Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-10-15
OVERLOOK NOT
|NEBR|ATE HOME,
JUSTICE DECLARES
Alcoholic Insanity Patients Must
Be Released as Soon as
Cured, Court Declares.

David Hoey, of Orange, who since
JULY 30, 1909, has been an inmate of
the Essex county asylum for the in
SAINT at overlook, was discharged
from that institution his morning by
order of chief Justice William S. Gum
mere.
In making his order Chief Justice
| Gummere said that the Overlook
asylum was not a home for inebriates,
and that there was no other apparent
reason for Hoey being held there.
This remark was made after DR.. j..
| w. Stiles. of the Overlook staff, ana
DIR. II. p. Geroert, of Orange, had testl-
fed that in their opinion Hoey was
now sane, nut was a victim of the
alcoholic habit and that when released
from Overlook would undoubtedly
again resort to the use of liquor ana
become a menace to the public.
1t was this testimony that caused the
chief Justice to make the remark that
Overlook was not a home for alco-
holics. TT is an institution for the
cure of mental disorders and for the
caretaking of those who suffer from
incurable mental diseases" declared
the chief justice. IF a man becomes
crazed through Indulgence in drink it
is perfectly right that he be confined
at overlook until such time as he has
recovered. When he is again normal
mentally he must be released. The
fact that he may again become insane
through drink cannot be used as a
means of keeping him in the asylum.
sane Unless Intoxicated.
william A. Lord, who represented
Hoey at the hearing, brought out the
fact that Hoey had been sent to over
brook at the request of his relatives,
and that at the present time, in tho
opinion of competent physicians, he wal
sane and would renal SANE unless he
again became addicted to drink.
This statement caused Chief Justice
Gummere to remark Then you are
satisfied that as long as he remain
in Overlook he will be unable to get
anything to drink" The sarcastic tone
used by the chief justice in this COM
ment mad 1t apparent that he has been
pa ying close attention to conditions at
Overlook, especially With reference to
the attendants and patients being al
lowed to obtain liquor.
Both DIR. stiles and DR.. Gerbert testi-
fed that while Hoey was undoubtedly
sane at the present time, he was I'M
! stable and lacked will power and would
almost surely become crazed through
liquor again. Mr.. Lord pointed out that
he was to be taken care of by his rela
tives, but both of the physicians gave
as their opinion that it would be i'm
possible for Hoey to keep away from
drink once he was free from asylum
restraint.
Lord also had a hard time with the
two doctors trying to find out the pres
ent condition of Hoey. When DR.. Ger
bert took the stand the first question
asked him by Lord was lis Hoey nov
sane or ~insane?"
The reply was: Mr.. Lord, ! cannot
answer hi question fairly by saying
yes or no. 1t is not a fair question
to ask a physician under the cireum-
stances. | him this man is sane at
the present moment n could be
legally held for any act he might COM
nit. The minute he gets out of the
asylum and gets a chance he will get
drunk and be a menace to the COM
munity. He is weakened by alcoholic
indulgence and is unstable n
to take care of himself
Chief Justice Gummere then said
that he would have to release Hoey
from the asylum, even though he be
come a and a dangerous per-
son. but at the same tins said that II
was the duty of the relatives of the
Fman to take care of hixss