The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1888-08-24
A NOVEL AND INTERESTING CASE.
Mother Petitions the Court TO Nave Her Son from HIMSELF
Ghe First Case Under the Inc briate Act.
AN AFFECTING SCENE.

The First Case Under the Inebriate Act.
AN AFFECTING SCENE.
The Legislature of 1893 passed a law for the
care of hopeless inebriates and their property
under proceedings similar TO those In cases of
iunacy. The first case in the Circuit Court for
hartford county, and perhaps the second in the
state, came up on Monday, before Judge Wat
tiers, on a petition from Mrs. Kate Il. Baltzell.
alleging that her son. Philip c. Baltzell. is a
drunkard, incapable of taking care of hims self
and his property, and has been so for more than
wv WE'VE months past Also that he is squandeTing
ston, with stock and farming implements, two
ground ID rents in Baltimore city and a mortgage
OF go IN Hartford county. The petition prays
that ne may be arrested, adjudicated a drunk
+ ard, and that committee may be appointed for
him, as provided by law.
The petitioner was represented nv Messrs.
Harlan u Webster and the respondent by Messrs.
N WIN. Young George Y. Maynadier and VIM. L.
The act provides that whenever nv petition.
under OATH any person shall be alleged to be a
drunkard, incapable of taking care of himself or
ms or hGr property, any circuit court of this
state snail nave power to issue warrant TO the
Sherin to arrest and bring the person SO charged
before such court. which shall cause jury of
good and lawful men to be summoned by the said
sherif, to be empanneled forthwith and shal
charge such jury under oath to inquire in the
presence OF such person, whether he or she
Is an habltua drunkard, incapable OF taking care
OF himself or herself. If the jury so find it shall
be the duty OF the court to appoint committee
ot such person, who shall have the power of con-
mnlnR such person in some suitable institution.
Inc proceedings in such case shall be like those
now authorized by law in cases of persons alleg-
ed to be lunatic or insane.
upon the petition the sheriff arrested Young
Baltzell, coh1ned him in Jail and summoned
Twelve men to serve upon the jury. Counsel for
the respondent made a motion to Quash the writ
and return, Messrs Young and Maynadier argu-
ing that the Act of Assembly, SO far as il
authorizes the arrest of the party, is unconst tu-
tonal. Unless the party alleged to be an habitual
drunkard is doing injury to the person or pro.
perry OF some one else he Is not amenable to ar.
rest: there must be some such allegations in
| the writ TO Justify his arrest and detention In
jan. Also that warrant to arrest could not be
blended with a writ to summon a jury. The
p2in5 was also raised that the respondent was en-
lltled 10 a Jury OF not less than 20 men from
whlch TO strike, whereas the Sheriff had only
summoned II. Messrs. Harlan & Webster asked
| leave for the sheriff to amend his writ and sum.
mon 70 men, which was granted.
Young l}atzells counsel asked that an excep.
ton be noted TO the decision of the court over.
| ruling the motion to quash the writ.
After the recess the Sheriff returned his
amended writ and a list of % names. They
were examined under oath and when 20 were
secured who had not formed or expressed an
| opinion in the case, the list was submitted &c
| counsel and eight names being stricken off the
jury 10 Try me case was left as follows;
bow, John W. Paca, Robert +. Hanna Charles
w, w. PocoGk, Michael Whteford, George Wonders
| Thomas L. Smithson, Charles O. Brown david
| Hanway and John b. Wysong.
MIR. Harlan stated the case for the petitioner
me young mans mother. He said that Baltzel
two years ago, was worth S2l,OUO, of which Sd. Oh
was invested in a farm near Falston; 1900 il
one mortgage. 81 200 in another and 81 goo In two
ground rents; All he has now left are his two
ground rents, his farm, on which is a Judgment
for 5000, and the IS, 600 mortgage. The process
OF law was invoked by his nearest and dearest
Mr.. Young, on behalf of the respondent, stated
| tha' MS SIDE would prove that the young man IL
not an ha0itual drunkard; that the property was
ms own ana ne mad right to spend 1t or dispose
| OF IL as he pleased that heDp L.
