The morning call., 1894-08-25
THE SHERIFF LONGS FOR HIS OWN

An unusual proceeding took place be.
fore Judge Hebbard yesterday, when Nal.
vern NJ Foote, president of the Society
for the Prevention of Cruelty to Insane
Persons, presented an application for a
further investigation into the case OF
Walter I. Stone.
Stones was peculiar case and created
considerable interest in the early spring
Of the present year. He was arrested on a
charge of grand larceny, the accusation
being that he had stolen a quantity OF
silks and furs from a Well-kuown retail
establishment of this city. Stone pleaded
not guilty and the trial would have pro-
ceeded in the ordinary way when certain
queer utterances and actions on the part
of the defendant led to the belief that he
was insane, and to an Investigation.
Accordingly jury was impaneled and
Stone was formally examined before
Judge Belcher During that trial Stone
created great amusement and no little
astonishmeDJ by his conduct on the wit
d. neSs-stand. In spite of his attorney and
his friends the defendant persisted that
he was not insane, ana be loudly pro-
claimed his sanity from the hOusetops, de-
carng that be would rather 90 to Jail for
forty grand larcenies than submit to the
lndignity Of incarceration IN a lunatic
asylum.
In proof of his sanity Stone-a small,
loug-bearded, active, restless man-OtfeTed
to instruct the court and jury upon the va
TOus kinds Of insanity. Permission was
accorded him, and the lecture proved most
Interesting and instructive. Sane or in
sane Stone proved himself to be a COM
plete master of his subject, and it was not
until he described portions OF his past life
q q IA a
at all wild.
Then he had sOmeb blOOd-curdling adVen-
lures to relate, frankly admitting having
once tried to lake the lite of man, but, as
he explained, in self-defense. He had been
in trouble be fore, so be knew all about it.
He expressed great affection for his wife,
who sat with his little ones in court, pitt
able n her sorrow and destitu ton. In the
end. despite the evidence Of INSANITY Com
missioner DR.. d. d. Lustig, who testified
that in his opinion Stone was a sane man,
the jury thought otherwise, and Stone was
formally committed to Stockton asylum,
there to rest until cured Of bis dement's
Malvern NJ. Foote made Judge Hebbard
acquainted with the facts Of the case yes
teTday. Then be gave his reasons for
demanding further investigation before
q jury. He said that he bad proof of
Stones sanity; that in his opinion the
man had never been insane, and that the
ought to claim his prisoner, to place him
in jail to await his trial on the charge Of
grand larceny.
II claim this under section 25S of the
Civil Code" said Mr.. Foote. In this
case there has been a fraud perpeirated
upon the Stale by Stones attorneys, a
thing only too common under the present
system.
''Dr. Lustig is present and will tell you
that In his opinion this man was never in
sane. Also. the mans wife, who has
borne two children to him. wishes him to
be taken from the place whsre he is now
confined"
Judge Hebbsrd said that where a man
had been committed TO an asylum by the
Commissioners of Insanity he thought he
bad the power to order an investigation
before jury, but where a jury had al
ready passed upon the matter, as IN this
case, he did not think he had that power
Your best plan. Mr.. Foote. is to bring
the superintendent of the asylum up on
an order TO show cause why he should not
be punished for contempt of court in re-
tanning a patient now recovered. This
proceeding WILL Of course. bring about the
Investigation YOU desire"
'Foote agreed to do this, so that the un-
fortunate Stone is likely TO appear before
a jury for second time before long.