The sun., 1896-08-28
AN EX-LUNATlC'S WRITS.
COZ. ROGERS Calls FORMER AST-
LUM COMPANIONS TO COURT.

They Are Inmntes or an Amttyville Institu-
tton for the Gnsnne-The Coloners Efforts
TO Have Them Restored to Liberty Arc
Not Appreciated by Their Relatives.
Three of the four inmates OF the Long Island
Home, a private asylum at Amityville, for
whose release Col. Albert Fl. Rogers, cx-Deputy
Street Cleaning Commissioner, had petitioned
were yesterday before Justice Goodrich In tho
Supreme Court in Brooklyn. They are Frank
Austin of 122 Somors street, Alfred II. katz
of Harlem, and Col. William Haywood, an
eI-Con federate veteran. James Madison Leary,
who was formerly police Captain in this city,
1t was explained could not be brought from the
home, as he is blind and crippled
Lawyer J. Fred Creger appeared as the rep
resentative of ex-Cnptnin Lenry's family, and
presented written statement to Justice Good
rich saying that the writ In this case had been
procured without the knowledge or consent of
Mr.. Leary's relatives. Incorporation Coun-
sci Alnet +. jerks. who represented the
relatives of the other alleged lunatics.
said that Col. Rogers had acted entirely
on his own responsibility in institutinR
the habeas corpus proceedings not having
had any consultation with them. Col Rogers had
merely posed as their friend In procuring the
wrIts The Colonel, he said, seemed TO have
fancy for getting lunatics out of asylums, and
his record showed that he had once tried to get
200 person from the Wards Island Asylum.
"Col. Rogers seems to think" Mr.. jerks
said, that 1t is his duty 10 rescue insane per-
sons, whose loving and devoted families want
them properly cared for"
John S. jenkins OF the firm of Darlington 81
jenkins asked for an ad tournament OF the hear
ing. but the request was denied by Justice
Goodrich. who remarked: THE calling OF men
from lunatic asylums Is somewhat dangerous"
The case OF Frank Austin was first cpnsd-
rp1 n ri,,,, NJ I, ,b.,
home, testified that Austin was n sufferer from
suicidal mania. and that he had tried to kill
himself by banging his head against tho wall
OF late there was marked Improvement in the
patients condition, but the Doctor would not
recommend his discharge.
Mrs. lara +. Austin. wife OF the patient, tcs
tihtd that he had been good husband and
father and had provided Tor his family until he
to be liberated until she felt assured that he
had been cured.
Dr. Joseph j. o O'Connrll, one Of the physicians
who certified to Austin's insan,ty SAID that he
was suffering from acute manin of IA suicidal
type al the time OF his committal to the institu-
tiun.
Justice Goodrich then had Austin brought up
to the bench and questioned him briefly. Austin
said that he did not wish to remain in the
asy luIn. believing that he would have better
chance to recover If he regnined his liberty
by direction OF Justice Goodrich. said that he
was much more rational than when first ex-
amined. While he was legally sane man. he
WAS likely ut ANY moment to relapse. Dr.
otonnel1 thought it would be safer to keep
nun III tne nome.
ol. Rogers WAS the next witness. lie told OF
his own incarceration in the asylum tor thirty
Wessi ,h He 1siG ix%: % on 1G M +, S We, !aAen
dumped" In front OF eX-Adcrmar McQunde's
house. While in the asylum he had contracted
u friendship for Austin. who had asked him TO
get a writ OF habens corpus in his behalf. Aus
tin and the other three patients were fellow
Masons.
advised Austin" Col. Rogers said. ITO be-
haye himself and not get beaten by the keepers.
had once seen Austin bnmp his heal against the
floor and Re regarded such an ncL as idiotic, He
also said that he Was now engaged in STUDYING
Law with Darlington & Jenkins. and that he
was also interested in n business rntel prize.
The case of Col. w. A. Haywood, the Confed-
crate veteran, WAS then taken up. He is Old and
feeble, and assisted TO the w.'ncss stand
h.onE nEside the bench. He told Justice Goodrich
that lie was suffering from many physical IN
ftmt'es. resulting from six wounds he had
received while fighting IN the Con federate army.
lie had been shot through the lung-. and had
Ice, dea: since he was wounded in the head ny
The bursting OF a she'll AT Port Hudson.
The hearing will be resumed On W ednesday.