Evening star., 1955-10-31
Release Denied
Mrs. Haynes in
Test Of New Law
Lawyers Immediately
Appeal Decision on
insanity Commitment
BY RICHARD RODGERS

by kkChAtAU NOUlEMS
Mrs. Katharine A. Haynes lost
the first round today In attack
ing the constitutionality Of the
Districts new insanity detention
law. She remained in custody
Of st. Elizabeths Hospital, but
was permitted to stay In the
court house with her attending
nurses. while her lawyers car
ried the case Immediately to the
Court Of Appeals fora hearing
today.
Chief Judge Bolitha ]. Laws
continued Q portion of her
habeas corpus writ TO November
AZ. It provides for q hearing
on her present sanity.
But he discharged the rest OF
the writ which held she Is being
kept in custody illegally.
Her lawyers. Harry Ahern and
Hugh I. MCGEE, said they ex-
pected the appellate court to
hear their arguments for setting
Of bond this afternoon. The 9TH
er appealed points could possibly
be heard as well today but prob
ably won't. they said.
New Law Attacked
The lawyers contend the new
law is unconstitutional in that 1t
deprived her murder trial Judge
of discretion in releasing her.
She obtained the writ Friday
after q jury acquitted her Of
murder in the killing of her
husbands mistress.
Where defendants are acquit-
ted. as she was. by reason Of in
sanity, the law requires the trial
judges to remand them ilame-
diately to mental institutions.
They must remain there until
the hospital stats say they are
sane.
That law became effective
August 8. Mrs. Haynes killed
her husbands mistress July 10.
Mr.. McGee hammered hard on
the claim the law was uncon-
stitutipnaI III her case In that
it constitutes an ex-post-facto
deprivation Of the judges dis
eretion. Later the attorneys
said they win attack the law as
unconstitutional In all cases.
Although Judge Matthew r..
McGuire might have let het 60
home q he had any say lii the
matter. the new Law forced him
to send her to. d hospital. the
lawyers assert.
Assurance Sought
John Conliff, second assistant
United States attorney. defended
the Governments side. He
maintained she is being held
legally. .sThe Government is
not trying to penalize this de-
fendant," he said. The COM
munity at large. for its own
protection, must have assurance
she is sane before releasing her,
he said. The Government needs
"a reasonable period Of time" TO
determine her sanity. he, said.
Hospital officials told him they
need q minimum Of 80 days to
study such cases and prefer 50
days, he said.
Mr.. McCee said her hospital
stay is to her disadvantage. He
said Mrs. Haynes lives in dread
in a ward filled with criminaily
insane persons. When 1t became
obvious Judge Laws was throw
ing out the writ ON the constitu-
tionality phase. MIR. MCGEE and
Mr.. Ahern pleaded for bond te
be set. They said she proved
during her trial when she was
at liberty on bond all the while
that she was not a danger to
herself or to society.
Judge Laws said he could not
let her go on bond until he has
assurance by mental experts
that she is safe from another
mental upheaval as the one
leading to the killing.
May Consider Bond
The court added that If he ID
assured ''in five or six days
that her sanity can be deter
mined earlier than November 90
he will entertain thoughts OF
bond and an earlier sanity hear
ing.
THE Government ought to
have the opportunity to find out
See HAYNES, Page A-l
RhaA lnnnv~ A:~l~@