New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-10-16
COURT SETS MUSGRAV We FREE
FREEDMAN ORDERS HIS RE
LEASE FROM A sANAToRIrTM

I
corpus obtained Friday last by his sister
Helen NJ Woodward and her husband Edwin
P. Woodward of Summit N j.. who asserted
that he Illegally confined against his will
in a sanatorium at No. 45 West Thirty-ninth
ST, conducted by Miss Louise Murden, at the
instance OF his wife and son, who wished 70
keep him from public view
Justice Lawrence said he had long been a
friend of the Musgrave family and did not
wish to dispose of the case. He therefore made
arrangement TO have it argued before Justice
Freedman at o'clock Musgrave was brought
to court by nurse from the sanatorium He
appeared feeble. and has lost the sight of one
eye as the result of a stroke Of paralysis.
Franklin Bien filed the return to the writ on
behalf of Miss Murden. in which she stated
that Musgrave was brought to her house by
DR.. Nathaniel P. Potter. who asked her to keep
him until he had been adjudged mentally in
capable Of taking Of himself by a compe-
tent tribunal. Afidavits by Dr. Potter and DR.
Joseph Collins examiner in lunacy were
submitted, testifying as to Musgrave's unsound
mental condition Dr. Potter considered him
a lunatic and said that it was dangerous for
him TO be at large
Mr.. Bien submitted an affidavit, in which he
said that in 1893 articles of separation were
drawn up, by which Mrs Musgrave agreed to
N4'S''
was to be paid, and it was regularly paid until
September 10 last There was no intention on
the part of Mrs. Musgrave her son to with
hold the allowance. but they objected to the
handling Of the money by the Woodwards They
were quite willing to consent to the appoint
ment Of Judge Donohue Musgrave's trustee
under the separation agreement as committee
Of his person and estate. and Musgrave was
only sent to Miss Murden's until the formal COM
mitment of Musgrave could be obtained Both
counsel and the two physicians recommended
the Falkirk Sanatorium. Central Valley, which is
managed by DR.. Ferguson. as a proper place IN
which to conflne Musgrave
How can a be detained without an
order of the court?" asked Justice Freedman
He had been placed in Miss Murden's house
temporarily by his medical attendants" said
Mr.. Bien.
We'll why don't you let him go?" said Justice
Freedman sharply. You should have had an
order for his commitment"
Mr.. Bien said they had had medical exami-
nation Of Mr.. Musgrave
James ]. Van Allen counsel for Mr. and Mrs
Woodward, whose son-in-law he is said the
case disclosed the most extraordinary evasion
Of the law he had ever known. Mr. Musgrave had
lived most Of late years with his daughter and
son-n-law, except during the winter when he
went to Florida.
Mr.. Bien denied this and said Musgrave's
residence was the Union League Club.
Mr.. Allen said he merely stayed there for a
few dayg at time when in this city. He then
told Of Musgrave's correspondence with the
Woodwards. in which he announced that he was
coming back from Richfield Springs and would
remain at the Union League Club for few days
Mr.. Woodward called there to see him and
met Dr. Potter. who was also inquiring for him
DR.. Potter suggested to Mr.. Woodward that he
should not him until after he (Dr Potter
had examined him, and requested Mr.. Wood
ward TO call later at his office, when ne would
report as to Mr. Musgraves condition. Mr.
Woodward agreed to this. and DR.. Potter told
him he had succeeded in persuadng Musgrave
to go to a sanatorium for while That state
ment apparently satisfactory, for Mr.. Mus
graves condition needed careful attention.
Mr.. Allen then told how Mr.. Woodward Wis
tied Musgrave Miss Murden's and was told
by him that Dr. Potter had expressed a desire
to examine him and said there a room con-
venenty situated where he could do So He
was taken to Miss MuFden's, and when his
clothes were removed for the purpose of the
examination they were never returned, and he
was kept in her house in bed. Mr. Woodward
called and denied admission
On one occasion Mr.. Woodward called at the !
sanatorium with Musgrave's physician, but
after they had been in his room for a few mo- |
ments Miss Murden called them out and told !
them that DR.. Potter had given orders that |
they were not to him. MusgraYe was in /
on September 2S and on October 9 |
leave obtained for his sister to visit him.
Then" said Mr.. Allen I'VE received ex- |
traordinary communication from Mrs. Mus
graves lawyer, saying that Percy MusgraVe |
had objection to have her visit him at his |
present abode but she was not to be allowed /
to inform him that any proceedings had been |
initiated TO have him declared a lunatic. as to
tell him would endanger his life. If she !
would only make her visit a social and |
mention n
be permitted to him.
After being refused permission to communi-
cate with the outside world he has been con-
hned in this place which | shall show your
Honor is not fit place in which TO keep him, a
proceeding to declare him incompetent is nsti-
ruted. This sanatorium' is an illegal place, ard
IS maintained in defiance of law. The law d-
rects that no person shall establish Il place for
he care or custody Of insane persons with
1ut hrst having obtained permission from the
state Board Of Lunacy. ] have communicated
with the State Board Of Lunacy, and have re-
'elVed reply saying that no such permission
has ever been granted by that Board
MI Allen read the letter from the Secretary
of the State Board, to which Mr.. Bien objected
7n the ground that 1t not contained in his
moving papers
Justice Freedman said he would receive it.
Not only" Mr.. Allen said was the taking
away or this man from the club unlawful, and
lone under the guise of q consultation between
| physician and his patient, but he was taken
o an unlicensed place and incarcerated in di- |
ect violation Of the laws of this State"
Has there been any commitment Of this man
Is a lunatlc by competent authority inquired |
Justice freedman. That is what 1 want 20
snow. / want the other side to show me any
they have to detain this man"
This man Is aot incarcerated against his
WILL put In Mr.. Bien He was merely placed |
n this place tempol 1rily by his medical adviser
raise the point hat this proceeding was not
,rought by Musgrave, and that he has not
laimed that he is illegally restrained of his
iberty.'
rs Mr.. Musgrave here?" asked the Justice