DUKE UNIVERSITY LAW LIBRARY Entered according to Act of Congress, in the year 1889, by SPIER WHITAKER, Esq., In the office of the librarian of Congress, at Washington. Digitized by the Internet Archive in 2019 with funding from Duke University Libraries. https://archive.org/details/argumentofspierw1889whit ARGUMENT i SPIER WHITAKER, ESO / Of Counsel for Prosecution , IN THE TRIAL OF Dr. EUGENE GRISSOM, Supt. of the N. C. Insane Asylum , JULY 17th, 1889. RALEIGH : E. M. UZZEEE, STEAM PRINTER AND BINDER. 1889. 7 //. 3 l ARGUMENT. Mr. President and Gentlemen of the Board: William P. Letchworth, President of the New York Board of Charities, in an interesting volume, entitled the “Insane in Foreign Countries,” says: “ The discardal of old and cruel forms of restraint has been shown to be conducive to the recovery of the curable and to the comfort and happiness of the incurable insane. Freed from his bonds, with opportunities for recre¬ ation and employment, the patient who, in former times, would have been a constant source of anxiety to those having him in charge, is now tractable md even serviceable in lessening the pecuniary burden consequent upon his ;are. To maintain the system which produces this result, however, is a ivork that taxes all the ingenuity and resources of an intelligent and expe¬ rienced medical staff, supported by well trained attendants. They must be ;ver vigilant to win the patient gradually to ways of gentleness if he be vio- ent, and to arouse his energies and sympathies if he be melancholic. “The appliances for mechanical restraint were not found in foreign isyiums to the extent expected. The crib was nowhere seen and my inquiry or it in some instances was met by a look of surprise. Restraining chairs rere sometimes observed, but muffs and gloves were only occasionally seen n use, and it was said that when they were put on it was usually for sur- ical reasons. Padded rooms for the seclusion of maniacal patients were ound in many of the British institutions. The number of such rooms, always 3W, varies. In some parts they are losing favor. It was generally asserted hat chemical had not taken the place of mechanical restraint. “From my observations in asylums in Great Britain and in this country should say that, on the whole, there was less restraint there than here, otwithstanding the fact that in many asylums in the United States it may e said to be virtually discarded. There can be no question that the theory of on-restraint, once so thoroughly resisted, is now coming to be universally xepted, and the extent to which it has been adopted in recent years in our sylums leads to the belief that the time is not far distant when what is com- lonly understood as non-restraint and the open-door system will be put in ractice to a greater extent in this country than it now is in Great Britain or 1 the Continent. “ In many of the British asylums it is the rule that, in case it becomes icessary to use personal force to remove a patient, a sufficient number of tendants shall be called in to accomplish the object without having a doubt- P82630 4 ful struggle. The fact thus made apparent that opposition would he useless frequently causes the patient to make no resistance whatever, and the de¬ sired change is effected without disturbance. An acute case, when violent and excited, is placed in exclusive charge of two experienced attendants, who give the patient several hours’ daily exercise in the open air and watch him carefully in the wards until his excitement subsides and one person can assume the care of him. Finally the other special attendant is relieved and the case receives ordinary attention.” The same author, in speaking of the necessity for intelligent and faithful attendants, says : “ An attendant who does not look upon a person mentally diseased with the same sympathy as he looks upon one bodily sick has a wrong conception of his relations to the patient, and is likely to be cruel when meaning only to be just. It should never be overlooked by those in charge of the insane that they are not responsible for their acts, and may be entirely unconscious of what they are doing. Failing to realize this, abusive language and personal indignities, directed to the attendant, awaken his resentment and a desire to discipline the patient. Hatred is thus inspired, and a permanent barrier is created between them. If the attendant would keep in mind the golden rule— ‘ Do unto others as ye would that they should do unto you’—and imagine himself in the patient’s place, and how he would like to be treated if similarly situated, much cruelty ' would be avoided and more of the insane would recover. The law of kind¬ ness is universal and is as applicable in the treatment of the insane as in the treat¬ ment of any other of the helpless classes, and should be the guiding principle in their care. Though its influence may not be immediately perceptible, its subtle power gradually wins its way, producing quietness where there was violence and disturbance, and developing self-control in both attendant and patient. “ As great suffering may. result to the insane from neglect as from inten tional cruelty or systematic severity. It is much easier to seclude or confim a man when restless or violent than it is to make some effort to employ hin or divert his thoughts from real or imaginary troubles. Separated from th ^ world as he is, it rests with the attendant 16 soothe and comfort, or through indifir ence, incompetency, or acts of petty tyranny, to exasperate and make the daily life c I a patient unendurable, thus deepening the dark shadows that have gathered around hi j clouded reason." Mr. Clark Bell, President of the Medico-Legal Society o '■ New York, in an article published in the “Medico-Legal Jour . nal” of March, 1887, quotes Dr. Win. A. Hammond as sayiu that the crib is barbarous and inhuman, and the bed-strap as baal or almost as bad, as the crib, with this difference—that a patier I 5 may be strapped in a sitting posture, while in a crib, no matter how much blood there is in a patient’s head, he is obliged to lie down. And Dr. W. J. Morton is of the same opinion. And the English Lunacy Commission, Lord Ashley, Chairman, says: “ Whatever may be the means or forms of control exercised over the per¬ sons of the patients, or whatever the degrees in which the application of this control may be varied in different asylums, we have the gratification of report¬ ing that in every public and private asylum in the kingdom, which is well managed, bodily restraint is not permitted, except in extreme cases and under the express sanction of a competent superintendent. The unanimous opinion of the medical officers and superintendents of these public and private asy¬ lums is that the diminution of restraint in the treatment of lunatics has not only lessened the sufferings, but has improved the general health and condi¬ tion, as well as promoted the comfort of the insane. * * * “The medical officers and superintendents who adhere to the system of ab¬ solute non-coercion, never using mechanical restraint, even in case of extreme violence, argue: “1. That their practice is most humane and most beneficial to the patient, soothing instead of coercing him during irritation, and encouraging him when tranquil to exert his faculties in order to acquire complete self-control; “2. That a recovery thus' obtained is likely to be more permanent than a •eeovery obtained by other means; and that in case of a tendency to relapse ,he patient will, of his own accord, be more likely to endeavor to resist any •eturn of his malady; “3. That mechanical restraint has a bad moral effect; that it degrades the tatient in his own opinion; that it prevents any exertion on his part; and hus impedes his recovery; “4. That experience has demonstrated the advantage of entirely abolishing ■estraint, inasmuch as the condition of some asylums where it had been pre¬ viously practiced in a moderate and very restricted degree has been greatly mproved, with respect to the tranquillity and the appearance of cheerfulness ,mong the patients in general, after all mechanical coercion has been discon¬ tinued ; “5. That mechanical restraint, if used at all, is liable to great abuse from eepers and nurses, who will often resort to it for the sake of avoiding trouble 5 themselves; and who, even when well disposed towards the patient, are not ompetent to judge of the extent to which it ought to be applied; “6. That the patient may be controlled as effectually without mechanical sstraint as with it; and that the only requisites for enabling superintendents f asylums to dispense with the use of mechanical restraint are a greater num- er of attendants and a better system of classification amongst the patients; lad that the additional expense thereby incurred ought not to form a consid- •ation where the comfort of the patients is concerned.” 6 Dr. Blumer, Superintendent State Asylum at Utica, is of the same opinion. “The idea of a corporal punishment of the insane is an outrage upon our civil¬ ization. An attendant or superintendent who under any circumstances strikes an insane patient should he at once discharged and then punished,” says Mr. Clark Bell. Mr. Bell further says: “As to the care and treatment of the insane, the advance has been steady, pronounced and healthful. We observe as to mechanical restraint in asylums the superintendents, one after another, are discarding cribs, muffs, camisoles and the various implements so much in vogue in the quite recent past. No superintendent within our knowledge has made the trial seriously and in good earnest who has not succeeded. None who have succeeded have returned and gone back to their use. The success of those who have, year after year, in the larger institutions, gone on without resorting to it kindles a flame whose bril¬ liant and beautiful light shines into every asylum in the land. It is a light ol beneficence, of kindliness, of gentleness, of love and blesses alike those who wait upon and keep its lustre undimmed and visible, and the darkened minds on whom it shines. It glorifies the giver and the receiver. Long before the end of the nineteenth century all there will be left of mechanical restraint in America will be its terrible traditions, and we will read of the chains and other instruments used in American institutions as we now do in the parlia¬ mentary reports of Great Britain and of their counterpart there in the first half of the present century.” Dr. Wm. A. Hammond, in speaking of asylums, says: “As a rule, I believe these institutions are well conducted, and that then is a growing tendency in some of them to do away, as far as is at present deemed expedient, with certain forms of mechanical restraint which are con¬ trary to the principles of sound psychological medicine. That some super¬ intendents conduct their institutions upon a better system than others is of course to be expected, and that success is, to a great extent, due to the char acter of this system is very evident.” Here follow some criticisms upon the management of the Ral¬ eigh Asylum in particular, but owing to the unfriendly relation' then existing between Dr. Hammond and Dr. Grissom I wil omit what he has to say with regard to him. In a lecture delivered by Dr. Hammond before the Connec¬ ticut Medical Society, May 29, 1879, on the “Construction 7 Organization and Equipment of Hospitals for the Insane,” in speaking of the crib, he says : “Into this receptacle, the maniac, whose cerebral blood-vessels are gorged with blood, and whose whole aspect is that of a person suffering from cerebral hypnemia or congestion, is put, stretched out at full length with less than a foot of space between his body and the top, and of course unable to sit up or to assume any other position than the recumbent. Is it a matter for surprise that patients have died suddenly ivhile subject to such restraint? Why, it is only a lit¬ tle better than.hanging them up by the heels.” The Superintendent of Poughkeepsie Asylum, Dr. Cleveland, dispensed with cribs in 1877; also Dr. Chapin, Superintendent of Willard Asylum, New York. Dr. Morse, Superintendent of Dayton, Ohio, Asylum, is op¬ posed to mechanical restraint. “Neurological Contributions,” ;page 101, Dr. Blunter, Superintendent of State Lunatic Asylum at Utica, New York, says: “Under the old system of care, with mechanical restraint and the imposi¬ tion of needless restrictions upon individual liberty, the attendant was often- imes little more than a turnkey, and took little pains to individualize his patients. An especially troublesome man was restrained on the earnest re- juest of the attendant, who, in this respect, soon acquired all the arts of a special pleader, and there was an end, for the time being, to his anxiety and mnoyance from that source. What was the effect upon the patient? Ifi- ■reased maniacal disturbance, due to the attempted mechanical suppression of . symptom of his disease, increased loss of self-control and self-respect, and a etarded recovery. How did it affect the attendant? It placed a power in iis hands which he was bound, sooner or later, to abuse. It tended to make him arsh instead of humane. It made him reckless instead of watchful. It made im careless in providing occupation for his charge. It prevented the substi- ltion of his intelligence and mother-wit for mechanical means of control. In ne, the old system stood in the way of individualizing treatment and tended ) stigmatize the patient’s disease.. Since the beginning of the current year 1887) it has been found not only practicable, but decidedly advantageous, to ispense with all forms of mechanical restraint, such as muffs, camisoles, ristlets, belts, etc. The transition was not a violent one, for there had been t years an appreciable diminution in theiamount used in this hospital. We * iad yielded with others to the convictions of personal experience and the in- lence of example elsewhere. The conception of what constituted the mini¬ um amount of restraint had become less and less elastic, and we had tacitly, 8 if not unconsciously, fallen into line with other advanced hospitals of this|char- acter. The effect on the whole morale of the hospital must be apparent. "To the most conservative observer the patients are quieter and more con¬ tented; the nurses are gentler and more intelligent, and the entire atmosphere of the wards is more wholesome.” Manager’s report State Lunatic Asylum at Utica, N. Y., p. 45. The Committee on Lunacy, of Board of Public Charities State of Pennsylvania, November 10, 1885, says: “ Mechanical restraints have been abundantly proven to be worse thai useless, having been abolished altogether in some hos|jitals, with the happies results. They are usually irritating and degrading to the insane and complicaui the treatment." This committee, in their report in 1886, says, at page 11a; “Very little mechanical restraint is used in the hospitals; occasionally becomes necessary for surgical reasons to keep bandages and dressings on th patients, in other cases to prevent injury to the patients themselves, or to othe patients.” And in their report for 1888 they say : '“It can hardly be said that mechanical restraint is now used in any pr vate or State hospital of this Commonwealth ; occasionally, for surgical reason it may become necessary, or for the prevention of injury to the patients then selves, or to other patients; it never is otherwise used.” In the report of Superintendent of Wisconsin State Hospit; for Insane, September 30, 1886, he says: “ One of th^ most important steps ever taken in the management of th institution was the total abolishment of all mechanical restraint. On 1st Augu last I abolished all mechanical restraint, removing from the wards evei crib, muff, belt, camisole, anklet and otljer form of restraining apparatv The result has exceeded my anticipations, and not one case of restraint h Occurred since this system was adopted.” The Superintendent of the Danver Lunatic Hospital (Mass.’ September 30, 1887, at page 16 of his report, says: “Relating to the employment of restraint and seclusion, I can only say th patients have been thus treated only when their own and the welfare of oth< seem to demand it. Several highly dangerous epileptics have contrftmt ' 9 rgely to the list of persons secluded, it being deemed better for such patients i be alone during their excitement than upon the ward with others. A con- derable proportion of the restraint was for surgical reasons, or for the pro- ction of a few feeble, general paralytics, and was in nearly every instance ily sufficient to control the use of the hands.” The Superintendent of the State of Mississippi Lunatic Asy- ira, in his report, December 1, 1887, page 6, says: • “But a few years ago the large majority of the superintendents of American ylums were loath to believe that an insane household could be controlled thout a thorough equipment for restraint, believing, unless supplied with is mechanical outfit, that great means of control and cure had been denied era ; but how wonderful the change in the past decade, and now in almost all dl-governed asylums scarcely a monument remains of what was formerly ■ nsidered a sine qua non for the successful management of an insane institu- The Superintendent of the Iowa Hospital for the Insane in Is report, July 1, 1885, says: “ We use only what restraint may seem best for the well-being and safety < the individual or his associates, always bearing in mind that it is a surgi- ( appliance, only to be used by the advice of a physician as such a measure, id never as a 'punishment. ” The Medical Visitors’ Report of the Retreat for the Insane £ Hartford, Conn., April 1887, has this language: « ‘They have often noted the absence of mechanical restraints and the sub- s.ution of personal watchfulness on the part of the attendants as one of the rst praiseworthy advances of the day in the treatment of the insane.” I The Superintendent of the Northern Michigan Asylum for t: Insane in his report, October 21, 1886, says, at page 34: No restraints, seclusion or anodynes are used. It can be truly said that, o household is remarkably free from excitement and irritability. The at- tidants have experienced but little difficulty in making the most excitable a nervous patients comfortable. The success of the more recent methods of C :ng for the insane principally lies in the absence of all harsh authority. A authoritative manner towards an irritable insane person, or one who suffers d isions of suspicion, in no way tends to the development of his powers of st control. The substitution of tact for force of any kind, in the treatment oi he insane, will ever lead to the greatest attainable results.” 