The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1912-01-24
LAWYERS
in COURT FIGHT TO
] PREVENT TRANSFER
Former Banker, With Falter-
ing Step, Appears Before
Judge Today.

Declaring It would be q menace to
his mental and physical condition, and
that such action would be contrary to
law, attorneys for c. Jones Rixey, in
dicted more than one year ago for ir-
regularities in connection with the fall
ure of the Virginia Safe Deposit and
Trust Corporation, and who has never
been tried, today made vigorous fight
against his transfer from the Western
State Hospital for the Insane to the
Asylum for the Criminal Insane at
StAunton. Va.
Mr.. Rixey, with hanging head and
faltering step, entered the court room
leaning on the arm of his son, c. ].
Rixey, jr. 1t was the only time Mr..
Rixey appeared in court save on Sep
TENDER II, when his attorneys succeed
ed in having him sent to, the State Hos
Proceedings to have him sent to the
Marion Asylum were Instituted by COM
monwealth Attorney Samuel @. Brent.
Throughout the hearing this morning.
were freely discussed, Mr.. Rlxey sat
with his eyes on the floor, almost inn
movable and apparently taking no in
terest In the proceeding.
On one side of him sat his son, and
on the other side sat p. NJ. Rixey, for
mer surgeon general Of the navy, who
10 brother of the former banker.
Trial Would Be Strain.
The first questions asked DR.. Jarnette
were regarding Mr.. Rixey's fitness to
stand trial
II do not believe MIR. Rixey Is men,
tally able to stand the stress OF q trial
at this time. He Is rapidly gaining
strength, but has not vet reached a
point where he would be able to un-
dergo such a strain without serious i'm
pairment to his mind, and, of course,
his physical health.
"Mr. Rixey Is vastly improved over
his condition when the firrt came in
the hospital last October. At that time
chclia, and his physical condition was
bad as result OF that and from the
stroke of apoplexy, which resulted in
the paralysis of his left thigh. He has
COINED seventeen pounds in weight since
then, and he Is now able to walk. The
effects Of the paralysis are still evident
In tile dragging Of his left foot, but
there is hope that that conditions can
His mental condition has decidedly
are growing less frequent, and at
reasoning and memory are intact.
though his general mental and phys
dergo any prolonged EFFORT. Mr.. Rixey
Is much more depressed than usual
today, of course, and his presence here
at this hearing is a severe test"
When asked by Judge Barley about
allowed the freedom Of the town OF
Staunton, Va. where the Western
State Asylum Is located. and that prac-
tically no restraint had been placed on
his movement, DR.. Jarnette said that
the former hanlxar had heen treated no
Inherently than other patients at the
institution t" ik.I ~
"Not a Prison"
''The hospital is not a prison. 1t Is a
place for treatment: as its title indi-
Gates, and in all cases where 1t would
retard the progress Of the patient he
Is given as much liberty as Is COM
mensurate with his case"
Commonwealth Attorney Brent then
began questioning the superintendent
about the relative facilities at the
ASYLUM for the Criminal Insane:
I'm your opinion would Mr.. Rixey be
given proper treatment at Marion?'
"Yes. they might give him even better
treatment than We do" DR.. Jarnette
THAT remark is perhaps engendered
by a sense of modesty," INTERCEPTED Mr.
Jeffries, chief counsel for Mr.. Rixey.,
IN answer 10 request Tor MS Judg-
ment as to whether 1t would be for the
best interests of Mr.. Rixey's mental
and physical condition to remove him
to Marion at this time, DR.. Jarnette
said:
mo, I think decidedly not. I mean
that as no reflection on the facilities at
Marion. but in the treatment of such a
case SO many things are to be taken
into consideration that since he Is get.
ting along SO well, I would not think
II wise to remove him. Our treatment
has shown such good results and he
has now made acquaintances at ouI
hospital So. that I do not think his
transfer and the necessity of adjusting
himself to new conditions could do any
thing but work to his HARM
DR.. Jarnette was the only witness
heard. Walter s. Foster opened the
argument for the Commonwealth. He
declared the hearing was IN no way
meant as an attempt to deprive Mr..