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Canadian County, Oklahoma
Peculiar Case of W. H. Scott Oklahoma City Man Held In Private House In El Reno Admittance Is Refused To His Attorney Who Went Over To See Him Sensational Statements Are Made Concerning The Captive, Who Is Claimed To Be Sick and Insane Special to The Oklahoman El Reno, Okla., June 11 – S. A McGinis, city attorney of Oklahoma City was here today as the legal representative of W. H. Scott, who is ill at the home of A. H. Brown, a well known photographer here. Mr. McGinis has procured and order from the probate court here, on a Writ of habeas corpus, for the transfer of the sick man to the El Reno sanitarium for safe keeping,, and the authorities of this institution have declined to receive the patient. In his petition Mr. McGinis stated, after alleging that the patient was unlawfully restrained, that he was in very bad health and in need of the care of a competent physician, and that his life was in danger, and that the relator, S. A. McGinnis, the sick man’s attorney, was not permitted to see him. Sensational statements are made in regard to the matter and later developments are likely to be very interesting to say the least. Developments in the case are peculiar. Dr. F. E. Rosenberger says: “I did refuse permission to Mr. McGinnis to see the patient, because visits have proved detrimental to Scott’s welfare and I did not recognize the right of McGinnis to secure a physician in the case. The patient is not able to be removed and if habeas corpus is secured it will be refused. I informed McGinnis as well as other friends of Scott that he could not be seen at present.” The habeas corpus carrying into effect the order of court for the removal of Scott to the El Reno Sanitarium was not served. Dr. J. A. Hatchett, one of the physicians in charge of that institution on being asked why he refused to accept Scott said: “First the man comes under the class named violent patients, and we have no means of taking care of patients of that kind. Second, he was under the care of a local physician who is doing all that could be done for him.” Scott is still at Brown’s house. McGinnis went to Oklahoma City, it is said, to secure admission for the patient, to a hospital there. Brown says he is an old friend of Scott’s and there is no cause for the sensation. McGinnis’ Story is Startling. Captain S. A. McGinis, city attorney, was seen by an Oklahoman reporter last night and shown the special dispatch from El Reno regarding the Scott case and made the following statement: “The store is somewhat lengthy, but I will give it to you as briefly as possible consistent with the remarkable facts involved. “W. H. Scott came to this city from Iowa and purchased of Frank Merrten the saloon business on Grand Avenue known as the ‘Orient Bar’, paying for same about $3,000. This transaction occurred some time about the latter part of November last or the first of December. About January 1, Scott came to me for some legal advice, relating that his wife was coming to Oklahoma City to make him some trouble; that she would ask alimony from him, and said he had already given her $2,500. He said if he could keep his property away from her for a time he felt certain a reasonable settlement could be made with her. “He desired to place his property and effects beyond her reach and asked advice. He stated that he had a friend whom he could trust, a man from Iowa conducting a photograph gallery in El Reno. To make the story short he arranged to give this man, whose name is A. H. Brown a chattel mortgage for $4,000, payable in three payments. The sum of $1,500 was made payable February 1, $1,500 April 1, and $1,500 payable the first of July next. During April, after the second payment had been paid, Brown wrote Page that he wanted to borrow $200 from Scott to pay on his photographic outfit and to purchase some chemicals. Scott Became Ill “About May 1, Scott became ill and went to Sulphur Springs, leaving one Jones in charge of his place of business and also leaving about $2000 or $2500 in a local bank. A soon as Brown learned that Scott was at the springs he went there with Dr. Rosenberg and removed the sick man to Brown’s home in El Reno. On the trip Brown could not get Scott any other way he wanted the sheriff to assist him. In this connection I will relate that Mr. Ozmun tells me that about a week or ten days ago he made inquiry of Brown relative to Scott and was informed that the latter had been in Hot Springs, Ark., for more than ten days. Brown Demands Property “Day before yesterday, or Thursday Brown came to Oklahoma City and made demand of Jones for possession of all of Scott’s property, including the latter’s bank account. Jones did not like to give up the property without the proper showing being made. Brown claimed to have a bill of sale from Scott, but declined to exhibit such a document, saying he had left it at his home in El Reno. Mr. Jones advised me about the matter and I advised him not to turn over the property without the proper showing being made. “I will digress from the thread of the narrative by relating that some time previously Jones twice visited El Reno to talk over business matters with Scott before he was permitted to go into Scott’s presence, being told that the man was too sick to be seen. He states that on another occasion he was permitted to enter the sick room, when Dr. Rosenberg was