The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-10-02
LINDSAY is GUILTY
Judge Dana Finds Doctor Vic.
lated Injunction.
Kept Insane Patients in Hos
pital Cottage.
JUDGMENT DEFERRED
Ne1ghbors Had Complained
About the Neise.
EnjOined Fortnight Age and
Complaints Renewed. i.
JUDGMENT DEFERRED

Any frivolous unconcern regarding
the outcome of the Lindsay sanitarium
case, taken under Amusement in the
district court a fortnight ago, was sud
denly dispersed this morning when
Judge A. w. Dana found DR.. W. S.
Lindsay guilty of contempt of the in
junction granted June 26 restraining
the doctor from treating insane patients
il the cottage adjacent to Christ's hos
pital.
The judges opinion was oral and de-
Hvered briefly. In substance, he said
that the evidence-and the evidence of
the defendants own witnesses-had
shown that the doctor had continued to
receive and treat insane and mentally
deranged persons in the cottages for
the past two months, precisely as he
had done prior to the injunction, and
that patients had been taken directly
from the nervous santtdrium to the
asylum for insane.
The Injunction had been sweeping
one and restrained the cottage" from
receiving insane persons, persons OF
unsound mind. or mentally deranged, or
from managing or conducting SAID COT
tages SO as to in any way disturb the
peace and quiet of that community.
That injunction did not leave the
physician much margin for the recep-
ton of nervous people into his care
for the nervous folk were prone to yell
at times and the alcoholic insane were
especially noisy. To add to the difh-
Guilty the people of the ne1ghoorhooa
became very susceptible to the noises
from across the lawn and testified read
lily to their annoyance.
I'm the original case" said Judge
Dana, in talking of the matter, there
were 30 witnesses, representing every
family around the hospital square, VINO
testified that they had been disturbed
by noises from the cottage. but not one
OF them could say that he had peen
disturbed at any time by cries from the
hospital proper. The construction or
the frame cottages SO as to give the
patients plenty of light and air proba,
bly, has something to do with that
Case Filed in 1908.
The original petition in the case was
filed December 80. 1908. by Attorney
General Fred S. Jackson and County
Attorney ]. ]. Schenck. In the trlai
following witness testified to the fact
had actually been confined in state nos
pltaIs for the insane while others ao-
Judged insane, had also been taken In |
The petition asked an Injunction IN
view of the fact that DR.. Lindsay had
no license to operate such asylum.
II was brought out by witnesses in
the original trial that such a license |
had been applied for when the lhstltu-
piication was Withdrawn evidently in
fear of refusal
The general statutes OF kansas TOT
1905 in declaring the care of such pat
tents without license in such sani-
tarium makes provision that 1t shall
not be applied to cases where an IN
sane person is detained and treated In
his home or that of some relative or
friend
1.-The intention to save a person from
an insane hospital except as last re-
sort is commendabls." said Judge Dana,
but this is an Institution conducted Tor
pecuniary gain.
Had the suit been brought as mis-
demeanor charging DR.. Lindsay with
operating an insane asylum without IL
cense then he would, upon being round
guilty, be liable to pay a fine OF $40
for each day of the maintenance or the
But the attorneys. in due considera-
ton, merely brought petition Tor
restraining order. the contempt OF
which order is punishable subject to the
discretion Of the court.
The application for punishment Tor
contempt was brought by E E. Mar
rhall 900 West street. and others. At
fornevs Hazen Cav & Slonecker rep
the defendant while Ferry
Doran & Magaw conducted the prosecu-
ton. +
sentence upon DR.. Lindsay was de-
ferred by Judge Dana for few days
In order to give his attorneys an OPP
portunity for hearing l.