New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-17
FIELD MENTALLY UNSOUND.
SO JUDGE VAN BRUNT DECIDES.

The PRISONER TO BE COMMITTED TO An ASYLUM
FOR FURTHER EXAMINATION.
Judge Van Brunt, sitting in the Court Of oyer and
Terminer, yesterday decided that F. VI. Field OF the
bankrupt firm OF Field Llndley, Wiechers & Co., was
mentally incapable OF conducting his defence The
prisoner will therefore be committed 20 all asylum.
The Judge expressly says that be does not believe
that the evidence proves Field 10 be insane The
Jury in oyer and Tcrmner disagreed. eight believing
him insane.
District Attorney Nicor said yesterday that he
would prepare order I'm day or two for the
Judge to sign. The asylum to which Field will be
sent will be designated by Judge Van Brint and
the prisoner will be taken there that his actions
may be observed by disinterested persons The iuu
text OF the opinion is follows:
The issue involved In this preliminary trial Of the
the deiendants guilt innocence OF the crime OF
which he had been indicted, but as to whether his
the nature Of the proceedings against him and con-
duct his defence. This investigation can be con
the aid OF jury for its advice or 1t may refer the
matter 10 commission. In the case at bar, the court
science OF the court I'm the determination of this
question; and although the Jury failed to asret, We,
the trial upon the Jury has been OF assistance In de
tcrmning the matter 10 what conclusion should
be arrived at by the court upon the questions In
volved. Although the evidence failed TO satisfy me
that the defendant insane, yet 1t served 10 estab
ut the present time to be called upon u plead. as II
was extremely doubtful whether he did understand
the nature OF the proceedings or was able 10 con
duct his defence. The evidence In this case consists
very largely of expert testimony. and peculiar
feature OF this testimony was concurrence In the
Conclusions If the facts upon which these conclusions
based actually existed.
10 virtually conceded that II this defendant
actually suffering from the symptoms which he pro
fessed TO describe that he had the disease OF mean-
chOla. which Is a phase OF insanity and the points
Of difference the conclusion OF lie expert
evidence TO the verify of the symptoms described
Win hflip Nfpd a. de
being OF the opinion that they egned, and those
Who testified 10 his insanity believing them 10 he
genuine manifestations Of disease The force OF some
OF the testimony the effect that the symptoms de
shaken I'm at least instance, because OF the reason
which assigned for the belief that the symptoms
complained OF did not exist In reality such reason
not only not addressing Itself with any force 10 my
Judgment but leading me TO an entirely opposite con
clusiOn Under these circumstances, there being snch
doubt as to the existence Of these symptoms upon
which the question OF the DEFENDANTS sanity or insanity
depended and II being certain that within reason
able period of time this defendant was subject TO as
Interested observation. any fcgnng Of symptoms might
easily be detected and thus the question OF his mental
condition be absolutely set at rest, II seems TO me that
the proper wOuld be to send the defendant 10
his friends and relatives could have possible con.
troll, that ii might be determined by dlslneesifd
witnesses who would be thrown In daily contact win
the defendant 10 whether there was any felgnlng
OF symptoms whether they actually existed. Inc
determination of these facts will absolutely dispose OF
all questions In regard 10 his mental cOhll,lOh anu
thesefOe conclusion Is that he should not be called
upon plead at the present time but that by order OF
supervision until It be definitely determined
to whether any of the symptoms which he clalins
to exhibit actually exist, fcgned for pur-
pose of creating belief in his diseased state OF mind