The Washington times., 1902-03-17
Seek Release on Writs of
HabeaS Corpus.
COURTS DECISION AWAITED
Former Anxious to Get Away From ST.
Eizabeth's-Latter Hopes to Escape
Cell in District Jail-Has Been In
dicted by Grand jury.

Justice Clabaugh Will, during the next
few days, announce his decision in the
case Of Michael a. HorEGn and Lewis
Semel Fink In both instances the per
sons named filed petitions for wri;s Of
habeas corpus, the first to secure his re-
lease from ST. Elizabeth's Hospital for
the Insane, and the latter his release
from the District Jail Both cases were
argued before Justice Ciabaugh a week
or ten days ago.
In his petition Mr. Rorgan stated that
he was committed 10 the asylum on the
order of the superintendent of the Ma
tional Home for Volunteer Soldiers. a:
Togus. Me. on the ground that he is
insane. He denies this allegation, and
declares that he is not now ard has never
been of unseund mind.
Await the Verdict
The decision in this case is awaited
with much interest. because il is said
that there are a great number of pa
tients confined in St Elizabeth's Hospital
for the Insane who were admitted there
under circumstances similar 10 those un-
der which Mr.. Horgan became an inmate.
From the evidence submitted to the
court there is hardly any doubt concern
ing the petitioners mental condition. The
principal question raised is the right of
the authorities of the National Home for
Discharged Volunteer Soldiers to commit
its charges TO the asylum in this District.
Assistant District Attorney Henry H.
Classic, who represented the Government
at the hearing, ccntended that Mr. Ror-
gan was properly committed and ad-
mitted to st. Elizabeth's Asylum under
authority of the act OF Congress of Au-
gust 9. 1882.
Lewis Semel Fink has been confined in
the District Jail since August last CT a
charge of conspiracy. He, with others,
was accused of planning to rob the Metro
politan Railroad Company by making
fraudulent claims for damages for al
legged personal injuries
Fink and the others, it is said, concoct-
ed plan to secure mouey for false
claims. 1t was arranged between them
II is alleged, that Fink would get aboard
Metropolitan car, and at another
point his confederates would also get On
the car.
The plan was that Fink was TO fall off
the car and the others were to be wit
nesses to the accident. This Tart of the
plan having been enacted, Fink and his
confcderates would make a clafrn against
the railroad company for about sl,5e0,
under threat TO sue for heavy damages
If the claim was not paid
Sought His Release.
Last January Fink filed a petition for
writ of habeas corpus with a view of Sc
curing his release from custody The
principal ground urged was that he had
been confined in Jail for several months |
without being indicted. and was not being
given speedy trial. as he is entitled toi
under ordinary circumstances. In answer (
to this the Government claimed that the 4
cause of delay was that a very important I
witness could not be located at that time /
The court stated that the contention of |
the Government was not unreasonable |
and dismissed the petition.
About two weeks ago Fink flied another /
petition for q writ of habeas corpus, and |
argument was heard on II last Wednes- /
day. Two days previous, however the |
grand jury reported an indictment against .
the petitioner. charging him with con-
spiracy. This somewhat complicated mat
ters. but did not actually affect the petit
toners right under the petition for ha-
beas corpus.
The court took the matter under ad-
visement and announced that the matter
will be disposed OF on Friday. The par
ticular cause urged for the release of |
Fink-that he wls not indicted-beiDg re-
moved, leaves him without further ground /
OF complaint, especially as II is the in
tention of the Government to give him
trial al as early a date as is practicable.
II both divisions Of the Criminal Court /
were not taken up during the current
week with special cases Fink would in
all probability be called to trial.