The daily journal. (Salem, Or.) 1899-1903, 1902-09-20
.KEGG is
DENIED
LIBERTY
County Judge Scott Refuses
to Order
Merchants Release From
ASyIum--HiS Of Case


County Judge John II. Scott this
morning rendered an opinion dismiss
ing the application for writ of habeas
corpus OF N, Il. Kegg, the McMlnnville
merchant, VS.. ID. J. f. Calbreath, su-
perintendent OF the insane asylum,
where Kegg is receiving treatment.
The case was brought by Kegg to Sc.
cure his discharge from the asylum,
but by the decision rendered today he
will remain charge until regularly
released by the asylum authorities.
In passing upon the case Judge Scott
said in part;
MY opinion in this case Is the same
as II was at the conclusion OF the hear
ing on Tuesday In view of the fact
that the principle of law upon which
a habeas corpus proceeding is based
is fine one. since II implies that
citizen is being deprived Of his liberty,
without due process of law. decided
to take the case under adylsement, re-
viewing the testimony offered and
arriving at what appeared to me to be
the true condition OF Kegg.
II am pleased with the manner that
all testified. The asylum authorities
seemed extremely careful, and wished
to do what is right in the matter. Il
is no concern to them, personally
whether Kegg is released or not, but
they feel it their duty TO discharge
their duty as they see H. ! was pleased
with Kegg's talking. There Is no con-
tradiction of the symptoms OF this kind
of trouble, and the manner in which a
person acts when troubled with this
form of insanity. There is no question
but Kegg's mind was affected at the
time OF his commitment, which was
made for the reasons given In the com.
plant Il Is merely a question II the
mind Of the petitioner has been re-
stored to It's normal condition. II 80.
he should be discharged
"At the hearing there were but two
witnesses. in addition to the asylum
authorities and the testimony of these
two confllcted. Dr. Byrd said II was
impossible for him TO tell whether or
not Kegg Is insane at this time, but
he judged from the history OF the
case. that the man is not cured Other
witnesses testified that they believed
the man was cured. aud would be all
right II he let liquor alone. Kegg said
he intended TO become a good citizen,
which was all that could be asked OF
any one do not believe that Kegg's
insanity is caused from drinking, but
rather that his drinking Is the result
OF his insanity. which causes him TO-
form Ideas that people have II In for
him. II he should be turned loose
and he returned TO drinking. II would
be but short time Until he would be
In the same condition that he was
when committed. Hut this matter has
little weight in the consideration OF
the case. II the man Is sane he
should be released.
81 do not believe that this court
should discharge a person from the
asylum, except IL ls the opinion OF the
court that the patient has been posi-
lively restored 10 his right mind The
asylum authorities have the right to
let Mr.. Kegg out on trial at any time
they see ft This they have done on
three different occasions. and he has
been returned each time. II he Is now
retained In the asylum the authorities
can give him a further trial, when they
think his condition warrants H. His
testimony at the examination on Tues.
day led me % believe that he has not
been restored 10 his natural health.
For theae reasons this court should
not interfere In his case. or In any 9th
er case, unless positively convinced
that the person has been entirely re-
stored 10 health. In view OF these
facts, will hold that Mr. Kegg be held
at the asylum until regularly dis
charged"
N. E. K9gg is a merchant OF Me
Minnyllle, and was first received al the
state insane asylum In May. 1900. He
was released ON parole on three differ'
ent occasions. and on the complaint Of
the citizens OF McMinnyille he was In
every Instance returned 10 the insti'
tuition IN from 10 10 80 days after he
had been allowed 10 return TO his
home
In the examination Of the case before
County Judge Scott ON Tuesday,
Superintendent Calbreath and Drs
williamson and Grifith opposed the
release OF Kegs. for the reason that
they hd not consider him NJ man to
be discharged from that institution
in the hearing OF the case the state
was REPRESENTED by Deputy Prosecut
ing Attorney c. L. McNary while
Kegs oese vas conducted by }. A
Jeffrey.
In testifying concerning Keggs case
DR.. williamson said the man had
chronic case Of paran0ia, a delusionarj
TYPE Of insanity. He stated that the
patient lmagines that no II the victim
Of an organized association Of riya
business r,en Ia McMlnnville. who ar'
seeking. for business reasons, 10 keel
him IN the asylum for an indefinite pc
ilod. The doctor also testified ha