Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-03-13
CASE NOT TO Be DROPPED
Given Explains Why He Is Forced
to Proceed.
CONFERENCES ARE
Brother of Woman Accused Of
Threats Meets Charles
]. Bell.

MIS- mary -. cage, who was arrested
Monday afternoon under a warrant
charging threats against Charles ]. Bell.
president of the American Security and
Trust Company, still was a patient at the
Government Hospital for the Insane at a
late hour this afternoon. No attempt had
been made to nolle pros. the case In the
Police Court. according to Ralph Given.
assistant United States attorney, ami
Judge Wilbur A. Mott. Mrs. Cages broth.
er. departed for his home I'm Newark this
morning at IL o'clock
Judge Mott left the city after having
| several interviews with his sister. and
with Mr.. Bell and A. s. Worthington.
counsel for Mr.. Bell. 1t is understood
that Judge Mott has made no decision
to have committee appointed to look
after Mrs. Cages affairs saying he
would decide that matter later.
No petition for a writ of habeas corpus
had been filed with a justice of the Su-
preme Court Of the District of Columbia
at a late hour this afternoon Mrs. Belva
A. Lockwood appeared today as coun-
sci for Mrs. Gage. She visited the Police
Court this morning. accompanied by Miss
Margaret Gage and Judge O'Reilly of
Denver, Col
Confer With Given.
They had a long talk with Mr.. Given.
and took away copies of the warrant
under which Mrs. Gage had been ar
rested and copies Of all other papers
relating to the matter. Mrs. Lockwood
would not divulge any of her plans
She said that at present everything is
up in the air." and that she was work.
ing to find out exactly the status of
the affair. and that when she had de-
termined that she would see what could
be done for Mrs Cages interests
Miss Gage had nothing to say, and
Judge O'Reilly said his interest in the
case is simply that of a friend Fol-
lowing their visit to the Police Court
the three went to the Government Hos
pital for the Insane to see Mrs Gage,
as Mrs Lockwood said she desired to
have personal interview with her.
Judge Mott declined to make state
ment concerning the case.
VIII habeas corpus proceedings be re-
sorted tor he was asked
L cannot tell anything about that mat
ter today" was his response.
Cannot Drop Case
Ralph Given, assistant United States
attorney. was asked today whether any
attempt to drop the charge against Mrs.
Gage had been made. He said:
''Of course, l cannot drop the matter,
as the action has been started by the
warrant and the arrest, and 1 will have
to go ahead and prosecute the case. At
present the assumption tnat Mrs. Gage
is of unsound mind. according to the
opinion of the three physicians who ex-
amined Mrs. Gage. will necessi.ate that
part of the affair taking precedence over
the Police Court end of 1t.
IF Mrs. Gage is allowed to leave the
hospital l will have to proceed with this
warrant"
Neither Mr.. Bell nor his counsel, A. s.
Worthington. has taken an active part
In the matter since the warrant and
arrest.
1t is regarded as probable that Mrs
Gage will have a lunacy hearing before
Justice Barnard the first Thursday i'm
April unless habeas corpus proceedings
are resorted to and she is released
bond before that time. The witnesses in
amined Mrs. Gage and other persons ac-
quainted with her, probably will be sum-
moned in the lunacy proceedings.
Law on Sanity Trials.
Under the rules of the Supreme Court
of the District of Columbia, persons al
legged to be insane are entitled to two
weeks notice of trial. There was a time
when cases could be set ahead of their
regular order, but, it is stated, the rule
was changed after complaint had been
made by a patient that he had no+ had
sufficient notice to enable him to obtain
counsel.
Provision is made for the release of
insane persons from the hospital under
certain conditions, but in the case of Mrs.
Gage such release probably cannot be
obtained, because she is charged with
breach Of the peace.
Section 1856 of the Revised Statutes.
dealing with releases, reads:
IF any person will give obnd with suf-
ficient security, to be approved by the
Supreme Court of the District of Column
bia or by any judge thereof in vacation.
payable to the United States. with condi-
ton to restrain and take care OF any in
dependent or INDECENT insane person not
charged with a breach of the peace,
whether in the hospital or not, until the
insane person is restored to sanity, such
court or Judge thereof may deliver such
person to the party giving such bond.
Should relatives of Mrs. Gage make an
effort to obtain her release on bond. IL Is
stated, objection to the release probably
will be made by the Districts legal ad-
visers AS soon as the Commissioners
petition the court for a trial Of Mrs
Gage a copy of the petition will be served
on the patient, should she be in the hos
nif Lot ~ iYna