The Portland daily press., 1895-11-20

1 A~AV Sabo aS EAclL6O 1tAhbSestAASS~e-S
Greatly-some Peculiar Questions the
| Court Will Have to Pass Upon.
| Boston, November 19.-What will be
surprise to many people, but what Will
not surprise others, is the fact that hev.
Frank Hyatt Smith of the North avenue
Congregational church Of North Cam
bridge has been pronounced insane by
one Of the most eminent physicians III
Cambridge, DR.. Edmund Fl. Stevens.
Many of Mr.. Smiths most intimate
friends hvae suspected this for some
time, and they think it is induced by
oyerstldy and overwork.
Last Thursday his counsel in the new
celebrated case W. S. B. Hopkins, filed
a motion in the clerks Office which prac-
tioally declares him insane. 1t is as fol-
lows:
"Now comes the defendant, Frank
Hyatt Smith, and says that at the present
time he is insane and mentally deranged,
SO that he ought not now to be tried for
the Gfense with which he is charged,
and that at the time he pleaded to said
| Indictment he was in the same condlt-
| ion.
| Accompanying this motion of Mr..
Smith 8 attorney was an affidavit filed by
DR.. Edmund II. Stevens, the family ply
sician of Rev. Mr.. Smith, declaring him
| insane.
| It.is as follows:
| "The deponent uponEoath declares that
he is now, and has been for the rs years
last past, physician in active practice,
living in Cambridge, in the county OF
| Middlessex, in saidsdistrict.
| "That for five years last past, he has
been the family physician of the defend
ant; that he has been intimately ASSOCIATE
ed with the defendant as friend, and
has had excellent opportunity for aoquir-
ing, and has acquired extensive knowl-
| edge in regard to the tlefendent and his
farnily; and that it is his opinion that
che defendant is now mentally unbal-
| anced and insane.
| The officials connected with the United
states Court have kept the filing OF those
| papers profound secret and very few
! persons outside those interested knew
/, that they were in the possession of the
clerk. The district attorney and his as
sistants also aided the clerks in keeping
!; tie matter from the press asssmuch as
| ,elssible.
tho document which has been filed in
! ts art is entitled Suggestion of In
+, uys and Is dated November IA. 1t
! -. q vs rise to very unusual line of
MI. Bancroft G. Davis of counsel for
| Rev. Mr.. Smith, was seen, aud declined
to say anything in reference to theslnat-
ter, beyond that fact that the papers had
beensdled, and are public property. He
said they spoke for themselves. He
was under the impression that they
would be argued in few days. That was
all the information he would accord.
From other sources, however, it was
understood that the application is a very
peculiar one. The point at issue is not
whether or not Mr.. Smith was insane at
the time it is alleged the postal cards
were written, but whether he WAS SO at
the time he pleaded, and at the present
it would, of course, be matter of infer
ence as to whether he was notsalso insane
at the time the government alleges he
wrote the postal cards.
| ! DR.. Stevens declares he is insane at
the present time. But the government
will not take it on his opinion solely,
and have alreadyktaken steps to make an
dation for the investigation Of insanity
DR.. Jelly, the insanity expert, best
known in the oity of Boston, and DR..
Cowles of the Mclean. hospital, have, it
is understood, already made an exaIni-
nation of Rev. Mr.. sSmith, and it is stat
ed, with some show of authority, that
they1haveffound reasons for agreeing with
the conclusion reached by DR.. Stevens.
The mode Of procedure in deciding
whether or not the defendant is insane.is
somewhat striking. A special jury may
be empanelled, under the common law,
to decide whether Rev. Mr.. Smith is in
sane or not.
In the other hand, the judge may him.
self try thescase without the aid of jury.
Should the defendant not be found to be
insane of..course his plea would stand, as
it was originally made. But if the judge
or the jury should find that he was in
fact insane when he pleaded. then he
could be committed at once to ALI insane
asylum and further proceedings would
be dropped.
The latest phase of the case, therefore
sustains the reputation which theSpar-
ties to it have established from the be-
ginning, namely, that of furnishing one
Of the most sensational cases which have
aroused the interest and curiosity of the
people of Massachusetts for great many
years.