Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-06-10
Ordered Discharged from
Hospital by the Court.
Shot and Killed Wife Isabella in
June, 1905, at Bangor.
Has Fully Recovered from Attack
Of Temporary Insanity.

Bangor, Me, June 99.-Elmer l..
Reyes who since his acGuital on the
charge of wife murder by reason of in
sanity has been confined at the East
ern Maine Insane hospital by order of
the court, was released and discharged
from custody Friday by order of Jus
tice VIM. +. Whitehouse of the superior
court, to whom petition in Reyes
behalf was presented at the April term
of court.
In his decision Justice Whitehouse
DEGREES that since Reyes is now proved
to be sane and that his liberty will not
endanger the peace and safety of the
community, he can no longer he held
and deprived of his freedom under the
constitution.
Reyes shot and killed his wife, Isa-
belle Reyes, in June, 1905, with re-
volver, afterwards turning the weapon
on himself, intficting a wound in his
neck. When he recovered conscious
ness at the hospital, he asserted that
he remembered nothing of the shoot
ing and still maintains this claim.
He has been offered employment in
the office Of the Penobscot Chemical
Fibre Co. at Great Works. which, it
is saiu, he Will accept.
The decision of Justice Whtehouse.
which was rendered Saturday, is as
follows
Elmer L. Keyes. petitioner. for dis
charge from Eastern Maine Insane
Hospital.
At the August term, 1905, of the su-
preme judicial court for the county of
PenOtscot, the petitioner was tried
upon an Indictment against him for
the crime of murder, and found not
guilty by reason Of insanity and there
upon, in accordance with the statutes
OF the State. by precept Of the court.
he was committed to the Eastern
Maine Insane Hospital on the eleventh
day Of September, 1905.
1t is provided by Section three. Of
Chapter one hundred and thirty-eight
K. s. that any person 50 committed
to an insane hospital may he dis
charged by any justice Of the supreme
judicial court, in term time or Vaca-
ton. on satisfactory proof that his dis
charge will not endanger the peace
and safety Of the community.
This petition came on to be heard on
the fifteenth day of May, 1871, after
due notice to the attorney general. ami
the county attorney for the county Of
Penohscot, and after mature consid-
Grafton Of the evidence presented. ] am
convinced by competent and satisfac-
tory proof that the petitioner has hccn
sane since his commitment to the In
sane Hospital nearly two years ago:
that he is Of sound mind at the present
time. and that his discharge from the
hospital will not endanger the peace
and safety Of the community.
The question Of his mental cnndi-
ton at the time of the commission Of
the act charged in the Indictment
against him is not directly presented
by this petition. Whether or not tn"
jury erred in finding by their verdict
that the petitioner was not guilty by
reason Of insanity. is not the question
which this court is now called upon
t. determine.
1t being clearly established that he IS
now of sound mind, and not liable e
endanger the peace of the community
he has q legal and constitutional right
to his liberty.
It is accordingly, ordered that the
petitioner be granted, and that SAID
Finer I. Kcyes he discharged from his
confinement in said Eastern Maine In
sane Hospital.
WILLIAM p. WHITEHOUSE.
Justice Supreme Judicial Court