Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-03-10
the legal profession. to which they
will prove OF more than passing com


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 concurrsng in the opinion of the jus
tice who had committed him and ordered
that he be received and registered as a
patient in that institution, then 1t 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
pital for the insane at Spencer he applied
to the Honorable Joseph r. PAUL.. Judge
OF the Circuit Court of Ohio county, for a
writ of habeas 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
demanding the plaintiff to custody, and d.
recting that he be taken to the hospital
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
had 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 sub
stance that she had decided to separate
from him; that he pointed 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 go 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 $1,000 for that purpose, he
! was for 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 father S
| 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 his brother to come to his father s
| 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 a full and fair statement of them TO
his family physician and was by his phy-
| stefan, 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 a
| 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 plaintif-that then the defend
ant had probable cause to believe his son
was insane, and that, therefore, If the jury
believe from the evidence that the facts as
hereinbefore stated in this investigation
are true, it is true as matter of law that
the defendant did have probable cause,
and the jury must find the defendant not
guilty.
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