10 The Superintendent of the Willard Asylum for the Insan New York, where there were 1,800 patients, in his report f the year 1886, at page 16, says: “There were four individual patients who wore mechanical restraint at soi time during the year. Two were surgical cases, and restraint was applied . prevent the removal of dressings; one was a powerful woman, who habitua assaulted her associates during periods of excitement, and was occasiona kept to her seat by a belt. The remaining case, a man who had persist*, suicidal tendencies and manged to mutilate himself in ingenious ways, was strained by a camisole. Two women wore cloth mittens for a short time account of active propensities to destroy clothing.” The Michigan Asylum for Insane in 1886 had almost co: pletely abandoned the use of mechanical restraint. The Sup* intendent says that acts of violence are far less frequent thj formerly—the patients are more quiet, orderly and clean. Superintendent’s report, page 80. The Superintendent of the Indiana Hospital for the Insaj in his report to the Governor of the State, says at page 7 : “It is a pleasing fact to know that the per cent, of cures among the patul has increased, and the death rate correspondingly decreased. More perl have been cured during the year and fewer have died compared with I number of patients under treatment than during any year in the history! the Hospilhl. This is largely due to the varied amusements that are in (J stant use in the institution, together with the non-restraint system that |i vails. The minds of the patients are constantly engaged in something plea.‘| and tl^ey have no fears of being abused by the use of cruel restraints.” In the Athens (Ohio) Asylum for the Insane, as appears! Superintendent’s report for 1886, there was no mechanical J straint during the year. No mechanical restraint is used in 1 Maryland Hospital for Insane, the Pennsylvania Hospital! Insane, the Columbus, Ohio, Asylum for Insane, the West! North Carolina Insane Asylum, or the State Asylum for InsJ Criminals, at Auburn, N. Y. Hear what the Superintend! of the Alabama Insane Hospital has to sav on this subject his report-, 30th September, 1886: 11 “It is very generally known that the system of mechanical restraint has for ve years past been entirely discarded in this institution. And it gives me ■eat pleasure at the end of another biennial period to re-affirm in the most nphatic manner all that I have previously claimed in behalf of the new de- irture. With the exception of the occasional confinement to his room of a aniacal or excited patient there has positively been no restraint of any kind jposed upon our patients. No advance that has been made in the treatment the insane within the past fifty years has, in my judgment, accomplished ■tter and more far-reachirtg results than the abolition of mechanical and her unnecessary restraint. It has been argued by some who are not pre- ired to proceed to the extremes that we advocate that in the absence of all echanical restraints it becomes necessary in the treatment of the destructive, olent and suicidal insane to resort either to the administration of danger- is narcotics or to’close and prolonged confinement. Our five years’ experi- ice has not borne out the truth of this statement, as I am prepared to prove, nt of a daily average of 722 patients during the past year the total number eluded were only 37, of whom 18 were men and 19 were women. The total imber of hours were for the men, 204, for the women, 326. There are weeks ;d even months at a time when no patient has been secluded or placed in sitary confinement, a result which was never obtained under the old coercive sitem. In the matter of medical or chemical restraint, as it is called, it is a f t that less narcotic medicines are given now than at any previous period in t: history of the Hospital. I do not misstate the case when I say that our cisumption of hyoscyamin, a very common as well as safe and effectual hyp- r ic and quieting drug, does not exceed half a dozen grains during the whole pi ‘The great changes which have taken place in the characteristics of the Hos- pil—in the quietness that pervades the wards, the tranquillity and content- rnit of the patients, and the confidence and good-will with which they regard tlir officers and nurses, are very striking when compared with the noise, rdessness, ill-will and suspicion that prevailed under the old system of riraints. That this manifest improvement is largely, if not entirely, due to tl substitution of the more natural and rational methods of discipline for the tc often arbitrary and cruel use of mechanical apparatus there is hardly room fc a reasonable doubt. It is gratifying to record that restraint of all kinds hi been greatly reduced in all of our best managed hospitals for the insane, and tl in its most objectionable forms it is now seldom, or never, resorted to by tin except in those extreme cases where the life or safety of the patient or Mirs is supposed to be in jeopardy. I am glad to say that we have never im with such extreme cases in our past five years’ experience, although we fluently encountered them before, and we have pretty much reached the eclusion that the remedy itself does more to produce than to prevent them.” The English statute on this subject, enacted by Parliament in 1 ■ >3, makes it a misdemeanor for any superintendent, officer, 12 nurse, attendant, servant, or other person employed in any as lum for the insaue, to strike, wound, ill-treat, or wilfully n( lect any lunatic confined therein. I hope the time will come when the people of North Caroli will show their humanity by passing similar laws. Here in this grand old institution—the pride and boast every true-hearted North Carolinian—yes, right here in the mi( of our boasted civilization—in the very sight of the capit death to one of his patients, as we expect to prove, has result from the cruel and inhuman treatment of this “father of ( unfortunate,” as Dr. Grissom is called by his counsel. Oh, that he had learned from that big-hearted, sweet siuj of the North, that 4 “Gentle as angels’ ministry The guiding hand of love should be, Which seeks again those chords to bind Which human woe hath rent apart, To heal again the wounded mind, To bind anew the broken heart! ” Before I begin to review the testimony of the witnesses exa ined before you I desire to read to you some letters introdu by the counsel for the defence, but not read by them. Dr. G. H. Hill, of the Iowa Hospital for the Insaue, In pendence, Iowa, says: “We have always used mechanical restraint in this institution to a lira extent. We have now 770 patients in the house—about an equal numbe each sex. Last week one man was restrained every day by means of a lea l cuff about one wrist and a strap connecting this with a stationary be This man has an inordinate propensity to break glass and cut himself, but! is good-natured and does not object to being restrained. He is not restral when out of doors, where he is a good share of the time at this season of the 1 nor at night. Among the women one was restrained every day of the «vl and another five days out of the seven. This is all, and a f^ir showing oil amount of restraint ordinarily used in this institution. While some insd tions advocate the use of non-restraint, yet they are still in the minoritil this country, and I am not yet disposed to place myself in a position whel cannot use mechanical restraint under any circumstances, since it woulbl wrong to do so after a man has announced to the public that he does not cjj to longer use restraint of any kind.” 13 Here is an insane man who has an inordinate propensity to jak glass and cut himself. Is he strapped flat on his back to >ed stead? No ! He is simply restrained by means of a leather iff about one wrist and a strap connecting this to a stationary ;ach. The defendant’s counsel have harped upon the fact that Up- jarch and Barnett and Smith belong to a class termed by them ‘le criminally insane, ” and argue that in the treatment of such )'n he was justified in using any means he chose, however l.’sh, in order to make “deep mental impressions upon them.” Et see what a prominent superintendent of an asylum for the ::minal insane has to say in one of these letters introduced by [. Grissom. Dr. Carlos F. MacDonald, State Asylum for Insane Crimi- ] s, Auburn, N. Y., says: The question of use or non-use of mechanical restraint in the care of the d ne is, in my opinion, purely a medical one, to be determined by the judg- bit of the superintendent, in whom is properly vested the direction of the nlical and moral treatment of his patients. Authorities are, as you know, ided on this question, just as they are on the use or non-use of certain 15 s in the treatment of their patients, some eschewing the use of restraint, le others equally competent, humane and sympathetic conscientiously be- (e in and advocate its use in certain cases. We no longer restrain in this sum, having discontinued it absolutely more than eight years ago and we e‘ that we get on better without it. ” Gentlemen, you will observe that Dr. MacDonald, the super- trndent of an asylum where none are allowed but such as are tiwn as the criminal insane, says that the question of the use non-use of mechanical restraint in the care of the insane “is tely a medical one,” and he also says: “for more than eight ] rs it has been absolutely discontinued, and we feel that we on better without it.” There is not a word said about strap- r being used to create “deep mental impressions,” nor of any r being strapped to impress upon him the impropriety of u ing the superintendent. >r. Henry M. Hurd, Eastern Michigan Asylum, Pontiac, "ilkigan, says: 14 “As to the general inquiries in your letter, I would say that although I c not believe in the use of mechanical restraint as a system, and constantly di courage its application, I am free to say that there are emergencies arising i the treatment of mental disease which are better met by the application mechanical restraint than by any other mode of procedure.” Dr. Geo. C. Palmer, Michigan Asylum for the Insane, Kali, mazoo, Michigan, writes as follows: “As you may be aware, I am a believer in non-restraint, as a rule, in our i stitutions; but experience has shown me—as I think to most superintendents that a few cases are met with that cannot be dealt with as well in any oth way as by the use of mechanical restraints. We have always done for o patients what seemed to be best, without any sentiments on tfie subject of lj straints, and that is the case of a homicidal girl, who has made repeated i] saults with intent to kill.” Dr. Jas. D. Munson, Northern Michigan Asylum, Traverl City, Michigan, says: “An experience of ten years in the treatment of the insane has taught lj that there are patients who cannot be properly cared for in safety to themsehl and others without the use of mechanical restraints. The extremely violel or those with impulses to self mutilation, can scarcely be cared for withcl their use. Manual restraints are perhaps of greatest service in most cases, II in the class of patients to which I refer they are impracticable, for the reasl of the great expense attached to it, and the great danger there is of )| patients’ either receiving injuries or inflicting them on their attendants.” Dr. T. J. Mitchell, Mississippi State Lunatic Asylum, Jaci son, Miss., says: “In regard to your inquiry, ‘Is mechanical restraint ever employed in J well regulated institutions?’ will say that it is not uncommon. I myself l| greatly opposed to mechanical restrant, if possible to avoid it, believin; quite degrading, but find at times it is quite indispensable to the comfort d security of the patients, hence when I think it subserves a good purp use it.” Dr. J. D. Moncure, Eastern Lunatic Asylum, Willktmsbi Va., writes the following : • • • • “In reply to your inquiry whether mechanical restraints are occasion required in American insane asylums, will state that I never visited a sitll institution in America where they were not used at times. As for my <:a 15 lum I have earnestly striven to dispense with them entirely for the last five rs, but in spite ot all my efforts and my personal conviction that none should r be used I have had to resort to them in a certain class of patients whose ;ase renders them dangerous to themselves and others.” gentlemen, I have not read these authorities to prove that be- se Dr. Grissom has used mechanical restraint he should be □ed out, but to offset evidence offered by the respondent and w that the question of restraint or non-restraint is a dis- led one, and that there are many and great men on both sides : t. I propose to make you, gentlemen of the Board, a fair ■ament; in fact, I would be obliged to di.sc.uss this question ly, whether I were so inclined or not, for before these learned esentatives of medical and legal science deception would be tse than folly. I shall endeavor to quote nothing incorrectly. K should argue, as I said before, that Dr. Grissom should be i led out of his office because he sometimes used mechanical iS’aint I would do so in the very face of your by-laws theru- |Ss, for they say : i !o attendant shall ever apply any restraining apparatus to a t patient ex- ay order of the Superintendent, or of a resident officer under his direc¬ ts certainly implies that restraining apparatus may be used le Superintendent, or under his orders. But the question is it whether Dr. Grissom has used mechanical restraint, but II ' \ her he has used it when it was unnecessary and to such ex- )»as to be cruel. lese by-laws further direct that attendants must act with nee and kindness and forbearance ! These regulations were fed by a man who had a heart in him ! And it never occur- ) such a man that it would be necessary to give instructions 3 simple laws of humanity to the Superintendent and As- At Physicians of this institution—men who, in one of the )st callings under Heaven, had consecrated their lives to the . 