Inquest of Lunacy for Samuel Irwin (Ervin) in Vinton County

2 replies [Last post]
Joined: Feb 17 2008

From page #564, Vol. 1, Journals records of Vinton County Ohio, Probate Court.

Inquest of Lunacy

On this 30th day of April A.D. 1861, a written complaint and affidavit having been filed in accordance with the statute in such case made and provided. An Inquest was on the 1st day of May A.D. 1861 by the undersigned Probate Judge held in due form of law in regard to Samuel Irwin, a resident of Richland Township, Vinton County, Ohio, who was [?] found to be insane, to be an inhabitant of the State of Ohio, having a legal settlement in the township of Richland of Vinton County, that his Insanity is of less these two years duration, and that he is entitled to admission into the Ohio Lunatic Asylum, to undergo treatment therein, and it appearing to the undersigned Probate Judge that the said Samuel Irwin being permitted to go at large would be attended with danger to community, an order was issued for his confinement in the said of the County of Vinton.

Joseph Kaler, Probate Judge

Joined: Feb 17 2008
Writ of Habeas Corpus for Samuel Irvin

(No attempts to correct spelling have been made)

I have taken the body of the within named Samuel Irwin and now have him before the within named Judge. I have held the said Samuel Erwin in custody by the Orders of the Probate Judge of Vinton County the said Samuel Irwin having been found to be insane and dangerous to be at large.

Fees-200 (?) Sig. Sheriff

To the Honorable the Probate Judge within and for the County of Vinton and State of Ohio.

Your Petitioner Samuel Ervin of said County represents to your Honor that he is unlawfully detained by [?] Francis [Shades?] Sheriff of said County of Vinton and by him incarcerated in the jail of said County by the Order as he is informed and believes of Joseph Kayler, Probate Judge within and for said County, Upon the finding by said Judge that your petitioner was insane and that his living at large would be attended with danger to the safety of the community.

Your petitioner represents that he is fully restored to reason and he prays that a Writ of Habeas Corpus may issue upon his application in that he may be released from said imprisonment. May 29, 1861.

The undersigned having been summoned by Joseph Kayler, Probate Judge of County of Vinton, in State of Ohio, (?) upon a proceeding upon a habeas corpus (?) out by Samuel Irwin, who was confined in the jail of said County, as a dangerous Lunatic hereby certify that I have recently examined the said S. Irwin as the attending physician and am of the opinion that he is at least partially restored to reason and sufficiently rational to transact ordinary business and that, in my opinion his being permitted to go at large would not be attended with danger to himself or others. (Signed) A. Wolf, M.D.
Released by Judge Kayler

Joined: Nov 19 2014
without a doubt, Samuel Ervin

without a doubt, Samuel Ervin was suffering from Dementia, but was not insane. However, Owen's family could no longer care for him and it was possible that if he could be declared insane, he could be cared for at the Athens State Hospital for the Insane. However, he passed away before all the paperwork wand transportation was completed.

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