Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-01-22
DISMISSED
Justice Bradley's Decision in Case Of
Mrs. Newell.
PROPERLY DETAINED AT TIE ASYLUM
Courts Emphatic Declaration to
Superintendent Godding.
THE JURY OF INQUIRY

Judge Bradley, after a very brief hearing
today in Criminal Court No. 2, decided that
Mrs Lucy B. Newell has not been detained
| against her will at the Government Hos
ital for the Insane. The court, therefore
| dismissed a petition for writ of habeas
corpus. by which 1t was sought to have
| Mrs. Newell released from the asylum and
directed that she be returned to that in
| stitution.I
| The proceedings in regard to Mrs. New
ell were Instituted yesterday afternoon,
| when Attorney W. Preston Williamson,
acting for Arthur J. May, as the next friend
| of Mrs. Newell filed petition for a writ
| of habeas corpus, setting forth that Mrs
| Newell was unlawfully, and without her
| consent. restrained of her liberty at the
Institution named. 1t was declared In the
petition that she was held at the asylum
| Illegally, the restraint and detention being
| by virtue of a commitment issued by au-
| thority of law, the. commitment not being
predicated by an inquiry by a jury and
without judicial investigation and trial
| by jury. 1t was further declared in the
| but that January ID she was enticed away
| from her home to the Office of Super!nten-
Gent Godding at the asylum
DIR. GOdding Presents n Note.
The petition was presented to Judge
Bradley. and he directed that Mrs. Newell
| be brought into court later in the after
| neon. DR.. Godding appeared at the hour
| set and produced a note from Mrs Newell,
In which she said she desired to stay at
the asylum.
Attorney Williamson stated the facts to
| the court from his standpoint He said
| that he had called at the asylum and
that DR.. Godding had refused to permit
| him to see the woman. All Attorney Will
| Hanson wanted. he said was to have Mrs.
Newell brought into court so 1t could be
| learned from her whether or not she was
! detained at the asylum against her will.
| Attorney Williamson thought it strange
| that DR.. Godding, after expressing the
| opinion that the woman was insane should
pr oduce a note from her and expect the
| court to act on 1t as coming from an in
sane woman.
DIR. Godding maintained that Mrs. Newell
| bad gore to the asylum of her own Volt
| ton. She was not detained there, he said,
but was merely a guest who was fearful
| of her life. 1t was added that an inquiry
| had been instituted to determine the SAN
ity of Mrs. Newell and that 1t would be
| hardship upon her to require her to lceve
| the hospital until an inquiry is had.
After Mrs. Newell reached the hospital,
\ it was explained in order to save expense.
or rather to charge the expense of her
| boarding at the hospital. request was
| made that she be allowed to remain there
until the inquiry was held by the Commits
sioners.
Attorney Williamson declared that as,
when he called at the asylum, DIR. Cod
ding refused to permit him to see Mrs.
Newell he, therefore, thought the order
of the court should be obeyed and the
woman brought into court. .''
Judge Bradley remarked that II Mrs.
Newell was merely guest at the asylum,
as claimed, DIR. Godding had no right to
refuse to let her be seen.
Judge Brndley's Emphasis.
After some discussion Dr. Godding made
remark that was interpreted by Judge
Bradley to mean that he would do his duty
whatever the order Of the court might be-
Bringing his hand down on the desk
with considerable force Judge Bradley
very plainly and emphatically informed
DR.. Godding that unless he obeyed the Or
der of the court without further ado ne
would have to take the consequences. DR..
Godding thereupon stated that il the court
ordered that Attorney Williamson be per-
mitted to see Mrs. Newell the order would
be obeyed.
The hearing yesterday afternoon was
concluded by Judge Bradley directing
that Attorney Williamson be permitted to
see Mrs. Newell. and unless the attorney
should decide the step to be unnecessary,
that Mrs. Newell should be brought into
court this morning.
Mrs. Newell In Court.
When court convened today Mrs Newei
was in court, accompanied by her son and
an attendant. She presented pitiful ap-
pearance, her head moving constantly
from side to side, while there was an ap-
prehensive look in her eyes.
Attorney Williamson inaugurated the
proceedings by stating that when he call
| ed at the asylum yesterday afternoon ne
was permitted to Mrs Newell. but not
| alone. Her son was present at .ne ,n, ar
clined to proceed further If the son per-
| sisted in remaining in the room. Eeforr
| the son entered, 1t was said, Mrs. Newell
intimated that she did not desire TO re-
main at the asylum.
Mrs. Newell was led to the witness stand.
| where Judge Bradley conversed with her
tha court announced that Mrs. Newell had
said that she desired to remain at the
asylum. Judge Bradley thereupon prompt-
ly dismissed the petition, and, entering
carriage, Mrs. NeWei was relurheu " 'iie
asylum.
MarshaPs Jury COnvenes.
Shortly after the proceedings before
Judge Bradley were concluded. an inquiry
Was held by a marshars jury, under a writ
do hnatico inquirendo. to determine the
| aanitv of Mrs Newell. Deputy Marshal
Robson presided, while Assistant Attorney
for the District Richardson represented the
&C mmissiOners.
Superintendent Godding was the nrst VII
ness. He stated that Mrs Newell had been
In court a short time before and that she
seemed to be disturbed by her surround
ings. During the trip to court from the
asylum, the witness said. Mrs. Newell ap-
pealed to him not to let her be shot. Her
apprehension was, said DR.. Godding, that
she might be killed
Continuing, Dr. Godding stated that Mrs.
Newell first visited the asylum alone, seek
ing protection. She had formerly been
treated at the asylum, having been there
| from March to May, 1888. and from Octo-
| Der, 1883, to March, 1889. The occasion of
has 1ocf oif una n.
| slant DIR. Godding further said that in his
opinion Mrs. Newell Is insane and that tho
pr rejection afforded by a hospital for the in
sane is the best for her. Mrs. Newell had,
| 1t was added, expressed preference for st.
Elizabeth's Asylum.
Assistant District Attorney Baker and
Assistant Attorney for the District Rich
erdson testified to the appearance of
L in