Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-09-14
Release Denied
Edith Hough
Temporarily
BY HOWARD L. DURKIN
star star Writer

/ GtNA 1baA
The United States Court of
Appeals today temporarily re-
fused to grant Edith L. Hough
a conditional release from st.
Elizabeths Hospital.
However. the court left open
the door for future action by
Miss Hough by remanding the
case to District Court for fur
Their consideration of her re-
lease plea.
The appellate court said that
In future proceedings District
Court should consider. in light
Of proposed conditions affect
ing any release, whether Miss
Hough would be a menace TO
herself or the public.
She was committed to the
hospital in June, 1857, follow
ing the fatal shooting Of zurab
Abdusheli. q Voice Of America
translator. After two months
in the hospital, she was found
incompetent to stand trial and
was committed to the hospital
until found competent.
Acquitted as Insane
Subsequently found mentally
competent for trial, she was
tried in District Court and &C.
quilted on insanity grounds.
Then, under the law. she was
sent to st. Elizabeths to stay
until found sane and no longer
. menace to herself or to 9TH
ers.
Two pleas involving Miss
Hough were disposed of in to-
days opinion.
In the second issue. the ap-
pellate court ruled that DR..
Winfred Overholser. st. Eliza
beths superintendent. was not
authorized to allow Miss Hough
to leave the hospital grounds
without q hospital attendant
unless approved by District
Court.
In this. the court upheld a
previous ruling by Federal
Judge Alexander Holtzof.
Hospital authorities had ale
lowed Miss Hough to leave the
hospital about three times a
week accompanied only by her
75-year-old mother.
Absences Called Necessary
DR.. Overholser had testified
that such periodic absences
without a guard were a neces-
sary step in rehabilitating GER
tain patients. The court de-
clared that District Court must
have a voice in such moves.
On the question of condi-
tional release, DR.. OverholSer
had certified that Miss Hough
had recovered sufficiently" to
be granted a conditional re-
lease. The plan, as recommend
ed by DR.. Overholser. would al
low Miss Hough to visit down.
town Washington. unaccompa-
MED, for job seeking. She
would be subject TO close hos
pital supervision and would
have to report back to the hos
pital for examination at des-
ignated times.
Judge Holtzof denied the
release request.
In remanding this issue to-
day for further consideration,
the appellate court declared
it was not clear whether the
Judge had distinguished be-
tween the requirements for con-
ditional release and those for
unconditional release.
The court made clear that
today 1t was laying down for
the first time an Interpretation
of the statute pertaining to
conditional release.
Simplified. this interpreta-
ton is that the conditions sur
rounding the release must be
considered in arriving at a
conclusion whether the release
would be dangerous to the pa
tent or the public.
Unconditional release is au-
thorized. under the law, is days
after certification by the hos
pital superintendent that the
patient has recovered his sanity
and that he will not in the
reasonable future" be danger
Gus to himself or others.
The court split 2 to l on
the conditional-release issue.
Judges David l.. Bazelon and
Charles Fahy voted to remand
for the further proceedings.
Dissenting was Judge Wilbur
K. Miller, who declared 1.-The
order of denial was justified
and indeed required by the evil
dence." He declared Judge
Holtzoff employed the correct
eta ndards in reaching his de.