Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-09-24
STILL UNDETERMINED
PROCEEDINGS INVOLVING Gus
TOBY OF GEORGE KLEIN.
Legal Battle in Alexandria County
The Alleged Lunatic Surrenders
Pending Trial.

A warmly contested legal battle Is on In
the Alexandria county court to determine
the custody of George Klein, who Is wanted
by the Maryland authorities as an escaped
lunatic and who has been in Alexandria
county since Thursday last, when he left
the Maryland Hospital for the Insane, at
Spring Grove, near Baltimore. In an aff1-
davit presented to the court it is stated
that Klein unlawfully escaped from the
asylum September 10. after having been
committed to the keeping Of DR.. J. Percy
Wade, the superintendent, for insanity, and
that DR.. Wade is his lawful custodian.
Klein appeared at the county Jail this
morning and gave himself up to Sheriff
Palmer. according to the promise made to
the Baltimore detectives yesterday by the
elder Mr.. Klein, his father. The hearing
had been set for 10 o'clock, but there was q
delay until almost noon. In the meantime
the law firm Of Machen & Moncure had
been engaged to assist Morris A. Soper OF
Baltimore, assistant United States district
attorney. The defendant was represented
by Col. Francis l.. Smith Of Alexandra and
Judge Charles Pelham of Washington.
Justice f. F. Thompson of Arlington dis
trct sat to hear the case and associated
with him were Justice Stevens Of Jefferson
district and Justice G. w. Donaldson of
Washington district. The proceedings were
held in the room Of the county supervisors.
Klein was brought in, followed by his wife
and father.
Attorney Lewis H. Machen of counsel for
the Maryland Hospital for the Insane
stated to the court that he and his asso-
ciate counsel had applied to Judge Love Of
the county court for writ Of habeas cor
pus, and asked that the consideration OF
the case be delayed until the application in
the higher court should be passed upon.
Regarded as Remarkable.
Sroith ~ FOR lot Il
it was a remarkable procedure for writ
of that nature to be applied for by any per-
son other than the one charged with some
offense for which he was incarcerated.
He denied that the Maryland Hospital for
the Insane, through its attorney, had any
such authority, and asked that the case be
proceeded with on question of fact, NOV
ing that the W. rrant be QuaShed.
Mr.. Machen IN reply said he had been in
formed that the writ had been granted by
the county judge He said the action had
been taken in order that certain points of
law involved might be brought out. Judge
Pelham, associated with Colonel Smith.
said the other side. by an unheard Of pro-
ceeding, had attempted to take the case
out of the jurisdiction Of the court to which
it properly belonged, for the purpose of
placing 1t in another court.
Judge Pelham said he had never heard of
such a course. He read the affidavit which
from the Maryland hospital and criticised
It by saying that 1t charged no crime. 1t
was on the strength Of this affidavit that
Justice E. F. Thompson of Arlington dis
trict had granted the warrant for the ar
rest of the prisoner. He then asked the
court to auash the warrant and dismiss the
prisoner.
Morris A. Soper of Baltimore, assistant
United States district attorney. who ap-
peared with Messrs. Machen and Moncure
on behalf of the Maryland hospital, argued
that the matter should be postponed. He
alleged that the prisoner had escaped from
the hospital and referred to him as having
committed the crime Of murder.
This latter reference was objected to by
Colonel Smith
IF you want to get him or try to get
him" said the attorney, do it in the
means prescribed by law.
This Is not the regular way to proceed"
he declared, and then went on to say that
the prisoner is In the Jurisdiction Of Viz
GINA; that If it be alleged that he Is in
sane, and is SO proved. the proper steps
would be to have him confined in some
asylum of the state.
Col. Smith held that the proceedings
should continue, as the writ was not d.
rected toward the magistrates court and
however, insisted on asking for postpone
ment until the writ had been argued and
passed upon in the higher court, and JUS
tice Thompson so ruled.
The Allegations Made.
In the application to Judge Love for the
writ 1t was alleged that Klein had been
tried in the criminal court of Baltimore
January 13. 1902, on the charge Of murder
committed November f. 1901; that the jury
returned verdict Of mot guilty by reason
Of insanity" that he escaped from the
Maryland Hospital September 10, where he
had been placed soon after his trial; that
he is now in Alexandria county in the Gus
tody Of Sheriff Palmer; that Klein Is IL
legally detained by the sheriff and that the
hospital. through Its representative, DIR.
Wade. is entitled to his custody.
Therefore, the petitioners prayed for q
writ OF habeas corpus. directing the sheriff
to produce Klein in court Sin order that the
cause of his detention may be ascertained
and the proper persons to have the custody
of him determined, and that the petitioners
may have such other relief as they may
require Attorney Soper for the board of
managers of the hospital and associated
counsel, Machen and Moncure, appeared as
petitioners. Judge Love granted the petit
ton and Informed the attorneys that he
would hear argument on the writ as soon
as the docket is cleared this afternoon.
At that time somewhat tedious case
was In progress. giving promise of causing
delay In the other matter. If the conten-
ton of the hospital representatives is sus-
tanned, 1t Is stated, the prisoner will be re-
leased. but otherwise the case will prob
ably be referred back to the magistrates
court.
DR.. Wade said this morning that the eff
forts of the Maryland authorities to regain
the custody Of Klein were prompted by a
desire to subserve the ends Of justice in the
state and to protect society. He said the
man had been committed to his keeping
and declared that he would use every means
to regain control of him. 1t Is the ex-
pressed desire of his father to keep him at
his home, claiming that he Is now prac-
tically sane.
DEPARTMENT OF DAKOTA.