The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-05
ESCAPES FROM ASYLUM; SUES.
MRS. SCHMIDT SAYS SHE WAS
ILLEGALLY COMMITTED
After Accusing Her Husband OF Miscon.
duct-Court SAcstes Commitment on
Evidence That She Is Now sane, and
She Sues Her Husband for Divorce.


duct-Court Vacates Commitment on
Evidence That She Is Now sane, and
She Sues Her Husband for Divorce.
Mrs. Julia Schmidt, who escaped on
Aug. 81 from the Riverorest Sanitarium
Astoria, to which she was committed In
April, 1908, has been declared sane by SUI
preme Court Justice Leventritt. She has
also instituted suit for divorce against her
husband. Fritz George Schmidt, optician,
OF II East Forty-second street. and in this
suit Justice Leventritt has determined that
she Is entitled to $40 a week alimony. Both
decisions were rendered yesterday In her
aff1davts Mrs. Schmidt accuses her hus-
band of having had her committed un-
lawfully after she had accused him of mis-
conduct
Within week after that episode, she
says, DR.. John A. Hartwell Of so East Fifty
third street, whom she knew professionally.
told her that il would be we'll for her to go
to the country with him to recuperate, and
she assented, believing that she was going to
hotel. She found that her country home"
was the Rivercrest Sanitarium, in which
she was confined against her will. She
told the doctors, she says, that she was
perfectly sane, but they paid little atten-
ton to her, and four weeks later she was
informed by DR.. Dold of the sanitarium
that she had been committed by the courts
as insane. She says she had never been
notified or served with any papers. On
Aug. 81 she escaped and instructed her
counsel to have her commitment examined
and vacated and begin her divorce action.
She feared that II the commitment were
not vacated she might be taken back to
the sanitarium when her suit came up in
court. Drs. S. P. Goodhart and l.. Pierce
Clark have examined her since her escape,
and pronounce her sane. On their GER
tihcates and her affidavit Justice Leven-
tritt ordered that her commitment he set
aside.
Optioian Sohmidt's afldavits deny the
misconduct charged and say that his wife
is often irrational and Irresponsible and
attempted. thirteen years ago, to commit
suicide. She was taken to sanitarium
and detained there till she recovered, when
she returned home. Schmidt lays his
wfe's accusations against him to an in
suranoe broker, whom he names and ac-
ouses of fabrication.
He says that his wife went voluntarily
to Rivercrest on the advice Of DR.. Hartwel.
and was paid patient, occupying the best
rooms rooms and h being wei cared for She grew
OF keeping her confined there. She wrote
to two lawyers, who employed Drs. Hirsoh
and Barry to examine her They reported
that she had homicidal symptoms. and DR..
bold OF the santarium also declared that
II would be unsafe for her to be at large
Schmidt then applied to the courts for her
commitment as insane, and procured 1t,
as he says, in her own best interests and
for the sake OF the two children. and In
perfect good faith. He says that he is per
able manner, but that she has no reason
for divorce action.
Charles l.. Fosdick says In an affidavit
that he was present when Mrs. Schmidt
taxed her husband with misconduct. and
that the optician practically admitted the
charges