DR. MARKOE MURDER TURNS EYES TO LAWS
Alienists Demand Revision of Sections Covering Commitment of Dangerous Lunatics.
SEND PLEA TO GOVERNOR
Declare It Is Too Easy for Courts to Disregard Medical Experts - Funeral Today.
As a result of the murder of Dr. James W. Markoe in St. George’s
Church on Sunday by Thomas W. Simpkin, an escaped lunatic, a movement is under
way to have Governor Smith conduct an investigation of court procedure in
insanity cases and to have the State Legislature amend the insanity laws.
Dr. John F.W. Meagher of 220 Brooklyn Avenue, Brooklyn, President of the
Brooklyn Neurological Society, it was learned yesterday, wrote to Governor Smith on
Monday. He also telegraphed to Senator Charles Lockwood and Assemblyman James F.
Bly, urging the introduction of a bill in the State Legislature providing for an
immediate investigation of the insanity laws.
Dr. Meagher, who is neurologist at St. Mary’s Hospital and consulting
neurologist at Kings Park State Hospital for the Insane and the New York
Neurological Hospital, also wrote yesterday to Dr. Smith Ely Jelliffe, the noted
psychiatrist, and Dr. Walter Timme, President of the Neurological Society,
urging them to bring to the attention of the New York County Medical Society and
the Academy of Medicine the need of amending the law. He said that the Brooklyn
Neurological Society
and the Kings County Medical Society had adopted resolutions urging the reform.
Letter to Governor.
Dr. J. Richard Kevin, President of the State Medical Society, favors amending the insanity laws, said Dr. Meagher. In his letter to Governor Smith Dr. Meagher said :
“The lamentable assassination of Dr. Markoe has again impressed
on us all the urgent need of amending our insanity laws. Present procedure
permits a man to be discharged if a jury sees fit, even though competent
psychiatrists certify under oath - and are willing to bear the civil
responsibility for their statements - that the man is insane.
“Both the Brooklyn Neurological Society and the Medical Society of the County of
Kings urgently recommend that the insanity laws be amended. The Kings County
Society is the third largest medical society in the United States. Would you
kindly let me know if the Legislature could not take the subject up at once?”
One defect in the present law which it is sought to remedy
concerns the court procedure which permits a Judge to discharge a man after an examination
lasting a minute, although the man may be insane and sworn testimony to this
effect is given by trained specialists. Dr. Meagher said this was by no means a
mythical case, and he produced a court record showing that a Judge asked a man
before him: “Are you insane?” and when the man said “No” he was discharged
despite the fact that careful examination by physicians indicated that the man
was unbalanced. In another case a judge decided a man was not insane because his
eyes were “too bright” for those of an insane man.
Under the present law a physician must fill out a lengthy paper giving in
detail his
reasons for adjudging a person insane. This document or petition is presented to
the court for signature, so that the person may be committed. There is no
provision requiring the Judge to give his reasons for disapproving the petition
and turning the suspect back. Psychiatrists desire to have the law make it
necessary for Judges to state their reasons for refusing to commit persons
adjudged insane by physicians. In this way, it was said, responsibility for
freeing those who subsequently commit overt acts could be placed where it
properly belonged.
Would Curb Judges’ Power.
At the present time according to Dr. Meagher, Judges have
unlimited power in insanity cases, and many do not want this responsibility
because of a realization of the scientific knowledge required to judge these
cases. It is sought to amend the present laws to make it mandatory for Judges to
be guided by psychiatrists and, if they refuse to sign commitment papers, to
give their reasons for judging persons sane.
Although the present law specifies certain exceptions that can be made in the
handling of cases of insane persons, arbitrary acts of some Judges, it was said,
sometimes result in suicide or flight of the suspected person and nothing may be
heard of the case again until an overt act is committed. The law says that
persons on whose behalf a petition is presented to the court shall be notified
personally at least one day before the petition is presented. The court may
dispense with personal service, but this is frequently refused, it was said,
even though the physician says that personal service might be dangerous or
foolhardy.
The present law is held by some psychiatrists to be an unwise mixture of legal
and medical authority. Dr. A.A. Brill believes that reform in the laws are
necessary. Cases of paranoia are most difficult for experts to decide, he said,
and almost impossible for a jury of laymen to pass on. He told of a case in which a man
was adjudged insane after ten days’ observation by six physicians. His friends
believed he was sane and took the case to court. It took a jury ten minutes to
decide the man was sane. He was freed and went to Canada, where he committed an
overt act. He was arrested and is now in an asylum.
The funeral of Dr. Markoe will take place at 10 o’clock this morning in St.
George’s Chapel. Dr. Karl Reiland, the rector, will officiate, and the services
will be private. Not more than 200 persons, members of the family and friends
and associates of the surgeon, are expected. Among the ushers will be Herbert L. Satterlee, Morton S. Paton and T. Markoe Robertson, a nephew of Dr. Markoe.
Interment will be at Sleepy Hollow.
Simpkin’s indictment on a charge of murder in the first degree will be asked by
Assistant District Attorney Benedict Dineen tomorrow after witnesses testify
before the Grand Jury. Judge Mulqueen of General Sessions will then be asked to
appoint a lunacy commission so that Simpkin may be sent to the Matteawan State
Hospital for the Criminal Insane. Simpkin’s arraignment in Yorkville Court today
will be a formality and his case will be adjourned to await action by the Grand Jury.
Simpkin arose early yesterday after a sound sleep. He ate a hearty breakfast,
smoked cigarettes and told a prison keeper that the Yorkville Prison suited him
better than a lunatic asylum. Among Simpkin’s effects District Attorney Dineen
found a letter from his wife in London to his brother in Astoria saying she
heard he had escaped from the asylum. Mrs. Simpkin said she knew her husband
visited his brother last Summer, and wanted to know whether he had inquired for her.
“You know Tom and I are very devoted to each other and he is very fond of the
children,” the letter said.