New-York tribune., 1920-11-03

102d Street, former member of the
Legislature and for many years figure
In Tammany Hail. then established his
Court Justice John " McAvoy. Yes
terday Cohen began fight in behalf
of cighty-one alleged lunatics now con-
fined on Wards Island.
Cohen's action was one of the most
spectacular performances recorded in
the history Of the New York courts
Basing his own fight on the right of an
unregistered citizen to register ana
vote, and winning the preliminary
skirmishes, Cohen proceeded to at
tempt to free cighty-one of those with
whom he had associated in Manhattan
State Hospital. He alleged that they
were sane beyond question.
81 Patients Ordered to Court
AS first step Cohen sued out 3
writ, requiring that officials of the
state hospital produce the eiphtv-onc
alleged lunatics in court, and Justice
McAvoy signed the order.
The officials at the state bocr;+o,
were notified of the courts action. An
hour later DR.. Marcus B. Hcyman su.
pcrlntendent Of the institution on-
peared with six of the inmates hefore
Justice McAvoy. He explained that he
was unable to produce the entire
elghty-one patients in court for tho
reason that many of them we're foo III.
some were dead, and there were No.
sufficient guards to undertake. the task
OF bringing those who were able to
make the journey.
what is the purpose Of trvinp to
gct clghty-one men before the court on
,nese wrlts on Election Day?" Justice
McAvoy asked Cohen.
"for two reasons" said Cohen. zone
~ that they are improperly detained
ana an, illegally committed. Another is
right of suffrage" '''0
authorities at Wards Island shomId
be given time in which to prepare thrir
case and that they should be renrc-
eented by the Attorney General. Ac-
cordlngly he set the hearing for No
vember 90.
In statement to the newspapers
Cohen said:
The men on whose behalf I have
made application are apparently as
sane as we are. Some of them have
been inmates Of the island for periods
~ e"lrty years, twenty years, seven
seen years and twelve years each.
.aany persons have been ralroaded to
state institutions and other insane
asylums who ought never to have bcrn
sent to them. Once inside, if thew
have no one to take up their cause,
they remain inside"
Cohen Tells of Own Case
In his own suit Cohen alleged that
nc vas committed to the Wards Island
institution by County Judge McKclvcy
OF Saratoga County, late in Septembcr
MS commitment, he alleged. grew ont
OF an alteration with an employee in
the Grand Union Hotel at Saratoga,
He was arrested and put in iai]. he
SAID. After, he alleged, he refused "a
sign general release freeing the
hotel management Of all blame for the
hotel employees action, he WAS com
mltted to the Manhattan State Eospital
by Judge McKelvey
During his commitment. Cohen al
legged, he made repeated ATTEMPTS to
gam his release, but was constantly
checked, he said, by hospital officials.
While Cohen obtained his freedom
his attempt to force election officials
to qualify him as q voter failed YES
terday morning when q motion for a
writ Of mandamus, made by him before
Justice Donnclly, was denied. Justice
Donnclly cited the law. which stipu-
lates that registration shall be com
pleted at least ten days before Election
Day. Cohen contcnded that he made
repeated attempts TO register while he
was held at Wards Island.