The times. [volume] (Washington [D.C.]) 1897-1901, 1900-10-10
MRS. MACKBY RELEASED
Confinement in an Asylum Unwar-
ranted by Mental Condition.
Result of the Hearing on n Petition
for Writ of Habcas COrpus-In
Her Testimony She Declares Her
Brother Deceived Her-The Hus-
bands Statement to the Court.

petition of Mr.. Mackey for a write OF ha-
beas corpus with a view of securing the
release of his wife, The hearing of the
petition occupied the attention of the court
during the entire day and 1t was not until
after 4 p m. that Justice Cole announced
his decision in the matter. At that time
Mrs. Mackey, who had been in attendance
during the proceedings. had returned to
St. Elizabeth's Asylum in charge of one OF
the attendants. After hearing the decision
of the court. however, Judge Mackey lost
no time in going to the asylum and taking
his wife into his own care.
The proceedings were more than ordl-
narily interesting and were attended by
crowd Of spectators which filled Criminal
Courtroom, No 2 to its utmost capacity.
The great majority of those present were
members of the District bar, who came to
hear Judge Mackey's argument upon the
constitutionality of the statute under
which his wife had been committed to the
asylum. There were also several friends
of Mrs. Mackey present. In addition to
the leading argument made by Judge
Mackey he made most pathetic and elo-
quent appeal to the court to restore to him
his wife. Judge Mackey was much a1ected
and moved to tears as he spoke of the mu-
tual affection which exists between him
self and his wife.
Judge Mnckey's Argument.
During the course of the investigation
Judge Mackey protested against the de-
tention Of his wife in the asylum on
three grounds. First, that the act under
which she was committed is unconstitu-
tional; second. he questioned the juris-
diction of the court in the premises, and
lastly, that Mrs. Mackey's mental condi-
tion is not such as to warrant her deten-
ton, nor was it such as to cause her
commitment to St. Elizabeth's Asylum
last spring. In disposing Of the petition.
however, Justice Cole stated that he
would not pass upon the first two .lues-
tions. but would only consider the matter
in connection. with Mrs. Mackey's present
mental condition. From the testimony
offered he said he believed that her mind
was not strong. but that it was not in
such q condition as to warrant her con-
finement in an asylum. In fact, he be-
lieved, he said. that she would be tet-
tered if permitted to go and live in some
rural district, where she would be bsn-
Gifted by the country atmosphere.
That the court did not discuss and
pass upon the other two questions raised
by Judge Mackey was a great d,sappoin--
ment to the number of members CT the
District bar. who patiently sat through
the entire proceedings. Many prominen.
local attorneys have expressed the
opinion that the statute providing for
the commitment of INDECENT insane PEI
sons to st. Elzabeth's Asylum for the
Insane is unconstitutional. and they ex-
pected that Justice Cole would make
ruling upon the matter yesterday.
Mrs MaCkey was committed to the ESy-
lum at the instance of her father. Col
George A. Porterfield, OF Charlestown
W. Va. in May last. In the petition ask
ing for her commitment it was alleged
that she was an INDECENT. and that 1t
would be dangerous to allow her to be
at large. When she was served with a
summons to appear before the court Mrs.
Mackey left the Jurisdiction. and VIXEN
next heard of was in Alexandria, Va. In
her testimony before the court yesterday
she stated that she was induced by her
brother to come to Washington. and
when she did so she was committed to tn,
care of the authorities at st. EliZabeth's
Asylum. Judge Mackey protested against
his wife being committed to the asylum.
and has since been seeking to have her
released.
Mrs. Mackey on the stand.
The first witness called yesterday, was
Deputy United States Marshal R. S. Farm
er, who testified concerning the service Of
the original papers in the case.
Mr. Mackey then offered his wife, the
subject of the enquiry, as witness. She
appeared calm and collected and answered
all the questions asked her promptly and
intelligently. She said:
Il was born March IS, 1870; was re-
siding at 211 First Street northwest
hn frcf in TO
served on me, in May last; was living
with my husband. / bad been here only
two days. | came with my father. He
told me he would take me for car ride,
but took me to a physicians office. The
doctor told me that / might have con
cussion of the brain, and l replied
Well. then. might as well snap a bull
let in my head. l am now kept In
the Chestnut ward at ST. Elizabeth's
Asylum. There are six others, who are
insane persons, locked in the room with
me.
When l left this city I went to Alex
andria, Va From there my brother told
ME ne would take me to Fairfax Court
House. Va. and We got on a car. When /
got near Washington and saw the Mon
ument / knew l was not going to Fair
fax Court House. and tried to jump from
the car My brother held me, and when
we got To the III lnlS CITY he put
me In carriage and took me to the asy-
lum."
Speaking of her treatment at st. Eliza
beth's Hospital. Mrs. Mackey said that
until very lately she was made to wash
her hands and face every morning in
trough. Since she had been removed into
the Chestnut ward she was furnished
bowl to wash in. She also said that her
husband had always been very kind to
l. LII
ness.
Since she has been confined at st.
Elizabeth's Asylum Mrs. Mackey said that
none of her relatives had visited her Her
father wrote to her once, but that was
in reply to a letter asking him to take
her to his home in West Virginia. He re-
fused to do so. Her husband was very
considerate of her comfort, would visit
her. write to her. and bring and send her
fruit and flowers and clothes.
All her troubles, Mrs. Mackey said she
brought on herself She wanted money
and a home. which she did not nave, and
it worried her 1t also annoyed her to
know that her father was opposed to Mr..
Mackey.
Statement of the Husband.
At the close of Mrs. Mackey's testimony.
Judge Mackey took the witness stand to
make a statement. Before touching upon
the circumstances relative to the ques-
ton under consideration. Judge Mackey
gave brief history of his life. He fought
in The Mexican war at the age of thirteen
and was wounded. He was also captain
| of engineers of the Confederate Army.
and he emphasized the statement that he
| was the last Confederate officer who sur
rendered. Speaking of his marriage to
Miss Porterfeld. he declared 1t very in