal COM
pels thorough inquiry and demands abundant
proof of guilt; denial of alleged insanity goes
for nothing. Sympathy with the suspected con-
ditlOn OF the accused person often leads to de-
cisiOn of insanity, and often mistakenly curtals
necessary investigation. Once incarcerated, it
is next to impossible to obtain a rehearing,
and many minds, somewhat weakened by in
dulgences or natural causes, are maddened by
the very fact and circumstances of hopeless con-
finement In any asylum. In the Woodruff. the
Obreight, the O'Neil and the Mcnamara cases
lately before the courts very thorough investiga-
ton was fortunately had and in each case the
result has been the discharge of the men as
sane.
In the Woodruff case referred to, man of
sixty was engaged for two years in obtaining
an investigation of charges on which he had
been confined in BloOmingdale asylum. When
the inquiry was had, it was found that he had
been arrested on complaint of neighbors by a
policeman without a warrant, locked up over
night, and committed by magistrate the next
day. without a trial by jury, on the certificate of
physicians with whom he was not confronted at
any time. Religious mOnOmania was the al
legged Offense. During the entire two years
spent in BlOOmingdale, as he states, he was not
examined or prescribed for by the physicians;
and on the recent inquiry which resulted in his
discharge as sane, the physicians of the asylum
did not pretend that there were any evidences
Ofinsanity except that the condition of the pupil
of one eye was variable. During the whole time
he had continued to do business as the partner
of his brother. These facts certainly show Gull
pable disregard of the laws on the part of the
magistrate who committed him. the physicians
VINO certlned to his insanity. and of those doc
tors who had him In charge in what is generally
considered well-cOnduc ted mad house.
The case of Samuel Obreight still later de-
clared sane, is quite as remarkable for other
reasons which are not credtable to the authori-
ties. Obreght, Jew in religion. had married a
Christian young woman, and shortly afterward
was charged with insanity, placed in Ludlow
street Jail and then In an asylum. and his liquor
store was taken possession of by his brother
who took out lease and license in his own
name. His case was finally sent to a referee to
report on the fact of insanity alleged. Obreight
escaped from the sheriff. preferrng the Gus
tody and society of his wife in New Jersey to
that of the sheriff and Ludlow street jail in
mates. A supreme court justice so far agreed
with him In this sensible selection of a Gus
todian that he protected him and allowed him
to return to New York in safety from arrest
ThereupOn he did so and took possession of his
store again. However, he called upon his
mother and frightened her with demands for
money. whereupon the justice issued an order
for his rearrest by the sheriff and commitment
to the asylum again. He resisted the sheriff7s
officers, and was taken before a police magis-
trate, who locked the man up over night on a
charge of assault and battery. 1t was to be eX-
pected that the somewhat eccentric brain of Mr..
Obreight would be completely added before the
various justices, referees, sheriffs. policemen,
lawyers and relatives got through their delicate
treatment of his case of mental alteration in
consequence of marrying Christian; but the
referee finally decided him sane.
The Earl case, In which an elderly maiden
lady was recently brought before Justice Haight,
had some quite as remarkable features. The
lady believed that her brother had designs upon
her liberty; that he purposed arrestng her on
allegations of insanity if she returned to her
home to dispose of her property; and she con-
hded her fears to q New York LAWYER. with
Instructions to spare no cost or trouble to
release her in case she should be seized She
was so cautious according to the sworn state
ment IN the case, that in the final transfer of
her farm in Greene county she met the pro-
posed purchaser in the adjoining county of
Albany. While she was transacting this business
In fancied security from legal interference her
brother appeared on the scene accompanied by
the clerks Of his lawyer, who. without warrant
seized her, dragged her into wagon at the
door of the hotel, and took her twenty-three
miles across the country and into another coun-
ty. where her counsel had no OppOrtunity TO
communicate with her. Produced in court, she
was surrounded by her family, who prevented
her lawyer from speaking with her. In the re-
turn to the writ the kidnapping was admitted;
but the voluntary appearance of the subject
Of it, as well as desire to pro-
tect her against the consequences
OF her mental weakness, were set up as iusti-
fcation. Her counsel suggested that her evil
dent mental condition made it eminently proper
for the justice to order her commitment for a
few days in the care of some disinterested per-
son, where she would be free from the influ-
ences which were being palpably employed by
her family to awe and frighten her into COM
pliance with their wishes But the Justice, dis
regarding the suggestion, dismissed her. telling
her that she was at liberty to go with whom she
wished. Her friends carried her off again with
out any inquiry being made into the facts of her
seizure and the attachment of her property on
suits begun by those who had her in custody
Vulgarisms.
Nntoc on1n