The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-10-06
PATIENTS SENT TO
VT. ASYLUMS
ILLEGALLY
Decision BY Supreme Court in
Important Case
ENTITLED TO Jury TRIAL
Deeisiua Aace.s over 700 Patients
No,s Confined at Waterbury and
5rattleboro

Mont Ntiltft Ocl. o. IA
term oil supreme court con vened TINS
mornin,y with a full bench and a large
represe 1tation ~ the bar o the state
present Prayer was ofer d by the
Rev. II A. Flint rector Of Christ
church. and proclamation opening
court was made by Deputy Sheriff
John L. futile
The opinion handed down by Judge
Watson In the insane pauper case OF
LYDIA A Allen OF Johnson brought as
a test case h. OF interest in every
county ,s the state and effects hun
dreds nov confined In the state hos
pltal for che insane at Waterbury and
AZ the lrattleboro retreat In 1906,
after an exRWination by two reputable
physiciats Mrs Allen was committed
10 the slate hos ,.tal by the probate
cour, as an insane pauper. Later her
friends drought habeas co pus pro-
ccsiings fO test tie legality OF her
comnitm rSd The opinion rendered
.oday b. Judge Watson disposes OF
the case. Do vas claimed that Mrs.
Allen wag Illegally confined as an IN
sane stale pauper. The opinion by
Judge Wnsou sustains this claim,
knocks the props from the law under
which she Nas committed. declares II
without force anu discharge her from
such commitment The court, how.
ever. IN lis discretion. ren ands the
woman to the care OF Or. l. ID. Grout,
supcrintenltaf Of tire hosp tai tJr -
davs that her mental coalition may
be determ.Dod 30 no such eXaminat-
ION Is mad, within 80 days the woman
Is 10 be ST. i-ce She was In court
this raornns The Legislature OF
1905 PASSED q law which provides for
"A REASONABLE notice 10 a person 10 be
,.xau..ned al iC insanity to allow them
10 produce evidence In the own de-
fence.
other opiaious rendered today are:
A IA Pierson vs.. Frank i Hunting,
from Wash ngtcn county. judgment
OF the county court for the defendant
affirmed. Opinion by Judge Munson::
In the Ctlttenden COUNT case OF
Alfred w. Felka and wife vs.. NJ. F.
Allen. an a,tt0n brought or alleged
deceit in the sale Of a farm. In which
In the lower court there wa verdict
Tor the defer dant 10 recover his costs.
The opinion handed down today by
Judge Powefs reyerses aBt remands
the case.
Alfred vaiuanoourt VS.. the Grand
Trunk Railwiy company from Essex
COUNT. The plaintiff viii In the
employ of She defendant "a lroad com
many hal botli feet cut OF The case
was twice tried in the love- court Al
the second trial there was verdict
for the piaintir 90 recover $4,000 dam
ages and a Judgment on the verdict.
The opinion handed down by Judge
Watson affrms the Ndgm mt OF the
lower court
Emma L. johnson vs.. Minnie +. Al
ans and w. J. wilkins administrator
Decree OF county court rev ersed Win
mandate TO dhm'ss the c.ise In this
court below with Nt without lcosts as
NAV be determined. opinion by Chiei
Judge Rowell.
Mary Stoddaih Berry vs. Guy A.
Doolitt,e from Nsindham county. Judg-
ment OF the county cour affirmed.
Opinion b. Judge llaseltou
Cushman and Rankin against the
Boston and Maine railroad. This case
came to supreme court o. demur-
rer TO the declaration which the court
below sustained and adjudl ed the dec
laratiOn sufficient ln a'f opinion reA'
dcred by Judge Watson tha judgment
was affirmed
Nancy A. Hencnway vs. Mary -
Lincoln from Wtndham O. dnty. Fet
ition for rev trial dish lsseu VIII
costs. Opinion by Judge Powers
Tho first case set Tor fearing 10
morrow Is from Caledon a county
William Roy VS.. l.. =. Pie ps.