1 of their suffering fellow-beings—not a word do we find as t ir conduct towards patients. mi 16 Oh ! how could it have occurred to the author of that lit book, that this humane, big-hearted gentleman, whom his con sel has almost asked you to bow down to and worship, cot ever need such instructions'? “The attendants shall treat the patients with uniform attention and resp< and greet them with friendly salutations, and exhibit such other marks kindness and good-will as evince interest and sympathy. They shall sp< in a mild, persuasive tone of voice, and never address a patient coarsely, > by a nick-name. ” I don’t know, gentlemen, what is above—my ideas that happy hereafter, I must confess, are not perfectly cle and my conception of that awful and mysterious power tl rules the universe is vague at best, but I cannot help feeli that the great and merciful God himself inspired the writing that book just as much as he did the works of St. Johu or St. Luke. Having most probably by this time made up your mil as to whether mechanical restraint is in itself right or wro and if right, to what extent it should be used, I will le; that part of the question and discuss the special cases in wh we claim that Dr. Grissom has made use of it to a cr and inhuman degree for the purpose of gratifying his perso animosity and revenge. But allow me to digress a little. One of the opposing counsel undertook to make you beli in regard to Upchurch that a full report was made of his ( at the time for the benefit of the Convention of Asylum Su] intendents, and that Dr. Rogers and Mr. Thompson endoi and approved the treatment of him by Dr. Grissom. But us see. Dr. Rogers, at that time fresh from college, had received his appointment. I am not a physician, but I tak that it is in medicine as in law, that a young man when he I his license has just placed his foot, as it were, on the first j which leads to the house of knowledge, or in other words, he simply laid the foundation on which to build that house. Dr. Rogers made out the report under the direction ofj superior officer, and Mr. Thompson copied it because he wrd 17 etter hand, and because, under the by-laws, he was the clerk of le Superintendent. It contained nothing about the brutal treat¬ ment of Upchurch by Dr. Grissom. “ Therefore,” say that gentle- lau’s counsel, u Dr. Rogers and Mr. Thompson endorsed it.” It claimed also that the convention endorsed the treatment of ipchurch. Let me read to you that report written by Dr. logers and copied by Mr. Thompson : 1 “ W. P. Upchurch —Admitted June 12th, 1878; male; single; farmer; is micidal—shot his brother and has attempted to kill other people. He has rrible delusions, connected with other patients, attendants and others; tat his bones, his head, neck, etc., are crushed; has hallucinations of hear- ng—hears people talking about him, planning to kill him, etc. On one casion he kicked an iron bar out of his window-guard and defied any one to ear in mind the title of his pamphlet : “Mechanical Re- int as a Protection to the Insane.” Ve will now take the cases as they come. I will cite Dr. Jssom’s own testimony. I 'hat of Miss Mary Foy comes first. With regard to her, witnesses have testified—Miss Ella N. Edwards and Dr. 5Som. Wherever the defendant flatly denies the statement witness I give him the benefit of the doubt and pass it by. MISS MARY FOY. Miss Ella N. Edwards testifies: Do you know Miss Mary Foy? A. I do; she was my patient when I h charge of the first ward. How old was she? A. I should say she was about twenty-five or thirty. | How did she behave? A. She always behaved very nicely. Do you remember any treatment of her by the Superintendent? A. came in and said good morning; she did not speak, then he spoke again a she did not speak, and he asked her if she did not like him; he told her was the Superintendent of the institution, and told me to go to the dinii room and get a dipper of w'ater, and he threw it right in her face, and ! raved and he went out laughing. That is the story; she had done nothing. Miss Mary Foy is a daughter of one of the most highly c tivated and refined families in Eastern North Carolina, was reared and educated in the midst of luxury, culture and finement. A lady by birth and by education, how terribly m tifying and humiliating such treatment must have been to h Dr. Grissom says: “Miss Mary Foy was admitted in September, 1888, and was sent home probation. She was then discharged and has been re-admitted. She is 1: now. She is a patient of many hallucinations. She imagines herself to the wife of Dr. Rogers. She had the habit of seizing hold of him when came about her. She had a demoralizing influence over other patients, is not addicted to fighting. Miss Edwards’ testimony as to my treatmen Miss Foy did not occur. On a different occasion, and not in the presenc Miss Edwards, I ordered her locked up in a room and threw a dipper of w in her face for the purpose of impressing her with the impropriety of her cone I have found a certain class of patients who are very hard to impress. Words not sufficient. It is necessary to restrain them. This, however, should be sorted to only in cases of necessity. I have frequently resorted to thro water in the face for the purpose of producing a mental impression that c not be done otherwise. In her case there has been a great improvement, hardly ever repeats the improper conduct. It was the only time I evertl water in her face. It is the usual custom in all institutions of this kind the superintendent to establish and maintain a system of discipline. I d< remember what attendant was present at the time of the occurrence. It not Miss Edwards. I do not recall any other instance of unusual treatii to Miss Foy.” rr 21 ‘I ordered her locked up in her room and threw a dipper of ter in her face for the purpose of impressing her with the im- ipriety of her conduct ! I have found a certain class of pa¬ nts who are very hard to impress. I have frequently resorted throwing water in the face for the purpose of producing a ntal impression that could not be done otherwise.” [, the Czar, the almost god to whom people should bend the ee in adoration. I, greater than all other alienists, even I, re found in my long experience that it is necessary to make a ntal impression upon a certain class of patients, and that to so it is necessary to dash water in the face, to bind hand and it for hours and davs until human endurance is exhausted. J ue it is that the Board of Directors of this institution have arly forbidden any such treatment, and the most enthusiastic those alienists who advocate mechanical restraint say that it >uld be used only to prevent the patient’s doing violence to him- f or others, and for surgical reasons. True it is that it has never urred to the mind of any alienist or philanthropist that these similar means should be used as a punishment, or, as I call it, make a mental impression, for impropriety of conduct. But at do they know of these things? What is their little expe r ■ice or their small knowledge as compared to that of the great Issom, who has ruled supreme in this institution for twenty- i long years? jet this or any other insane woman in my keeping, be careful 53 what hallucination possesses her mind ! It is true that Maj. r hrie’s experience has shown that delusions and hallucinations i? uncontrollable possession of the minds of the insane, and ) though the victim of these hallucinations and delusions is bscious of them, that it is impossible to prevent or control in—yet I, the great, tender-hearted philanthropist, as my hsel calls me, to whom the knee should be bent in adoration, i not submit to—will not permit to go unpunished—any I nan, no matter how insane she may be, in whose mind dwells Hallucination of being the wife of that man, whom above all re I detest, and I will lock her up in her room and dash a j . 22 (Tipper of water in her face in order to impress upon her t great impropriety of such hallucination. Gentlemen, when I reflect upon this testimony, when in n imagination I see this refined, but poor, unfortunate insane w man standing there in her room quietly submitting to the i dignity of having a dipper of water dashed into her face becat of what she could not help, by this man whom the preach* have described as a tender and solicitous father to the unfort nates in his charge, I have not words to express my deep a bitter indignation. When these men of God came over here Sundays to administer to the insane as much of spirit* comfort as possible—when they noticed Dr. Grissom’s cl< attention to their divine services, and when they saw hi with his unfortunates on dress parade, as it were, being gd men themselves, they were easily deceived, and naturally cal to the conclusion that Dr. Grissom was to be compared to a t<| der-hearted father, solicitous of the welfare and happiness of I poor, unfortunate children; but they did not see Dr. Grissl dashing water in the face of this poor woman—they <] not see him, red with anger, ordering poor Smith to I strapped for saying what he could not help; they did not I him, possessed with rage, stamping with his heels poor Upchul on the face and neck, while he was held powerless upon I floor by strong men. I present to you the picture of Dr. G| som, as drawn by himself—“I threw a dipper of water in I face for the purpose of impressing her with the impropriety her conduct. I have found a certain class of patients who 1 very hard to impress. Words are not sufficient. It is neJ sary to restrain them.” The counsel on the other side have read to you letter after I ter addressed to Dr. Grissom by eminent alienists as to the netf sity of mechanical restraint, but in all these letters, as well ail all the writings on this subject which they have read to you till is not even an intimation that under any circumstances an iny person should be punished for what he has done. But, says ■ Grisgom, I do not punish them; I am a tender father to theml 23 ould not take a poor insane woman, whose friends are far away id who is absolutely in my power, and punish her because she, her insanity, imagined that my enemy was her husband ! rue, that because of this I locked her up in her room and threw iter in her face, but this was done to make a mental impression ion her as to the impropriety of her conduct! Remember, gentlemen, that you, too, or some one near and ar to you,'may be sent to this Asylum and assigned to the care this “tender-hearted philanthropist.” I pray that God in s mercy may not give you this bitter cup to drink. But this iisfortune may overtake you, and delusions and hallucinations tirely beyond your control may run wild across your brain, id amongst these hallucinations there may be one which is pleasant to Dr. Grissom. You may fancy that some enemy Dr. Grissom is not the meanest of men, or you may imagine it Dr. Grissom is not that pure and moral, that great, illus- ous and God-like man which the counsel on the other side ve undertaken to make us believe. Far be it from him to nish you for these things, but he will lock you up and dash water your face, or throw you upon the floor and curse you and oke you nearly 'to death to make a mental impression upon rr poor insane mind. For the sake of the argument I will ; you to discard for the moment the testimony of Miss Ed- irds and consider that only as worthy of belief which has been en to you by Dr. Grissom himself. And when you have done nhow can you acquit him of this charge? I do not appeal to 1 i to convict him of a charge so serious as this, and'one which if found to be true ought to send him in disgrace from this plum. But when you consider his testimony only how, I ask, 9 die name of truth and justice, can you acquit him ? »f The next case which I shall present to your particular atten- i is that of MRS. WHALEY AND MRS. OVERMAN. vliss Ella N. Edwards testifies: o you know Mrs. Whaley and Mrs. Overman? A. Yes, sir; they were s ents on the first ward. 24 Do you know whether or not they were violent? A. Mrs. Whaley was vie lent; Mrs. Overman was not. Do you know anything in regard to their treatment? A. One day the got to quarreling on the ward, and at last one of them hit the othe’ I locked them in separate rooms; I reported it to the Superintendent; went first to the matron, and then I went to the Superintendent’s room ar found her there. I told Dr. Grissom about that; he said he would go and a tend to them; the matron started but said someone called her and went bac She did not want to be there. Dr. Grissom took them and put them inastroi room in the first ward, and told them to fight now as long as tlijey wanted and they did fight, and he stood at the trap-door and looked at them and to them to fight and laughed at them. Then he went on out and told me not put it down on my report; one of them had her hair pulled out fearfully; o> had short hair, and they bruised each other very much. Now, gentlemen, there is no uncertainty in this testimony < Miss Edwards. It was printed and went into the hands of D Grissom early in this trial. Many days afterwards, when E Grissom went upon the stand, having had abundant time which to scrutinize it, he was fully aware of what it containe and if it or any part of it was not true he would have square and unmistakably denied it. Hear what he says: “ The allegation that Mrs. Overman and Mrs. Whaley were locked in a roc together and told to fight till they got tired of it is totally untrue. On c occasion I remember threatening to lock up two patients who hhd been fig ing. I don’t remember who they were. I told the attendant in their heari to lock them up and let them fight it out. If they were locked up at all til did not fight and would not have been permitted to fight. Patients have nei fought to my knowledge or consent. Mrs. Overman is a violent patient times. She is strong and stout. Mrs. Whaley is a patient who fights a gr deal and is very mischievous. Mrs. Overman has perhaps not improved wl here. Mrs. Whaley has improved and is now easy to manage. “ On one occasion I remember threatening to lock up two patients who 1 been fighting; I don’t remember who they were; I told the attendant in tl: hearing to lock them up and let them fight it out. If they were locked uj all they did not fight, and would not have been permitted to fight.” He gave these instructions to the attendant, went away a does not know what happened afterwards. “I told the attei ant, in their hearing, to lock them up and let them fight it ou He does not say that he at the same time whispered to the attei 25 nt uot to do so. He does not testify that he gave these instruc- ions to the attendant, in the presence of these insane women, in >rder simply to frighten them, and that he at the same time told he attendant not to obey his order, but that having given this rder he went away and does not know what happened ! “ If ey were locked up”! Why doesn’t he say that they were ot locked up! Why doesn’t he say that the attendant well nderstood that they were not to be locked up? Read again le direct, positive and straightforward testimony of Miss Idwards, and the dodging, equivocal testimony of Dr. Gris- >m, and then see if, in the mind of any fair man, there can be ay doubt of the truth of this charge. The next case to which I call your attention is that of ZEB. WILLIAMS. 1 J. A. Tucker testifies: Do You know Zeb. Williams? A. Yes, sir. Did you ever see him strapped? A. Yes, sir; he was strapped for fighting other patient who was sleeping in the same room with him. What was Williams doing at the time he was strapped? A. He was lying 'i the bed quiet. k|Was he strapped as a punishment? A. Yes, sir; he was strapped as a pun- iment for fighting another patient. CROSS-EXAMINED. [Zeb. ‘Williams is in the institution now, is he? A. Yes, sir. He has escaped twice, has he not? A. Yes, sir. ■ yiVhat did you say was done with him ? A. He was strapped to the bed- sad for fighting another patient. *1 Mr. Tucker, while on the witness stand, must have made the ’ pression on you as being a man entirely disinterested and ithful. He is now chief attendant of the male department, I would not be permitted to hold this responsible position ay* less he was a man of character. Although the country has attffc in scoured to find witnesses to testify against the character of the it off messes for the prosecution, and although our witnesses have ;attfp subjected to the most searching cross-examination, not one 26 word lias been heard against the good character or truthfulness of Mr. Tucker. He therefore stands before you unimpeachec and as in every way worthy of belief. Mr. Tucker swears in os positively that some time after the patient Williams had beei fighting his room-mate, he was strapped under the orders of Dr Grissom as a punishment for what he had done. Dr. Grissom testifies in regard to this matter: “Zeb. Williams is here as a patient; he is excitable; he has never been mb treated by me.” He does not deny the testimony of Mr. Tucker, but simpb says, “ he was never mistreated by me.” He does not even un dertake to get rid of the force of this testimony by saying that h did this to make a mental impression. His majesty seems to thin that it is unbecoming and unnecessary for him to take the troubl to deny the testimony of a man occupying such humble position e Mr. Tucker. He simply says, “I never mistreated him.” I at the judge of what is mistreatment; I am the great alienist! M long experience has taught me. what is proper in the treatmei of the insane, and it is beneath me to undertake to deny or e> plain anything that may be charged against me, even though be proved by the testimony of an honorable witness. The next case I will take up is that of MIKE COSGROVE. Mr. R. I. Hogan testifies: Do you remember Mike Cosgrove ? (Objection—lgave is given to put C< grove’s name in specifications and he is added to the specifications). What kind of a patient was he—was he a violent one or otherwise? A. 1 was right easy. Did you ever see him strapped? A. Yes, sir. Under whose orders—Dr. Grissom’s ? A. Yes, sir. About what time? A. In the latter part of 1885. For what was he strapped? A. For abusing the Superintendent and cu ing him. The Superintendent was coming through the institution wh< Cosgrove was and he got to cursing and running around him and he follow him to the lower end of the hall; then he was ordered to be strapped. How long was he strapped? A. Until the next morning. 