The times. [volume] (Richmond, Va.) 1890-1903, 1893-03-24

connection with the asylum, and was
asked by her son and the family TO look
out for and treat whatever was wrong
about here mentally and physically when
| n scersary. lie says that he has been sent
| for frequently TO see Mrs. Stratham and
treat her for some physical disability.
never serious. That on these occasions
and at other times he has kept her
mental status under close inquiry. OBJ
servation and scrutiny and has never on
any occasion found any mental aberra-
ton or disability.
"Te nurse reported 10 him that Mrs
Stratham was nervous and restless, and
he went to see her. and closely observed
her, and there was no foundation for the
statement whatever. On another occa-
sion the nurse said that he had better
see Mrs. stratham that day. and he
went three times that day. and did not
let the family nor Mrs. Stratham know
why he came, and he found her free
from excitement or any illusion Whatever
With the exception Of these imprudent
apprehensions Of the asylum's nurse, he
had never heard from neighbors. visitors,
or any other way that Mrs. Stratham
was of unsound mind. After the closest
scrutiny on many occasions (to sum up
his testimony. he found nothing whatever
wrong with this lady. II she was ever in
now perfectly sane.
"Dr. Terreice's testimony sums up: My
opinion Is decidedly that Mrs. Stratham
Is "A sane woman now.
"Dr. Clark. an eminent physician, who,
during six years service in the Legisls-
ture, was accustomed 10 the examination
of asylums, and often visited them all
In the discharge of his official duties. and
was possessed Of large means of knowl-
edge of the characteristics Of the same,
sums up as follows: Whatever may have
been Mrs. Stratham's condition hereto
fore, consider her now perfectly sane
"Dr. Patterson says: AT the present
time she is sane. TO me she has always
presented a uniform condition Of sanity.
There are others of like effect but we
have cited enough, and to this there
is nothing per contra; not a word or
line, except the suggestion that she may
become insane by the superintendent.
who has not seen her for nineteen
months. and when he did then see her
she was in such sound mental condihoh
as 10 be released from the asylum or
furough.
80. referring TO what has gone before
we are justified In saying that MIs
Stratham is a perfectly sane person.
Indeed. her sanity was distinctly ad-
mitted AT this bar by the distinguished
counsel who appeared here in behalf or
William and Mary 10 resist the release
OF their mother, and as was stated suo-
seauentIy. to maintain the dignity and
usefulness of the asylum.
"'rhen IT, first. Mrs. Stratham Is sane
and confessediy So and, secondly is not
she I'm actual II in constructive custody?
"Ought she. II entitled TO her freedom,
he reranded 10 the asylum. TO be eX-
amined and discharged? Ought the rules
OF the asylum 10 so require? ana II they
do so. ought they TO he enforced In TINS
case?
'Jnsane asylums are for the care ana
custody of the insane There is no law
full place in them for the sane man. H.
In such a case as this, an improving pa
tient has been released temporarily FOR
her Improvement. and she has gone on
To Improve. as is conceded and as Is,
moreover. distinctly proven in this case,
until she is blessed by complete recoV-
cry and perfect restoration 10 heaith'
ought this delicate lady, nearly three
score and ten years old, TO be released
entirely, or should she be carried back
against her VIII 10 the lunatlc asylum
before her just status can be recognized!
We think if she is sane she Is entitled to
her freedom. She can only be held upon
the ground that she is insane. II she is
not a lunatic. then the lunatic asylum Is
no place for her. IL was not established
for any such purpose.
But technical questions are here raised
as TO the proceedings. and the form OF
proceedings. In a case like this the court
ought not TO lend a ready ear TO any
thing but the very right of the case.
THE arguments were. Of course, made
upon technicalities. the first question
being that of Jurisdiction. and the second
as 90 whether there should have been
mandamus or habeas corpus
The other opinions were as follows:
furmbos administrator against City
Street Car Company From the Circuit
Court of Augusta county. Affirmed
Judge Lewis delivering opinion.
Roach against Bakey. From the Cir
cult Court of Greene county. Affirmed
Judge Lacy delivering opinion.
Saunders against Prunty. From the
Circuit Court OF Franklin county At
firmed. Judge Fauntleroy delivering opin-
ion
Harris against Harris. From the Cir
cult Court of Albemarle county. Re
yersed Judge Hinton delivering opinion
Norfolk and Western Railroad Com
pany against Torrences administrator
Further argued by r. g. Poore. Esq, for
defendant in error and Judge w. r.
Mann for plaintiff in error, and sub
mitted.
Richmond and Danville Railroad Com
pany against Yeamans Argued by cap
tain Charles NJ. Blackford for plaintiff
in error and II. W. Peatross for defen-
dant in error
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