The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-03-30
DROP 4 STITCH WTRDERCASE.
Man Released From Asylum fsF Trial
after Indictment Was Dismissed.

The District Attorneys Office learned
yesterday that James Courtney. charged
with tn, murder OF Mrs. Clara EnRlehardt
% lS1. VINO they thought was IN Mattea-
wan as inCurably lnsa ne. really was ia
TN" Tcut- prison. and the queer part
% uu' Dr. was that the indictment against
the man nad teen dismissed because ne
vas insane Mrs Englehardt was killed
at = D-lanc"y street on the night of Oc-
toier :. 1897. and Courtney. also known
o., laadr.llc Jimmy, a yeggman. who Was
telIsy.. iu have shot the woman. He'd.
He was next heard Of IN California, where
90 wear laj.r b." and two other men were
arrested On the charge 81 numbering two
ponccmeu courtney turned Statss evi-
demo" and got a term Of five years "a SIn
Quentin Al the expiration IT his sen
tenCs Courtney was brought hack 70 tins
state to stand trial for the woman's muir
der He was arraigned before Justine
Kellogg ~ the Suprssne Court on No
v,nt"r :. 1891. and upon q report by
" AUSTIN Flint and DR. Mnbon that
Gourtaey WlS IuCurtbly insane hs WAS
sent 20 Ma "dwan.
lie wa represented hv Maurice Blu
mcnthlI and James " Hvds. who serv Ell
without ie~
The District Attorneys Office heard
nothing morn 81 the matter unit last
month. Wnsn MIR Hyde informed. Assistant
District Attorney Soft that hs had hesn
"a correspondence with DR. X r. Lamb
AZ MJtt"tWan and that DT Lamb had
written that Courtney condition had
not improved MIR Mott theu Wror. to
Br l.amh. vino replied that he relieved
Journeys condition IT insanity was
permanent.
pom that representation on March :
last Mr. Mott went before Judge Foster
and had the indictment for murder dis
missed When Mr. Mott got "a hrs once
yesterday he was informed that Courtney
was ~ the Iomh- awaiting trial on the IN
diCtmen'. II appeared that Courtney
had been committed Ia the Iombs upon
an order II just 90 A. \. Tompkns. b~tore
whom Courtney had appeared On "A writ
ct hais'ar corpus IA Nyack on March ~. Oh
taIns-l pu hl- personal application by mail
Justice lompkIns wrote that % appeared
to his satisfaction that Courtney had re-
covered ME sanity and should stand trial
on the indictment he supposed was pend
ing Now IN" Distinct Attorneys offiCc Is
bHsy trying O." find he witnesses who
appeared hefors IN" Grand Jury IN 1871
M Whitman wrot" Ia Justice IompNius
IaSt night asking for some particulars.
a. Wa l'arr'-d at Mattsawan that IN
Thursday last ~" authorities reviewed
through IN" mails a mt ~ hab.as corpus
signed 10y Judg" TompkIns. ordering
that Courtney D." produced before him
On Saturday The writ apparently had
h-en granted uu Courtney personal
appilCatlnu. ih- prisoner ~a- tsA.u u.'-
tore Judg" lompHIns. who ConduCtcd
tho "NaHIuaunu nIm-"lf. No attorney
appeared Tor Courtney and NJ 'Ng|rt.
Wsr' hSaTd DR.. X. , hI.b Il she A!attHl
van asylum stan opposed tl4- removal
- tourtn"y irum tHs hospital oB ~.
ground thar h.' wis not q sale. Isrson Ia
D- AZ larg" Judge Iompkins d-CId-d
that tn" prisoner wsir IN a ne condition to
stand tTiai and ordered that hc H.. turned
over To- the New luTk authorities. eyI-
IDENTIFY -uppp-ing that the ten year old
indIcI m"bi ztIIi stOod. No notice at the
dismissal = the indictment had been re-
c.IVo,i Al Mltteawan.