27 CROSS-EXAMINATION. Now with regard to Cosgrove you say that Dr. Grissom came into the ward id Cosgrove cursed him, and followed him? Yes, sir. Was he a violent man? A. No, sir; nothing more than talking. I ask you whether a man strapped in that way cannot sleep? A. Well if 3 was really sleepy he might perhaps a few minutes at the time. Did these straps hurt the patients? A. It depends upon how tight they ere put on. When patient will lie right still they will not hurt. The object ' strapping is to make them lie still. There is that poor, insane roan strapped to the bedstead all ight long—tied hand and foot, limbs and body, so that it was apossible for him to move a single muscle except in turning is head from side to side, and able, perhaps, to lift his head if two inches above the pillow. True, he had abused and irsed the Superintendent, but it is also true that by the dis¬ sipation of Divine Providence he could no more control his ords or his actions than he could move a mountain. When a Ian learns to control himself then he is no longer insane and (is institution is no place for him. I Strapped ! and asleep ! How could he sleep ! Imagine your- If under the most advantageous circumstances (circumstances flch, by the way, did not exist in the case of poor Mike Cos- ove), lying flat on your back upon the most elegant hair mat- ;ss with steel springs underneath, a soft and downy pillow, th your hands fastened across your breast, with straps running >m each arm around the bedstead, with a strap running around 3 middle of your body, a strap around your thighs, a strap ound your legs, with each foot fastened to one of the lower I'ners of the bedstead, a strap around the upper portion of |ar body near the neck, and all of these straps fastened tightly ■ the bedstead so that you would be utterly unable to move a iscle of your body except to move the head from side to side 1 to lift it perhaps two inches from your pillow. Imagine * I irself in perfect health and with strong nerves; place your- /es, gentlemen, in this position for one hour, and I venture ivsay that when you have done so you will have tasted the tor- 28 tures of purgatory. Go further; lie in this position for oik night, let your room be as pleasant as possible, let the balmj breezes fan your fevered brow, and when the bright sun rises ii the east, and throws its first rays into your window—even nude these circumstances, I say, you will have realized that you hav undergone in that one night the sufferings of the damned. Ha he murdered anybody ? Has he committed any arson ? Ha he violated the virtue of any pure woman? No, indeed ! He has done none of these things, but he has cursed the Super intendent! Unpardonable sin ! Under the wise and beneficen laws of North Carolina, even though he may have violated ever criminal law of the land, because he was iusane, because he coul< not control himself, the State did not and could not punish hin: but held out to him the hand of mercy and pity. But thi humane man—this great and tender-hearted philanthropist— know he is humane—I know he is tender-hearted—because hi couusel say so—simply because he cursed him, tied this poc man hand and foot, body and limb, flat on his back, unable t move for one whole night! Short, indeed, may have seemed thi night to this great and tender-hearted philanthropist, but oh how long, how miserable and how full of torture must it ha\ been to poor Mike Cosgrove! Dr. Grissom says: “ Mike Cosgrove came here in March, 1884. He was a native of Irelan Before admitted here he was a hard drinker. He was restless, excitable at violent. He would sometimes knock his head against the wall and floor. Oi evening about 8 o’clock he was strapped to the bed. Within an hour he w quiet and remained so. Restraint was the only way by which he could be rna to rest and sleep.” Does he say that he was strapped to the bed because he w violent? No! He had read Hogan’s testimony in regard this matter, he knew what Hogan had testified, he has not deni the truth of Hogan’s statement, and Hogan says that it w because this poor, insane, weak, helpless man had cursed the Supe intendent, and thereby committed what seems to be regarded this institution as the unpardonable sin ! There is the case, ge 29 emeu. I leave it in your hands. Be merciful to Dr. Grissom ! lemember that if you decide against him, you must send him •om this Asylum in disgrace. Remember his wife and his chil- ren, and that his disgrace will be theirs also, and acquit him if ou can ! But in the name of humanity I call upon you to be lerciful also to these poor, helpless creatures entrusted to your ire, and I call upon you, no matter how many masonic regalias, o matter how many medical honors may be held up before you ) dazzle your eyes and blind you with their brilliancy, to see to that no man shall ever hereafter be tied hand and foot on his ack all night as a punishment for what he could not help. We will next take the case of ROBT. BARNETT. W. J. Crutchfield testifies : Do you know a man by the name of Barnett, a patient? A. Yes, sir; Robert irnett. Did you ever see Barnett, this insane man, strapped under the orders of Dr. i'issom ? A. Yes, sir. What was that done for? A. I do not know what it was done for. When was it? A. Something over a year ago. Were you present? A. Yes, sir. Was Dr. Grissom? A. Yes, sir; partof the time; I do not think he stayed ;:il we got through. What was Barnett doing? A. Barnett was being strapped when I first saw b. )id he make any resistance? A. He was excited and talking and he did ii resist. low long did he remain strapped ? A. I do not know ; he was released Dre supper sometime. CROSS-EXAMINED. II obert Barnett was a powerful man, was he not? A. I think he was a erful man, but not a powerful man according to his size; he weighed about hundred pounds. < T as he known as a tighter? A. Yes, sir; when I came here that was his !' utation. J e has been transferred to the Morganton Asylum, has he not? A. Yes, sir. j hen was it he was strapped? A. I do not know ; he was not in my ward I a he was strapped. 30 Dr. Grissom testifies: “ Robert Barnett was admitted in December, 1874, and was transferred Morganton in 1888. He belonged to the class of criminally insane. He lit been tried on a serious criminal charge. He was restrained; it was not do: as a punishment, but to try to impress upon him the propriety of better conduct.” He was sent to this Asylum because under the beneficent lav of North Carolina, being insane, he was not responsible for whs he had done. The State said to him, “ You do not deserve pus ishment, but you are entitled to, and shall have pity!” T1 State sends him here to this “ father ” as he appeared to the preacl ers in his Sunday dress*—this tender-hearted philanthropist of tl opposing counsel—to administer to him comfort, solace, relie Did he get it? Better far abolish that rule of law which excus and declines to punish those who are not responsible for the acts and send them to the penitentiary to wear the striped cloth! of disgrace and handle the pick-axe than to turn them over the care and keeping of this tender-hearted father of the unfo tunate. Does Dr. Grissom say this man was restrained because he w dangerous? Does he say that he was restrained because he w violent to himself or to others? No! “It was not done as punishment,” says Dr. Grissom, “but to try to impress up him the propriety of better conduct.” What are people sent jail for? When a man has been found guilty of stealing horse and the judge sentences him to a term of years in the pei tentiary, is it not to impress upon him “ the propriety of bet conduct”? Is it not to produce upon him such a “ mental i pression ” that he will steal no more horses? “Oh! no,” si Dr. Grissom, “ I did not punish this man because he cursed n I simply subjected him to the tortures of the bed strap in on to impress upon him the propriety of better conduct.” I obliged to say that I have a perfect contempt for such a subt fuge! Mr. Guthrie, who was examined as a witness for Dr. Griss< in giving an account of his insanity and his sojourn at this A 31 im, told us that even in his worst condition when his imagina- on was running wild as a young horse upon the prairie, when elusions and hallucinations were flitting across his mind, one fter another in endless numbers, and when he was entirely be- ond his own control, he was keenly sensitive to his surroundings, ad that to this day every word and every act said or done by imself or others was indelibly impressed upon his mind. So e have been taught, gentlemen, by Dr. Grissom’s own witness iat the insane are as susceptible and as sensitive to bad treat- ient as other persons and that in fact about the only difference atween a sane and an insane person is that the one has con- ol of his mind, while the other has not. And if we had iy doubt of it before we heard the testimony of Mr. Guthrie, e must know now that poor Mike Cosgrove, while in the abrace of that cruel instrument of torture, must have suffered you or I would. I now leave this case also in your hands, ilo not ask you to convict Dr. Grissom upon this charge. Read e evidence, consider the circumstances, bear in mind the solemn ligations which rest upon you. Do not forget the sacred duty lich you have been called upon to perform, and if you can pit Dr. Grissom, do so. Save him if you can. The next case I desire to call to your particular attention is it of J. C. HERVEY. ;W. J. Crutchfield testifies: That is your occupation? A. An attendant at the male ward at this insti- jon. ;>o you know a patient by the name of Hervey? A. I do, J. C. Hervev. 'id you ever see him receive any unusual treatment in the hands of Dr. iSom? A. Yes, sir. 'hen ? A. In 1887 while I was ward attendant. • ate all the circumstances connected with that. A. Dr. Grissom told a col- man to slam him down on the bed. He was talking very vulgar to Dr. som about Dr. Grissom’s wife. hat else did he do? A. He spit at him. He was somewhat excited. 1 servant had slammed him on the bed. He took him and slammed him le bed and he lay there awhile. He then got up and at Dr. Grissom, then 32 the servant was ordered to slam him down again. He spit at Dr. Grissc when he got up the first time. He did not spit at him before that time. T time. The Doctor put his foot on his body about the hip. Hervey was an epileptic patient, was he not? A. Yes, sir. He had his bed on the floor? A. Yes, sir, when he was on his bed he w on the floor. CROSS-EXAMINED. Hervey was an epileptic patient; was he violent? A. At times he was. You say on one occasion Dr. Grissom went into his room. Did he not ma an attempt of violence against Dr. Grissom ? A. No, sir. You say he spoke against Dr. Grissom and his wife most obscenely a filthily? A. Hedid. Dr. Grissom ordered the attendant to slam him on t floor. A colored man slammed him down. His name was A. Goss. He « then allowed to get up. He spit at Dr. Grissom and he took him by t shoulders and jerked him down on the bed and put his foot on him. He < not put his foot on him the first time. It was when he spit at Dr. Grissi when he was slammed down the second time. Was he injured in any wav ? A. I did not discover that he was. Dr. Grissom testifies : • “ Mr. Hervey was admitted July 3,1883; is here now. He is violent attii in a spasmodic sort of way. I remember, on one occasion, in passing through ward, he made a sudden demonstration of violence toward me, using the m vulgar and indecent language about my wife. For a moment I was exceedir. angry. There was so much insubordination in the wards that I was m susceptible to anger than I otherwise would have been. I ordered theserv to throw him on the floor. I hoped to be able to impress on him the impropr of using vulgar language, but did not intend to hurt him, and he showed signs of being hurt, and was not hurt.” “ When attendants receive insulting and abusive langu! they must keep cool and forbear to recriminate or threat! Violent hands shall never be laid upon patients under any pro! cation,” say the by-laws of this institution. So anxious were the directors of this institution that the unll tuuate insane should be properly and humanely cared for tfl in their by-laws, which were required to be placed in the hafl of every attendant, and so afraid were they that some attend! should under some great provocation lose his temper and! unkind to the poor, helpless unfortunates in their charge, tjfl 33 [ireeted in plain and simple but forcible language that when ttendants receive insulting and abusive language they must :eep cool and forbear to recriminate or threaten, and that iolent hands should never be laid upon patients under any revocation. I take for granted that it never occurred to the uthor of these by-laws that any physician acquainted with the ature of insanity would need any directions, any law, to make im kind and humane. With that law before him this great I ian, this tender-hearted philanthropist, covered all over with ledical, masonic and Christian honors, says : “On passing through The ward, he made a sudden demonstration of vio- nce towards me, using the most vulgar and indecent language about my wife. 3r a moment 1 was exceedingly angry. I ordered the servant to throw him on e floor. I hoped to be able to impress on him the impropriety of using vulgar nguage!” Is there anything in the by-laws of this institution which can ; construed as allowing the Superintendent to do what is ex- ■essly forbidden to the attendants ? Could it ever have occurred ! any man that this Superintendent who boasts of his national putation would be more wanting in humanity to the patients jider his charge than the attendants, “fresh from the cornfield,” one of the opposing counsel says? If poor Hervey had vio- ;ed every criminal law of the land his diseased brain was a I fficient and ample excuse and he would have gone unpunished. :>ut, ” says the Superintendent, “no insane wretch shall use in r presence vulgar language in regard to my wife, and hope to ape the close embraces of the bed strap. Instead of getting *ry with poor Hervey and punishing him ,for what he could ; help the large, tender and sympathetic heart of the great issom should have swelled with pity at the misfortune of Her- 11 1 7. He should have tenderly taken him by the hand and said : 1 will care for you, I will administer to your diseased brain, I 1 1 be a physician, a friend and a father to you, I will, by all 1(1 means known to science, earnestly endeavor to relieve your ™ distress and ere long return you, if possible, to the bosom of p il ir family.” And then, when the day’s work was over and 3 34 he was about to lie down to rest from his weary labors, as lu kneeled by his bed in humble supplication to the great and lov¬ ing God and repeated that prayer which had been taught him ii his childhood at his mother’s knee—“Forgive us our trespass© as we forgive those who trespass against us, ” he would not hav< called up, as by that prayer he now must invoke, the spirits o these poor, unfortunate people to stand between him and his Go< in his pleadings for heavenly mei’cy. “ Forgive us our tres passes as we forgive those who trespass against us. ” These unfortunate people did what they had no power t refrain from. To punish them for their conduct—“to makeai impression upon their minds”—I dashed water in their'faces, delivered them to the cruel embraces of the bed strap. I stamp© my foot upon their necks. Now, Lord, as I have done to Mis Mary Foy, to Hervey, to Upchurch and to others in my powe and keeping, even so, Oh! Lord, do not do unto me! In th mercy deal not out justice to me. I became exceedingly angr the temptation was greater than I could bear. I beseech th© in thy mercy, not to impress upon me the impropriety of m conduct by putting thv foot upon my neck and dashing me i the floor of the bottomless pit! The next case which I present for your consideration is that < HENRY CONE. Mr. D. Iv. Farrell testifies: • Do you know a man named Cone, a patient? A. I did ; his name was Hen Cone. Do you know anything unusual in the treatment of Henry Cone? If state all you know about it. A. Well, I think I do, sir; I think it was August, 1888, it may be September, on one occasion the Superintendent a Mr. Hogan, the chief attendant, came to the ward, this patient was locked a room, the Superintendent told Hogan to unlock the door, and Hogan wait in and Cone jumped at Superintendent, and I think struck at him and pro bly glanced him, and the Superintendent jumped at him, and struck him £ threw him down and got on him and choked him; he then asked for a pitehe: water, the servant brought a pitcher of water and the Superintendent 1 about a gallon of water poured in his face and he lay there. It did not se to arouse him any. and the Superintendent walked out and left him. 35 Who was there besides the Superintendent? A. The chief attendant, myself ind the servant. How many men did it take to overcome him and get him on the floor? A. [ should think it ought not to have required more than one ; he was small, but •ather stout; the Superintendent threw him down, I think alone; Hogan was here. What did you see him do when he got him down ? A. He choked him leverely perhaps for something like a minute. Was Cone struggling? A. Yes, sir; he went to get up, no one laid hands in him but the Superintendent, who called for a pitcher of water and poured t in his face; I think it was a gallon pitcher; he remarked that he would see f it would stop him from making those attacks on people when they are in the •oom ; he paid no attention to the water and the Superintendent left the room vhen he was in that condition. What became of Cone after that? A. Well, he got up after that. I do not mow how long he was in an excited condition; no attendant was left in the oom with him. Do you remember whether or not that treatment had any effect upon the disposition of Cone? A. Not at all, sir, that I could see for either better or torse. CROSS-EXAMINED. Henry Cone was a patient when you first came here? A. Yes, sir. Do you know how long he had been a patient at the institution? A. I do ;ot, sir. Do you know that he was here in 1883? A. No, sir. Was he not a. very peculiar patient? Did he not have the habit of jumping at ersons? A. I do not know that he jumped at patients particularly, but he onld spring upon any one when he was locked in his room. I ask you if he had not on that very occasion sprung upon the Superin- rndent? A. I do not know that he had. Do you know if he made a spring at him when he went in the room th^t orning? A. Yes, sir. ; Did the Superintendent and he get into a struggle? A. Not much of a iruggle; the Superintendent got him down and choked him. Then he called for water and got a pitcher of water and threw it in his