New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-08-28
AN APPEAL FOR FREEDOM.
COLONEL ROGERS IN BEHALF OF MEN
SAID TO BE INSANE.

JUSTICE GOODRICH HEARS EVIDENCE IN THE
CASE OF FRANK AUSTIN. WHO SEEKS RE
LEASE FROM THE ASYLUM IN AMrrN-
vILhE-oTHER CASES On THE
CALENDAR.
Supreme Court Justice Goodrich gave nearly
all his time yesterday to an inquiry. On writs
of habeas corpus into the sanity Of the -FOUR N
mates Of the Long Island Home at Ami'yVi"e
for whom Colonel Albert II. Rogers sued out
writs on Tuesday. The four men are all Free
Masons and Colonel Rogers, who was an IN
mate Of the asylum until three weeks ago IL
also a Mason The men are Frank Austin. of
No 10 Somerset. Brooklyn Albert katz.
whose family lives in Harlem; James Madison
Lcary, formerly a captain OF the New-lork
police. and Colonel William Hayward once an
officer of the Confederate Army. The only pa
tent not in court was Captain Leary. who Is
totally blind and cripple Relatives of each
of the men were in court. accompanied by law
vers. who were instructed by them to oppose
their discharge. Albert f. jerks j. FRED
Creyer. Theodore j. Herman and Cardozo
Beathers among the group of attorneys
Mr. Creyer handed to Justice Goodrich letter
written by Captain Leary. in which he stated
that Colonel Rogers had acted without his
knowledge or consent.
Justice Goodrich took occasion several times
during the hearing to say that he believed
Colonel Rogers had acted from praiseworthy
motives and had done what any other citizen
would do and ought TO do, if he thought sane
man confined in an asylum
But" added the Court. this calling of men
from lunatic asylums is somewhat dangerous"
Mr. jerks said all the men were committed to
the Home by Judges OF courts Of records or the
certificates OF two physicians in each case.
II am not student of psychology" said Mr..
jerks but Colonel Rogers seems 10 have
fancy for getting Iunatics out Of asyums. The
records of the New-York courts show that this
gentleman tried to deliver Wards Island
of 700 Of its insane patients on habeas corpus.
He seems to think it his Heaven called duty to
rescue insane persons. where families, loving
and devoted want them properly cared for.
Dr. O. j. Wilsey. the manager Of the Home.
was called to testify as to the condition Of Frank
Austin. whose case Justice Goodrich took UP
first DR. Wisey testified that Austin suffers
from suicidal mania and that ne tried several
times to destroy himself by battering his head
against the wall Lately Austin has shown
signs of improvement. but. DR. Wilsey said. he
had shown such signs before and became insane
again. The witness said that he would not adj
wise Austin's discharge until he had recovered
Mr. Darlington. of Darlington jenkins. coun-
sci for Colonel Rogers, gave DR.. Wilsey sharp
cross examination as to the management of the
asylum and the periodical visits OF the state
authorities but discovered nothing of a nature
calling for investigation.
Clara = Austin the wife IF the alleged luna
tic testified that her husband was III and nerv-
Gus before he went to the asylum. and often ex-
AfrCf In
said she believed her husband was not yet cured.
and wished him TO stay in the asylum until he
s. His only income is pension of so month
from the Government Mrs. Austin said she mad
no trouble with her husband.
Dr. Joseph J. OConneil. who was one al the
two physicians who signed the certihcate on
which Austil was committed to the asylum tcs-
tilted that the man had suicida. mania of an
acute type al that time
Justice Goodrich expressed desire 10 examine
Justin privately and all the lawyers consented.
THE Lord High Chancellor of England does
the same" said Mr.. jerks
Austin told the Court that he did not want
70 STAY in the asylum. because he thought ne
would have a better chance TO improve if he
could get out.
renuest of the Court. said that he was more
rational than when he first saw him lie was
legally sane. bur was liable I" suiIer relapse
at any time He better off in the asylum.
Colonel Rogers who reminded the Court win
some pride that be was formerly Deputy Comnis,
einner of Street Cleaning in New YORK, ttSllneu
maj he was i'm the asylum for thirty-two weeks.
ON August = he was taken To New-fork by Dr
NVilsev and dumped" in front of the house OF ms
friend ex-Alderman Arthur J. McQuade. He
was attracted to Austin because he was a mem
Der of Star Of Hope Lodge. +. and A. NJ. and OF
I.ouis Hamilton Post. G.. 4. X. Austin asked nm
10 get a writ OF habeas corpus as soon as NJ got
10 NeW-York Before being taken TO New-fork
Rogers advised Austin how 10 behave himself. 80
as 10 save himself from being beaten by the at
lendants which had been the COlOnels expert
ence
Colonel Rogers said he had no business. but ad-
United that he was studying law with Darlington
g. Jenkins.
II have been studying law for eleven years" he
said. Il am studying habeas corpus proceedings
very closely al this time. Austin is sane. | once
went out fishing with him. and together we
caught 2:}1 mackercl.'
Colonel Rogers said he had an interest in the
hydraulic elevator patents until his partner and
sold them TO Otis
Colonel William A Hayward, who is one Of the
persons named in the writs. explained 10 the
Court that he had been shot six times. once
through the lungs. and could not speak loud. He
said Austin was able to converse il telligently de-
spite some difficulty because Of his deafness
which was caused by the bursting Of a shell at
Port udson.
The hearing on the Austin Katz and Hayward
wriis was adjourned until next Wednesday. and
that on the Ieary writ for a week
SALVATION ARMY MEETING.