The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1886-11-04
The F. q Rust Habeas Corpus Case.

The F. G. Rust Habeas Corpus Case
AT the request of several members O
the bar, and as of interest to the legal fra
ternity generally, we publish the opinion
of Judge J. w. Green Smith, of the Hust
ings Court for the city of Staunton in thu
case Of r. G.. Rust against Dr.. D. B. Con
rad, superintendent of the Western Lun
attic A 5ylum. for writ of habeas corpus
Rust bstng held in the Asylum as an in
sane person
THE OPINION.
The no city and importance of the questions
presented and argued upon the hearing of this
applical ion suggest the propriety OF my stating
in writ g the reasons upon which the judg-
ment II It's.
The ldense dlscloses that the petitioner
Frederi K G. Sust, entertains the notion that
he is l., train d of his liberty in order that his
father, col Rust, of Loudoun. may enjoy petit
toner's means and subsistence. But in the
opinion of tie court, this same evidence also
dfscloses thi this notion is at best mere de-
fusion that it is unfounded in fact, and at
utter variance with the high christian charac-
ter and parental affection of Col. Rust. a gem
tleman possessed of ample means of his own.
with no necessity to resort to those of his
son.
The line OF argument that petitioner has been
perfectly sane man for the past five years,
and though sane, has, during all that period,
much disavowed, the idea il necessarily i'm
Piled that during thse five years last past,
there has been on the part of the officers of the
Western Lunatic Asylum, either absolute in
competency to recognize the restored sanity
of patient easily recognized by sundry nom
expert attendants, or, gross If not criminal
carelessnes in respect of this unfortunate man
committed to their charge. 1t were needless to
say that =, any such implication is wholly re-
even of the counsel for the petitioner him.
self.
I,o; ;lo
serving the countenance, much less the con-
sideratiOn of the Court the question still re-
mains as to the sanity or insanity OF the petit
toner who, having never heretofore at any
time made application for his discharge to the
Discharging Board of the Asylum as consti-
tuted by law, now for the first time makes that
application to this court, on a proceeding OF
AS intimated on last evening, confirmed by
further reflection, the court entertains great
doubts whether it could, even if it were clearly
shown that petitioner were sane. discharge
expert court, in matters Of discharge of lunatics
restored to sanity, would be usufping the func-
tions of another tribunal duly constituted by
law, composed of men expert and specially
here involved. According to the better and
mature Judgment Of this court. its utmost
case of a lunatic, once regularly and
legally committed to an asylum-ls, by its writ
Of mandamus, to ala a party legally commit
on ground of restored sanity, and require, If
the Discharging Board to consider.
Inc D6L1ClOQ anu IQfulSIl Hill WIFI UIl0 proper
facilities for the taking and the preservation
of the evidence that he may have to offer; and
should the decision OF such Board. from which
no appeal is provided by our statute, be adverse
to petitioner it is still competent for him to
have the proceedings of the Board or tribunal
below reviewed by this Court on the common
law proceeding of the writ of certiorari.
If sane man, by force or deception. or other
improper means were illegally committed to
face be legal, the writ of habeas corpus would
be the proper remedy. Indeed, if lunatie
vided by law he would be entitled to discharge
under the writ, though only to be at once
turned over to an officer that the regular and
legal commitment might be made-and the
reason in both cases is that he is illegally re-
strained of his liberty.
But that is not the case here. where we have |
a petitioner who has been legally committed |
as insane, and who seeks his restoration to |
liberty from this tribunal instead of the one |
appointed by law.
Counsel, however, have insisted that this I
court Notwithstanding its doubts Of its juris- |
LECTION shall pass Upon The question of sanity
d. insanity in this case.
In respect of this matter 1t is gravely con-
5ended on behalf of this petitioner. who comes
INTO court, declared and regularly COM
nitted lunatic, claiming and alleging his res
oration to sanity as reason for his discharge,
hat he is not bound to prove his case; that
proposition, which is made the grand central
standpoint of the argument, Is in direct con-
lict with all the pertinent adjudged cases on
he subject; and if 1t were true then the prac-
ical result would be to fntlict on the court the
insane presumption that all the adjudged lun-
ttics confined in our asylum are sane.
