Evening star., 1905-08-25
REVERSAL OF RULINGS
Justice Stafford's Action in
Habeas Corpus Case.
OVERRULES DEMURRER
PETITIONS OF TWO PARTIES FOR
RELEASE FROM ASYLUM.
Gases to Be Heard Next Wednesday on
Questions Regarding Mental
Status of Petitioners.
OVERRULES DEMURRER

A decidedly new turn was taken yester-
day afternoon in the matter of the deten-
ton of insane eX-soldiers In the Govern
ment Hospital for the Insane when Justice
Stafford. after extended argument. over
ruled demurrers to the returns of DIR. Will
liam y. White. superintendent of the asy-
lum upon petitions In habeas corpus OF
John Connor and Matthew ]. Barry, in
mates of the asylum.
In the petitions it is alleged that Connor
and Barry are being illegally held by the
superintendent, without any authority of
law, and are not insane and never were In
sane. In his returns DIR. White stated that
the petitioners were committed to the asy-
lum on the order of the president of the
board OF managers of the National Home
for Disabled Volunteer Soldiers, and that
they are still insane.
The petitioners demurred to these returns,
and, after argument by Attorney Richard
p. Evans for the petitioners and Assistant
United States Attorney ]. S. Easily Smith
for the superintendent of the asylum. JUS
tice Stafford. as stated overruled the de-
,murrers. The petitioners then denied the
truth of the returns, and the hearing was
set down for next Wednesday.
The effect of the decision of Justice Staf
ford is to hold that the original commit
ment of the petitioners was valid and that
the only question to be determined is
of fact; that is. whether or not the petit
TONERS are still insane.
Mr.. Evans then urged that this question
of fact should be decided by a jury but
after hearing argument. the judge ruled,
as urged by the assistant district attorney,
that the testimony should be heard and
the facts decided by the judge in habeas
corpus proceedings.
Rulings Reversed.
ipta a.
clson is that it Is practically reversal of
the recent rulings of Justice Wright in the
case of Alexander n. Willis and of Justice
Barnard in the case of James l.. Shaner
Justices Wright and Barnard held that the
commitments in the Willis and Shaffer
cases, in which the facts were practically
Identical with the cases of Connor and
Barry, were void and without authority
of law, and discharged Willis and Shaffer
without further proceedings, after having
given the authorities times to Institute lu-
macy proceedings
AT the beginning of the hearing yesterday
Justice Stafford announced that he would
be governed by the decisions of Justices
Wright and Barnard in similar cases. but
after being informed by Mr.. Easily Smith
that there were some important statutes
and authorities which had not been sub
mitted to Justice Wright or Justice Bar
nard, he heard argument on the demurrer
counsel for the petitioners concurred in
the statement that laws now cited had not
been considered by Justices Wright or Bar
nard.
The statutes referred to were the act OF
March 81. 1865 providing that "An inmates
OF the National Home for Disa bled Volun-
teer Soldiers shall be subject to the rules
ana articles of war, and in the same man.
ner as II they were in the army" and the
act or August Z, 1850, providing that ANY
inmate of the National Home for Disabled
volunteer Soldiers who is now may here
after become insane SHALL upon an order
or the president of the board OF managers
or the said national home. be admitted to
said hospital and treated therein"
Basis of Argument
From these laws the assistant district at
tcrney argued that the petitioners Connor
and Barry had, by entering the home, vol
unfairly assumed the status of soldiers and
subjected themselves to military authority;
that their commitment by the president
OF the board of managers was legal and
by due process Of law, and that the only
question to be determined was whether or
not they are now insane. should the return
of the superintendent as to their sanity be
traversed by the petitioners
The court sustained these contentious
and, after the petitioners formally traversed
the returns. decided that the question OF
present sanity not of the petitioners
Il jury.
The effect of this decision, 1t is stated is
practically to put a stop to the threatened
wholesale discharge of inmates of the asy-
lum committed under the laws above
quoted