In re Baird — 8 N.Y. St. Rep. 493

Majority

p. 493

In the Matter of John Baird.

(Supreme Court, New York Special Term,

Filed June, 1887.

Headnote

1, Lunatic—Commission to try competency op an alleged lunatic— Power op court over proceedings op.

A commission appointed by the supreme court to try the question of the competency or incompetency of an alleged lunatic is subject to the direction of the court as to the manner in which they shall proceed.

2. Same—Lunatic should be given time to procure evidence.

Where it appeared that the alleged lunatic had been in confinement for upwards of three years, and that during that period he had been visited principally by those who petitioned for his confinement and physicians who were employed by them. Held, that the commission should be ordered to adjourn after the petitioners had put in their evidence to enable the alleged lunatic a reasonable time to procure evidence as to his competency to transact his own business.

The question of the incompetency of John Baird to manage himself and his affairs was referred to a commission to be tried by a jury. The order for the commission allows evidence as to his demeanor or state of mind for a time more than two years before the hearing.

Mr. Baird now presents his petition, duly verified oy himself and also by Thomas Baird his brother, from which it appears that for upwards of three years and a half he has been confined in a lunatic asylum, and has been visited and seen principally by his family, who petitioned for the

p. 494

appointment of the commission, or by the physicians of the asylum, or those employed by his family to examine him. That he was brought from the asylum to the city on the day of the first hearing before the commission and jury, and that the hearing has been almost continuous up to the day before presenting the petition, when the evidence presented by the petitioners for the commission was closed. That his counsel thereupon moved the commission for a reasonable adjournment to enable him to prepare and procure testimony as to -Mr. Baird’s condition and state of mind at the time, which motion was denied, and the commission directed the hearing to proceed the next day. The judge at chambers granted an order that proceedings before the commission be stayed, and that the petitioners show cause why the commission should not be ordered to adjourn for a reasonable time.

On the return of the order to show cause appeared,

Robert H. McClellan, for John Baird; Algernon Sullivan, for John S. Baird.

I am of the opinion that a commission appointed by this court to try the question of competency or incompetency of an alleged lunatic is subject to the direction of the court as to the manner in which they shall proceed.

In this case, it appears that the alleged lunatic has been in confinement for upwards of three years, and during that period has been visited principally by those who petitioned for his confinement, and who are now prosecuting the proceeding before the commissioners, and physicians who were employed by them. It results from this, that the alleged lunatic is deprived of the means of procuring evidence as to his condition since his commitment to the asylum. I think, therefore, that the commission should be ordered to adjourn for a reasonable time to enable Mr. Baird to procure evidence as to his present condition and competency to transact his own business.