present. Jones says Scott appeared to be in full possession of his faculties for a brief time and raised up and held out his hand, saying: “I don’t want you to leave until I have talked over some matters with you.” Scarcely had he done this, Jones says, when Dr. Rosenberg went around to the opposite side of the bed and, with a hypodermic syringe, injected some drug that caused him to sink back limp in the bed almost in a moment and Jones had no further opportunity to talk with the man. Trained Nurse Discharged “I will also state that a lady in this city, who was waiting on Scott as a trained nurse at El Reno, was discharged because she had raised objections to the hypodermic injections that were being given to Scott. “I made a trip to El Reno and, occompanied by Attorney S. A. Byars, of this city, called at the Brown home. Mrs. Brown appeared at the door and, upon learning who we were became very nervous, declining to permit us to enter Scott’s room or to use the telephone to converse with Dr. Rosenberg. She protested that we must not see Mr. Scott. Later I overheard her talking to Mr. Brown, who told her she must not let us see Scott under any circumstances. I called up Dr. Rosenberg and he arranged for us to meet him at his office at 7:30 in the evening. We went there and remained until time for us to go to the train, but the physician did not appear. “When Brown was in this city yesterday his actions caused me to become confirmed in the suspicion that there was something very dark in this case. I spoke of having Scott removed to this and placed in the hospital and the man objected. I then suggested that I would send one of our best physicians to El Reno and he would select a leaning physician there and together with Dr. Rosenberg they would call and see Scott. Brown became very nervous at this time and beseeched me to do nothing of the kind, saying he would return home and send Scott over to this city to be placed in the hospital. I told him that I would send a physician over as indicated, and securing the services of Dr. A. K. West, we accompanied Brown to El Reno. The train had barely stopped at the station there when Brown jumped off and hurried uptown at a run. We called upon Dr. Hatchett, one of the leading physicians of El Reno, and also of the territory, and we all visited Dr. Rosenberg and, after telling him that we desired to see Scott and examine him in company with Rosenberg, the latter flew into a rage, refusing to permit us to do so and saying that he did not need consultation; that Scott was his patient and that when he (Rosenberg) needed consultation he would ask for it himself. McGinnis Claims Conspiracy “After this occurrence Dr. West, who had been adverse to entertaining the suspicions held by me, said that he believed I was right. I then brought habeas corpus proceedings and secured an order from the court giving me possession of the man restrained. Then the latter’s captors, finding I was negotiating to place Scott in a sanitarium at El Reno, advised the management of the institution that Scott was violently insane, which was false, as the man was kept constantly under the influence of some powerful drug. I then arranged for the authorities to send Scott over to the city tonight and expect his arrival on the 10:40 train from the west, if Brown and Rosenberg do not devise some means to retain him. As a matter of fact I doubt that they will send the man, and I really entertain grave fears for his life. I think there is a diabolical conspiracy to get possession of Scott’s property and money.” Capt. McGinnis and Dr. West were at the Choctaw depot last night when the train arrived, and had an ambulance on hand to convey the sick man to St. Anthony’s hospital, but Scott was not on the train. Capt. McGinnis was advised early in the evening that Brown had made an application to the court to have Scott adjudged insane and himself appointed his guardian and custodian of this property. The case, from Capt. McGinnis’ statement, is extremely sensational and, if the allegations made can be proven, the limit of the law should swiftly meted out to the offenders. The Oklahoman 6/12/1904
The Scott Case The Sick Man Was Placed In A Sanitarium At El Reno Yesterday Says He Is All Right Attorney McGinnis Reaffirms His Statement of the Case and Insists That Statling Developments Will Occur Special to The Oklahoman El Reno, Okla., June 13 – W. H. Scott was seen this evening at the El Reno Sanitarium where he was taken voluntarily yesterday by Dr. F. E. Rosenberger, physician in charge. “Oh, I guess I’m all right,” said the patient, answering the first question. Asked if he had anything to communicate to friends he replied that he did not know that he had. He seemed bright and cheerful and conversed intelligently. The nurse says he has been very quiet and seems to be improving rapidly. Dr. Rosenberger, in the course of a statement says: “Friday, May 20, Brown requested me to call at his home to see a sick friend. I found W. H. Scott, who explained his condition and asked me to take charge of this case. He grew worse Tuesday and was very sick. Consultation became necessary. Dr. G. W. Taylor was called and has seen the case several times. The allegations of Attorney McGinnis are false. He did not call at my office with Drs. West, Hatchett and Clark. I have never seen McGinnis. Have never refused permission to any reputable physician of El Reno to see my patient. I