Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1900-03-11
OF INTEREST TO ATTORNEYS.

issue involved Is one seldom met with,
and is practically new to West Vir-
Ginia litigation. For this reason the
Register presents three instructions on
behalf of defendant, for the benefit of
the legal profession, to which they
will prove of more than passing con-
Germ:
Inc Court instructs the jury that if they
believe from the evidence that after the
plaintiff was taken from the hospital for
! the insane at Spencer the Examining
Board of that institution examined him
and found him to be insane and entered an
order concurring in the opinion of the JUS
tlce VINO had committed him and ordered
| tnat ne be received and registered as
patient IN that institution, then it is the
DUTY OF the jury to take that fact into con-
| sideration in considering the question
whether the defendant in this case had
| probable cause to believe his son to have
| been insane.
| The Court instructs the jury that if they
believe from all the evidence that after the
arrest Of the plaintiff on the charge of lu-
macy and before he was sent to the hos
| pitalfor the insane at Spencer, he applied
/ II.
OF the Circuit Court of Ohio county. for a
| writ or habe2s corpus, and that the said
Judge, upon the hearing on the said writ
| found that the evidence was sufficient to
| justify him in refusing to discharge and
release the said plaintiff from custody,
| and that he did make and enter an order
remanding the plaintiff to custody, and d.
| recting that he be taken to the hospital
at Spencer, that then the jury is to take
that fact into consideration in this case
| on the question of whether the defend
| ant in this case had probable cause to be-
/ lieve the plaintiff to have been insane
The Court instructs the jury, that in this
case, if they believe the facts to be that
| the plaintiff while in Germany wrote TO
| his mother grossly indecent letters, and
/ wrote to his father and mother that he
| was very i'll, had diseased lungs, had fears
| OF some brain disease, and on his return
| to the home of his parents was at times
| respondent, sullen and sulky retired to
! his room and refused to see his friends
! and acquaintance when they called to
see him; hid about the house from time to
| time on the stairways, in the halls, in the
! cellar, and listened at the DOORS walked
| about the house and in the yard at night,
| saying he feared burglars; told his mother
| that he had dreamed many times that he
mad Killed his father and that he believed
| the dreams would come true, that is, that
| he would kill his father and that it was or
| dained by Providence that he was to kill
| his father; that he told his mother and
| other persons, that he had, while in Ger
| many, invented a machine or engine. out
| of which he expected to make a fortune:
| that he pointed revolver at his father in
| the presence of his mother, and threatened
| to kill his father; that he compelled his
| mother to. write at his dictation a note
| addressed to his father saying in SUBJ
! stance that she had decided to separate
| from him; that he pointed a revolver at his
| sister when she entered the room where he
| was and said that if it had been his father,
| who came in instead of her, he would
| have shot him; that he insisted on his
mother refusing to 60 to his fathers room
| at night, saying that he feared his father
would kill her; that he expressed a fear
that his father would lose his mind that
he insisted that his father was not capable
of taking care of his property and that,
therefore his father must put his prop
erty in his, the PLAINTIFFS, hands to be
taken care of by him. that he made an
effort by threats of violence to induce his
father to divide up his property and give
him share of it; that he said he wanted
to go south because of the condition of his
health and agreed that if his mother would
induce his father to give him $1,000 he
would go south, and that on receiving
from his father s1,oo0 for that purpose, he
was for a short time good humored but
did not go south, and soon after demanded
that his father give him $4,000; that soon
after that he came into his fathers house
and without speaking to any of those pres
ent, took picture of a child, his nephew
threw it in the fire and went to his room;
that on other occasions he, in great anger
burned and trampled upon his fathers
picture and trampled upon mantel orna-
ments; that on one occasion he came to
the table for breakfast in his fathers
house and laid his revolver beside his
plate; that on another occasion he having
sent for mis- brother to come to his fathers
house, met him at the door and told him
to go and purchase and bring to him a
revolver; that on another occasion he came
home late at night and on entering the
house did not retire to his room but re-
manned up all night without undressing,
while his father in fear of his violence re-
manned awake locked in his bedroom until
morning; that on another occasion while
his father was sick in his bedroom, he de-
manded that his father transfer to him all
of his property, and that his father in fear
and in order TO humor him. did then prom
Use to give him all of his property, and
that on such promise being made he again
became peaceable and good humored; that
the plaintiff from the time of his return
from Germany until about the time OF the
arrest on the charge of lunacy, frequently
exhibited a revolver and threatened to kill
his father and other members of his fam
lily; that all of these facts hereinbefore re-
cited were known to the defendant. that he
made full and fair statement OF them TO
his family physician and was by his ply
s.cian, after the said physician had a per-
sonal interview with the plaintiff advised
that his son was insane. and advised TO see
his attorney; that the defendant made
full and fair statement Of all the. facts
hereinbefore recited to reputable attor-
ney and in good faith sought his advice,
and that he was by such attorney advised
to institute a lunacy proceeding against
his son. the plaintiff-that then the defend
ant had probable cause to believe his son
was insane. and that, therefore If the jury
believe from the evidences that the facts az
hereinbefore stated in this investigation
are true it Is true as matter of law that