The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-09-24
CDR" SMITHS POSITION
HE WAS SIMPLY ATTENDANT ON THE
CRIMINAL INSANE.
Dr. Kirby Explains How the Department
For the Criminal Insane" is
Managed.

Managed.
As there seems to be much confusion
as to who is responsible for the appoint
ment of DR. X. H. Smith at the State
penitentiary, and what that position
really was, DIR. Kirby, superintendent
of the insane asylum, was yesterday
asked to state the facts in regard to it.
He said:
80 far as the criminal insane depart
ment at the penitentiary is concerned
the law seems to be conflicting. Certain
paragraphs of the act seem to place the
control and management of the patients
IN the hands of the superintendent and
directors of the penitentiary, while other
paragraphs would seem to place their
control, care and treatment under the
superintendent of the Central Hospital
and his assistants
'In many hospitals for the treatment
of the insane the medical superintendent
only has charge of the medical treatment
Of the patients, while all other affairs of
the hospital are managed by a superin-
tendent who is not medical man at all,
nhu ike LflIS was
| intended by the Legislature when this
act was passed; but it is, unfortunately,
so worded as to require the services of an
attorney to. tell really what it does
mean.
'Dr X. Fl. Smith has never been an
officer of the penitentiary in charge of
the criminal insane. He was only en-
lployed by the superintendent of the peni-
tertiary as the chief attendant or SUI
lpervisor His duties required that he
should have charge of the patients when
ever Mr.. Williams was absent for rest or
recreation. He was also required to do
the purchasing of provisions and other
necessaries and kept the books for the in
sane department. He was not expected
| to take charge of those sick except as an
attendant. Any other authority in this
matter was assumed. He could not have
been appointed under our State law to
practice ON these patients without first
obtaining a license from the State Elk
aiming Board.
! when Mr. Williams reported the
charge made by Miss Hampton in re-
gard to DIR. Smiths visits to the female
department, ! Immediately went to the
tpenitentiary and investigated the matter
From the evidence obtainable and the
character of the witnesses l was salts
fed that DR., Smith had been imprudent
in going alone into the female depart
ment at night | directed Mr.. Williams to
keep the key TO that department and not
allow anyone to visit it unless he lWil-
Iliams) was present After that Or. Smith
was never in the female department
alone. This action was endorsed and APP
proved by the superintendent OF the peni-
Tertiary. When ii was reported that DR.
Smith was drinking heavily and causing
trouble went Immediately to the super
intendent of the pcnitentiary and asked
that DIR. Smith be dismissed, which was
done within less than two hours after
1.-THE request was made
Capt. Smith, the superintendent of the
Ipenitentiary, has shown every DISPOSE
ton, so far as l know, to protect and care
for the insane in his institution"
As DIR. Kirby suggests. the law estab
fishing the department for the criminal
insane seems to be very poor piece Of
legislation. Like much else that was
done by the last Legislature, it is a mis-
cradle and much-mixed patchwork. Fol
lowing are the provisions of the act relaC-
ing to the care and treatment of the in
sane:
'"Hhere is hereby established and Great
cd in the State penitentiary a department
to be known and designated as the
department for the criminal insane and
all persons in the State who are now in
sane and who committed a crime while
insane, or who were insane at the time
arraigned for trial and confined in any
of the insane institutions of the State,
shall be transferred to the said depart
ment for the criminal insane so to be set
apart by the principal and trustees of
the State penitentiary. All persons who
may hereafter commit crime while in
sane, and all persons who, being charged
with crime and insane at the time of their
arraignment, or when put upon trial, may
be sent by the court before whom they
are or may be arraigned, or to be tried
when it is, or may be ascertained by due
course OF law that such person is then or
was insane, to the department for the
criminal insane in the State penitentiary
at Raleigh for treatment, under such
rules and regulations as the Superinten-
dent and directors of the State peniten-
tiary may from time to time prescribe.
I'm this department for the criminal
insane, the races and sexes shall be kept
| in separate apartments, and shall be I'M
| der the medical care and treatment OF