The times. [volume] (Richmond, Va.) 1890-1903, 1893-03-24
A DRAMA In REAL LIFE.
TWO CHILDREN WISH THEIR SANE
MOTHER IN LUSATJC asylum.
A Important Dec~sion I'm tho Supreme
Court which Makes Mrs. stratham, Of
Lynchburg, . Happy Woman.


dent. and others. Judge Lacy delivering
the opinion, Judges Richardson and Lewis
dissented upon technical grounds. Judge
Fauntieroy in most vigorous manner
declared his unhesitating and cheerini
consent that Mrs. Stratham be allowed
the peremptory writ of mandamus prayed
for by her so anxiously.
He was clearly OF the opinion tnat the
writ Of mandamus and not haheas corpus
was the proper writ for the supreme
Court 10 issue. and thus fully obtain the
relief asked by Mrs. Stratham.
The plaintiff. accompanied by many OF
her friends-all from a distance-were
present at the argument before the sn-
preme Court, for the decision would de-
eide whether by the writ OF mandamus
Mre. stratham should be again surrep-
titiousiy consigned and confined within the
Western Lunatic Asylum at stanton,
there 20 hear the demoniacal cries ana
hideous shrieks OF her unfortunate fellow
creatures.
Never was there a case before the Su-
prems Court which elected such severe
criticism from the Judges. A lady OF
wealth and refinement, confessedly sane
and, as maintained by her counsel, never
iegttimateiy incarcerated, TO be perma-
nently confined in an asylum, was what
drew forth the horror expressed oy JUDGE
Fauntieroy.
He spoke OF DR.. Blackford in the most
chivalrous manner, and took special oc-
casion to express his opinion that Dr.
Blackford had done nothing inconsistent
with his reputation as a physician ana
gentleman.
Or. Blackford was constrained TO act as
he did by the law, and II was not until the
case was decided yesterday that he knew
completely the path 70 pursue.
The case went TO the Supreme Court
as an appeal from n judgment OF the
Circuit Court OF Lynchburg, rendered on
November %. 1892.
The petition OF Mrs. Maria V. Stratham
was filed in the Circuit Court OF Lynch
burg asking for a peremptory writ or
mandamus against Or BENJAMIN Black
ford, superintendent Of the western LII
matte Asylum; Alien w Talley, commit
tee OF Maria v. Stratham: William w.
stratham and Mary Stratham. seeking to
have n discharge from the asylum and
certificate OF the same, as provided In sec
ton 1888 OF the Code Of Virginia.
The case IL briefly as follows
'The petitioner is an old lady, sixty
seven years of age; is widow ana
person OF considerable property in the city
OF her residence. She has four children
Thomas r. Stratham, with whom she re-
sides. in the city OF Lynchburg; William
w. stratham. who resides i'm Appomattox
county; Elizabeth Morris. who resides
with her husband in Duluth, Mimi, and
Mary Stratham who also resides in Du-
luth.
Her husband died May 81, 1889. In
four or five days after her husbands
death she was persuaded by her son VIII
liam and her daughter Mary 10 go 10
Appomattox for her health. and she con-
scented, as her health had been poor. In
tending to make a visit only.
After being there short time she eX-
pressed her desire TO return 10 her home
in Lynchburg. but William and Mary de-
tanned her on one pretext or another until
August following, when they went 10 the
county court of that county and without
her knowledge. and without notice to her.
or giving her any opportunity to defend
herself, obtained an order Of the writ ad-
judging her insane, and appointing Allen
w. Talley her committee, and divestlng
her Of all of her estate
THE said William and Mary kept her
in Appomattox under restraint until the
following year. 1890. when they obtained
an order from the justices of that county
committing her TO the Western Lunatic
Asylum without notice TO her. and with
out her being seen by the justices.
And they Immediately carried her TO
said Asylum without her having any
knowledge of her destination until she
was incsrcerated In the said asylum.
I'm the following year, under require
ment of the board Of directors Of the
asylum. she was granted furlough and
cent 20 LynchburS in charge of Miss
Beard, one OF the attendants of the
asylum, until July IL. 1892 She remained
IN the house of her son, under the care
Of this person. who then left. and since
then she has resided with her son with
out any incidents 10 indicate any I'M
soundness OF mind OF any sort, and that
she Is perfectly sane. That she has ap-
Piled 10 Or. Blackford. whose residence
before his appointment as superintend-
snt was in Lynchburg, for her discharge.
That he has visited Lynchburg several
times since she came from the asylum
and efforts have been unsuccessfully made
TO obtain interviews between MIN and her
when he was In the city OF their common
residence, that he might from personal
observation and examination be con
WINGED of her sanity, but he refused TO see
her. and says he holds her under the
jurisdiction Of the asylum at the request
OF her son. William w. Stratham and
her daughters, Mary Stratham and Mrs
<aOliiS, anu MT. 1dllsN.
and that he is informed that she has
paroxysms OF recessant mania.
THAT her said husband, by his Will
disposed of a good deal Of her property
discriminating In his will against her
son. Thomas. and in favor OF said WI
liam and Mary, and that William and
Mary had some reason TO think that She
by her will, would make up the irregu-
iarity TO Thomas. and might renounce
her husbands will. Hence their conduct
In taking her from home to another
county and having her deprived of her
liberty and control Of her property there
without notice to her. and without her
having an opportunity TO be heard in
her defense.
''She prayed that a mandamus be
granted to her. and the parties defendant
be required TO show cause If any they
could against her said prayer That the
question OF her sanity might as properly
be tried by the court and Jury un-
panelled If necessary TO try the question
OF her sanity.
ITO this petition DR.. Blackford de-
INJURED and answered that he was in
structed by the board of directors not to
resist her discharge (Which answer was
subsequently withdrawn.
THE committee demurred and an
swered that he believed she was Incapable
or managing her estates, whether she be
AT this time continuously insane or not.
William and Mary demurred 10 the petit
ton.
THE circuit court sustained the de-
murrers. and dismissed the petition.
From which order of the Circuit Court
OF Lnchburg the plaintiff applied for and
obtained writ OF error TO this court.
Before the case came on TO the heard
the petitioner had taken certain deposit
lions without exceptions. and the said