The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-12-13
Superintendent Of Asylum Will
Act Under Opinion.
COURTS CANNOT iNTE RFERE.
Judge Jacobs and Prosecuting At
They Can Do Nothing to Prevent
Action of Authorities mt Medical
Lake-If schopps Is Freed He
VIII Not BE Again Arrested.

Special Dispatch to the PostIIntelligencer.
SPOKANE, Dec II - Superintendent
MacLean, of the Medical Lake insane
asylum, was asked over the telephone to-
night whether or not he would discharge
lsadore Schopps, the Seattle murderer,
from the asylum on the strength OF the
opinion just rendered by Assistant Attor-
ney General Thomas NJ. Vance.
II do not know: | have not yet re-
ceived the opinion" replied Dr. MacLean.
III the opinion proves to be the same
as announced in the public press would
you discharge him?" was then asked.
Yes" was the answer. II think I
would"
Asked If he thought Schopps was sane.
DR.. MacLean said:
Yes, l think he is, and. what is more,
! don't think he ever was insane He has
no delusion whatever, and never has had
since he came here. The only trouble
with Schopps Is that he has an ungovern-
able temper. which when aroused might
make 1t unsafe for him to be at large.
], however. do not feel justified in hold
ing him in the asylum solely on that
account, and If Mr.. vance's opinion is
as stated in the Post-Intelligencer today
| will turn him loose"
AS stated in yesterdays Post-1ntelli-
gencer, Schopps was sent to the Medical
Lake asylum by order of Judge Jacobs.
The man had been arrested for the muir
der of his roommate. Gustav Hager, and
the only defense made was insanity. In
fact II was admitted that he had done
the killing. The jury found him not guilty
by reason of insanity, and he was COM
mitted to the asylum under an order
directing that he be held until the further
order of the court which committed him.
Judge Jacobs. who presided at the trial
md do. = A I'd fyru Gnh
to Medical Lake asylum, was seen last
evening with reference to the case.
II have followed the account Of Mr..
Vance's proceedings" said Judge Jacobs.
but as have not looked at the section
of the statute from which he makes his
deductions | do not care at this time to
make any comments on its legal aspect.
He may be right and he may be wrong;
/ do not care to venture an opinion.
Under the law of this state, the SUPER
intendent of the insane asylum Is the sole
judge as to whether a patient must be
detained or released, and this applies, as
far as / know, in ali cases. save, perhaps,
those similar to the one In point. 1t
was to cover this very question that my
order was drawn. 1t directed that Schopps
be confined until the further order of the
court. and my intention was that before
he be released the judge then sitting In
the superior court of this county. should
be notified in order that he might take
whatever steps seemed necessary
IF Schopps should be restored to rea-
son and released | would take no action
at all. In fact, 1t is a general principle
that courts take no action in such mat
tiers, or in hardly any matters, unless
they be presented formally. / would take
no judicial notice of his being turned>hoose.
If some officer. such as the prosecuting
attorney. should bring the matter before
me, IL would be my duty then to hear
both sides and render decision
The statement that Schopps was not In
sane at the time of his arrival at the
asylum causes some surprise. as many
persons in this city were certain of his in
sanity, and he was carefully examined ~
competent physicians before his commit
ment was ordered. 1t is also said that
asylum when Schopps arrived, but that
DIR. Lockhart. who has since been remov-
ed received the man.
Prosecuting Attorney McElroy was seen
last evening and told of the status Of
affairs.
az do not see" said he chow my office
can take any further action in the mat
ter The man went through the process Of
trial once. and the case was disposed Of
In my estimation. IL Superintendent Mac
Lean sees 1T to discharge Schopps he will
be as free as air.
eve have handled the criminal part Of
this case once, and certainly cannot legal
ly do so again. ] believe that the man,
If freed. cannot be again arrested"
The consensus OF opinion seems to he
therefore, that IL Superintendent Mac.
Lean acts on the opinion rendered by
Attorney General Vance and frees Schopps
his punishment for murder viii he at an
end. having consisted Of less than two
years Imprisonment under nominal re-
straint In an asylum for insane persons.