face inself? A. Yes, sir. I do not suppose you have been the superintendent of an asylum ? A. No, r Do you not know that throwing water is a manner of treatment? A. No, Ijr; I do not. j . I I J. A. Norwood testifies : Did yon know Henry Cone? A. Yes, sir. I Hn ' 1 36 Do you remember any unusual treatment of this patient by the Superin. tendent? A. Yes, sir. When was it? A. In the year 1883, the year I came here. Tell all the particulars you know about it. A. The Superintendent came into\the ward one evening with some visitors, he and the chief attendant, and he turned to go back and right at the dining-room door I looked back and saw the patient, Henry Cone, and him up there in a tussle. I got up there and took hold of the patient myself, and the Superintendent looked like he tried to choke him. He put his hand on his throat and every time he would grab at his throat he would catch the patient by the chin. He told me to take him down to his room and whistled for the servant. I carried the patient in tin patient’s room, and he said slam him down on the bed, and I laid him on the bed and held his hands, and he got down on his knees on the edge of the bee and choked him with both hands as I was holding him. Did you have any difficulty in holding patient? A. I held him verj easily. How did he choke him? A. He put both hands around his neck. Thei he said let him get up. At first he had no use of himself, he seemed to be a limber as a dish-rag and about half a minute beseemed to make off at Dr. Gris som and he said slam him down again, damn him. About that time the servan came in and held his feet; I had his hands. Dr. Grissom put his foot on hi neck and mashed down on him, then he took his foot off and asked if I ha< any water. I told him I did and he went and got a bucket himself and thre\ a bucket of water in Cone’s face. Then he told me to go out and pull th door to and let him be. Where did you leave him? A. On the bed. What was his condition? A. He did not seem to have any use of himse! when I lgft him ; Dr. Grissom went out of the ward and in about five minutes turned him out of the ward through the dining-room and he came out of th centre building. Dr. Grissom came back and started through the ward, was with him in there and got into Cone’s room, and I called attention to D Grissom that Cone was in there, and went in and when we raised the patiet up he did not seem to have any use of himself then. Then I held him u there and in a very short time he seemed to get better. Then he walked ovi to the Superintendent and the Superintendent asked him if he thought he w: going to fight any more. He looked like he wanted to lay his head on h breast, and did sorter lay his head up there and began to cry and said th lemonade made him drunk, and Dr. Grissom said water made some peop drunker than whisky did others. Then Dr. Grissom went on back out of ti ward again and Cone went out in the hall and took a seat on the bench. When he w r as strapped it was as a punishment? A. I suppose so. When Cone was punished that was a punishment for fighting, was it? Yes, sir; several have been strapped since I have been here. Do you remember the names? A. Kenneday and Williams; I do not: member others now. i 37 CROSS-EXAMINED. At the time that Henry Cone, as you say, was choked and slammed down on the bed and had a bucket of water thrown in his face by Dr. Grissom, what other persons were present? A. The servant was in there when he dashed the water in his face and saw him put his foot on his neck; the servant had not got to the room when he choked him with his hand. Did the servant hear him curse him? A. I reckon he did; he was in the room at the time. Did you say in your direct examination you saw him that same afternoon Out in the ward sitting on a bench? A. I said that afterwards when the Super¬ intendent came in he walked off across the hall and sat on a bench. How long after he was mistreated, as you say, before you saw him sitting on he bench in the ward? A. Ten or twelve minutes. Were there any bruises? A. Ho bruises. Did he require medical treatment or receive medical treatment for the njuries inflicted upon him by Dr. Grissom? A. No, sir. Do you know that Henry Cone is in the habit of suddenly springing upon isitors, attendants and others that come near him? A. I have known it to >e the case several times. Do you know that upon this occasion he sprang upon Dr. Grissom suddenly? 1. I suppose so; they were together when I saw them. Do you not know that he is on the average above the ordinary strength, and ,'hen he gets in a paroxysm is he not a very strong man ? A. I think he is a ery strong man according to his size. Dr. Grissom testifies: “Henry Cone was admitted here Nov. 19, 1883. He was a peculiar patient; ad the habit of jumping on and choking people; made assaults of that kind a me several times. On one occasion he jumped on me very suddenly. I >ok hold of hirmas he jumped at me with both hands, one on each side of his isck, taking him in that position for the purpose of checking him. On occa- ons of attack his face would become suffused and his eyes red with conges- on. I found the easiest way to subdue him was to take him on each side of e neck with both hands. He was in the habit, when quieted in that way, of igning a sort of collapse, and generally seemed to be in a sudden good humor, •a the occasion alluded to, I suppose, he seemed rather persistently violent, id I either threw him or directed him to be thrown on the floor. He con- med his struggle, and I ordered some water and threw it in his face with a ew to making a deep mental impression upon him, that other restraints ;med not to have, and with no view of punishment or torture. He then ■ sumed his collapsed condition, and seemed entirely submissive. I left and :rn saw him sitting out in the reception room quite as well as when in his ’id intervals. There was not a scar upon him and he was not hurt physi- 38 eally. He is now much improved. The sudden attacks have almost ceased and he frequently assists the servant in cleaning up the room and ward. ] think, in some cases, insane persons can resort to tricks to deceive people Insanity is not a destruction of the mind, but a disease of the mind. It is n< more a death of the mind than sickness is a death of the body.” “In my long experience in handling patients safety suggested a pressur upon the arteries leading to the brain to prevent a rnsh of blood, and in con sequence I was in the habit of taking patients by the neck, with one hand 01 each side of it. “With a view to making a deep mental impression” ! The same old subterfuge! When Dr. Grissom punishes as insane man he calls it “making a mental impression” and whe> he punishes him severely he calls it “making a deep menta impression. ” In this case there are two witnesses, Mr. Farrell, who resigne “because he didn’t like the business,” and Mr. Norwood, who i still an attendant here. Neither of these witnesses has bee impeached in any way, and no evidence has been offered to sho 1 that they are unworthy of belief, and therefore their evidenc is before you as worthy of credit. Now, gentlemen, I ask you, two men should get to fighting out on the court green, and a thir man should hold one of these two and one of the combatan should choke the other thus being held, wouldn’t he be denounce as a coward by all honorable men? Dr. Grissom says to this poor insane man, Cone, I don’t wai to hurt you, old fellow; I have no idea of punishing you, but am going to make an impression on your poor, deluded mind, I have to choke you nigh unto death. “In my long experience in handling patients safety suggest* a pressure upon the arteries leading to the brain to prevent rush of blood, and in consequence I was in the habit of takii patients by the neck, with one hand on each side of it.” Was in the habit of doing it! But he simply put his han on the sides of the neck in order to prevent a rush of blood the brain !—that was his sole purpose! and who shall dispi his declaration ? For he is a great and wonderful man, givi light as it were to all the medical world ! We know he isgre 39 for his counsel have told us so ! But all the brains of this earth do not rest in that great head and we ourselves have some little sense. We know that the carotid arteries, leading from the heart along the neck to the brain, are protected by and lie immedi¬ ately under the strong muscles of the neck; and that no such gentle pressure as that described by Dr. Grissom could stop the rush of blood along these arteries. And we also know that to 3 ontrol the amount of blood going to the brain the pressure nust be upon the arteries alone, and not upon the veins. To accomplish this purpose it is necessary to make precise and defi- aite pressure with the end of the thumb, or some equivalent, and dso that the patient shall be quiet—or at least not struggling, [f you grasp a struggling patient “ on each side of the neck with 3 >oth hands” you may indeed accomplish “ pressure upon the irteries,” if you use sufficient force, but you make at the same ime a greater pressure upon the veins, which convey the blood rom the brain; and thereby you prevent the outflow of the train’s blood, and dam it up, as it were, in the brain. Indeed, he effect is closely analogous to the congested condition of a nger with a string tied around it: the blood goes in by the rteries, but cannot get out through the veins, because the veins re more compressed than the arteries are. This, therefore, ould produce a worse condition than no pressure at all. This ii the most absurd and ridiculous story we have yet heard! i call upon the counsel on the other side, when they come ) reply to me, to tell us what alienist, even amongst those ho are the most enthusiastic advocates of mechanical restraint, as ever said that it was proper under any circumstances, ccept in cases of necessary self-defence, to choke a patient, ut it seems that this great authority—this wonderful man -loaded, as it were, with regalias, insignia and all sorts of mors, civil, military, medical, masonic and church—has set mself up as greater and more learned than all other men, I id in this enlightened age oracularly declares that in order j, make a deep mental impression upon an insane man it is oper to choke him until his breath has almost gone, and then, 40 to make the mental impression still deeper, dash a bucket o water in his face ! And it is no wonder that after such treat meut poor Henry Cone “was in a collapsed condition. ” Th by-laws direct that the patients shall never be pushed, collaret nor rudely handled, and that violent hands shall never be lai< upon patients under any provocation, and yet we find that th Superintendent of this institution, without necessity and withou cause, as a punishment for what a patient had done, chokes hin and dashes water in his face until, as the Superintendent himsel says, he was in a collapsed condition. If you can find Di Grissom innocent of this charge, by all means do so; but i order to do so you must find that the three witnesses, Farrel Norwood and Grissom himself, have committed perjury ! Would you like for one who is dear to you, who should b chance be so unfortunate as to be placed as a patient in this inst tution, to be treated in this way? If you would, acquit D Grissom. I will now ask you to consider the case of MBS. LOWTHER. Mrs. B. C. Jones for die defence testifies: Were you ever connected with this institution? A. Yes, sir. How long were you here? A. Not quite eighteen years. What position did you Hold here? A. Well, when I first came I was ext attendant, for the (first few years filling the places of those attendants w were away or off duty and I then was made chief attendant after about fo years in the female ward. Did your business as chief attendant bring you in company often when was waiting upon the patients? A. Very frequently. Do you know about the restraint that was used here in the institution? Yes, sir. When was the restraint by strapping the patient to the bed used? A. right many cases. Under what circumstances? A. When they were violent or when tl were injurious to themselves or other people or each other. When the patient was restrained to the bed what were the directions of I Superintendent in respect to resting the patients? A. They were to be tak up and rested at least two or three times a day. 41 >id you ever know of any one to be restrained without being rested? A. rve known some few who would not be taken up. )o vou remember those cases? A. There used to be a Mrs. Stvles that " f :1 to be restrained and she was so violent at times she would not permit any to take he«- up. o you know of any improvement resulting from this treatment of restraint ;he patients? A. Yes, sir; I think I have known it was beneficial. They roved rapidly afterwards, some did. ou were the attendant who restrained Mrs. Lowther under the directions of Grissom, are you ? A. Yes, sir. o you remember the circumstances under which she was restrained ? A. I do know that I remember every part of it, but it was to learn her to control her- \some way, to learn obedience. * hat was her condition in respect to her insanity ? A. She was very excitable, if you wished her to do anything that was necessary and she did not want to t, she would spit upon you and kick you ; she would not take a bath or 'would go in and eat. d you remember the time she was restrained (we come to the time of her -aint before her death), how long she was restrained and all about it, if she taken up and rested ? A. She was restrained as much as two days, and as usual rested as the usual patients. ow often ? A. As much as twice a day. d you see her after she was released ? A. Yes, sir. d she go in her room and take her bath ? A. She took her bath in her room, hat was her condition afterwards ? A. Just as it was before, as far I have pvered. )w long did she live? A. She did not live more than two or three hours, I s; I could not exactly tell the time. as there any evidence of any injury by restraint? A. None in the world, as the restraint in her case as usual ? A. Yes, sir. CROSS-EXAMINED. Inderstand you to say that Mrs. Lowther was strapped as long as two da3*s ? es, sir. w long was it after the release, the last time, before she died? A. I guess ;s two or three hours ; I am not exactly certain about it. rat was Mrs. Lowther strapped for? A. I do not remember the very thing b$s strapped for. sk you if she was not restrained on Thursday and did not remain restrained day evening? A. She was released on Saturday. I do not remember the ■ he was restrained. s she not kept there Friday night, and were not the orders not to release her ii she would agree to bathe ? A. I do not remember that. . you say that Mrs. Lowther was or was not a violent patient ? A. I said } j as violent and excitable sometimes. ■I W. Thompson, recalled by the prosecution, testifies : 42 Do you know when Mrs. Lowther was a patient in the institution? A. March, 1885. Do you know the contents of the report in regard to her being strapped? I recollect a portion of them very distinctly. State what that was. A. I recollect reading the report that she was strap to her bed either for spitting at the Superintendent or for cursing him. How long was she strapped ? A. For as much as two days ; I remember ri ing it two nights. I recollect distinctly that Mrs. Lowther was released and d What time of day was she released ? A. I cannot recall exactly. She diei the afternoon. She was strapped to the bed two days for spitting at the Superintendent she remained for two days, and on the same day she was released she died? Yes, sir. « i , Question by Dr. Foote: I wish to know whether the witness intended to convey the idea that she continuously strapped to bed ? A. I do not recollect that the report stated she was released during that time. How old was Mrs. Lowther? A. She was more than fifty years old. CROSS-EXAMINED. This old Mrs. Lowther was strapped to the bed ? A. That is what the re said. As to this you have no personal knowledge ? A. No, sir ; it was what the re said. I recollect I read it before the officers of the institution. Is it the duty of the attendants to report all discipline of the patients tc officers ? A. They do ; that is their duty. These reports were received by mt matron received them from the female department and the steward from the department, and there was a stated time for reading them. Who were the attendants when Mrs. Lowther was strapped ? A. I dc know, sir. Who was her attendant, Mrs. B. C. Jones ? A. I am not positive. Is she an employee of the institution now? A..No, sir; she has been more than a year; the last time I heard of her she lived at or near Ral Don’t you know she was a citizen of Granville county? A. I do not. Who.was the night attendant? A. I do not recollect, sir. Who made the report about the strapping? A1 The attendant of the wa do not remember the name. State, if you please, why it is that you can remember the substance o report and cannot remember the name of the attendant making the report As to the night attendants, I rarely ever see night attendants. Sometime! not know who is night attendant of the female department. My impress: that she was Miss Mattie Toler, of Fayetteville. She h&s married since i now Mrs. R. Smith. You read all the report yourself ? A. I did. When did you say that this strapping of Mrs. Lowther took place ? refreshed my memory where I keep the number of graves and date of de< buried her. She died March 14th, 1S85. 