my opinion, no HOMICIDE should ever be released from confinement, while insanity continues.

ed a harmless man.

Until the time of the homicide, Shurtleff had been considerHe is as liable to have this impulse excited again as he was then, for his disease is not cured, nor is his delusion removed. An insane person with a propensity to homicide, is never entirely safe any where, but less so in the world at large, than under the restrictions of a hospital where he can be immediately placed in confinement if any change is discovered in him by those who understand such cases, and have the means of restraint at hand. This is especially true. if the individual is addicted to intemperance, as Shurtleff is understood to have been.

We admit that the services of Shurtleff have been of considerable advantage to the hospital, but it is a matter of doubt whether an individual could be found, who, knowing all the circumstances of his case, would have taken him into his family and kept him for his services. In my opinion no one could do it with entire safety.

ment.

The services of Shurtleff have gone for the common benefit of the Hospital; so far as they have been valuable, they have lessened the expense of the institution. If he had remained in the jail he would have been constantly kept in close confine.. The hospital first took the responsibility of trusting him abroad, after nearly seven years' confinement; under its discipline he and many others have been made useful and happy by the introduction of labor. If we were to make a distinction,-reward one and not another for their services, we should not know where to stop, and could not fail to do injustice to some. We have now, and formerly have had, many patients whose services have been as useful to us, for a time, as those of Shurtleff, and if the Legislature decide that he shall be paid for past services, I will state other cases, with claims equally just, that would probably amount to ten or twelve thousand dollars, since we have introduced labor as a means of health and cure.

More than one hundred patients are at work, in the hospital and about it, nearly every day, for the common good. The

claims of many of these for compensation are equally just with this for Shurtleff. If the government have money to reward these services, I would most gladly be the dispenser of its charities, and could, with my knowledge of the cases, and the wants of individuals, do much good with whatever might be thus bestowed. If the government begin to admit such claims, and make this case a criterion by which the officers of the hospital or the Legislature, shall in future decide who shall be rewarded for services done at the hospital while patients in it, we shall doubtless have many cases claiming remuneration for services while under our care, and the Legislature will be thronged with petitions for claims for past services no less just than the one now in question.

If these claims are admitted, the price of board must be raised, or appropriations must be annually made by the government to defray current expenses.

The trustees of the hospital allow the officers to give some gratuities, in case of high claims and merits, and have done so for years in the case of Shurtleff. Is it wise to take this matter from the hands of the trustees, and make it a subject of legistion?

The trustees, at my request, permitted the bargain made by me with the agent of the town of Carver, for the following

reasons:

FIRST.-A conviction that Shurtleff was not cured of his insanity, and should not go abroad into the world where he would be likely to meet with causes of excitement liable to result in a renewal of the delusion and the impulse which impelled to the dreadful deed which first caused his confinement.

SECOND.-A feeling in the household, among the officers, and probably the trustees, that the public would be alarmed at his liberation, and require him to be again shut up, in a place less favorable to his health and happiness; that his habits of intemperance might be renewed, making him wretched, and endangering an increase of his malady.

THIRD.-A belief that his labor would well pay for his support, and add greatly to his comfort and happiness, without increasing, in any degree, the burthen of the State, while he observes the regulations of the hospital.

Since his discharge, Shurtleff has been treated as other patients. He takes his food with them, and lodges in one of the rooms connected with the gallery, in which he is locked up at night, as other patients are in theirs. He considers himself a patient, subject to the rules and discipline of the institution.

In my opinion, the resolve of the Legislature, by which he was released from the hospital, was inexpedient. He should not have been discharged without the most satisfactory evidences of his entire safety, because he is an insane man, having in his character all the elements of homicidal impulse, once so fatally developed, when under the influence of intoxicating liquor, in the murder of his wife.

In haste,

Yours, truly, and respectfully,

S. B. WOODWARD.

The committee trust, that by the foregoing statements, it will appear to the Legislature, as it does to them, that the facts in this case are briefly these: that the judicial tribunal found James Shurtleff guilty of murder; but finding, also, that he committed the crime under an insane impulse, he was confined in jail, instead of suffering the penalty of the law. While he was in prison, the town of Carver supported him as a matter of course. When the munificence of the Commonwealth had founded the State Lunatic Hospital, ali insane prisoners, Shurtleff with the rest, were withdrawn from their cheerless confinement, and placed in that institution, in a situation of comfort and quiet. There was no change in the liability to support; the only change was of place, by which the humane care and general comfort of insane prisoners was greatly increased. The town made repeated efforts to procure the discharge of Shurtleff, from the proper tribunals, and failing in these, applied to the Legislature, by which authority the release was granted.

It does not appear that the idea of claiming a return of the hospital charges, was ever entertained, until, for the reasons

stated in the letter of Dr. Woodward, the trustees consented to allow Shurtleff to remain without charge to the town.

It must not be forgotten that Shurtleff was a felon, is still a felon, and as such, being discharged by legislative authority, is liable, any day, when the trustees dismiss, or the town of Carver demands him, to be set at liberty in our community, equally liable, by renewing his old habits of indulgence, or by any other stimulating cause, to become again as guilty as a lunatic can become, of the same crime of which he was before convicted, and whether or not he would be legally or morally guilty, the outrage on society would be equal, and the danger extreme. It is not proposed to remedy this error in legislation, because that matter is not now referred, but duty requires that the facts should be plainly and fully stated, and visible dangers boldly pointed out.

So far as the committee know, this is the only application on record, when the return of money so justly, so humanely appropriated, has been demanded. There does not appear to be any good reason why the prisoner should have been discharged; indeed, the safety of society requires that he should not; but, discharged or not, there seems to be no just cause for establishing a precedent in this case, of repayment.

The action of the Legislature upon this petition should be just; but whatever it is, it will be claimed as a precedent for hundreds of other similar cases, of greater or less magnitude and importance, and if the prayer were granted, a course the committee cannot find the least reason to approve, the whole system upon which the hospital has flourished, caring for those who have none to care for them, and giving that relief and comfort to the wretched, which, of itself, no money could purchase, would be utterly prostrated, and the hospital supported mainly from the State treasury.

With these convictions, the committee are of opinion that the public good demands, that no such precedent shall be established, as is asked for in the petition; and unanimously recommend that the petitioners have leave to withdraw their petition.

For the Committee,

S. WALES, JR.

[Reported by the Committee on the Judiciary.]

Commonwealth of Massachusetts.

In the Year One Thousand Eight Hundred and FortyFive.

AN ACT

In Relation to the Costs of Trustees.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:

1

Whenever, in any action, the goods, effects and 2 credits in the hands of any person who shall hereafter 3 be adjudged a trustee, shall not be of sufficient value 4 to discharge the costs taxed in favor of such trustee,