The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-10-16
COURT SET MUSGRAVE FREE
me- WAS HELD WITHOUT Authority
~ AN UNLfCENsED AsfLUB.
Justice freedman Asks the Er.BsnEer " Q
Wishes 10 10 Discharged and. on His Say
ing Yes. Discharges Him Brother-ip' Law
Woodward Takes Him to New Jersey

Justice Freedman Asks the EI-BanEer n He
wishes 10 lie Discharged and, on His Say
Ing Yes, Discharges Him BrotherIp'Law
Woodward fakes Him to New Jersey.
Thomas Bateson Musgrave, who has been
confined at a sanitarium for about two weeks
at the instance OF his wife. Fannie =. Musgrave,
and their son. Percy MusRrave, was summary
set free yesterday By Justice Freedman OF the
Supreme Court. before whom he was brought
on "A writ OF habeas corpus obtained by his
brother-in-law. Edwin +. Woodward OF Sum-
nit, y. j.
Mussrave and his wife have been separated
about four years. Before he failed. and while
he was In the banking business In 1850. he had
given his wife the house at 5S5 Fifth avenue
and "A residence a Bar Harbor. He sued to
recover the properties and "A settlement was
reached by which she has since paid him 500
a month.
When the case vas briefly stated TO Justice
Freedman yesterday he cut on further argu-
ment, asking.
Has there been any commitment Of this
man as a lunatio by any GomIetent auth2flIg
what authority do you detain this man'"
tie l. not incarcerated against hl] WI,
exclaimed Franklin Bicg attorney FOR MIS-,
Temporarily by hs medical adviser More
over, / contend that Mr.. Mussrave has not
6rGusht tA1 proceeding, thSt ne a"fi . rTS
and that his bruther-in-iaw. MT. WOODWARD
hts, n9, right 10 bring H..
Is Mr.. Mlsgrave here asked inc Judge
Yes, sir, said Mr.. Musgrav'. rising
10 you make an application now for your
d'..i0S3 6 70 b inS8iyNG 9 4! MaS yqase.
Then. YOU are discharged and may CO.
returned the Judge.
Mr., Woodward took the arm of Mr.. Mus
grave and they went on, of court %t"gethari
Mrs. Mu-Ertyo Wa not in court. IN" i NtHI
at Par Harbor Mr. Mussraye seems to be
as about two years ago, which destroyed the
light of one eye.
Justice Freedman Informed Lawyer Bien,
that hc could not be held without an order OF
the Court. The Judge said he would pas. upon
SAINT considered. Mnluw hilr Mlsgrave was
on htS way toSummit, ont Uf the jurisdiction.
in the GaIor. presented By LAWYER james );
Allen In behalf Of Musgraye II wa- declared
that hIS Incarceration Wa an Extraordinary
disregard Of the law. His sister, Mr., Wood
ward, was Permitted TO visit him AZ the sani-
tlriIm (which i at IS Wet Thirty ninth street
and kept bN Miss l0uise MurdcnD only II she
would make the call purely social and not speak
OF lbcrating him. lie wa not Permitted %
send out communication. MIR. Allen presented
a letter dated oct. %, which he received from
President =. VI Wise of the state Commission
in fe-pons g to your inquiry whether the
house Jr Institutions or place kept by Miss Louise
l. licensed by the commission Tor the care,
custody and treatment of the insane, lean
Inform you that such a place Is not licensed
by the commission and that 1t has no legal
rlght to receive an insane person for such care
and custody"
Dr. Nathaniel H. Potter, who visited Mus
grave at the request Of his son. Percy Mus
grave. and az whose instance Musgrave was
taken to the house Of Miss Murdon, and pr.
Joseph Collins, both submitted afldavits that
they have examined Musgraye and found him
irrational.
Lawyer Bien sent a notice 10 Charles DoLO-
hue on oct. 8, forbiddiug ayu.eut uf any fur
ther sums Of money TO Musgrayc from the fund
with the Culouiul Trust ,omIary
from which the payments Of $500 a month have
been made 10y Mr.. DUnohue's order as trustee.
The notice stated that Mr.. Mu-grayc va. not
competent to handle the money, Mr.. Blcn
said yesterday that his client did not want the
10 dispose of the money, which
would not be- withheld from q committee aI-
pointed 10 care for MuscTaVe and his affairs.