43 o you remember the fact that she got up and washed her face and attended ier business and duties and died about two hours afterwards ? A. I do not ember the report stating that, but understood that she died soon after she got not immediately. id you understand that she died of heart disease ? A. No, sir. There was no ;e assigned in the report. 'ho, at the time, kept the book and cause of death of patients ? A. I do not w who keeps it now, 1 do not know. Vlrs. Watson testifies : d you know Mrs. Lowther? A. Yes, sir; I had charge of her a short time. ,s here when she died. d you see her when she was restrained? A. I passed through the ward at Jme. hat was the character of her insanity an£ what was her conduct ? A. She very unpleasant; she woald throw things about, and spit in one’s face ; she !d give the patients a shove to get them out of the way, and would hurt them Ines. She was a very excitable patient at times ; she would use bad language, it was necessary to restrain her at times, to restrain her for the purpose of ;;ing her and to control her. She would throw anything in your face she 1 get hold of, and she would do anything she could to hurt the feelings of »ne. )r. Grissom testifies; Irs. Lowther came here in June, 1881, and died in March, 1885. She had lie mania and delusions. She would not allow herself to be controlled. In thing she had to be managed by force and would tight the attendants. I lined her to the bedstead with the view of trying to impress her with the impro- • of her conduct. She was restrained one night till the next morning and was ed frequently. The next morning she took her meals in her room, seemed i as well as usual and died in about two hours. She was restrained only that tight. I do not think the restraint had anything to do with her death. ” may not be improper for me to say that Mrs. Lowther was wife of a most excellent physician of one of the eastern ties of the State; that she herself was of excel lent, family, i her childhood had been accustomed to the refinement and lire of the best society, and, until she became insane and was ght to this Asylum for treatment, had been surrounded by he comforts and luxuries that wealth affords. When the il of her who was dearer to him than all the world besides s;d into that dark and awful shadow of insanity there was d tless some comfort to her husband’s bleeding heart in the 44 thought that in this institution of noble charity, in the hanc this Superintendent of so much learning and experience, would be tenderly cared for and, if possible, gently and lovii led out of that terrible shadow into the bright and blessed 1 of health and reason. Remember that all these witnesses—Mrs. Jones, Mr. Tho sou and Mrs. Watson—swear that she was strapped tico a Dr. Grissom testifies that “she was restrained one night ' the view of trying to impress her with the impropriety of her duet.” Mr. Thompson says the daily reports showed that was strapped to the bedstead either for spitting at the Sup* tendent or for cursing hiyi. Mrs. Jones says she would bathe or go to the table and eat and she was strapped to t her obedience. So that whether you believe the evidence o> the witnesses or only that of either one of them you must elude that this insane lady was strapped as a punishmen something she had done, or had refused to do, and concer which she had no power to control herself. I imagine the truth to be that Mrs. Lowther, a poor, old sane woman—fifty odd years old—refused to go to the bath-i when ordered, and insisted on bathing in her own private rr To make her obey orders—“to teach her obedience ”—as Watson, a witness for the defence, says, she was delivered ov the cruel embraces of that terrible machine of torture, the strap. One of Dr. Grissom’s witnesses dwelt upon the fin* cipline with which this institution was managed. He said th had been at various institutions of this kind and that at no them did he observe such strict and excellent discipline as he f here. «Poor old Mrs. Lowther, far away from the protect# home and kinsmen, turned over to the tender mercies of great philanthropist, simply because she was a little stub was tortured—yes, tortured to death ! Why were not kin tendauts placed around her? Why did they not humoi notions of this poor, old, insane lady? Why did they not her with kindness and gentleness? Why did they not take on her and let her bathe in the privacy of her own room, 45 ig so it would give to her one minute’s comfort, or ameliorate iota her unhappy and wretched condition ? Ah ! That Id not be done ! That would interfere with the discipline of institution ! I, the Czar, must be obeyed ! Discipline ;t be maintained at whatever cost or misery, fader the laws of this Asylum whenever a patient dies there t be kept not only a record of the death but of its cause. . Lowther died on the 14th of March, 1885. l the report of the Superintendent for the year 1885, which )w hold in my hand, I find that opposite the name of every ;nt who has died at this Asylum during the period covered his report the cause of death imprinted, except that of the who died on the 14th March,' 1885. The counsel on the p side would have you believe that she died of heart disease, lis be true, why is it not so written in the records? If it be that when she died no cause of death was known, it was o the good name of this institution, it was due to the Super- 1 dent himself, to have had an autopsy so as to ascertain with inty the cause of death ! Thank the Lord for the hour ! died! Thank the Lord for snatching this unfor- e, wretched old lady from the merciless embraces of the itrap, and taking her to that happy land where insan- nsane asylums and tender-hearted, philanthropic superin- nts are unknown. ntlemen, I do not know how these things affect you; but ifess that when I reflect upon such scenes my blood rushes i the arteries of my body and back again to my heart until ns that I cart endure it no longer. 'ey have called upon a large number of witnesses to ‘testify f the character of Dr. Grissom. They have called upon Lers of the gospel to show how he behaves on Sundays, e have called upon gentlemen who were directors of this ition twenty years ago to prove that, so far as they knew, ? the term of their offices, there was no cruelty here, ill upon Mrs. Lowther’s spirit! When one “ shuffles off ortaj coil ” and the spirit takes its departure, it may fly to 46 worlds above and be forgetful and unconscious of its fore home, or it may, unseen by us, observe and take an interest the affairs of earth, but I feel that the spirit of Mrs. Lowt is before you. I feel that she now stands by me and insp ; me with words of denunciation of the man under whose ore she was tortured to death. The testimony of Mr. Guthrie was exceedingly interesting me. I don’t know when anything has impressed me more, he told us how, when he was insane, his imagination ran w how even when delusions and hallucinations in countless ni bers took possession of his brain lie was keenly sensitiv what was said and done in his presence, how at times the sj of stubbornness overcame him, how all these things were in bly impressed upon his memory, and how, even now, he rem bered with great vividness everything that occurred durin period of his insanity, I could not help thinking of poor Mrs. Lowther. Different persons have different ideas as to what is hell, s believing that it is one thing, some another, the old-fashii notion being, I believe, that it was a place of fire and brimsl presided over by the Devil, who passed around with his longi and his forked stick, stirring up the spirits and the fire, the modern idea being that it is a place where wicked and ur doned souls suffer from remorse, their agonies being so gri to be compared to the pains of fire and brimstone. I co that up to the time of this trial my ideas of this place of tor were uncertain, vague and misty, and I could not imagine it was. But now, with pencil and paper, I can, in a few utes, picture to you this place of torment. Here it is! Mrs. Lowther, tied hand and foot, limbs and body, strap pi on her back! See the agonized expression of her counten Here she has been for two long days and nights unable to Poor old Mrs. Lowther! Wretched and unfortunate! mind a wreck ! As the bright sun for a moment shows j through the dark and lowering clouds, so, perhaps, comes mind the recollection of that sweet old home where a JongJ 47 she had spent such happy days and where she was accus¬ ed to bathe in her own private room, and being so impressed i this dim recollection of the past refused to go to the public -room. Instead of having her fancy humored, she is rudely lied, cruelly treated, tortured to death. If this be not hell, that place is more terrible than the mind of man can imag- It is almost enough to make us doubt the existence of a t and merciful God that such things are permitted, s I have said before, I do not beg you to convict Dr. Gris- of this charge. Acquit him if you can! If Mrs. Low¬ ’s spirit could speak to you she would also say, “Acquit him on can !” But, gentlemen, when you have done so, as you out, inscribe in letters of blood over the great doors of this lum, “Who enters here leaves hope behind.” 7 Dr. Grissom shall go unpunished for his treatment of Mrs. 'ther, if by acquitting him of this charge, you indorse and ove such treatment, and then I should be so unfortunate as ecome insane, I pray that some kind friend may take pity le and put an end to my existence. Rather let me go with- warning and without preparation, to answer for the deeds in the body, trusting to the mercy of a great and good God, to bear for even a few short days the punishments and the res of this Asylum, le next case is that of J. D. L. SMITH. lian C. Bevers testifies: you ever have employment at this institution ? A. I did. you know a patient by the name of J. D. L. Smith? A. Yes, sir. >ou remember anything as to his treatment? A. I remember him being 13 d to the bedstead. n ? A. During the year 1886 ; I do not remember the month, t was the cause of his being strapped ? A. For trying to get out or for ! to break a guard oil window; the attendant reported him to me and I hd him to the Superintendent, and he ordered me to strap him. I there any bedding on the wall of that room ? A. No, sir; only mattress ^ or Smith ; no bedding on wall or on floor, ag any one kept in that room but Smith ? A. No, sir. 48 Superintendent ordered you to strap him ? Yes, sir. And you did so ? A. Yes, sir. Who was present ? A. Three attendants and myself. Did Dr. Grissom come iu while it was being done? A. Yes, sir. What did he do ? A. He asked Smith what was that he said when he : came in. What answer ? A. I do not think he gave any answer at all. What was it he said ? A. He made a remark about him and the matron jui he was entering the door. What did Dr. Grissom do ? A. He walked up in front of Smith and said, “ away ; I have a great mind to kick his guts out,” and raised his foot, but did strike him ; he said he had a mind to kick him, that he ought to have been in penitentiary, ought never to have been brought here ; that if he had justice c he would have been hung. How long did he remain ? A. He remained some four or six hours; he strapped in the afternoon and released at nine. Then what became of Smith ? A. He was put back in the strong room w he came from. Do you remember noticing another time Smith was strapped ? A. Yes, sir What was the cause of that ? State all the things you know about it. A. sent the Superintendent an insulting note by me. What did the Doctor do or say when he looked at it'? A. He looked at it, it in the waste basket and said strap him. Did you strap him ? A. I did. How long did he remain that way ? I do not remember; a few hours. CROSS-EXAMINED. What sort of a patient was Smith ? A. A very troublesome patient; his i| ence was bad on the patients. Do you know he was sent here for trying to burn a bridge ? A. I heard scl Has there been a patient here that has been more troublesome and whose e | pie was worse than Smith’s ? A. No, sir. Has he ever been subjected to restraint of any sort that was not neces| wholesome restraint (objection); question withdrawn. The strong room you speak of was fitted for Mr. Smith ? A. Yes, sir. The mattress that was put in the room extended up the sides ? A. TheJ tress was padded and extended about twelve feet up the sides. Would it not have been dangerous for an attendant to have stayed in that j with him ? A. Yes, sir. This mattress was on the floor ; a comfortable mattress and bed clothing| Yes, sir. He was quite a mechanic for making keys? A. Yes, _sir. How many times has he escaped from the ^institution ? A. Once duriij stay. Did you hear of another escape ? A. Yes, sir. What was it when Dr. Grissom came in ; was it as vulgar and filthy as coij used ? A. He was abusive, but not so vulgar as I have heard him. Was not the note he sent as vulgar and abusive as you ever saw ? A. I ttj was. 49 Do you know when Dr. Grissom came up here and raised his foot at him that ! thought that Smith’s language was the teaching of Dr. Rogers and Mr. Thomp- n ? A. I do not, sir; I have no right to think what he thinks. I cannot read a in’s thoughts. Did Dr. Grissom tell him that he thought that language was the teaching of r. Rogers and Mr. Thompson ? A. No, sir ; he did not. Smith, while here as an insane person, has plenty of sense to know right from *ong ? A. I think he has. RE-DIRECT. ire you an expert ? A. No, sir. I think he has the sense, but can’t control it. Mr. D. K. Farrell testifies: )o you know a patient named J. D. L. Smith ? A. I do. )o you know of any unusual treatment of him by the Superintendent ? A. He il him strapped to the bedstead twice; I think the first time about the latter it of September, 1886. Vhat were the circumstances connected with it ? A. Well, Smith was in the mg room built for bad patients; he was supposed to try to break out of the I itution ; he was locked in that room alone ; by some means he got hold of a ;e of iron and made a key and unlocked the door and it was reported to the erintendent by the chief attendant, I think about 3 o’clock in the evening, tbe four. Pretty soon I received word to help strap Smith to the bed, and did strap him. I think the Superintendent came in before we were quite fin- id. We kept him there from that evening about 5 o’clock until next morning, about 8 o’clock. I gave him his meals, supper and breakfast. I think he got pnce to attend to the calls of nature about 9 o’clock that night; he was then pped again after being released a short while.’ 'hat effect did the strapping have on Smith ? A. I think it made him meaner ; Jethingdid; I cannot say it was the strapping, but something did; he got liner. ,j hy was he strapped ? A. Because he tried to break out of the strong room. 1 treatment made him meaner, I think. ru spoke of another time when Smith was strapped. A. I do not remember ; 3 time in 1887. ill you tell the circumstances about the strapping? A. It was because he vulgar and insulting note to the Superintendent by Mr. Bevers, who was ig as chief attendant at the time. I cannot remember how long he was >ped by the Superintendent to the bed ; he was ordered to be strapped by the rintendeut; he was strapped pretty tightly. I cannot remember what time s; I think he was released some time about 9 o’clock that night, is there an attendant in the strong room with him ? A. No, sir. *w long did he stay in the strong room ? A. He stayed there all the time jis they took him out to strap him to the bedstead ; there was no bedstead in Jjtrong room ; there was a mattress; I left him there when I resigned. you know what effect this treatment of Smith had upon his mind ? A. ^ [Ijv cannot say about that, but he got worse daily, but I do not know what d it. * 4 aifl 50 CROSS-EX A MIXED. I ask you if you do Dot know that J. D. L. Smith in the Asylum is criminall insane? A. No, sir. Do you know that he was sent here for burning a bridge over Cape Fear River A. No, sir. Do you know that he is a mechanic and can make most anything ? A. Yes, sii You say he was in the strong room : is that not a padded room all over the floo and extending up the sides of the walls? A. No, sir ; not when I was there. Do you not know that J. D. L. Smith is a vigorous young man ? A. He looke so. Do you know that he broke out and had to be arrested in Fayetteville an brought back? A. No, sir; he escaped from the institution and had to b brought back. Do you not know that on another occasion he was arrested by a party of uegroe about nine miles and a half from here and brought back ? A. I know he escape and was brought back. Don’t you know that nothing can be kept in the strong room ? A. Yes, sii nothing of w'hich weapons can be made. Mr. G. A. Poole testifies : Do you remember a patient named J. D. L. Smith ? do you remember any unu ual treatment of him ? A. Nothing but being strapped to the bed. What was he strapped for, and how long did he remain ? A. He was strappe for unlocking a window ; he was released about 10 o’clock; he was strapped as punishment; he was reported and strapped. Was he strapped loosely or tightly? A. Rather tightly; he complained ar the straps were loosened after a while. (Witness shows how the strap works). T1 patient w r as strapped to the bed on his back; could move his head a little, bi could not raise his shoulders. What arrangements were made by which he could be released for purposes c nature ? A. They generally made arrangements for that; unless arraugemen were made he would relieve himself on the bed. He was strapped for what purpose? A. For opening one of the guards of tl window in his cell, and while the carpenters were working on the room he w. getting out the window, and I reported it to Dr. Grissom and he ordered him be strapped ; he remained from 3 or 4 o’clock until the next morning about 10. Do you remember that he was strapped another time ? A. On the evening the day he was released he was again strapped that evening and remained fro 5 o’clock in the evening until 8.30 when we put him in the strong room to slee What was in the strong room ? A. Nothing but bedding and spittoons. What did the bedding consist of ? A. Mattresses, sheets and pillows. What effect did that have upoD the patient Smith? A. I do not know that noticed any change in him. CROSS-EXAMINED. He was not violent, you say ? A. I did not consider him so. You do not call a mau violent w'ho often strikes other patients and attendant How long were you here ? A. Only about three mouths. 