Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-01-25
Expert Witnesses For Both
State and Defense Declare
Defendant Sane
ALL TESTIMONY OF RECORD
Clerk to Commission Takes Every Bit
of Evidence and Objections, and
Hearing is Conducted as Tho in
Court of Law-Absence of informant
Basis of General Objection.

DR.. H. l.. Getz, prominent in Iowa a
a physician and surgeon, and expires
ident Of the International Association
of Railway Surgeons, was late Frida,
sioners of insanity, after a hearing tina
was conducted in exact conformity t,
any proceeding before court of law
Every bit of evidence was taken by 6
clerk appointed by the commission
and the notes will be transcribed ant
| made a part Of the insanity records OF
the county.
When DIR. C;etz was. arrested on an
insanity charge. filed by f. u Mack
as secretary Of the Ellls lodge, he i'm
mediately gave notice of resistance to
the application and employed +. f.
| jections to the hearing itself were regis
tered by the defense at the outset
| on the grounds that the informant
| Mr.. Mack, was not present: also that
| the commissioners had already passed
upon and adjudicated the defendant
insane, from which he had already
been discharged. Another objection
was that no certificate of physician,
recommending that the defendant be
taken into custody on an insanity
| charge, was on file before the COM
mission, and without which the COM
mission had no right to act.
Finding Of the Commissioners.
The finding of the commissioners in
the case is in full as follows: Upon
the hearing before the commissioners
of insanity of Marshall county, Iowa.
upon information filed by E. Y. Mack,
on Jan. Is, 1908, against Dr. II. L..
Getz as to insanity, and upon the re-
port of Drs H. H. Nichols and Norman
Mighell, who, on Jan. 20, 1908. We're
appointed examining physicians to in
quire into the matter of the sanity
or insanity of the said DR.. H L. Getz,
and the board being fully advised by
said examining physicians, and fur
Their testimony being taken upon mo-
ton it is found, under the testimony
and report of examining physicians, that
said DR.. III. L. Getz is sane, and not
fit subject for the insane hospital, and
he Is hereby discharged by said COM
mission" .ar
Dr.. Nichols First Witness.
DR.. H. III. Nichols, one of the ply
sicians appointed by the board to IN
quire into the mental condition of DR..
Getz and make recommendations to
the board, was the first witness exam
ined.
DR.. Nichols was asked by Mr. Meek
err Of the commissions:
"Tn your opinion is DR.. Getz sane or
insane?"
f (A.) ~ have seen no evidence OF
insanity by talking with the doctor
both before and on the date of the ex-
animation. I think he is sane
Dr. Nichols then qualified his state
ment by the remark that there was no
evidence of insanity in Dr. Getz's case
excepting condition that might be
caused temporarily by any individual.
occasioned by the use Of drugs, such as
cocaine, or similar narcotics.
co. It's the effect of the use Of
drugs, as in the case of DR.. Getz, sucn
that he should be confined or not con
fined in a hospital?"
Objected to on the ground that the
commissioners of insanity have no
jurisdiction as to inebriacy, and only
as to insanity.
(A.) ri have never seen DR.. Getz in
a condition that he was not able to
care for himself or where he was dan
gerous to any one else"
Mr.. Meeker: Estate. whether or not,
on the date you examined DIR. Getz, in
your opinion he should not be re-
strained as being insane"
Objected to as incompetent
(A) "He has never said or done
anything in my presence that would
me saying he was insane"
DR.. MigheIl's Testimony.
DIR. N. E. Mighell, the other physi-
,ian appointed by the board to in
luire into Dr. Getz's mental condition,
vas the next witness.
(Q.) Did you, on January 90 make
careful personal examination of DR..
setz to determine the fact of whether
IT not he was sane or insane?"
(A.) II talked with him and lis
ened to what he had to say for some
ime"
Mr.. Meeker: "You may report to
he commission what you found,
whether in your opinion DR.. Getz is
ane or insane?"
(A.) From conversation I had with