The Watertown weekly leader. [volume] (Watertown, Jefferson County, Wis.) 1912-1917, 1915-02-23
CODY IS SANE DECLARED
JUDGE KIRKLAND, FRIDAY
Action Dismissed After Listening to the Evidence OF
But Four Witnesses---No Court or jury
Would Do Justice in Finding
Him Insane, Said Judge.

| the city of WatertOwn, an agitation
much to be regretted. [ would have
much preferred if the patient, Mr.. Cody,
had exercised his rights guaranteed to
| him by the Statute, and called for jury
trial; that of course was privilege SOLE
y vested in him. He has not asked for
| "A jury trial, therefore the matter is left
| 10 me and | must decide it in accord
ance with the testimony before me,
given here in open court, together with
che report of the examining physicians
| and all other facts known to me | will
say that have known Mr.. Cody for up
| wards of thirty years. | knew his faith
er. DR.. James Cody was man for whom
had the greatest admiration. He was
one of WatertOwn's greatest citizens.
| He was highly respected in this county
and all over the state of Wisconsin. He
was practicing physician and surgeon
of great ability and state wide Teputa-
tiOn. [ had occasion to come in contact
with DR.. Cody many times, and knew
/
his son, [ have known for upwards of
thirty years Since this agitation COM
menced | have seen him often and have
kept my eve upon him. | have always
known William Cody to be a man of Pc
culiar ideas; he is of eccentric dispOsi-
tion, bnt to say that | ever saw anything
about him that indicated insanity would
| be to say that which is untrue. L have
watched Mr.. Cody closely and carefully
aud have not seen the first thing about
him that has been different, to my view,
then when first knew him, over thirty
years ago. only that he is somewhat old
er. Only Yesterday in the city Of Water
town u stwws n 2Al closely watched
| him, unbeknGwn to him. | saw him go
ing down the street, walking as straight
as an arrow. Not the slightest look or
action to indicate insanity. [ am called
upon to decide this matter according to
the rules of law Mr.. Cody, under the
rules of law is presumed to be sane, and
that presumption follows him until such
time as it Is proven to the court beyond
a reasonable doubt that he is insane.
The examining physicians have declared
him sane. That being the case, this
court cannot say that he is insane be-
y0nd reasonable doubt, the presump
tion of law being that he is sane. 1t is
true that DR.. Hartwig has testified to
| r IL
simply based on hearsay, and not upon
his own knowledge. The persons threat
ened were not produced and sworn in
court, although opportunity offered.
We're he to be declared by the judgment
of this court insane | would be doing a
wrong, not only to Mr.. Cody, but to the
entire community. | cannot deprive the
gentleman OF his liberty upon the testi-
mony introduced. No court or jury
would be justified in finding Mr.. Cody
insane upon the testimony offered.
There is not one scintilla of evidence
that would justify it. The report of the
examining physicians declares him to
be sane man. The report of one of the
examining physicians heretofore ap-
pointed also declared him sane, the 9TH
er one of the examining physicians has
so far failed to file a report. The finding
of the Court is that William G. Cody is
, sane and entitled to have the applica-
ton to inquire into his mental capacity
: dismissed and for his discharge from
stody. The judgment of the Court is
: that William g. Cody is sane. The ap-
plication for judicial inquiry into his
t mental capacity is dismissed and the
: patient is discharged from custody"
1 There were quite number OF clti
zens from Watertown present at the
: hearing who we're interested in the pro
E ceedings and the talk by Judge Kirk
land.