Delaware gazette and state journal., 1896-02-20

grapned MN IlaD ne must culhe' AHuIh-
day morning the attorney had received
telegram saying that Dr. Marsh had a
wounded ankle.
Deputy Attorney General Cooper
stated that NAPLES was admitted to
the hospital about last May. He under
stood that the physicians, Drs. Burton
and Marsh, had signed the certificate
on which Waples was committed,
NAPLES was discharged by the superin-
tendent in November.
Mr.. Cooper held that the question Of
the competency of the witness was a
question which the court could decide
after calling the witness. Tho court,
however, held that the burden of proof
of the competency was upon the party
making the charge.
Attorney General White declared that
the State could not proceed because
NAPLES was its next witness.
The Court then ordered the calling
of the witnesses Those for the State
were require to remain in the witness
room aud those for the defence in the
ladies' room.
Mr.. Hayes wants DIR. Marsh of Nassau
but has been unable to secure his at
tendance. Dr. Hiram Il. Burton of
Lewes was called to the stand in re-
gard 10 Waples' mental capacity. Mr..
Hayes produced the certificate of
Waples' commitment to the insane hos
pital. Dr.. burton identified his own
signature upon the paper but was not
positive as to DIR. Joseph Marsh's sig
nature.
The State admitted the execution of
the certificate, but opposed its going
before the court. The commitment was
dated in June, whereas the deed that
is part of the case occurred October
5th. Tho paper was not allowed to go
before the jury. In tt opinion of the
Court it was presumption that NAPLES
was insane after the date of tho com.
mitment, and the Court admitted the
certificate for its own consideration.
DIR. Burton testified that the certifi-
cate was true.
The attorney general asked DIR. Bur
ton as to NAPLES mental condition. Ac-
corCling TO NAPLES family he had been
acting strangely. He had been in the
habit of leaving his business without
any explanation. He had store in
Philadelphia, where he would put
things outside, then go away and per-
hans not return until next day.
The first time he saw NAPLES and
talked with him NAPLES did not seem
to be proper subject for Farnhurat.
Four or five days or week later DIR.
Burton was sent for again and still he
did not feel that NAPLES should go to
the hospital. The third time the
doctor found him, as he thought, un-
inistakably deranged. The doctor
thought he might have a case of noe
turnal epilepsy. Then he was very
firmly convinced that NAPLES was a
proper subject for treatment in an in
stitution like Farnhurst. DIR. Burton
knew of no trouble between NAPLES
and his family. lie committed NAPLES
to Farnhurst for mental treatment.
At the time Mr.. Burton gave the GER
tificate, when NAPLES was in parox
ism, NAPLES was not able to give inteli-
gible answers. DR. Marsh examined
NAPLES several times. In reply to the
Court DIR. Burton said NAPLES mind
was generally affected.
Mr.. Hayes asked that the attachment
which was issued Wednesday for DIR.
Burton be quashed. The Court dis
charged the doctor in consideration of
the fact that he had two sick patients
whom he felt he could not leave.
DIR. John H. Hammond, assistant
superintendent of the State hospital,
was examined by Mr.. Gray in regard ia
NAPLES mental condition. Dr. Ham
mond said NAPLES was never discharged
but was released on parole. Witness
had not talked with NAPLES since he
left the institution.
Upon examination by Mr.. Cooper
DIR. Hammond said NAPLES would sit
around the hospital and not pay atten-
tion to things. He had a brother on
the upper floor but took no interest in
him, and when his brother died he
paid no attention to his death. DIR.
Hammond didn't believe Waples could
now tell a correct story Of what he saw
in the hospital
In reply to Mr.. Cooper, DIR. Ham
mond denied that he told Mr.. Cooper
that NAPLES was all right.
David NJ. Wapes was called to the
stand. He was not sworn. In reply
to Mr.. Cooper he said he was born in
| Indian River hundred and has six
brothers and two sisters. He made a
good impression by his answers. He
said if he didn't tell tho truth il
would be falsehood to God; that the
Bible is holy book; that it contains
| Gods words. He is member oi
church lie remembered when he went
to Farnhurst and when he left there.
NAPLES stated that he was sun struck
when he was 2l years Of age. He is
now u years old. On one of the days
that DIR. Burton called on him he hao
been working out in the sun and hao
a pain in his head.
Mr.. Hayes asked NAPLES if he re-
membered where he was on tho morn
ing of May 18th. lie said he was al
| Georgetown. On the 10th of May ht
was at Frederica. He went from Mil.
ford TO Georgetown where he went tc
| the sheritf's office.
Attorney General White objected Il
the questioning, as au attempt to in
criminate the Witness The Court sale
the witness need not answer anything
that would incriminate him. The wit
ness gave sensible answers to all ques
tions. Tho Court told him to step down.
After consideration, the Court pro
ceeded to announce its opinion.
1t appeared that the court wa
divided. Chief Justice Lore an
nounced that Judge Cullen and him
self we're of the opinion that the wit
ness ought not to testify. Under tn,
statutory law Of this State he has beel
ascertained to be insane, and as sucl
admitted TO Farnhurst and for a tim
there confined. A person shown to b
insane once is presumed to remain
insane until such is removed heyonc
doubt. In the case of the State Va
Thomas, Chief Justice Comegys agains
his personal conviction, had ruled tina
a person insane once was bounA 10 re
main so.
Two skilled physicians tina
NAPLES is insane The preGshrs ar
| - tt,,... L,,H g.,