51 « I You were hardly here long enough to enable you to conduct an institution and tell whether punishment and restraint were necessary, were you? No, sir; I think not. I think I ask your opinion as to whether the restraint was beneficial to Smith ; were you here long enough to tell whether the restraint was so or not ? A. I saw no change and left shortly after that. J. A. Tucker testifies : Do you know J. D. L. Smith? A. Yes, sir. Did you ever see him strapped ? A. Yes, sir. What for? A. I have seen him strapped several times for different things. I know he was strapped once for trying to bite a piece out of his arm. He was standing in his room quiet just before he was strapped. Another time, what, was he strapped for? A. I do not remember. It was always as a punishment for something he had done, and sometimes to prevent him from doing something. What something was he prevented from doing ? A. I don’t remember. He has threatened to do things and been strapped to prevent him from doing them. Do you know of patients being put in the strong room? A. Yes, sir. Who were they? A. I have known Smith, Wortham and numbers of others I cannot call names of. What were they put in seclusion for ? A. Sometimes for one thing, sometimes as a punishment for what they had already done, and sometimes they were too much excited to be with other patients. CROSS-EXAMINED. Have not Lan. Smith and Zeb. Williams sense enough to be subjects of disci¬ pline? did they have sense enough to know what they were strapped for? A. I think so. W. J. Crutchfield testifies : Did you ever see J. D. L. Smith strapped ? A. Yes, sir. How many times? A. I do not remember. What was it for? A. Sometimes for one thing, and sometimes for another. At one time it was said he had matches and would not give them up; they said it was for this. I do not know what it was for. K J. A. Norwood testifies : What is your business ? A. Attendant of this Asylum. Do you know a patient named J. D. L. Smith ? A. I do. Do you know anything unusual of his treatment ? A. Yes, sir; he was strap¬ ped to the bed once and I helped. When was that ? A. March of this year. Under whose orders ? A. Dr. Grissom’s. For what was he strapped to the bed ? A. For taking screws out of the window h his room. 52 * State all the circumstances connected with it. A. Beyers and I were putting cuffs on ; he asked how Dr. Grissom looked when he reported it to him, and Bevers said he did did not know how he looked, and patient said he looked like he had just * * * * and Dr. Grissom walked in and said, “ What is that you said ? I will kick his guts out of him. ” He said he was a great mind to kick him under the chin and break his neck, that he was the meanest man that ever came here, and that he never ought to have been here; he ought to have been in the penitentiary, and if justice had been done him he would have been hanged. Do you know why the Superintendent ordered him to be strapped ? A. Because he took the screws out of the window and unlocked the window guard. After Smith bad taken the screws out could he have gotten out ? A. I do not think he could have gotten out until judgment without something more than he had in there ; there were two new, heavy sets of bars. What effect did this strapping have on Smith ? A. No good effect, that I know of. - How long was Smith kept in strap? A. He was strapped that evening and removed that night to another room. Where is Smith now ? A. He is in the fourth ward, first floor. Is he confined in that close room ? A. He sleeps in there at night, but is not locked in there at day. Is he allowed any exercise ? A. He walks out doors with other patients. He has been strapped several other times since I have been here. Do you know the cause for which he was strapped ? A. I think the last time he was strapped was for biting a piece out of his own arm. *• What were the other causes—do you remember ? A. I do not recollect exactly now. Could he have been prevented from biting a piece out of his arm by giving him one or two attendants? A. Yes, sir; very easily, I thiuk. I think one could have attended to him very easily. Could he be prevented from interfering with the screws of the window, etc., by the personal attention of an attendant? A. I think he could. Is he a violent man ? A. Well, he is ; I do not thiuk so very violent. He talks big. How does he act ? A. He fights sometimes. He has struck one or two patieuts since I have been here. He would just strike them and go on. Did be have any attendant with him ? A. No, sir. Was he strapped for striking ? A. No, sir. What was done with him ? A. He was locked up alone in a room. Does he ever have attendants? A. He has never had one since I have been here that I know of. I suppose this strapping etc., has changed Smith’s disposition ? A. I do not see any change in him. How many times did you say you had seeu him strapped? A. He has been strapped several times since I have been here. I do not remember how many. I have been here a little over two years. To what extent is Smith confined in that room ? A. He was locked in there when I came here, and he was in there several months afterwards; they told me he had been in there some time. 53 How was he fed? A. By the attendant, which was generally handed to him through the trap-door; two attendants had to go to him. Did you ever go into his room alone ? A. Yes, sir. Did he offer you any violence ? A. No, sir. CEOSS-EXAMINED. Was not Lan. Smith iu the institution as a criminally insane person ? A. I have been told so. Did he not once break out the bars, and get out, and go to Fayetteville ? A. I have heard he did. Did he not again escape and was re-taken by Mr. Thompson ? A. I heard so ; that took place before I came here. Has he not made false keys and unlocked doors? A. I have never seen him unlock a door. I have seen him have false keys. Do you know that recently he cut his arm with a piece of tin and threatened to bleed himself to death ? A. I know he cut his arm once. Do you know that another time he had another piece of tin on him ? A. No, sir. Do you know that he is in the habit of striking patients and then denying it ? A. He has struck them once or twice, but I always saw him. Do you know of his bruising the patients on the fifth ward ? A. I have heard that he did, but I was not in that ward. Do you know that once he had a special attendant? A. Not since I have been here. Do you know that his special attendant was so annoyed and worried that hi" threatened to leave the institution ? A. If that took place it was before I came. Did not Dr. Grissom give the order for him to be bound because he was break¬ ing, or attemping to break out; and before he went in the room, when you say he threatened to kick him ? A. They told me he gave orders for taking out screws and breaking locks. Were not those orders being carried out at the time Dr. Grissom came in ? A. Yes, sir. Do you know that Lan. Smith is in a much better condition than he was at the time he came to the institution ? A. I do not see any difference in him. Did you not say in your direct examination that when you came to the institu¬ tion two attendants were required to be with him, and that now he can exercise with other patients ? A. When I first came here it was the rule that not less than two attendants were to go in his room at once, in the strong room. Yes, sir; he goes out with the other patients with the ordinary attendants. These witnesses, against whose characters there has not been a whisper, are entirely disinterested and are in every way worthy of full credit. Then comes Dr. Grissom—deeply, intensely in¬ terested—with all that he holds most dear dependent upon the ssue. He testifies as follows : 54 “ J. D. L. Smith was admitted here from Cumberland, Jan. 1st, 1889, as crimi¬ nally insane, having been tried for an attempt to burn a bridge near Fayetteville. His insanity is peculiar—what some alienists would call a moral insanity—that is, more a disease of the emotions than the intellect. He was the most persistently mischievous and demoralizing patient ever here since I have been here. He has been frequently spoken of by Mr. Thompson and others as the worst man they ever knew. He was in the habit of making false keys of wire and unlocking the ward doors. He once escaped and went to Fayetteville. He was brought back, but escaped again and was captured in the city of Raleigh. His delight seemed to be to annoy as much as possible everybody connected with the institution. He had to be secluded except when let out for recreation. He frequently sent me vulgar and insulting notes. On one such occasion I directed him to be restrained to the bedstead to prevent the effect of his demoralizing conduct in the wards on other patients. He was an epileptic patient, having these attacks at long inter¬ vals. He frequently had what the attendants and myself thought were feigned attacks of the epilepsy, and on such occasions would bruise his feet against the wall. We had made for him a mattress covering the whole floor of his room and extending up the walls of the room for several feet. His restraints were always of short duration, because I restrain epileptics for only a short time with orders to w'atch them while under restraint. He had a habit of concealing about his bed pieces of wire and matches. Afterwards I tried a different treatment by allowing him larger liberties; but not being satisfied with this, and having been refused a request to go out at large, he recommenced making false keys, etc. I directed him to be secluded. It was soon reported that he had cut his arm and threatened to bleed himself to death. I then ordered him to be restrained. On passing his room I heard him talking in a most vulgar manner, connecting my name with a lady’s. This I thought was the result of the wide insubordination in the wards. The allusion was infamously false. I was powerfully overcome with anger. I raised my foot and said, ‘You are a bad man. I have a notion to kick you. If you had justice done you, you would be in the penitentiary. ’ This was but an echo of what I always thought and think now. I did not kick him or touch him. He was restrained for only a short time. Since then he has behaved better than he ever has since he has been here, and enjoys larger liberties than ever, attend¬ ing the dances, chapel services, etc. I have conversed with him about these restraints and think their effect has been to improve him, and think he appre¬ ciates it. ” “ He frequently sent me vulgar and insulting notes. On one such occasion I directed him to be restrained to the bedstead to prevent the effect of his demoralizing conduct in the wards on other patients. ” Tell me, gentlemen of counsel for Dr. Grissom, if you can, by what medical authority, in what asylum, has any insane man been strapped to the bedstead, delivered to the close embraces ot this cruel instrument of torture called the bed strap, because he had written an insulting note to the superintendent. If a sane 55 man should write you an insulting note, swift and just would come the punishment, but if his mind was diseased, if the hand of God was upon him, and his words and acts were beyond, his control, it would be cruel and cowardly to inflict upon him any punishment. But, says Dr. Grissom, he was “criminally insane, having been tried for an attempt to burn a bridge near Fayette¬ ville.” Over the court-house of Cumberland county stands a statue of stern, blind Justice. In that court-house, where cold ustice is administered and mercy is unknown, this man had jeen pronounced irresponsible for his act on account of his nsanity. The State says that she cannot punish a man who is nsane. Instead of sending him to the penitentiary for what inder other circumstances would be a crime, she holds out to lim the loving hand of pity. She sends him to this institution if charity in order that he may have gentle, soft-handed atteud- ,nts to soothe and nurse him, and eminent physicians to cure urn of his diseased mind. Yet we find that this man who, his ounsel say, is so wise, so philanthropic, and so humane as to ave won a national reputation, causes this insane man to be trapped and severely punished for writing him an insulting ote. “I directed him to be restrained to the bedstead to prevent le effect of his demoralizing conduct in the wards on other atients. ” Why did not the State, when he burned that bridge, send him ) the penitentiary to prevent the effect of his demoralizing con- uct on his fellow-citizens? The State did not punish him for ) serious an offence as burning a bridge; but this great, good an, this distinguished, big-hearted physician, ties him flat on is back because he wrote to him an insulting note. When Dr. Grissom read that great pamphlet on mechanical straint to the St. Louis convention, did he tell of this? And he had done so, do you believe he would have received any mors from that convention? No, indeed; he said nothing pout it. Let me read to you the closing paragraph of that pamphlet. ie writes like an angel : “ For ourselves, my brethren, we stand or fall not upon tin opinion of others, but upon the performance of a sacred duty not in blind adherence to any theory. Let us see, above al things, we use and do not abuse any means of treatment Go< has placed in our hands for the protection of his stricken crea tures, and we may fear not when they aud we come to a fina judgment before the Eye that seeth all hearts.” How would it have appeared to that convention if above thi had been written, “ On one such occasion I directed him to b restrained to the bedstead”? Can you conceive of an indescriba bly good God putting into the hands of this man that crue bed strap to use as a means of punishment on a poor insaue mai in his keeping for what he could not help? If any mind no of earth invented this machine of torture, it must have beei that of the arch fiend himself! Where is the man with on spark of bravery in his heart who would thus have taken advan tage of even a sane man in his power? On another occasion when Smith was being restrained to pre vent his cutting himself, says Dr. Grisssom, “On passing hi room I heard him talking in a most vulgar manner, connectin my name with a lady’s; the allusion was infamously false, was powerfully overcome with anger. I raised my foot aud saic ‘ You are bad man ; I have a notion to kick you ! If you ha justice done you you would be in the penitentiary!”’ Out of his own mouth is he convicted ! Cast aside if yo like the evidence of all these other witnesses who have testified i to this matter, and upon the testimony of Dr. Grissom himse you must find him guilty of this charge. There’s your philai thropist, without whom this Asylum could not exist, as we ai told by the counsel of Dr. Grissom. An attendant, a man wfc does not pretend to be a great philanthropist and who has r national reputation, and who, as counsel say, is “ fresh from tl cornfield,” must never lay violent hands on a patient. No when the Superintendent sets this example I dare to say, in spi of the testimony of his counsel, that he should be turned ot and sent away from this Asylum in disgrace. 