Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1911-09-01
DR.. AUSTIN WILL LIKELY
RETURN TO WAYNESBORO
Charges Against Him Are Not to
be Pressed. is the Report


be Pressed. is the Report
DISPATCHES from Roanoke indicate
that DR.. Samuel A. Austin, indicted
in that city on March 25, 1910, on
charges of murder and criminal NAL
practice and who was recently de-
clared of sound mind and released
from the Southwestern State Hospi-
tai, will very likely make his home
in Waynesboro, at which place his
family is now located.
DR.. Austin was brought from Mar
ion to Roanoke early in the week
where, in the offices of HairstOn and
Willis, bond in the sum of $4,000
was made up few days later for his
appearance at the first day of the
September term of the Corporation
Court. The bond was signed by ]. NJ.
Roberts, Frank M. Howell and Sol
Masinter.
Case May Never Be Tried.
1t is understood from reliable
source that the case of DR.. Austin
may never come to trial and that an
agreement will be reached whereby
DR.. Austin will be bailed from one
term to another. While this is like
ly to be done it is said that the in
dictment will continue in force and
that DR.. Austin will continue under
the jurisdiction of the court.
1t is understood further that un-
der the agreement to be effected DR..
Austin will not live in Roanoke. His
counsel was asked about the case
and said that DR.. Austin had plan
ned to go to Waynesboro to live, his
family now being there.
1t has been known since the time
DR.. Austin was declared sane that
the majority of the important wit
nesses were not here and that two
of them, upon which the common
wealth relied principally, viz: DR.. G..
S. Wiley and Mrs. Mamie Walker,
were absent. DR.. Wiley being in
South America and Mrs. Walkers
whereabouts being unknown.
In view of these circumstances the
commonwealth would be at great
disadvantage in making out it's case.
DIR. Austin Looking Well.
DR.. Austin, who has been at the
South Western State hospital for ov-
er year appeared to be in excellent
health. He said that he was feel
ing fine and was in better health than
in years. While he has lost cOnsid-
cradle flesh his complexion is clear
and he is in fine physical shape. He
has had much outdoor life since he
left here.
The Law Governing His Case.
DR.. Austin's commitment to the
asylum on the insanity plea was the
first in the state under the new law,
which provides that the person so
committed remains under the juris-
diction of the court and is not freed
of the charges against him. The law
provides that where there is sufficient
evidence shown by the defense the
judge may appoint board of three
physicians who shall take testimony
on the persons sanity and report.
This board reports to the court the
result of it's findings and if it rec
ommends the commitment of the
prisoner to an asylum, the court is
sues an order to place the prisoner
in one of the State institutions for
observation.
Should the prisoner be cured, or
should no signs of insanity be OBJ
served-as in the case of DR.. Aus
tin-he must stand trial. Attorneys
representing DR.. Austin at his trial
here last August, brought sufficient
evidence before the board of ply
sicians to recommend the commit
ment of the accused to the hospital
at Marion.
The report of the authorities at
the hospital showing that no symp-
toms of insanity heve been observed
in the prisoner, make it necessary for
DR.. Austin to stand trial on the
indictments charging him with mur-
der and criminal malpractice, unless
a compromise is reached.
PLANS IN FINE SHAPE