and indulging in excuses did not constitute ar
habitual drunkard in the meaning of the act
Court adjourned until Tuesday morning, wher
Mrs. Kate L. Baltzell, mother OF the youn1 man
was called to the stand. She is a tall, dgnified
lady past middle age. upon whose features care
and sorrow have left their impress She was
nervous and agitated, but controlled herself with
an effort while she told the sad story of her sons
career she began by saying IF could have
would rather have seen him in his coffin"
Her son, she said. is 20 years of age He con.
tTaGted MS habit or drinking at tho University
OF Virginia, the mother discovering 1t upon in.
vestigating the occasion of her sons frequent de.
mands Tor money. She was advised to take him
TO hariord county, with the hope that in the Sc
eiusion OF the country the habit might be broken
Ihey obtained board at Mrs. VIM. Edein's and
spent the summer Of 1882 and several subsequent
summers summers there. The first summer he drank
nothin9' put upon their return to Baltimore city
the old habit reasserted itself. The mother
watched over him, endeavoring to shield him
from temptation. going out in search OF him
when he remained out late at night. and be9gino
him to come home with her. In 1884 she sent
MN alone TO Mrs. Edelin's, her own health hav.
INK lalied, put Phil wandered to Bel Air where
he got into bad company. He spent the summer
OF 1889 IN Montgomery county and drank moth
ing. Phil wanted her to buy farm In Hartford
county promising that IL she did he would ouiI
DRINKING and work it, and the mother, brother
and sister could all be happy together. She
9 enRI inc farm on which they now live, fol
securities which had been left him by his father
amounting IN all to about $4,000. From tina,
lline her lite had been made wretched by heI
sons habits. He was always in Bel Air. and had
the place.. W
The mother, as If fearing her remarks nigh,
SOUND TOO harsh, gently added: but can make
some excuse for Phil. He was troubled by my
sickness. once he came and put his arms
around ai me- and said Mother, I'm not going tc
take another drink. You will yet be proud OF
your son. The next night he came home and
said no one cared for him. A ball had taken
pace ana ne was not invited, and he did not care
was kind, loving son. When intoxicated he
was SO changed that would not know my boy
in be ms at and said he Loved
described how, late at night, upon her son Is re.
turn nome. she would get up, start fire, make
him warm supper and try to bring back the life
| That was almost chilled out. MANY times she
came TO Bel Air and found him intoxicated and
ne YOU'D not always go home with her. Once he
| the streets until one o'clock in the morning She
saw ne was squandering all he had and would
DC reuuced TO poverty and she begged him tC
make over the farm to her. He promised to dc
SO. Last Friday she consulted Messrs. Harlan &
| WEBSTER about the transfer. Phil was found al
drlhking-house and when called out refused
S 40 ~ us ne nad promised, nor would he make
deed OF trust. II did not care for the money j
wanted to save my boy" She was advised Ia
institute proceedings under the inebrlate act and
| did so. NV u"
The examination in chief ended here and while
counsel Tor the respondent were preparing To
ask her questions, the unfortunate and distress
ca lady gazed upon her son, and overcome by
her emotions, lost all self control, moaning
PiteSopusiy, like David over Absalom, 10, Phil
o. Phil Won't you take care of me \"
Sne iell back In an agony of grief, still calling
On On, ner son; VINO rushed to her. A physician be-
ing called for, DR.. Munnikhuysen came at once
Mrs. Baltzell was assisted to one of the Jury
rooms. The scene was one of the most painful
,r distressing ever witnessed in the court ROOM
inc eyes OF strong men filled with tears and one
tons. - " '
A consultation took place among the parties
IN the jury room. after the lady be-
eame Gamer, and 1t was subsequently announce
20 20 lhat deed of trust had been made to Mr..
WIN. Young for five years, and that Baltzel could
not DC held responsible for any debts he might
Mr.. VIM. H. Harlan. at the request of Mrs.
BaltZell, stated that she desired it to be known
that she did not know that her was to be
cerated in jail. Mr.. Harlan said the imprisonment
mad been at his request In order that the young
man might be In condition to appear In court
Monday morning.
, The case was then dismissed and Judge Waters
alsGnarged 1 me Jury for three months, unless
1t is stated that only about $1,000 or $1,000 of
the property remains.
RELIGIOUS NOTICES.
Rey. G. L: Damaron, Pastor of East Hartford
southern Methodist Church, has been unable TO
fill his appointments for the past three weeks.
on account o. sickness bur will Dreach at Aharr