Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-11-07
SANITY IN QUESTION.
Judge Stowe Requested to Name a
Commission to Examine
A WELL-KNOWN SOUTHsIDE MAN.
Only Six Small Cases Argued Before the
Supreme Justices.
A DULL DAY In THE DIFFERENT COURTS

The fact that many rich people are in
constant danger of being sen: to .lunatic
asyluns was brought out plainly yesterday
In the proceedings before Judge Stowe in
the case of the Commonwealth e1 rel John
Woods. His son some months ago asked
that the old gentleman's sanity be tested
by commission. y. W. Shafer
went into court and had proceed
ings quashed on the ground that the
petition was not supported by afidavits de-
claring Woods insane. The act governing
the matter saws lunatic is one OF unsound
mind and atfidsvits must be made setting
this UP before commission will issue. The
consequence was that the case was dis
missed. The son then set to work anew and
commissioner, Mr.. McClay, was appointed
and considerable testimony taken.
This Kept up until the petitioners at
torney, ex-,Tudge Fetterman, decided that in
order to probe the case thoroughly the gen.
tleman must be removed from the infiu-
ence of those who are fighting the petitioner,
William Woods So Mr.. Fetterman ap-
piled for writ of habeas corpus to effect
the object and this brought the case back to
It.
Insanity Not Alleged.
For the respondent, the old gentleman,
appeared with Mr.. Shafer. J. S. Ferguson
and K. c. Bigham. Mr.. Shafer resisted the
application for habeas corpus and again
moved 20 quash on the ground that the
petition had not vet complied with the act
of Assembly. He said the people who made
the afidsvits did not allege that John
Woods was insane, but merely that he was
unfit by reason of age and infrmity to at
tend TO his business. This, it is held, gives
no cause for interfering with him as
he years ago, as alleged. in good
bodily health and undoubtedly in good
mental condition, made his will and is said
to have literally taken care of his SOL, the
petitioner, in time past. Mr.. Shafer held
that no matter if it were shown that John
Woods was unable to attend to business, it
did not necessarily follow that he was in
sane or even needed guardian, as he and
his wife were living comfortably with their
son-in-law and daughter, DR.. Mccormick
and wife, on Mt. Washington, and
the latter found no fault The fact
that the old man had already long since
settled his sub-lunary affairs rendered it not
only unnecessary but cruel to disrupt his
pleasant surroundings.
says III Is All Irregular.
The object sought to be obtained by the
habeas corpus was to get Woods where he
could be examined bv physicians, and the
objectors held that he had not been re-
strained, but Mr.. Shafer proposed to cut the
whole matter short by simply having the
petition quashed for irregularity. 1t is said
there is constant menace to people
possessed of means in the fact that the
petition asking for their examination by
commission ''de lunatico inquirendo" are
not generally closely examined by the
Court, which cannot be expected to read
every paper presented. If a commission
be granted. and the object be somewhat
nervous and irritable, he may, though not
insane. be 5adgered into condition closets |
resembling madness and appear to his |
decided disadvantage. In fact, the 1nvesti- |
CATION is necessarily disconcerting one.
Judge Stowe reserved his decision.