Savannah morning news. [volume] (Savannah) 1868-1887, 1883-08-13
A Remarkable Case.
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A very remarkable case Was recently
brought to the official notice of Governor
Rusk, in connection with his pardOning
prerOgative. 1t appears that young
man had been for long time past an in
mate of one of the Wisconsin insane hos.
pitfalls. He had escaped from the hospital
three times, and been difficult patient to
control, his mother being requested not to
visit him, as his nalady was painful eX-
hibitiOn. Each time he had escaped the
officers used their best efforts to effect
his recapture and return to the hospi-
tai. The last time the man escaped,
March 26 last, the authorities promptly
advised his mother and requested her, if
he returned home, to send aim back, The
officers also gave information to the civil
authorities of the county, and the Sheriff
followed the fugitive to his mothers
home, capturing him at farm house
some miles distant, on the ID of April,
reaching the county seat-which is also in
the neighborhood of the hospital--with
the man on the 3D.,
1t appears that when the insane man
attempted to escape he took Il farmers
horse from pasture, rode him some dis
lance, turned him loose and continued
his journey towards his mothers, his
haven of refuge. "Such an act, commit
ted by sane man, would be only tres
pass, not felony, and certainly not lar
ceny,n his attorneys point out in their pc
tition. Yet the Sheriff, instead of return
ing HIM to the asylum, took him the same
day, April 3, before the county Municipal
Court, where he was summafily con-
victed Of ''horse stealing" and before
nightfall was delivered to the warden of
the State prison, in Waupun, to serve at
hard labor there for six years and six
r1aOnfhu Hold % nnn1uaiffoA 11anrdnr a
jury would have acquitted him.
There are many additional features Of
the case which emphasize the harshness
of this proceeding. For instance, the
Superintendent OF the hospital telephoned
to the SherifPs office when he learned that
the fugitive had been brought back, but it
was too late, for sentence had been passed
and the man was ON his way to Waupun.
Again the Sheriff wrote the mans mother
that he had captured the fugitive, and
had returned to the county scat with him
not word about the criminal charge,
or that he had had him sent to Waupun,
though the card was dated the 4th and
mailed at p. m, the day after the luna
tic was inoarcerated in the State prison.
These facts are all recited in the letter
written by the prisoners counsel to the
Governor, and backed up by the oIicial
proceedings, study of which even makes
out a stronger case than the petition
presents. The Governor was requested
to pardon the lunatic. But after long
consultation with the Attorney General
it was found the Governor was powerless
until notice of the application for pardon
had been published in q newspaper for
three weeks, That notice was accord
ingly published, and will be COM
pleted in about two weeks more.
Then came the question of getting
the man transferred from the State
prison to the insane hospital while the
pardon was pending. The only method
that could be adopted was followed; the
State Board of Supervision, having copz
troll of both institutions, applied to the
Governor, asking leave to make the trans
fer, and his Exoellency cordially granted
the power. Accordingly the man was re-
moved to-day. But all this took time, and
was the result of much careful legal
of the statutes by the high
est authorities in the State GOV. Rusk
thinks that this is a case wherein the par
dOning power is an absolute necessity,