The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-23
PATRICK KELLY RESTORED.
Relieved Of Guardianship by
Judge Willrich.


Judge Willrich.
Patrick Kelly has at last been re-
stored to the capacity which enabled
him to amass several thousand dollars
Of this worlds goods, AID hereafter
and spend or not spend them as he
sees fit. For some four years past
Mr.. Kelly's property and business have
been under the control of a guardian
Margaret Kelly, his wife, while Mr..
Kelly sOjOurned at an asylum Tor the
insane, until last June. except for snort
intervals, during which he enjoyed
personal liberty. Yesterday Judge Will
rich, in the probate court, hled an Or
der granting Mr.. Kelly's petition for
restoration to capacity and terminating
the guardianship, the court finding
that his mental condition is such that
he is capable of taking care of his
property and person. The hearing on
the petition was had in the probate
court Dec 81, 1896. The material facts
of the case and the grounds upon
which the petition was granted, are
set forth in Judge Willrich's mer1oran-
dunn accompa nying the order, winch Is
in part as fo,lows:
Mr.. Kelly was adjudged insane by TINS
court to January, 1898, and was comm :9ted
to an asylum for insane, where, with snort
1896. He has been pronounced nonomaniac,
suffering from the peculiar form known to
the medical profession as paranola that is,
he pronounced insane upon particular
subject only, namely, that he was liable to be
poisoned by certain members of his family,
and this deusion extended to other people in
league with these members of his family who
were bribed by them.
Twice during the period of his confinement
Mr.. Kelly applied to this court by petition
for restoration to capacity and his petition
was denied, because at those hearings, upon
the testimony of the experts called, their tes-
tsmony being all to the effect that MIR. Kelly
was suffering from paranota, the court could
| not do otherwise than determine that MI.
Kelly was not of sound mind, and not having
been discharged by the proper authorizes
from his confinement at the hospital, it was
the duty Of this court to deny MI. Kelly
application, and have him returned to the
hospital. AT the present hearing the case
was somewhat different, for since the second
hearing another court of competent jurisdic-
ton, namely, the district court OF Olmsted
county, has deterpined on habeas corpus
proceeding, that Mr.. Kelly was never legally
committed as insane, and he was duly re,
leased from the custody of the state hospital
and set at liberty.
While that court had no right, under the
constitution and the decision of the supreme
court to pass upon the question of Mr. kel-
ly's sanity or insanity, it did have the right
to determine whether the probate court COM
hitting Kelly in 1893. had jurisdiction to
commit him. and said court did determine
this fact upon the records OF this case.
Therefore, 1t is now adjudged that Mr.
Kelly was never legally declared insane ex-
cept In so far as the question of his insanity
was an element of inquiry on the hearing for
the appointment of guardian, in 1894 and
in late proceedings for restoration to ca
pacity. ,,.
There Is no d ,ubt in my mind that when MT.
Kelly was committed to the asylum in 1893,
he was in fact of unsound mind, and that he
was such in 1896, when this court denied his
petitions for restoration. Mr.. Kelly at this
time, however, stands before the court in
different position.
process Of law, which is the birthright 81
even the humblest American citizen, and It
not appearing that he ever had tendencies OF
mind which would justify an apprehension,
that he is liable to waste his substance ana
that Of his family If restored, and being now
free by a decree Of a competent court and
having since his liberation acted in ra-
tional manner, and without even manifest1ng
his prior delusion, which would indicate that
such delusion has either left him entirely Or
is so successfully by him secreted within his
own consciousness for the purpose of again
obtaining his freedom, that it is but fair to
continue to act the part Of the same man In
order to retain such precious boon.
This court, after the most careful and pains
taking examination and analysis of the facts
in the case as revealed by the records and
testimony presented, and a study of the text
books and authorities on the peculiar phase
of insanity called paranoia has reAciscd the
conclusion that Mr.. Kelly ought to be re-
stored to capacity at this time.