57 The last case to which I shall call your attention is that of W. P. UPCHURCH. T. J. Harris testifies: Were you ever employed at this Asylum ? A. Yes, sir. What was your business here ? A. I was an attendant. Do you know a man named Upchurch, a patient in this Asylum ? A. Yes, sir. Do you remember anything unusual in his treatment by Dr. Grissom? A. I vv Dr. Grissom put his foot on his head, in August, 1883. State all the circumstances connected with that matter from beginning to end. Upchurch broke off a piece of iron and was trying to break the window out, :d Dr. Grissom was informed of it, and he and others came up there and we all nnt and put mattresses and got him and threw him down, and Dr. Grissom came 1 to him and put his foot on his head and said, “ You damn son of a bitch, how (es that feel?” Then I think he was restrained for a while by strapping to the M. CROSS-EXAMINED. Ibout this Upchurch matter; you say that Dr. Grissom ordered him to be eon- led, and that Dr. Grissom came in and put his foot on part of his face and neck ? l Yes, sir. Vhat else did he do ? A. He did nothing else that I know of ; he stood up on cb foot; it was the time he got a piece of strip from the window. Vere there many marks or bruises upon his face ? A. Little bruises here, but c not amount to anything ; I did not notice bruises. Mr. R. I. Hogan testifies : >id you know W. P. Upchurch? did you ever see anything unusual in the tiitment of this patient by Dr. Grissom ? A. Yes, sir. fill you state all the circumstances connected with the Upchurch matter? A. J Upchurch was in his room excited, and he tore a strip of iron off the win- dr and was trying to break through the window. The Superintendent and nself and another attendent got the iron away from him. The door was open a we ran in with a mattress and shoved him against the side of the house, and tla all ran up and threw him down and took the iron away from him ; Superin- tdentgoton him and stamped him, and put his weight upon his throat and si 1 ., “ You damn son of a bitch, how does that feel ? ” He was then strapped to a dstead. ow long did he remain in that position ? A. He was released the next day. lease explain to the Board what that process of strapping is. 4. They ai stretched out on a bed full length, and so fastened to the bedstead on his b: j that he cannot move his body, or his arm, nor his feet, nor his legs. When di fastened tightly he can raise the head a little bit, but cannot raise the stilder any. (The strapping apparatus is brought into court at Mr. Whitaker’s reiest and the witness describes to the Board how it is used). 3U say he kept him strapped to the bed until next day? A. Yes, sir; but I dc ot remember the time of day he was released. 58 Suppose the patient was in that condition, can he obey a call of nature? Yes, sir; on the bed he could. Is it the habit to unstrap them or do they discharge themselves in their clothf A. They generally discharge themselves in their clothes. CROSS-EXAMINATION. That was W. P. Upchurch you speak of? A. Yes, sir. Do you remember when he was committed to the institution ? A. No, sir do not. Do 3 r ou know that he was committed as criminally insane ? A. No, sir. . I Do you know that he shot a man nearly to death and was immediately coma ted to the Asylum ? A. I knew that he was at times. Did you not know that he w'as a powerful man when he was excited ? A. I sir; no more than others. Did you say he was defying the authorities of the institution at the time ? Yes, sir ; he had a bar of iron. Did it not take almost every man that could get around him to manage hi A. No, sir ; four held him. Did you say that he stamped him in his face ? A. Yes, sir ; he stamped him his face and mashed his foot down on his throat. Tell the Board whether there was a mark upon him. A. Yes, sir ; there w ■ marks upon his chin and upon his mouth. Did anybody see them besides yourself? A. Yes, sir; all that was there. Who were there ? A. Mr. Brewer, the steward, myself and another atteud t I do not remember. Do you not know that when Dr. Grissom went there, seeing this man struggl;, with you, all he did was just to place his foot there to assist you ? A. No, : I do not; that is not the fact. Were those bruises or scratches about his chin made by Dr. Grissom ? A. T p were, sir. Then he strapped him down ? A. Yes, sir; with that strap or one like it. Those straps were here when Dr. Grissom came here ? A. Yes, sir. Do you know that such restraint by straps is an ordinary way of restrain; patients in ordinary asylums? A. No, sir; I do not know it. Jno. W. Thompson testifies : Do you know anything of patients being strapped to the bed ? A. Yes, si: I i have seen them strapped frequently. Do you know for what they were strapped ? A. Sometimes as a punishmi-; sometimes to prevent them from breaking out. Punishment for what they had done? A. Yes, sir; what I heard it was. >r cursing the Superintendent sometimes. Several of the witnesses have spoken of your being present when Upchib was strapped in 1883 and badly treated by the Superintendent. Were you I'P ent ? A. I was. Will you state all the circumstances about the matter? A. Upchurch is | locked in his room excited, in what was then the third ward; he had broke» piece of iron off the window guard put there to hold wire in guard. He is 59 tiling in the room with a piece of band iron in his hand, cursing, excited. We •od see him from the wire transom over the door. There were present Harris, -han, Brewer, I think an attendant named Carpenter, but I am not certain b t him, the Superintendent and myself. We concluded to take a mattress and p door suddenly and rush up on him before he could strike with the iron bar; re repared the mattress; rushed on him suddenly; three attendants followed ij.-hrew him to the floor on his back ; the Superintendent rushed in and stamped iiin his face and said, “ You damn son of a bitch, how does that feel ? ” They oc him up or let him up. His mouth was bleeding and he was crying, tears run- ii down his cheeks. The Superintendent ordered him to be taken in another oc and strapped to the bedstead, which was done. 1 you know anything more about that; how long he remained strapped? A. ' dnot. , W. Thorapsgn on being recalled testifies, on cross-examina- I rink that you stated about the case of Upchurch that you witnessed the nan-yourself ? A. I did. Vs he a violent man ? A. Yes, sir. V s he a strong man ? A. Yes, sir. Vs he given to making much trouble with other patients ? A. I do not know hale would make much trouble with patients, but he would with attendants. Bwas in a defiant attitude, was he not, when he was taken ? A. Yes, sir. Aer some time he was taken with a mattress and held down, as you say; . ui he was held down Dr. Grissom came in and put his foot upon his face ? A. H e imped him about the face ; he was bleeding about the mouth. Yi were there all the time and saw all that was going on ? A. Tes, sir. D you see him put his foot on his neck and press him there ? A. I do not ecoict whether I did or not, sir. D you see him put his foot on him other than stamp him ? A. I don’t recol- tctiat. D you hear a witness, by the Dame of Hogan, say that he put his foot on his -elmd choked him that way? A. If that was done I do not recollect it. To be st of my recollection it was a stamp in the face. D you hear witness Harris say that he put his foot upon his head ? Is that >? lid the stamping upon the mouth produce anything like a serious wound ? ■ ■ I was bloody; I recollect blood and tears. Di you see any abrasions of the skin, or did it come from a tooth ? A. I bin t came from the corner of his mouth. IV n was that? A. Sometime in the slimmer of 1883. W it the same time testified to by other witnesses, Hogan and Harris ? A. :'es, r. Hi long was he confined ? A. I do not recollect. Hs; you any knowledge that when persons are strapped they are allowed to u trapped to obey the calls of nature ? A. It is not within my knowledge. Hi; you any kuowledge about it one way or the other ? A. No, only I have ben em soil the bed. W t were the Superintendent’s orders ; do you know ? A. No, sir. 1 I 60 By the way, gentlemen, there is a word or two I wish to i in regard to John W. Thompson. While the counsel for i Grissom have abused witness after witness and denounced 1 1 as perjurers and utterly unworthy of belief, not one word 1: they said in detraction of the character of Mr. Thompson, ; cept that one of the counsel has commented upon the fact t he has brought no witness here to testify as to his good chat ter. He needs none. John W. Thompson was born and re i in this immediate neighborhood. His -whole life is before ti t I have no doubt they have diligently searched the countrt find some flaw in the character and conduct of Mr. Thump 1 but not one word has been said against him and no man isri Grissom and asking you to find him guilty of these seiu charges, and to remove him from office, I ask you in justiit him to patiently hear what he has to say. He testifies as >1 lows: l: W. P. Upchurch was admitted here as a patient on January 12, 1878, ill here now. He belonged to the criminal insane and was decidedly homi view to holding him down till he should become quiet. In about a minuM paroxysm seemed to subside and I took my foot from his neck. He waspei restrained to the bedstead, I do not remember how long, to impress upotin 61 e ipropriety of such violence. I did not stamp him, because if I had stamped am the face, being under excitement, as we all were, I would probably have oln the bones of his face or nose. If I had stamped him on the neck, under e rcumstances, I would most likely have broken his neck. I did not stamp ai ay where; and there was no indications of violence except a little blood, hi did not come from my foot, but from the struggle. I remember with cucy the main incidents of this affair, because I regretted the bad example n;ht have on the attendants, as they might not understand the motives that onted me. The affair was reported at night, and the report contained no .■cl of violence, and no comment was made upon it. “ ilian C. Severs was once an attendant in this institution. He was not pres- t this affair. He became an attendant here in 1886, I think ; certainly not : f back as 1883. There was no attendant present named Bevers at this ei ence. Upchurch’s condition has wonderfully improved. At one time he d be kept in constant seclusion on account of his violence. He now has the irg; liberty in the ward and goes out-doors frequently for recreation. I don’t ■nuber what I said to Upchurch at the occurrence referred to. I was in the iblbf swearing a little when under excitement. If the testimony in regard to iguage is as exaggerated as the testimony in regard to my actions it is utitd to no credibility. ” I member, gentlemen, there were present Hogan, Harris, reer and Carpenter, four strong men, holding Upchurch, and ;tOr. Grissom says, “I put one foot on his neck with a iev to holding him down until he should become quiet.” “I id iot stamp him.” When Dr. Grissom, in that celebrated millet that we have heard so much of, prgtended to cite the isejif Upchurch, why didn’t he tell that great convention of uiiint alienists that with this insane man held to the floor by ontitrong men he placed his foot upon his neck as he would '0 the neck of a dog, and that then, “to impress upon him ' ipropriety of such violence,” he caused him to be strapped o te bedstead? I venture to say that if he had done so that ^ convention instead of honoring Dr. Grissom would have pied him as' unworthy of its membership. And then, in ddion to the admission of Dr. Grissom, Hogan, Harris and I’hofpson have testified that he stamped him in the face until he «1 How can you avoid the force of this testimony? Do u elieve that Mr. Thompson and these other witnesses have wo) falsely? What have they to gain by it? What promotion an■ jtr. Thompson expect by the removal of Dr. Grissom? ' h; 1 motive has Harris or Hogan to testify falsely ? 62 Where can there be found the alienist who would not in mistakable terms condemn and denounce such treatment of n insane? Before closing I desire to present to you a sketch of r Grissom as drawn by himself. Here it is ! Look at it, c see if you can see any resemblance to that great and god- .< man whom the counsel for .the defence has so eloquently anc* often enlogized : “ I again asked King if he said he had never seen any immorality. He sa *] will tell you all about it when this thing blows over. ’ I said it might be too « This thing might descend to other generations and there might be blood shed dbo it He then became angry and said I had asked him that question four t » and for me not to do it again. I asked him if he was trying to bully me. ii mumbled out that he was not trying to bully me, but that he didn’t want i u ask him that question again. 1 then said, ‘ Mr. King, you are tiding to bull ie and if you try to bully me 1 will kill you.'. He then turned and left.” “I then told Harris that I had heard of his talking about various fema a! the institution, and asked him what truth there was in it. His answer, whit -ai about a certain respectable female formerly an attendant here, caused me teih a pistol from my drawer and say, ‘ You infamous and depraved scoundrel , ai defamer of female virtue, if you do not leave here I will blow your brains out, nc he retired. ” “ I may have used under excitement a little profanity, but I have never b 11 common swearer. ” How art thou'falleu, * * oh, Lucifer, son of hf morning ! Dr. Grissom’s counsel have dwelt upon the high ma;iii honors which have been bestowed upon their client; they vt held up before the eyes of this court the bright and daz.ug regalia and insignia of masonic honors worn by him ; they jvr pointed out to you the distinction which he has obtained inJie medical profession, and, lastly, they have commented upoifhe fact of his being a member of one of the great Christian denfli- nations of the land. Human experience teaches us that high position and ex :ed rank sometimes end in deep and merited disgrace. Perhapche greatest man who ever lived, the brightness of whose intellect as, since the beginning of the seventeenth century, been giving p to the world, who reached the highest dignity to which an Jg- lish subject could aspire, was justly convicted of a high cm, 63 vis deprived by Parliament of the office he had so unworthily pstituted, and sent with the dark stain of a just condemna- tn upon him to finish his life in retirement and disgrace. The glittering and dazzling paraphernalia of the masonic fra- tnity cannot shield Dr. Grissom; the distinguished honors vich his medical associates have bestowed upon him cannot p>tect him; and even that great Christian denomination of the hd, that branch of the Church which, following the footsteps o the Master, goes into the lanes and by-ways seeking the poor al the distressed, the humble and the unlettered, turning their sips from that broad way which leadeth to destruction and lead- ir them into that narrow way which leadeth unto life—even tb cannot help him. By the evidence, and by that alone, must li stand or fall. Slow, gentlemen, I must apologize for the long and, I fear, teious argument which I have made, and thank you for the ecrteous and close attention which you have given to me. As I ave passed through the halls of this Asylum from day to day liing the progress of this trial, and heard the moans and -cams of these unfortunates, I have been deeply affected with th'.r miserable, wretched and helpless condition. As I have Ik rd falling from the lips of many and reliable witnesses evi- kce of the hard-heartedness, the tyranny, the mismanagement, i b violent and uncontrollable temper of him who should indeed bn kind and tender-hearted father to these people, as I have ejcted that these wretched people, far away from their friends iii kindred, locked up in these walls, were entirely depend- mon this man for whatever of comfort or hope is possible for thfie in their sad condition, my heart has swelled with pity for th a, and with indignation and wrath against him who has iei so unfaithful to his most sacred trust, and by his indif- feiaee and his bad and cruel treatment has made the lives ofhese helpless and unhappy ones even more miserable. The th'ight of these things follows me by day and haunts me by t. I cannot hide from my sight their countenances of men¬ tal gony and despair. I cannot close my ears to their cries of detest misery, and even as I sleep I hear them say: “Woe is 64 me, woe is me! Hope is no more!” And feeling as I d haunted as I am, my whole soul goes out in tender sympathy the patients who are or who may be here, and if I had the pow such would be my words of rebuke and denunciation that th cruel tyrant would wait not for your verdict of dismissal, h would rush, as one mad, from this sacred temple which he h desecrated, and would pray that the mountains would fall ( and the hills cover him. “Inasmuch as ye did it not to one of the least of these,; did it not to me.” Great God! Almighty Creator and Ruler of the Universe, whose hands are the destinies of worlds, nations and individual Thou knowest that the misfortunes, the trials and the struggl of this world are oftentimes more than we can bear. It was b yesterday that 1 saw a man of bright intellect, of great lean ing, of keenly sensitive nature, without apparent cause, pa into the dark and awful shadow of insanity, and consigned the keeping of these walls. There are dreadful moments in n own life when I too am haunted by the suspicious fear of a di eased brain and it may be that I, or some one whom I love be ter than my own soul, may have to bear this greatest of hum; calamities. I pray, I beseech you, good Lord, to so enligkt< the understandings and the hearts of the members of this Roar upon whom rests the great responsibility of caring for these u fortunate people and of ameliorating their sufferings by all pc sible means in their power, that they will be able to see the! duty and have the courage to perform it. So fill their heai with kindness, with mercy and with the love of the poor suffe ing men and women who are or who may be inmates of this i stitution that they will cast out and utterly destroy that terril machine of torture, that blot upon the civilization of the nid ■ teenth century, the bed strap, in whose embrace good men aij women have suffered the agonies of the damned ; and let the, send back into the shades of obscurity, let them remove from tl sacred temple, him who makes use of this cruel instrument up the wretched insane in his keeping as a punishment for acts r words beyond their control. J 1 Trials. f 1- L99146 Vol.21 DATE ISSUED TO _ALU_^ i . ' 7 # -J L _ JUl V A \ alo xxaf. £,1