The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-04
Justus LinderhOIm Wants
Damages From Officials.
Declares He Was Kept in Asy-
Ium While Sane.
FOUND EARNING HIS WAY
Former Patient, Then ParOIed,
Brings Suit for $4,000.
Defense Peppers Record With
VOlIey of Objections.

Justus B. Linderholm's $4,000 dam
age suit against members of the state
board of control. is on trial today be-
fore a jury in Judge Whitcombs di-
vision of the district court. He charges
that members of the board were party
to conspiracy to, keep him in the To-
peka asylum and wants Pay for the 20
months he spent in the hospital.
John Hanson, the eccentric insanity
lawyer, is on the firing line for Lin
derholm. With the assistance of n
handful of witnesses, Hanson is try
ing to demonstrate to the jury that
there was plot to keep the former
Lindsborg man in the asylum. 1t Is
charged that Mcpherson county peo-
pie, assisted by members of the board
of control and officers of the Topeka
asylum, were parties to the conspiracy
and that Iinderholm in reality wa<
never insane.
The question of Linderholm's insan-
ity at the time he was committed to
the asylum, was removed from the jurv
under an order from the court. 1t was
held that the mans trial was regular
and that he was committed in the Gus
tomary manner. Only the question OF
a plot to deprive the man of his lib
erty was left for the jury to decide.
Linderholm himself will go on the wit
ness stand late this afternoon and is
mony on which the plaintiff hopes fol
a judgment.
1t was in December, 1908, when
Linderholm was first adjudged insane.
This proceeding was before a commits
sion in the Mcpherson county probate
court. An appeal was taken to the
district court and for a second time
the Lindsborg man was found to ce
of unsound mind. That was in March,
1909. On May 5, of that year, Linder-
l,x-l- L.
pitah
He Is Living Here Now.
Until December, 1910, Linderholm was
kept at the asylum. Then he escaped
Enorts to find the man failed and for
time it was not known where the man
had gone One day he was located IN
Topeka. He had secured a position and
was quietly earning his own living
Since leaving the hospital his record
had been good and parole was issued
by the board of control and the man
was never returned to the asylum.
Last winter Linderholm filed suit
against members of the board for $42 00C
damages. He charged conspiracy and
alleged that he is not and never had
been insane. 1t was also insisted that
these facts were known to members
of the board and that they maliciously
kept him in confinement. To thesS
charges, members of the board make
a general denial. They say that Lin
derholms treatment was the best, that
the board and officers of the hospital
acted in a legal and regular manner
and that there is no just cause of ac-
ton.
This action is an outrage" said
Charles Shuckers, attorney for the
board, in his statement of the case
1T was filed by an insane man and
is prosecuted by most exceedingly &C.
centric LAWYER"
lie Studied Shakespeare.
To these remarks Hanson took ex-
ception.
Receiving Clerk Sellers was the first
witness called by the plaintiff. he said
that his attention to Linderholm was
the campus, making wild gestures as
he read from a book. Later he learn
ed that the patient was committing
passages from SHAKESPEARE.
In the course of the morning pro-
ceedings Tom Doran, as attorney for
the board. peppered the records with
a steady flow of objections. He object
ed to the introduction of evidence un-
der the petition, demurred to all the
charges, contended that the bringing
Of an action in the name of L.inder-
holm's guardian, when the man is said
to be sane. could not be maintained;
and fled a score of other objections tc
all material testimony. Most of the
objections were overruled, but the de-
ternoon took fresh start 1t is pro-
quire a couple of days.