The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-09-23
WAS NOT INSANE.
The Strange Story of p.
B. FitZgibbon.
HIS LONG CONFINEMENT.
Sent to Napa Asylum Because
he Defended his Rights.
NEVADA COUNTY MINERS TALE.
After Twelve Months His Wife Sc
cured a Writ for His Further
Examination.
NEVADA COUNTY MINERS TALE.

curious story was told in Judge
belcher's court yesterday, of which the
hero was a man who for the past twelve
months had been an inmate of the lunatic
asylum at Napa.
1t was just at the beginning Of Septem-
Der in last year that the occurrence came
about that resulted in the incarceration of
T. B. Fitzgibbon, an elderly Nevada
County miner. FitZgibbOn had some
claims in that county which be had
worked for many years with more or less
success. According to the story told by
him he was standing guard over one of his
waste-gates when a gang of nine men from
nelghbOring mine, owned by powerful,
well-known company. came up and at
tempted to eject him from his position.
Fitzgibbon showed fight, however, and
by means of a heavy ak he succeeded in
standing off his assailauts. One or two
men got badly hurt in the scuffie, and one
of 'hem-a man named Waterson-caused
Fltzgibbon's arrest on charge of an as
sault with a deadly weapon. He was
placed III the custody of Sheriff Douglas,
and by him treated with great brutality,
according to the mans story. For three
days he was kept in close confinement and
scared of the very food they brought him
10 eat. He got it into his head that his
captors wanted to poison him, and he pit
.eouSlv begged that his wife be permitted
to bring him his meals. This request.
however, met with a peTemptory refusal
from Sheriff Douglas.
AT that time il was conceived that FitZ-
glbboD was insane, and much against his
Will jury was got together to decide upon
nc Tnn oil ~ .
is that that jury was packed, aud that the
examination was conducted in q grossly
u fair manner. However this may be the
result was that FilZgibbon was declared
insane and ordered to be confined in Napa
Asylum until cured.
There he remained until a few days ago,
when the poor mans wife applied for a
VIII OF habeas corpus upon which to have
her husbands condition properly investi-
gated. Mrs. Fitzgi bbon was loud In her
pTOtestatl0n that her husband was per-
tectly sane. and after hearing her story
Justice Mcfarland granted the writ re-
tuTnable before Judge Belcher yesterday.
There was no opposition to the inquiry,
and everything was conducted in a most
orderly manner. FlzgibbOn was placed
on the wiLness-stanG and examined by his
attorney, while the State was represented
by Assistant District Attorney Peixotto.'
WHO watched the case.
FItZglbbOns proved to be a respectful le-
looking, intelligent man and told MS story
IN very straightforward way He said
that he had been railrOaded to an asylum,
and on his arrival there bad not been sub
Jected to proper examination. He said
that on the second day after his arrival in
the asylum he was visited by three physi-
cians-Drs Smith, DoZier and Bowles-
who commenced to put him through kind
nj catechsm. FiZgiobOn ventured to ask
DIR. BOwles how long it took TO ascertain
whether man was insane or not, and
the doctor replied "Oh. sometimes
month, sometimes three years" Then the
unfortunate man turned to DR.. Smith and
asked him he straight question, 'Do you
think I'm inSaneW But the doctor re-
fused to answer, saying that the question
was one Of too great i'm Dortance.
In this unsatisfactory condition the ex-
animation of Fl ZgibbGD closed and he was
left to mourn his fate for twelve long
came to his rescue. FitZgibbon informed the
court yesterday that lie had lived forty
two years in Nevada County and had had
no trouble whatever. He seemed a quiet
peaceable man, anxious TO conceal nothing
and certainly betrayed DO outward signs
of insanity. He seemed desperately
anxious to be set free so that he could re-
turn TO the mining districts and look after
his claims and water rights, which had
been left so long neglected. His wife was
present in court and seemed to betray
great anxiety in the proceedings.
FitZgibbOn' examination came to an
abrupt end, as Judge Belcber, who is suf-
fering from the heat and the effects of a
little malaria, suddenly said he was too
sick to hear more. So the examination
was continued until tomorrow morning
In the meantime Fitzgiboon was sent to
the Receiving Hospital, there to be looked
alter until decision Is arrived at