Case Summary

On May 1, 1916, the Douglas County Circuit Court found Roy Stearns to be insane due to his use of "alcohol to excess" and had him committed to the Oregon State Hospital. On July 18, 1916, Stearns' attorney, Albert Abraham, petitioned for a writ of habeas corpus on his behalf, which was granted. Stearns maintained that there had been no physician present in the circuit court as required by law, a claim seemingly at odds with the order of commitment. By mutual assent, the two parties postponed the habeas proceedings to a later date, during which time the hospital released Stearns. With Stearns no longer bound, the judge dismissed the cause.

Case Information

Petition type(s)

• Institutional

Petition subtype(s)

• Insanity

Sites of significance

• Oregon State Insane Asylum (Salem, Oregon)

Outcome

Writ dismissed

Fate of bound party

Released from custody

Case Citation

Marion County Circuit Court Journal, Dept. No. 2, Vol. 34, May 1915-Oct. 1916, Accession No. 93A-19, pp. 519, 525, 552; Marion County Circuit Court Case Files, Case No. 13225

Source material(s)

Journal | Case File

Length of case file

Between 11 and 20 pages

Repository(s)

• Oregon State Archives (Salem, Oregon)

State

• Oregon

People

• Stearns, Roy (bound party)
• Abraham, Albert (petitioner)
• Abraham, Albert (petitioner attorney)
• McNary, John Hugh (petitioner attorney)
• McNary, Charles Linza (petitioner attorney)
• Steiner, R. E. Lee (respondent)
• Steiner, R. E. Lee (responding party)
• Steiner, R. E. Lee (holding party)
• Coshow, O. P. (respondent attorney)
• Galloway, William (judge)
• Marsters, R. W. (authority ordering detention)

• Additional parties

  Boyer, U. G. (clerk)

  Da Long, Mabel A. (notary public)

  Lenox, E. H. (clerk)

  Quine, George K. (sheriff)

  Neuner, Jr., George (district attorney)

  Houck, George K. (physician)

  Esch, William (sheriff)

  Bower, O. D. (deputy sheriff)

  Needham, W. I. (deputy sheriff)