The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-02-02

lowing which the Eastern Stale Hosnital
was lcnythiy Investigated. As a sequel
IN this investigation. DR. Foster. It's SUI
rerintondent was dismissed by the Cen
cyal Hospital Board, the dismissal to take
effect on January J, 1907 on January "a
Dr. Foster secured from Judge Tyler, OF
the Circuit court of williamsburg. a writ
OF tertiorari. which prohibited Colonel
Lime, Commissioner of Hospitals. and
DR.. Br,ink from interfering with DR..
Foster IN the discharge of the duties of
superintendent.
This. 1t is said. was to Keep DR. Fos-
tar In office until he had secured trial
at the hands of the general board.
The trinl was he'd, the verdict being
the dismissal of DR.. Foster despite an
order served on the board by Judge
Tyler.
An injunction was issued on January
goth by Judge Scott, of the Circuit
Court OF Richmond, restraining Or.
Foster from in any way interfering
with the affairs of tho Eastern state
Hospital and tmandatory) directing him
to turn over the asylum 10 DIR. BrunNt
the superintendent selected by the gen
eral board.
Armed with this injunction and with
prohibition order from the Supreme
Court of Appeals directing Judge Tyler
to appear before that court on Febru-
nry 5tli and show cause why he had
issued the prohibition. an officer of the
court. accompanied DR.. Brunl TO VIII
linmsburg and served the papers on Dr.
Foster and Judge Tyler DIR. Brunk
then took charge, but only for sis
hours. for Judge Tyler permitted Dr.
Foster to amend and enlarge his bill of
January 3D. md enioin6d DR.. Drunk
and others from interfering with Or.
Foster, who again assumed charge.
No Further Action.
Tonight the papers served on Judge
Tyler and DR.. Foster by order of the
Supreme Court directed that no further
action should be taken by either of
them until the case is decided by the
Supreme Court Tuesday 1t is, there
fore no contempt towards the lSu-
nreme Court for DR.. Foster TO retain his
office but this state of affairs does not
hold good, touching the Injunction is
sued by Judge Scott of Richmond.
whose rule calls both DR. Foster and
Colonel Lawless his counsel before him
on Wednesday to, show cause why they
should not be punished for contempt
in not obeying his mandate. That is
how affairs stand at the hospital to-
night.
If, on Tuesday. the Supreme Court de-
cides against DIR. Foster. the fight IS All
over and Or. Brunk will not be again
interfered with in taking charge of the
hospital. but IL the court decides that
Judge Tyler's injunction was proper then
Dr. Foster will continue as superintend-
ent and the case will come up on Feb
ruary 14th before the Circuit Court of
Williamsburg, to be determined accord-
ing to law. SO DR.. Foster according 70
his counsel. still has Il fighting chance.
although 1t would seem as if the odds
were heavily against him.
Writ on Judge Tyler.
A writ was also served this afternoon
on Judge Tyler by City Sergeant Lawson,
In which he was enjoned by the Supreme
Court from interfering In any way with
the case In question until he had APP
peared on February 9Th before the court
and showed cause why the writ of pro-
hibition issued by him should hold.
Deputy Shields, after seeing that these
papers were served, left for Norfolk to
have served on Colonel Lawless, of coun-
sci for DR.. Foster. a summons to answer
a, rule for contempt OF the Circuit Court
of Richmond.
The morning events at tho hospital
would under ordinary circumstances, have
.aeen eventful. for 1t was decided hy the
special board, in session, to Try Dr.
southall, second assistant physician, on
February 18th, on charges preferred hN
the general board. Congressman Robert