The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-12-12


~ ssIsTANT ATTORNEY GENERAL
k4l THOMAS NJ VANCE yesterday
q u gave an opinion TO Superintendent
MacIean, of the Eastern Washington
hospital for the insans. which, II acted
upon, will liberate Isadore Schopps. who
murdered Gustav Hager in this city De-
cember 2b 1895. At the trial of 5chopps
the question Of insanity was raised and
no othe~ der.. se made. He was adjudg-
ed not guisy by reason OF his insanity.
and for no other ref.son, and was by
Judge jacobs committed to the insane
asylum The superintendent. of that in
sfitution believes the man to have re-
covered his reason, and the opinion OF
Mr.. Vance Is made ir response to his in
Quirics. The opinion. received by the
Post-Intcllgencer from fits correspondent
in Olympia. reads as follows:
.'Dr. j. ID. MacLean. Superintendent
Eastern Washington Hosffta, for the In
have your favor asking advice In the case
Of lsadore Schopps. a patieat IN your offi-
ciai charge In the Eastern Washington
hospital for the insane i seems that
county OF King and the Jury brought In
a verdict of not guilty by reason of In
sanity, whercupen an orde. O. commit
and the defendant was delivered into your
custody. You state that In your opinion
the. patient SO committed Is not insane.
and ask whether 1t Is your duty to dis
charge him from the asylum. The ver-
dict Of the jury. Is In accordance with
the statute provided IN such cases ,, Csc, ,sec
The comm,tnle., Of the court was doubt
less made under section 1864. First Bal
Ginger. which In effect authorizes any
Judge OF the superio: court to commit to
hosptti for the in,,ne any person who
has been arragnec for an indictable Of
fcnse where jury finds that such per-
snn was insane at tn time OF arraign-
nent
.i'rhe statute does not prescribe the
length Of time. nor does 4 authorize the
time during which said person
shall be kept In the custody OF the hos
pttal officers, In other words. there II
no provision In this state for the deten.
tioa of insane criminale who are found
TO be insan- a. the time OF trial and
who subsequently, recover their reason.
We are compelled, therefore. to follow
the ordinary rule prescribed for your
guidance In ordinary cases OF insanity
Il therefore advise you that II lsadore
schopps y not insane he should be dis
charged as you would discharge pa
ticnt not charged with crime. That this
Is the law there can be no question. ANY
sanity would be satisfactorily established
beyond question. could and would be dis
charged on habeas corpus hence my adj
wise as above
Every respectfully.
THOMAS NJ VANCE,
Assistant Attorney General"
Murder In First Degree.
Az has been stated Isadore Schopps
was arrested on an Information charg ng
murder In the first degree. This informa-
ton WINS made out by John r. Hart as
deputy prosecuting attorney and charged
the defendant with having shot aud NOR
tally wounded Gustav Hagcr. from the
effects Of which wound Hager died Tho
prisoner was given a preliminary hearing
In Justice Cams court, and bound over
for trial In the superior court, being held
without ball
Schopts was brought To- trial Janu-
AIRY DO 1850. the prosecution being CON
ductse by John ~ Hart while the de-
renaant was represented by Melvin q.
Winstock and George G. Israel. neither
Of whom now practices before the local
bar The evidence developed that Schonps
and Hager. who were tailors and In bust
ness toge ther. had room at the house
az otto Drum near the Presbyterian
church oga Fourth avenue. During the
afternoon 81 the murder. the landlady at
this hauss, heard an alteration bstwe n
the men and after they had been talk
ing loudly for several moments S shopps
came down stairs In his shirtsieeyes. re-