Again, much stress is laid upon the fact that
Turing the past five years the petitioner has
oeen allowed great liberties in going about the
sometimes beyond the grounds and
frequently into the town unattended. from
which we are asked to infer that the officers
must have thought him very little, If at all.
insane. The court can readily imagine howa
'ane man m ght be abducted into an asylum
it is loss to cor pr
low, If petitioner, as claimed. has been sane
nan for five years, he has never heretofore,
Turing that great lapse OF time, with abundant
opportunity TO seek and employ counsel eff
ected, or taken some proper steps. such as q
zane man would take to effect, his discharge.
Again it is argued that the fact of the counsel
or respondent declining to cross examine the
petitioner. although solicited, demanded and
evidence of the petitioners right to
ais discharge. Whatever weight, such scene
point, might have with q jury, it can have none
whatever with the court, because the evidence
shows that the declination to cross examine
Was occasioned at the request of Doct. Conrad
and Doct. West in behalf OF humanity, that |
such thing should not be attempted. 70 cross
examine even a man who had never been in |
sane over the whole period of his past life,- |
from boyhood alraiSniDg him with his mis- |
deeds before the public gage of a court room, /
would be q terrible ordeal for the stoutest |
mind and nerves but to take up a patient of |
perfectly restored sanity and cross examine |
till now, hlled with horrid memories which /
must stand out to him with sharpness CT out
line unrealized by us-memories Of repeated |
where he climbed out of the 3rd story window !; |
at home where he plunged down the chimney !; |
at Winchester, where he tried to shoot himself |
and then broke the pistol because he failed IN |
the attempt-memOr1es OF the scene when he |
threatened to cut out the heart of his own |
affectionate and devoted father; of the time |
too when he attempted to ravish a female near |
this city ana memory of similar attempted |
evidence which could only have been COM
mltted by monster. say that cross exami- |
nation under such circumstances would be
well calculated TO drive q sane man insane, or |
at all events so distract him as to render him |
speeches. with utter confusion and shame. |
suppose that the counsel for respondent de.
spite the appeal of the physicians had accepted |
the challege of petitioners counsel to cross |
examine him, and the same being tried. the
fears of the protesting physicians were real |
lied, what would have been the feelings of
respondents counsel; and suppose that petit
and turning deaf ear to the advice |
of the physicians, had forced his client into |
cross examination, and seen him carried from |
the court house raving maniac, how could
he ever justify himself?
But be all this as it may. the petitioner must
prove his own case. He must satisfy the Court
beyond doubt. that he is restored to sanity. |
And how can the court say it has no doubt OF
his sanity? 1t is true that nineteen on-expert
witnesses, mostly mere attendants at the |
asylum, some years in the past. and two expert
witnesses OF somewhat limited experience.
have testified that in their judgment the petit !
TONER is sane But then again, how can this |
court declare itself free from all doubt of his |
sanity ana Turn MIN loose on society, Wnen !
confronted by the unqualified and explicit |
testimony of all the officers of the Asylum, now
having him In charge, Without exception, all of
them experts and theirevidence supplemented
by a large mass of other first-olasS expert and
lay evidence, all declaring and going to one.
and but one expression of opinion that he is at
this time an insane man, and most probably, |
insane. The weight of the evidence
goes clearly to show that he would be wholly
for murder or other crime COM
mitted by him, and such being the judgment of
the court, the opinion of DIR. West, an expert
witness of unusual intelligence. learning and
good sense, was well expressed in saying that !
the discharge of the petitioner would be
wrong to the petitioner himself and an outrage
upon society.
1.-THE Court remanded the prisoner to the
Ltinatic Asylum.-EDIToR.l
For the Spectator.
Mr.. Editor This appeal is made to the gen.
tlemen and authorities of the city for protec.
ton against the offensive, almost insulting,
conduct shown towards the teachers and pupils
of the several private female schools of Staun-
ton. That column Of ladies cannot pass to or
from church at night without being crowded
upons-subjected to hearing loud and objection
able comments made upon them-and the
smoke from miserable cigars or cigarettes
blown into their faceS-SDeakS badly. both for