Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-02-07
A PECULIAR DAMAGE CASE.
Relatives of J. J. McFee Will Take
the DiKmont Tragedy to,Court
ENTERING A CLAIM FOR $4,000.
Attorney Charles F. NcKenna Says There Is
Good Ground for Action.
A SIMILAR SUIT NOW oNtIN NEW YORK

An interesting suit will be instituted
shortly against the Commonwealth of Penn
sylvania to recover $50, 900 damages for the
killing of John johnson McFee, an insane
spatient at Dixmont, by o. A. Williams, an
other insane patient. The killing occurred
two weeks ago McFee was sent to Dix
mont from Allegheny about year ago. He
was harmless invalid who talked inces-
sanity Williams was committed to the
'institution two davs before the killing He
was brought to the asylum by the Sheriff of
Washington county He, too, was consid-
bred harmless.
On account of the crowded condition of
the institution several of the unfortunates
were placed in the same room. The second
1ight after the arrival of Williams one of
she attendants was attracted to the room by
bounds of scufling. 1t was discovered that
Williams was viciously struggling to
Strangle an insane deaf mute who was in the
room with him. While resuscitating the
mute the physicians found McFee lying in
y corner of the room. He was dead.
The Relatives Want Damages.
Williams had stuffed his mouth full of
cloth, and with strip of the bed sheet had
tied the mouth shut and death resulted from
,Btrangulation. Williams admitted the kill
ing He said he wanted to sleep and was
unable to do so on account of McFee's chat
tering. 'He's not dead He'll be all right
in the morning." Williams said when
charged with the murder. He was at once
confined in a ward with other violent
patients.
McFee was buried at Williamsburg,
where some of his relatives live. Other of
his relatives live in Ohio, and they have
retained Charles F. McKenna to look after
the case for them The Coroner held an in
quest on the dead McFee. The authorities
were exonerated, as the evidence showed
that they were not responsible for the
crime.
Httorney McKenna says the State is re-
sponSible for its officers, and he believes
there is good cause for action. He has been
looking into the history of Williems and he
is confident he can establish that Williams
was known to be violent before he was COM
United to the asvlum. Since the killing it
has been reported that Williams was at one
time sent to the penitentiary for attempted
murder and that he became insane while in
the prison. This report could not be veri-
fed last night
A Precedent for the Action.
The suit when brought will likely attract
widespread attention. 1t will be contested
earnestly on both sides. Mr. McKenna
said last night that similar suit was re-
Gently brought against Kings county, n.
Y, where a man had been dangerously hurt
bv a lunatic who had been released from
the Kings County Insane Asylum before he
had been cured and while the authorities
knew he was insane. The New York case
mas not vet been decided
''The law in NY Judgment is clear in speh
cases." Mr.. McKenna said. 'sThe persons,
parties or corporation responsible for the
management of Dixmont l believe can be
held responsible for McFee's death. The
low bearing on the subject will stand test
ing any way.
eff the case should be decided against the
hospital it will bring about many new con-
ditions 1t will prevent the overcrowding
of the institutions and will also prevent
dangerous lunatics from being discharged
from the institutions whent hey are unsafe
TO be at large"