The Savannah morning news., 1904-07-30
COUNTY DECLINED
CARE OF LUNATICS
ORDINARY RECALLED JURY
Am PROVISION MADE FOR MRS.
DENNING AND ISAAC WESTON.

County Commissioners Announced
Yesterday Morning That There
Was No Provision in the Law for
Them to Take Charge of Insane
and They Must Refuse to Do So.
Jury Recalled at Once by Judge
McAIpin and Instructed Fully as
10 the Law-New Verdicts Return
ed Recommending Mrs. Denning
10 the Asylum and That WestOn's
sister he Named His Guardian.
Action has been taken that disposes
If the cases of Mrs. Matilda Denning,
white. and Isaac Weston, colored, ad-
Judged insane but refused a recon-
mendation to the asylum. Judge Hen
~ McAlpin received word yesterday
morning from the county that it could
not be responsible for the lunatics and
at once took action to provide for
them.
As a result, Mrs. Denning more than
20 years of age, has been ordered sent
to Milledgeville for treatment. 1t is
improbable, owing to her advanced age
that anything can be done toward re-
storing her mental faculties Isaac
Weston has been turned over to his
sister, at her request, and she will care
for him.
The action was taken by Judge Nc
Alpin promptly, who wished to avoid
keeping the lunatics in Jail under con-
ditions which, though of the best that
circumstances allow, are not suited to
their needs. He recalled the jury that
had tried the cases and secured a
change in the verdicts, so far as the
recommendations were concerned.
The authorities in charge of the asy-
lum have been communicated with
and Mrs. Denning will be sent there
as soon as there are sufficient ac-
commodations to receive her.
County Not Obligated.
When the two lunatics We're first
tried the jury found them insane, but
refused to recommend them to the
Miledgeville asylum. Under the cir
Cumstances Judge McAlpin passed an
order turning them over to the County
commissioners for such action as the
said commissioners might think right
and proper"
The question was thus put before
the commissioners unlike any that had
arisen before, and for a time they
were in quandary. Judge McAlpin
asked for an answer at once, but none
was received until yesterday. In their
answer it was stated that there WAS
no law which compelled the commits
stoners to take charge of lunatics, and
that, furthermore, they had no place to
put them.
Judge McAIpin Acts Promptly.
Upon receipt of this information
Judge McAlpin acted Immediately. The
same jurors that had tried the cases of
Mrs Denning and of Weston were or
dered to appear for jury duty at the Jail
In the afternoon. The two cases were
then again brought before them,
though owing to the fact that it was
the same jury that had heard the pre-
Vious cases. no evidence was intro
duced.
The jurors, before making up their
verdict were fully charged by Judge
McAlpn as to the law Under the law
the prisoners must be declared sane
or insane. If sane they are turned
loose. If insane they must either be
recommended to the state asylum for
treatment. or provided such applica-
ton has been filed, turned over to d
guardian.
Inc judge Inen stated tndt sister OF
Weston, woman of good character,
and who could easily care for him, had
properly applied for letters of guard
ianshp, and should the jury see fit to
so recommend, Weston could be turned
over to her.
The jury then retired, and in a few
minutes returned with a verdict of in
sane in each case, recommending Mrs.
Denning to Milledgeville, and Weston
10 be turned over to the guardianship
of his sister.
Judge McAlpin promptly granted the
letters of guardianship to the sister
of