Evening star., 1928-06-20
REMUS WINS FIGHT
TO GAIN FREEDOM
Bootleg King" Ordered Re-
leased From State Hospital
by Court Order.
By the Associated Press.

COLUMBUS. June 20.--George Re-
mus, Cincinnati bootleg king who
killed his wife, Imogene, last October.
won his fight for freedom today in the
State Supreme Court. BY a four-to-
three vote the court affirmed the de-
cision of the Court of Appeals ordering
Remus' release from the Lima State
Hospital for the Criminal Insane. TO
which he had been committed after his
acquittal on a first-degree murder
charge on the ground of insanity.
Ends Long Battle.
The Supreme Courts decision ended
Remus' long battle to gain his freedom
through action in courts of Hamilton
County and later in Allen County. The
case was brought to the Supreme CourS
on an appeal of the State. which took
exception TO the decision of the Court
oil Appeals. at Lima. that Renus was
sane and should be freed.
Remus' acquittal at Cincinnati came
after a colorful trial, in which the for
mer bootleg king acted as his own
counsel.
Remus insisted that he was 'tem-
porarily maniacally insane" at the time
he shot his wife, but that he was sane
at the time of the trial and capable OF
acting as his own counsel.
After his acquittal Remus was given
a sanity hearing and declared danger
otis." the Probate Court recommending
that he be sent to the Lima State Hos
pital for the Criminal Insane. A new
hearing was denied, application for
bond denied, and writ of habeas corpus
refused in rapid succession, forcing Re-
mus to change his battle-ground.
Shortly after the habeas corpus writ
was denied at Cincinnati Remus was
speeding toward Lima with his attor-
neys He applied for another writ OF
habeas corpus in the Court of Appeals
there, declaring he was unlawfully de-
tanned and was sane
Release Is Ordered.
The Court of Appeals. after a lengthy
hearing, declared him sane. The State
appealed to the Supreme Court. claim
to pass upon his sanity. The State held
the superintendent Of the hospital alone
was capable of deciding whether Re-
mus was sane and he should be freed
Remus applied for bond as soon as
The case reached the Supreme Court, but
II was denied.
The decision of the Supreme Court
announced today grants Remus his
freedom and instructs the SuperintCc-
dent of the hospital at Lima TO release
him Immediately.
GiSt of Decision.
Laying down the law IN such cases.
the court held, first. that any person
who has been acquitted of murder on
the ground of insanity and committed
to the Lima State Hospital for the
Criminal Insane is not deprived Of the
right TO seek his release from the hos
pital through habeaS corpus proceed
ings. Second. the statute giving the
superintendent of the Lima Hospita!
authority TO free prisoners when IN
his Judgment they are recovered does
not bar the prisoner from seeking his
release in the courts through naheas
corpus" Third. the verdict of acquittaI
on the ground of insanity is '.prinla
facie evidence of the inmates INSANITY
and the presumption of insanity con
tinueS, and in order to obtain release
from the hospital the inmate has the
burden OF removing that presumpfion
and Of establishing with reasonable Ger
tainty his sanity
Fourth. the fact that the probate
court had ordered his commitment 70
the Lima Hospital is no bar TO a sub
SeQuent application for q writ of haoeaS
corpus, where the sanity or insanity OF
the inmate at a later period may BE-
determined by the court"
Rer,,uS TaavrS uo~-:3.I