Montour American. (Danville, Pa.) 1866-1920, 1907-05-02
A BUSY DAY
At COURT


cupied the entire day. His Honor
Judge Evans and Associates Blee and
Welliver were on the bench. In all
four cases were argued
While each of the cases we're import
ant public interest centered in the
action of assumpsit instituted by the
hospital for the insane against the ov-
erseers of the poor of the Danville and
Mahoning poor district. The point at
issue, along with several other import
ant facts were clearly brought out in
the testimony adduced.
Hon. r. S. zimmerman, attorney for
the trustees, read the plaintiffs de-
mand, explaining that both sides agre-
ed on the facts and therefore had de-
cided to dispense with trial by jury
and submit the matter to the court.
William Kase West, attorney for the
overseers of the poor, read the affidavit
of defense.
/ The first witness called was DR.. H.
B. Meredith, superintendent of the
hospital for the insane. He testified
that Catherine Hahn was admitted
from the Danville and Mahoning poor
district as an INDECENT patient and
paid for at the rate of $1.75 per week,
which covers part of the expense,
the State paying the balance. The u.s.
ual sum charged for persons able to
pay is 81 per week although in cases
where special care and accommoda-
tions are involved larger sum is re-
quired. In the case of Catherine Hahn
the Danville and Mahoning poor dis
trict is charged $4 per week with
credit for $1.75 per week. The suit TO
recover the balance was instituted ON
the assumption that there were means
for defraying the expenses in this case
outside of the public funds. The patti
ent was at the hospital from May /,
1908. to May IL, 1904
DR.. Meredith explained that in such
cases when the overseers of the poor
commit a patient to the hospital and
the usual bond is given the natural in
ference is that the overseers of the
poor have determined whether the
patient is INDECENT or not and no
question is raised.
W. Kase West contended that mas
much as the State had made up the
balance due on the support of Gather
- rr-i~~ +ho hospital cannot bring
suit 10 recover nvnOy aA.os-uJ pau.
This brought from DR.. Meredith the
explanation that the amount received
from the State amounts to no more
than 81 per week.
?. M. Kerns, overseer of the poor of
the Danville and Mahoning poor dis
trict, was sworn. He said he did not
learn that Catherine Hahn had prop
erty until after her death. Not to his
knowledge during her life did the poor
board receive money-at the rate of
81. 70 per week-for her support at hos
pital. Some time after her death some
money was received. He said he was
acquainted with the sons of Catherine
Hahn. At the time he was not sure
of the relationship and had never tax
en- the pains to determine whether
they had an estate or not.
Henry Wireman, also an overseer of
the poor of the Danville and Mahon-
ing poor district, was sworn. He never
heard of any money being paid to the
poor board for the support of Gather
inc Hahn while she was at the hospit-s
al for the insane. He is acquainted
with the sons of Catherine Hahn but
did not know whether they had estates
or not. The first intimation that wit
ness had that Catherine Hahn was pos
sessed OF property was when one OF
the sons asked him whether the trea
surer of the district had paid any
money to the poor board on account of
his mothers estate. The defendant
district has since received $64 to relm-
burse it, but during the life time of
Catherine Hahn no money was paid
in.
J. P. Bare, treasurer of the Danville
and Mshoning poor district, was the
next witness. He identified the order
of relief issued by him ON the strength
of which Catherine Hahn was COM
mitted to the hospital as an INDECENT
patient. The complaint, on which the
above order of relief was issued, was
lodged by Joseph Hahn and Sallie
Frock, the allegations set forth being
that said Catherine Hahn was a poor
and impotent person, had lost her rea-
son and had no one to look after her,
etc.
The witness swore that about the
same time on request of the children
he took charge of the estate of Gather
inc Hahn. The property consisted of
double house, each side of which
rented for $5 to $3.50 per month. In
addition, the witness found some per-
sonal property on the premises valued
at $40 AS agent it was his duty to
collect the rent, make necessary re-
pairs, pay the taxes, etc, besides
which, the witness affirmed, the under
standing was that he was to pay to
the Danville and Mahoning poor dis
trict the sum of 81. 70 per week to re-
/ imburse it for what it contributed to
/ the support of Mrs. Hahn at the hos
pital. When money was received from
the estate, which was at irregular in
tervals, he gave the poor board credit
ON his books.
All of Saturday afternoon was oc-
cupied with the testimony. Argument
will be held on some date yet to be
decided on.
nEl,N a