The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-11-19

RSLSi I 49, liiatif AlSiN a.a 1.zs.-r
Appointed.
NASHVILLE. Tenn. .yot. Is-Tzs
efforts Of Mrs. Jane Eliz P.rrs..,
wife of DR.. J. D. Pluukeu to Seem.
her release on q writ of h.. A.m.
pus, from the City View s.n6
came to a successful issu- ersar
when Judge Thomas E. Mu-.as i,
the First Circuit Court, held that Mrs
Plunkett was illegally restrained a,
her liberty and ordered her release
The decision came in sustaining IA
murrer to the answer and return a
DR.. J. w Stevens, Superintendent d,
the Sanitarium, to the petition of Mrs
Plunkett. Judge Matthews sustains
the demurrer, the effect OF which is
notification of the proceedings by
which Mrs. Plunkett was adjudged in.
sane.
After setting out the grounds Of
complaint, and saying that Dr. Stevens
attempted to legally justify his Gus
tody and detention of Mrs. Plunkett
by certain proceedings had in the
/ County Court, January, 1909. and
again by the certificate of certain phy
siicans given in July, 1909, under the
recent act of the Legislature" Judge
Matthews calls attention to the fact
that defects in he proceedings have
been pointed out
Continuing, the opinion says: But
one of these defects is OF itself sufR.
cient 1t appears on the face of the
proceedings that Mrs. Plunkett never
had a fair, reasonable and legal op
portunity to defend her liberty; and
the right to use, enjoy and dispose Of
her property, which is large She
never had the opportunity to face
jury and TO produce witnesses in her \
behalf. nor 10 be represented by coun,
sci. These rights are common to all
under the Constitution of Tennessee,
and are so fundamental that | am con
strained to hold and decide that the
proceedings aimed at her liberty and
her right to control her property are
UP to this time, null and void
The demurrer to the defendants
answer and retGrn are sustained. Tn.
less Mrs Plunkett is regularly adj
judged u be Of unsound mind as to
recessitate her confinement, she must
be restored t. her liberty and to The
control Of her property Of course, !
do not and cannot adjudse in this
proceeding that she is either sane Or
insane. That question must be deter
mined in another court ! decide Oh
this one point, to-wit, that Mrs
Plunkett never had a fair and imnar
tial trial, nor has she ever had Legal
to have such trial
In the action in the Chancrey Coul
Mrs. Jane Eliza Plunkett against Per
cy Brown and others, the defendants
have filed their answer and have
prayed that a commission in Iunac.
be held to determine whether OF no
Mrs Plunkett is insane. The mater
is set for hearing on December 10
This answer and petition for a IlnSV'
inquest was filed Thursday afternoon
before Judge Matthews decided 'DS
habeas corpus case.
The decision of Judge Matthews d
regarded by the attorneys for MIS-
Plunkett, Mr.. Harry s. Stokes anu
Gen. F. M. Bass, as of importance n"
only because it restores to N'S
Plunkett her liberty, but as lHe'
think holds the asylum act OF 'Ds
last session of the Legislature uHcO"
stitutional.
BY an order entered on motion
Mrs. Plunkett, Clerk and Master NV
ert Vaughan is appointed receiver
take charge of Mrs Plunketts p'OF
erty in place of Percy Brown heT W.
in-law and guardian, pendine a 'e''
mination of the action in chance''