Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-09-29
GEORGE KLEIN'S SANITY,
Expert Testimony Admitted by Court
After Argument.

Argument as to the admissibility Of ex-
pert medical testimony in the case OF
George Klein, who is resisting the attempt
of the Maryland Hospital for the Insane
to recover his person. took up considerable
time In the Alexandria county court today.
In passing upon the questions raised Judge
Love sustained the position Of counsel for
the Maryland hospital
DR.. Arthur Snowden of Alexandria was
first sworn. After being asked the usual
preliminary questions the witness was
called upon to give his opinion to the
sanity Of the defendant. but an objection
was made and sustained to which ruling
an exception was noted. It was explained
by counsel for the defense that the pur-
pose in calling the witness was to prove
that Klein Is sane.
DR.. Snowden was dismissed and DR.. A. b.
Richardson, superintendent of the Govern
ment Hospital for the Insane in the Dis
trict Of Columbia, was sworn The same
action was taken in regard to his testimony.
The ruling of the judge on this point today
was in line with his decision Saturday
evening, not to allow testimony concerning
the sanity Of Klein.
Judge Pelham, Of counsel for Klein, then
read five affidavfts relating to the arrest
and detention Of the defendant, his sanity,
his residence and his attitude toward the
application for a writ Of habeas corpus for
his release
The first affidavit read was that Of John
L. Klein, a brother of the defendant, who
stated that the fugitive Is sane; that he is
resident Of Virginia: that he was present
when the representatives of the Maryland
hospital reached his fathers house a few
days ago, and that then he heard his father
told that bloodhounds would be employed
to capture George Klein, jr, If he were not
surrendered.
The sworn statement of George Klein
ST., father of the defendant, followed, in
which it was alleged that DR.. ]. Percy
Wade. the Maryland hospital superintend-
ho1 orfa hot hn yhnln ofofn Of
Maryland was in uproar, and that he
was trying to get the man back to clear
himself.
ant made affidavit that her brother Is sane
and that he Is resident of Virginia. Mrs.
Ada Klein, his wife, made the same state
ment. and the AFFIDAVIT of George Klein
jr.. the principal in the hearing, followed
In this 1t was alleged that he knew nothing
beforehand Of the effort Of the Maryland
hospital directors to secure hts person by
means Of a writ OF hAbeas corpus, denytnS
the authority Of the petitioners to secure
the same.
In this affidavit also occurred a statement
which was urged later by his counsel as
being important 1t was that OF the OPP
posing counsel in their application for the
habeas corpus writ charging that Klein
had been Illegally detained by warrant
which they themselves authorized and
caused to be sworn out"
The affidavit went on to a1lege that Tho
petition was not for the purpose Of restor-
ing him to his liberty, but was brought
with the sole view of having him confined
In the Maryland State Hospital at Spring
Grove.
When all Of the papers were read. Attor-
neys Machen and Soper objected to many
Of the statements made therein, particularly
those relating to his sanity, and some of
which Judge Love sustained. It was IA
sisted by Mr.. Machen that the main ques-
ton at issue related to the authority Of
the Alexandra county court to return th.
defendant to Maryland; that the question
of his sanity was net relevant and that
the place he claims his residence should
not be considered at all.
Col Smith. replying. asked the court to
recall that Klein had been placed in Gus
today on q warrant issued by q county
magistrate, and that the petitioners for the
writ had placed themselves in the position
Of impeaching their own action In causing
the warrant to be sworn out.
The case VIII be concluded this afternoon.