Evening star., 1900-10-09
Former Judge Mackey Secures Writ
of Habeas Corpus.
MRS. MACKEY BROUGHT INTO COURT
Her Commitment to Asylum De-
cIared to Have Been illegal.
THE EVIDENCE SUBMITTED

today heard proceedings in connection with
the application for a writ of habeas cor
pus made by Judge Thomas j. Mackey of
South Carolina, III order TO secure the re-
lease of his young wife, Katherine d.
Mackey, from the Government Hospital for
the Insane, 10 which she was committed
last May Mr.. William a. Porterfeid of
Charlestown, VIVA. father of Mrs. Mackey.
was the petitioner in the case that re-
suited in her commitment Several days
after the order was signed by the court
Mrs. Mackey was brought to this city from
Alexandria, and taken to st. Elizabeth,
where she has been since
In his petition for writ of habeas corpus
Judge Mackey conrended that the commit
ment of his wife was illegal for the rea
son that she was not an INDECENT person
and that she not present at the time
the proceedings against her were in prog
ress.
The court room was crowded with specta-
tors today the greatest interest being mani
tested i'll the case. At times the proceed
ings almost reached the dramatic stage.
Judge Mackey was assisted in the conduct
of the case by Attorney W. Preston Will
hanson. Assistant United States Attorney
Semmes appeared in opposition TO the pc
titioa-
Introductory Statement.
In an Introductory statement Judge
Nackey declared that the proceedings for
writ of habeas corpus were not in forma pau
peris. as appeared on the record. A pro-
ceeding for habeas corpus, he said, Is the
legal right of an individual. and he there
fore declined to pay the deposit for costs
demanded by the clerk Of the court The
case was entered, a result it was point
ed out, as ''in ferma pauperis.
r. S. Farmer, deputy United States
marshal, was called by Judge Mackey as
IJa nlain
of last May he served the papers IN the
lunacy case Mrs. Mackey. She was
stopping ar the time at No. 211 1st street.
There was no evidence from her appearance
that she was in poverty or want
Mrs. Mackey's Testimony.
Mrs Mackey was next sworn as wit
ness! She came to this city last spring
with her father, she said He took her to
the office .of Or. Vale. The latter handed
her a magazine, and she informed him she
could not read. The doctor thereupon said
she was suffering with congestion of the
brain.
III that is so," Mrs. Mackey said she
told the doctor, II might as Well slap a
bullet here indicating her head
Mrs. Mackey went on to say that DR..
Vale then telephoned for the police, and
she made her escape and Joined Judge
Mackey The witness declared that she
had never contemplated suicide.
Mrs. Mackey next described her surround
ings while at St Elizabeth. She had spent
time i'll several wards. she said. In one of
them, she declared. she was locked in with
six insane persons, and they kept her
awake all night She had to wash IN a
trough, she declared.
With her husband, Mrs. Mackey contin-
ued, she went to Alexandria last May.
While there she was perfectly comfortable.
She left Alexandria in June, not voluntar-
lily, but by force. she declared. Her condi
ton, she said, was the result of her un-
happy marriage. She was emphatic in de-
clariug that her husband was always kind
TO her; in fact he almost killed her with
kindness.
Who worked up this case against your
Judge Mackey asked his wife.
II did it myself by complaining against
myself" Mrs. Mackey said.
While at the asylum, Mrs. Mackey fur
ther stated, she received a letter from her
father. refusing TO take her home. Some
time ago her father had had her locked up
in a sanftarium as a lunatic. The witness
Informed the court that she had been disap-
pointed in life; that she wanted money and
a settled home She declared she had been
kidnapped from Alexandria and taken to st.
Elizabeth's. Her brother. George Porter
field, and a Mr.. Washington had kidnapped
her. She further declared that some years
ago she had suffered violence at the hands
of her brother and that had led her to
leave home.
II was denied by Mrs. Mackey that she
had destroyed all the flowers in her ward
at st. Elizabeth's. All she had done was
to break the tops off some palms while alb
stracted
Blames Herself.
Judge Mackey had never chastised her,
declared Mrs. Mackey. His conduct had
always been that of a kind husband. she
added. with a smile, that his language had
been harsh at times. but she blamed her
self
Generally you were an angel" said
Judge Mackey, addressing his wife.
No, was not. she said.
Il thought you were" the husband of
the woman then remarked.
Mrs. Aackey admitted that she had
changed her places of residence often be-
cause she disturbed the people in the houses
This disturbance consisted of screaming
when the thought occurred TO her that her
father wanted 10 send her TO an insane asy-
luIn- II was further admitted that her
fdther had sent the witness funds in small
sums from time TO time
Judge Mackey next appeared in the role
or witness, and in graphic style gave the
history or his life He declared that he was
the last confederate officer to surrender;
Snat S ne was The only man in the United
states lndorsed by General Miles for an
Pomtment as captain of engineers in the
bnlted states army in connection with the
war with Spain, and that he is sixty-six
years or age, and was under fire at rhtr-
teen years, during the Mexican war
a Former Alliance.
Judge Niackey went into the details of a
marriage ceremony" he went through with
certain woman, and said he afterward
discovered that the woman had a husband
HVlng. He then went on to say that Col
Porterfeld had urged the marriage of his
daughter with the witness. Later, declared
Judge Mackey. Col. Porterfield had had
him arrested on a charge of bigamy
The witness further said that his wife had
peen committed To the asylum on the false
ceruncates OF physicians 'and that ON
reaching the asylum DR.. Richardson and
Aholher man seized her and dragged her
away, shrieking
Judge Mackey stated that he could testt-
~ as an expert that his wife has suffered
from hysteria, but that her brain was moi
diseased. ~
For the Government
Seerai persons took the stand at the re-
quest of Judge Mackey and testified that.
from observation. Mrs. Mackey always ap-
peared happy with her husband In the
opinion Of these witnesses Mrs. Mackey
is sane.
Assistant United States Attorney Semmes
then called as his first witness DR. M j
Stack of the Government HOSPITAL for the