Year: 1872

A MIJRDERER'S PLEA OYERRULED.


IURNs REMANDED TO THE LUNAIlo AsfLom'


The case of James Burns, the murderer,
which as announced in yesterdays TRIBUNE, was Oeioe
Judge Leonard writ Of habeas corpus ior reieSo
from the Utica Lunatio Asylum whittier ne was sent I'M
medIately after his acquittal the ground OF INSANITY


was decided yesterday by Judge Leonard who held that
he eoud not he discharged the writ Judge Leonaru
says:


The prisoner was acquitted OF murder in the first de.


gree on an Indictment and trial therefor In the Court OF
General Sessions In July last the ground OF insanity
TO have been the verdict Of the jury That
court thereupon ordered the prisoner to De detained
safe custody and sent the State Lunatio Asylum at
ITtca and it was further directed that the prisoner
should be there detained In safe CUSTODY n dsCharseu
according TO law. alleged that he has now become
sane and the prisoner applies for his discharge from
custody upon writ Of habeas corpus The question OF
b sanity il not raised either in behalf Of the people or
the superintendent Of the Asylum, the Judgment ana
process order Of the Court being the only GROUND on
which the right OF detention Is claimed The question
ia new and must be disposed OF principally by refer
ence TO the statutes. The Asylum was organized, ana
the authority to receive aud detan criminals was gwen,
y an act OF the Legislature passed IN 1872 IL s pro
yided (section 81 that when person Is acqultted OF
criminal charge upon trial. on the ground OF insanity,
The Court shall ascertain If his insanity continue In any
degree and if it does shall order him 10 be sent 70 the
Asylum Section 80 contains provisions for sending 70
ho svium other persons under Indictment sentence
On criminal CHARGE &c. or committed for want OF pail
&C. or i0r sohVcton &c. fks section also con-
tans provisions for the discharge OF persons imprisoned
under this section BY section 40 the powers OF tne
Cbanceor over the person and property OF the insane


are declared not to have been abridged by the said act


v section Al the power Of the Managers OF the Asylum
10 discharge patients the certificate OF the Supern.
tendent OF complete recovery Is gyen but the case or
those detained under a criminal charge, or liable 10
he remanded TO prison, Is expressly excepted.
The discharge OF patients OF the criminal class to whlcn
Burns beongs by section A. authorized by order OF
itce of the Supreme Court, II npon due Investigation
shall appear safe legal and right to make such order


he office OF the writ habeas corpus is for the purpose


nnuirng into the cause OF the detention OF any per
SON and it appears to be Illegal, OF granting dls-
charge Ordinarily the regularity OF the process OF COM
mtnent terminates all further inquiry and the prisoner
ia 10 he remanded into custody The Court cannot on
habeas corpus inquire into the justice OF the sentence OF
Judgment That has been pronounced Dy anOtner
tribnnal which can be reviewed only In some other
manner by higher court, but not upon habeas corpus


IL Is entirely clear that the Judgment and process IN
the case Burns regular and suclent Inc genera
habeas corpus provides that prisoner confined on


Judgment or sentence Of court of competent Jur1solc
zion IS not entitled that writ The prisoner must show
nrelmnarily that he Is not confined when ne apples
Tor the writ From this examination think appears
that Burns was entitled 10 the writ and that when
was NOT confined upon the judgment OF a competent
court the petitioner at least was mistaken III Is proV-
able that equitable powers OF the supreme court
where the Jurisdiction belonging TO the Chancellor at the
time the statute question passed. In 1872 now re-


aides and vested might In proper case, DO invoked oy
petiton These powers expressly reserved Dy sec.
ton 40 The power may also be exercised by Justice OF
the supreme Court under section A. This should DO done


so upOn petition and not by the writ OF habeas corpus
The r,ularity OF the Judgment and commitment fully
answer the claim 10 discharge under the power granted
by virtue that process The writ must be discharged
and the prisoner remanded TO the asy whence he mas
been brought here.