The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1910-01-14

state Have Followed Ruling OF ~
toney General and Feel They Hay
Acted Within the Law,
| While the majority oi the Judge, of pfo
hate aud many ui the bu,i legal author
: ties IN Vermont are satisfied with the mod
IT procedure h,ing adopted Ia rcoommit
ing patients 90 the state hospital lot ih
insane al Waterbury and Ia the hmtile
hnro Retreat there !. one di,sruter n,
!. the iuigc vt probate in Orleans county
tmnk 4 Alfred oi Newport Contrary 4,
lie opinion rNprt-.rl by the attorney gen
ral that ii j. optional with judges oi pro
bate whether or not paticnts for rccum
mitmcni shall b. summoned to appear IL
court Judge Alfred ha- issued an ultima
. ium 10 -upcrintcudrnts Of insane insiitu
ilnns in Vermont that al patients 70 y,
rec1mmiited IN his court must appear be-
lore him. lie cites the decision OF the "a
lprrme cuur in the Allen cise lnst tall
and believes HAT hc j. justified by that de-
ri.inn ia demanding that patients be- sum
mnned into his court IN every ease. The
stand taken los Judge Alfred is not, how
lever. shared by many OF the oycr-eers OF
the poor aud selcctmen who arr interested
parties in the matter
During the past week Il became known
lthut ths matter 1t procedure was being
discussed by members Of the board OF
supervisors and Tuesday evening DR. +. T..
Steele had a conversation over the tele
phone with a representative Of The Re
! former. He ,aid that he did not under
stand that the matter Of recommitting pa
Iticnt. to the two insane institutions was
one in which the board Of supervisors had
Iany jurisdiction. The doctor said that as
Z a.. -
! in the hands oi the superintendcnts Of such
institutions and the high state officials.
lie laid that the board OF supervisors Of
the insane was not al all concerned A. TO
the methods OF procedure.
An interview the same evening with DIR.
Don ID, Grout, superintendent OF the state
hospital for the insane At Waterbury,
brought forth a decidedly contrary opin-
ION When he was asked il any RESPONSE
hity rested upon the supeuntendents as
TO the recommitting OF state patients, as
made necessary under the ruling OF the su
prcme court he said most emphatically.
No. not a particle OF responsibility rests
upon the superintendent Of an insane in.
.titution in this matter except TO carry
ont the orders OF the probate court in
each case He said that there was a dii.
ference. Of opinion among probate judges
a. To the legality OF committing a person
to an insane institution without a jury
tnal. and that he had been advised by two
Judges OF probate courts that jury trials |
would have 10 be- held in every case com
ing under their jurisdiction. While he |
would not permit himself TO crlticise the |
several methods adopted by probate judges |
IN re-commtting patients TO the hospital
at Waterbury. DR.. Grout said that he was
very much in doubt whether person
liberty could be restrained by Incarceration
in an insane asylum without a jury trial.
He said that in Washington, Caledonia
and Orange county cases, numbering in
ippear before the probate court in each
.ase and testify as TO the mental condi-
ion of patients.
The law prohibits a superintendent from
ssuing a certificate Of commitment to his
institution or to any insane institution in
Ms state, but does not specify that he is
disqualified TO testify in cases in which he
nay be interested. and accordingly DIR.
trout will appear at st. Johnsbury, vii. Il
and Randolph to give evidence .
II cases within those probate districts
Dr.. Grout said that Governor Prouty, /;
attorney General j G. Sargent and State :
Auditor Horace +. Graham had dis !,
ussed the methods of procedure in recon- ,
ad been made. He said that had certain
uggestions. made during the conference, i
cen adopted. IAN avalanche would have
cen precipitated" When asked in what !,
-ay the suggestions would affect the ques- :
on he said he could not say more than "
e had said. Dr. Grout said that the ma =
Drity of state patients at Waterbury ;,
ouId be recommtted during the coming !,
eek, and that the methods adopted some y
eeks ago would be followed. +
Judge Frank Z. Alfred Of the probate
,urt for the district of Orleans told The :;
eformer Tuesday evening that he be- ;, :,
eyed it illegal TO restrain a person in an Il
sane asylum without trial by jury and u u
s authority Judge George NJ. Powers :, :,
the supreme bench. Judge Alfred ~
ted the case of Beatrix Thompson, who l., !,
as found not guilty of a murderous as ~
ult in Chittenden county court by rea- " :,
n of insanity. Judge Powers refused to q
mmit the woman to an institution Tor y,
e insane as an insane person, but did r"
der her confined at Waterbury as os
isoner awaiting trial as to her sanity. Dl w
ldge Alfred was called upon last week to RI
We hearing in his court on case where nn a.,
e patient, woman, was confined IN the 81
,attleboro Retreat He directed Superin- VI VI
| {,
ce the woman in court at Newport and ~ ~
Is informed that the patients condition ~ ~
is such as to make it necessary to trans ~, ~;
rt her to Newport in a baggage car in W. ",
arge of two male attendants and wom- W, W.
nurse and that such trip would result la la
many disagreeable scenes. In view of W
, situation, as explained by DR.. Lawton, -,
dge Alfred waived the appearance of the Gu ~,
tient in his court but wrote Superin- ~ ~
ldent Lawton that in all other cases he tL, pe
,uld insist that every person committed oa vn'
m his court personally appear before po
n for trial by jury. He said that 50, a
enever it was feasible to adjourn court n;'s ne
the place where such persons were con- nv
I'd he would be willing to do So IN
'robate Judge A. F. Schwenk of Brat 70
ooro says that according to an opinion III. III
the attorney general it is optional with pti pei
ges of probate whether the patient is VI VI
ught before the court or not. This api
MON is held by the majority of the .
ges of probate in the state and it is Y
nted out that the physical condition of ma
ny of the patients is such as to make it the
reat hardship for them to be brought the
, court and in many instances the pro- prl'
ing of such patients in court would re- net
in very disagreeable scenes. OF
v.AST TRIP To WASHINGTON not