43 Kan. 533 | Kan. | 1890
The opinion of the court was delivered by
The petitioner represents that he is illegally restrained of his liberty and unlawfully confined at the Kansas State Insane Asylum at Osawatomie by A. H. Knapp, the superintendent of the asylum; and he seeks a release by the writ of habeas corpus.
Upon an inquest, held May 21, 1885, before the probate court of Wyandotte county, William R. Latta was declared to be insane, and a fit person to be confined in the insane asylum. He was taken to the insane asylum at Topeka, where he remained until March, 1886, when he was discharged from the asylum as not restored to his right mind, and sent to California to remain with friends who resided there. He subsequently returned to Kansas, and on December 16, 1889, an application was made to the probate court for an order committing him again to the asylum, for the reason that he was still insane, and so disordered in his mind as to endanger the persons and property of those with whom he came in contact. Upon this application a writ was issued commanding the sheriff to bring Latta into the probate court, when an examination was had, which resulted in an order directing that he be sent back to the insane asylum. Immediately thereafter, an affidavit was filed by several parties before the probate court alleging that Latta had been restored to his right mind, and should not be recommitted to the asylum. The probate court thereupon determined that a hearing should be had upon the facts alleged, and directed that a jury be impaneled to inquire into the facts. On December 28,1889, a jury was impaneled, and numerous witnesses were examined in regard to the mental condition of the petitioner, and the jury found that he had
It is contended that the inquest of May 21,1885, in which the petitioner was adjudged to be insaue, was not based on a sufficient information to give the probate court jurisdiction. While the inquest was initiated in a somewhat informal and peculiar manner, we think the preliminary steps were sufficient, when taken together, to give jurisdiction. It appears that a complaint was made before a justice of the peace, charging that Latta had made a felonious assault upon one Tabler, and also stating that he was of unsound mind. Upon that a warrant of arrest was issued, reciting the allegations of the complaint, including the statement that he was of unsound mind, and commanding that he be brought before some magistrate of the county, there to be dealt with according to law; and this warrant was filed in the probate court. The following was formally entered on the records of that court:
“Now comes C. Tabler and files information from Rezin Wilcoxen, J. P., that one William R. Latta, of Wyandotte*536 county, is insane, and dangerous to be at large. It is therefore ordered by the court that inquiry thereon be had; and ordered, that said William R. Latta be brought into court, and that venire and subpena issue, returnable May 21,1885, at 2 o’clock p. m. (Signed) R. E. Cable, Probate Judge."
The following order to the sheriff was issued by the probate judge, and made a matter of record :
“Whereas, information has been filed in the probate court of Wyandotte county as aforesaid, that one William R. Latta, of and in the county of Wyandotte, is insane, and a person of unsound mind:
These, therefore, command you that you bring the said William R. Latta into the probate court aforesaid, at the courtroom in the court-house in the city of Wyandotte, on the 21st day of May, 1885, at 2 of the clock in the afternoon of that day, if he be found in a condition to bring into the court, then and there to hear and answer what may be alleged, and to abide the judgment of the court in the premises; and that you certify how you executed this writ.”
This order was signed by the probate judge and the seal of his court attached; and there is an indorsement thereon that the order was received on the 20th day of May, 1885, and served on the following day by bringing Latta into court.
The petitioner will be remanded.