The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1909-10-07
INSANE LAW INVALID
October Term Of Supreme Court
Opened Yesterday-Case Decided
by Judge Watson VIII Radically
Affect Patients in State Hospitals
For thp Insane

by Judge Watson VIII Radically
Affect Patients in State Hospitals
For the Insane.
On account of a decision handed
down by Judge John G. Watson, of the
Supreme Court, Tuesday when that
tribunal began its October session,
several of the State officials are con
siderably aroused over the fact that
the majority of the commitments to
declared illegal. The case in ques-
ton was that of Lydia Ann Allen, of
Johnson, whose husband brought ha-
beas corpus proceedings against the
superintendent of the State Hospital
for the Insane at Waterbury to bring
about her release from that institu-
ton, where she has been confined for
some time past.
The case was heard at the spring
term of court, and the argument put
up by the plaintiff was that tho COM
mitments under which she was taken
to the hospital, was illegal, on the
ground that no trial by jury had been
given. Judge Watson decides that
the argument is sufficient to stand,
and declares the law under which she
was committed to be unconstitutional
on the ground that no citizen has a
right to be deprived of his liberty
without hearing on the matter AS
the law read now, the certificate of
two physicians is needed, saying that
the person under consideration is in
sane, and he is Immediately placed
in the custody of the hospital for de-
tention until further order of the
Board of Supervisors, who will make
regular rounds of inspection of the
patients confined in the institution
Under the decision of the Supreme
Court, any Of the many patients at
the Hospital who have been commit
ted under the same procedure as Mrs.
Allen, may bring habeas corpus pro-
ceilings to regain their liberty but it
is probable that the court would or
der, as it did in this case that the
patient be committed to the cha, ge
of the superintendent of the institu-
ton for a space of time, in which he
should be examined by physicians
and a hearing held in the matter, as
provided by Number 80 of the acts
of 1908. Judge Watson ordered that
Mrs. Allen be confined for a period of
80 days at the Hospital until this
mode of procedure could be gone
through
The decision will not affect those
patients who were committed to the
Hospital from the courts, having been
found not guilty of some crime "
reason of insanity, as those patients
were committed legally, through due
process Of law. -..,~-a ..,-...,ss.
! Judge Waterman read an opinion
in the case of A. H. Pierson VS..
ann 10 liuhliuSlOh, w
county case brought to recover for
a note which it was claimed had
been perverted. The decision affirm
ed the judgment of the lower court,
which was in favor of the defendant.
Chief Judge John w. Rowell then
read an opinion in the case of State
VS.. d. w. Hildreth, the editor of the
Newport Express and Standard, who
was fined 5000 last spring for con-
tempt of court. The opinion was not
ready at the time of the fine, INT
Judge Rowell yesterday gave the
reasons for the procedure of the
court in the case.
Several cases were noted discon-
tinued and settled, while exceptions
have been waived in several cases
also, among them being that of State
rs. francesca Crociata, who is serv-
ing sentence at Windsor for COM
plicity in the murder of an Italian at
Rutland.