Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-03-27
is ILLEGALLY HELD.
Judge o'DonnelI Grants Writ in Case
of Mrs Q,louohlin.

OF WIS. " louSNttUs
Dubuque, March 27.--A sensational
case came up before Judge O'Donnel
in the equity court Wednesday. Mar.
garet O'Loughlin, who is, as she says
Illegally restrained Of her liberty at tn.
sisters asylum for the insane, present.
ed a petition asking for Il writ Of ha.
| bcas corpus so that she may be re-
LEASED from the custody of the sisters
She was represented by Hurd, Leneha,
e kiesel.
The petition alleges that the petit
| toner is a resident of Wabasha, Mimi.
where she resided until she was placed
in the asylum in this city. 1t alleges
that she is restrained OF her liberty
by Mary Hogan (Sister Mary Pius)of ST
Joseph's hospital for the insane, and
her associates, comprising the organ
iZation known as the Sisters of Mercy
who are in charge of the Mercy hos
pital insane asylum; that no proper
warrant or other legal process has been
executed or issued. whereby petitioner
is or can be restrained of her liberty;
that the cause or pretended cause, ac-
cording TO the best information OF pc
titioner, is that her brothers, Martin
Lake City. without legal proceeding
of any kind whatever. took your petit
toner, who is about Sc years of age,
under their control and custody in
September, 1902. brought her to Du-
buque and delivered her to said Mary
Hogan and her associates, who are in
charge of the asylum, and where the
petitioner is confined and restrained of
her liberty: that in January, 1903, Ger
tain pretended legal steps were taken
in Wabasha. Mimi, the home of Pc
titioner: but petitioner says the pro-
ceedings We're commenced at time
when she was not present in the state
of Minnesota, and while she was re-
strained of her liberty and not present
either in person or by attorney: and
petitioner AYERS that there was nothing
in said proceedings whereby the per-
sonal restraint of petitioner was au-
thoriZed; that her restraint is illegal
because no legal steps We're ever taken
on which any finding had been had that
would authorize petitioner to be re-
strained of her liberty; that the legality
of the restraint and imprisonment
aforesaid has not already been ad-
judged upon in any prior proceedings
of this character, to the best knowledge
and belief of petitioner: that no APP
plication for this writ has been made or
refused by any judge. Petitioner, there
fore, asks that a writ of habeas cor
pus be issued that she may be dis
from illegal imprisonment and
that she be admitted to bail, if it should
be determined that any proper cause
exists or any proper legal writ has
been issued whereby petitioner may be
of her liberty
A sister of the woman who is con-
fined in the asylum went up there Tues
day and demanded her release, but the
sister in charge refused to release her,
She then decided to apply for writ
of habeas corpus.
The sisters claim that they are hold
Ing her in accordance with instructions
given by one of her brothers, who is
now her guardian, but who, it is
was not her guardian at the
time she was brought to Dubuque and
placed I'm the asylum.
Mr.. Mccarthy claimed that she could
be confined in the asylum on certi-
ficate of two reputable physicians. and
that the brothers had a certificate when
she was taken to the asylum.