Evening star., 1904-03-19
THE CASE OF O'BRIEN
COUNSEL SEEKS HIS RETURN TO
HOSPITAL FOR INSANE.
It is Probable, However, That Case
Will Go to Grand Jury-The
Prisoners Record.

Attorney Philip Tindall. counsel for Will
lam Duffey. alias William J. OBrien, now
In custody as the result of being the prin-
cipal in the recent sensational shooting af-
fair at the War Department, called to see
United States Attorney Beach yesterday
and again today in reference to the case. On
the occasion Of each visit. however, Mr..
Beach was not in his Office.
The desire is to have the authorities drop
the criminal proceedings and surrender
Duffey to the insane asylum officials. The
indications are. however that the case will
go to the grand jury and in the event an
indictment is reported. proceedings will
then be taken under the provisions of the
District code to have a jury determine. be-
fore trial. the mental condition of the ac-
cused.
O'Brien's Record.
Attorney Tindall has just received from
Gen. F. c. Ainsworth. chief of the record
and pension office. War Department, by
authority Of the Secretary of War. the fol-
lowing official report. relating to Duffey:
THE official record shows that this man
enlisted January 3O 1883, at New York city,
and was discharged January 29 1888, by
expiration of term Of service. at Fort STEM
ton, New Mexico, while serving as a pri-
vate of Troop D., 9th Cavalry. His char
acter during this enlistment was recorded
as very good. He again enlisted, under the
same name, April 10. 1888, in New York
city, was assigned to Troop B, 9Th Cavalry,
as private, and was dishonorably dis
charged April q, 1899, at Fort Meyer, Va,
in execution of the sentence of a general
court-martial, which found him guilty of
having failed to report for duty at the
proper time. Of having made false state
ment to his commander of having resisted
arrest, of having absented himself from
Wi pnlfh "a
court also sentenced him to be confined at
hard labor under charge Of the post guard
for period of four months
1T appears that this man enlisted Au-
gust 49, 1885, at Washington D. c., under
the name of William ]. O'Brien. and was
assigned to Battery H, Sd Artillery. He
was admitted to the Government Hospital
for the Insane July 26. 1898. and was dis
honor, August 10, 1898, on surgeons GER
tificate of disability, the surgeon certifying
that the man was suffering from melan-
cholia with hallucinations, due, it was
thought to the excessive use of alcohol.
Battery Commanders Certificate.
''The battery commander certified con-
cerning O'Brien as follows:
Mania first developed March 27, 1893
while confined for drunkenness; discharged
from post hospital apparently cured April
4, 1893; relapse June II. 1893. apparently
due to the excessive use of alcohol in tropi-
cal climate
''O'Brien was released from the Govern
ment Hospital for the Insane on visit
October II, 1895. He was again admitted
November 90 1897, from the Soldiers Home
In this city, where he had been temporar-
fly admitted. There Is no later record OF
him in the War Department, although he
has been frequently at the War Department
during the past year, complaining of the
injustice that has been done him in giving
him discharge without honor from Bat
terry II, Sd Artillery"