Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-03-12
Proceedings to Determine His
Mental Condition.
DR.. SHUTE'S REPORT
JAIL PHYSICIAN UNABLE TO DE-
CLARE PRISONER INSANE.
History Suggests That Prisoner Has
Dangerous Lurking Disease 80
His Record in Army. : ssz-

William ]. Duffy alias William J.
O'Brien the paroled patient from ST. Eliz-
abeth's Hospital for the Insane, who shot
a clerk and messenger in the War De-
partment more than week ago, is to have
a hearing in the Police Court next week
The hearing will not be upon the charge
of shooting. but will be for the purpose
of determining the mental condition of the
prisoner. Since he reached the Jail he
has manifested symptoms whatever that
justify the physician in reporting that he
is insane. This statement is made in let
ter received by Judge Scott this morning
from DR.. Shute, the Jail physician.
Physicians Report.
In his report upon the prisoners condi-
ton the physician says:
Il certify that l have examined William
Duffy, alias William j. O. Brien, to his
mental condition, with the following re-
suit: He refuses to talk about the shooting
episode. saying that he prefers to discuss
the matter with his attorney and no one
else. About everything else he talks in
diligently, coherently and IN a straight
forward manner He is quiet, well behaved
and has no apparent delusion.
II am credibly informed that he deserted
from the United States army about seven
years ago, and was arrested in consequence
and found to be insane and sent to ST.
E,liZabeths to be treated for his insanity
l am also credibly informed that he has
given no evidence of insanity for the last
four years. and that it was seriously con-
templated discharging him from the insane
hospital as cured
He denies now that he is insane. and
has always claimed that he was of sound
mind. His undoubted insanity at one time
and his persistent failure to recognize the
fact from the beginning of his mental dis
ease to the present, creates grave sus-
picion that there has never been conf
plete cure of the man. The prisoner in
forms me that he drank whisky the day he
committed the assault. His total absti-
hence from whisky since his detention here
and his quiet and regular habits are suffi-
cient to account for the fact of his having
no decisions at present.
Regarded as Delusive Insanity.
'As far as his conduct and talk here
are concerned he anifests no symptoms
whatever that will enable me to say that
he is insane. Nevertheless, from what l
can understand of his eccentric habits in
the past. from his evident insanity at one
time, from his long residence a patient
at St Elizabeth's. and from his failure to
realize that he has ever been insane, l am
of the opinion that the latent instability of
his nervous system, in conjunction with
strong drink the day of the shooting.
developed delusional insanity which led him
gests that he has a dangerous lurking
mental disease. and l believe him to be a
proper subject for the insane asylum"
The method of procedure in the case is
laid down in section 92I of the code. This
provides that in case where prisoners
sanity is questioned and a showing made
that he is not in proper mental condition
to appear for trial he shall have hearing
before a jury of thirteen persons, and the
hearing is to take place before the court
that is to pass upon the criminal charge.
Prosecuting Attorneys Mullowny and
Given have given the case some thought,
and the postponement of the was
acquiesced In by Attorney Philip Tindan,
counsel for the prisoner. 1t was to give
the physicians plenty of time to observe
the prisoner that the hearing has been
delayed
Prisoner Quiet and Orderly.
The prisoner, is shown in the report
Of the physician, has been quiet and
orderly during the time of his confinement
in Jail, and continues to protest that his
mental condition is normal He still de-
clares that he prefers the penitentiary to
the asylum. and will resist any effort that
is made to have him returned to the latter
institution. William j. Duffy is the real
name of the prisoner. He Is a native of
Ireland. but has lived in this country since
he was boy There several members
of the police department who served with
enlistment was in New York in 1883 when
he gave his right name, and was assigned
to duty with Troop d. 9th Cavalry, and
sent to Fort Grant Ariz. From there he
went TO Fort Stanton, n. NJ. His second
enlistment was in Troop b of the same
company. and, it is stated he was bob
tailed" The manner of his leaving the
service after his second enlistment caused
him to take assumed name when he en-
listed the third time.
Duffy was popular with the soldiers. in
the commands with which lie served and is
pleasantly remembered by many of them.
He did his duty in the Geronimo campaign
and came near killing an Indian scout by
accident. He out with party looking
for antelope and when the scout moved
the bushes Duffy thought he was an ante
lope and fired at him. Fortunately for the
scout, Duffy was not good marksman.
1t is stated by friends that there was never
anything peculiar about his conduct except
when he was under the influence of LIQUOR