Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-18
INNOVATION IN COURT
POLICE JUDGE TO TRY PRISON
ERs AS TO SANITY.
Persons Charged and Convicted of
Crime Who Afterward Become
Insane.

An important innovation will be intro
duced by Judge Holloway in the Police
Court Monday. when a jury Will be called
to try two convicted defendants who are al
legged to be insane. Several years ago a
few trials of persons charged with insanity
were held under the direction of the Police
Court Shortly after that the new code
of the District was adopted. and since then
no attempt has been made to have such
trials there.
The matter was brought up a few days
ago when, at the request Of the sanitary
officer OF the police department. Corporation
Counsel Thomas held that after prisoners
had been convicted in the Police Court of
an offense and went insane while serving
their sentences the sanitary ofncer had no
jurisdiction in the matter, and it was
matter for the Police Court judges entirely.
The sections of the code covering the mat
ter are as follows
Section g27. When any person tried upon
an Indictment for an ofense is acquitted
on the sole ground that he was insane at
the time of its commission, that fact shall
be set forth in their verdict; and whenever
a person is indicted for an offeuse, and be-
fore trial or after a verdict of guilty prima
facie evidence is submitted to the court
that the accused is then insane, the court
may cause jury to be lmpaneled from the
jurors then in attendance at the court or
If the regular jurors have been discharged
may cause sufficient number of jurors to
be drawn to inquire into the sanity OF the
accused, and said inquiry shall be conducted
in the presence and under the direction of
the court. If the jury shall find the accused
to be then insane, or if an accused person
shall be acquitted by the jury on the sole
ground of insa nifty, the court may certify
the fact to the Secretary of the Interior,
who may order such person to be confined
in the hospital for the insane, etc.
While Undergoing Sentence.
Section sos. Any person becoming insane
while undergoing a sentence of any court
of the District of Columbia for crime may.
in like manner, be committed to said hos
pital for the insane by an order of the Sec
rotary of the Interior, to receive the same
treatment as other patients during the con-
tinuanCe OF his disorder.
" hen the question was brought to Judge
Mulowny's attention last week he deter
mined that under section ops of the code
the Police Court had jurisdiction TO try in
sanity cases, and he ordered the jury TO re-
4pOrt to his court Monday to hear the evil
dence in two cases In which the defend
ants have been declared insane by the Jail
physicians. The questions are in connec-
ton with the cases of Bernard Neilhaus and
Matthew Bell. Both of these men have
been convicted of offenses against the DIS
trict and were committed Now they are
reported as insane. The jury will meet on
Monday and the innovation viii be started,
establishing an important precedent for
the court.
The question was also brought up before
Judge kimbal in the case of Viola Fleet,
who was in jail for an examination as
to her mental status before trial in the
Police Court and who was pronounced in
sane by the jail physician. As has been
stated in The Star, Judge Klmball found
that the code provided for jury trials when
a defendant was charged under IAN in
diCtment.'
Amendment Approved.
Holding that a defendant in the Police
Court was charged only upon an informa-
ton. lie did not think the code applied to
the case, and he has proposed an amend
ment to section 927 of the code which will
include both AN indictment or an informa-
ton"
This amendment was referred to the cor
poration counsel and he has forwarded it TO
the Commissioners with his recommendation
for its passage. Until that section of the
code is changed. he holds, jury trials 10 de
termine insanity cannot be held in the Po-
lice Court. Judge MolloWny stands on sec
ton 92S for his authority TO try the cases
Monday.
1t will be noted that in the cases before
Judge MulIowny the defendants have been
convicted and sentenced while in the case
before Judge kimbaH there has been no
conviction Thus their holdings In this
matter DO not directly antagonize each
other.