refused Dr. West because he was in the employ of McGinnis. Scott has since told me McGinnis is not his attorney. All friends were permitted to see Scott until his condition became such that it was absolutely necessary to exclude everyone from the room except those immediately connected with the case. Capt. S. A. McGinnis, city attorney, who was in El Reno yesterday actively taking care of the interests of Scott, returned home last evening. When interviewed by an Oklahoman representative last night and informed relative to the statements made by Dr. Rosenberger he said: “The statement which I made for publication in the Oklahoman and which appeared in your paper Sunday substantially as I sated the case, presents the facts in the case. I have nothing to add at this time that would be of interest. I succeeded in getting Mr. Scott removed to a sanitarium at El Reno yesterday and he will be in proper condition to make a statement in a few days. The man Allen has made application for the guardianship o9f Scott and I will say that we are will fight the granting of that application to the bitter end. The hearing will occur in a few days and at that time some developments of interest will be made public. Until that time it would be unwise for me to say anything further. We have telegraphed to a brother of Mr. Scott residing in New Mexico, who will probably be present at the hearing.” The Oklahoman 6/14/1904
Scott Case in Probate Court His Friend Brown at El Reno Asks Guardian Scott in Bad Condition Physicians State That He May Not Recover Friends from Oklahoma City insist that outsider be appointed guardian, with which the court concurs. Special to the Oklahoman. El Reno, Okla., June 17 – The hearing on petition of A. H. Brown to have a guardian appointed for W. H. Scott, of Oklahoma City, who is at Brown’s home here, was begun today. Brown desires to be appointed guardian. After a little sparring between the attorneys the hearing of the evidence was begun and consumed the greater part of the afternoon. Doctors C. E Rosenberger, G. W. Taylor and A. T. Hatchett testified first. Dr. Rosenberg stated that W. H. Scott was in his care and the patient was not as well as he had been. His condition, the doctor said, was due to alcoholism. Then in answer to continued questioning he described the case in detail and the treatment and stated that in his opinion the patient would not be in full possession of his faculties for several months if ever again. He testified to calling Doctors Taylor and Hatchett in consultation and the corroborated the testimony of Dr. Rosenberger on the main points. Doctor Hatchett stated in addition that he had consented to the removal of Scott to the sanitarium after receiving the assurance that the patient would have the care of two male attendants. Result Of A Spree W. H. Conley of Oklahoma City testified that the condition of Scott before leaving for Sulphur Springs was the result of a protracted spree and witness had urged him to make the trip for the benefit of his health. He also spoke of the effort to have Scott taken to St. Anthony’s hospital where he was refused on account of the nature of the case, and of the patient being brought to El Reno by Brown to be care for at his home. He said Scott seemed to have the highest regard for Brown and trusted him implicitly. Mr. Conley also testified that he had drawn up a chattel mortgage for Scott about four months after he had bought the Orient Saloon. The mortgage was for $4.000, conveying the saloon propert. Scott had explained to witness that he wanted this done for a purpose of his own. Cross examinated, the witness said, that Scott did not claim that this was for getting any money or means of any kind or securing any indebtedness. Brown’s Testimony H. Brown, the petitioner, was examined at length. He said among other things that he had known Scott for about seven years, first at Lakeview, Iowa, and that they had been intimate friends. They had come to Oklahoma together from Minneapolis. Witness detailed the circumstances under which he had cared for Scott in a similar predicament. This had occurred at Carrollton, Iowa. He had gone to Sulphur Springs for Scott on a telephone message from a friend names Acully at Oklahoma City. He liked Scott and said Scott had done much for him. Talks Business Affairs On one occasion Scott had referred to his business at Oklahoma City and said: “I must get back there and check up or they will skin me out of the whole business.” Continuing the witness said in regard to the chattel mortgage that he had never seen it but Scott had told him of it. He did not know whether any notes had been executed in connection with it. He then related the circumstances of a visit to Oklahoma City when he had made a trip over there to inquire into the condition of Scott’s business. A Bill of sale was then introduced in which Scott had conveyed his Oklahoma City property to Brown for and in consideration of the sum of $4,200. A number of letters were read disclosing the intimate relations between the two men and the confidence Scott had reposed in Brown. Scott’s Manager Testifies S. Jones, who has had charge of Scott’s property as manager, testified to the conduct of the business, etc., saying among other things that there was no danger of the property being wasted. C. E. Girard corroborated the statement of Jones in regard to different matters. Capt. McGinnis announced at the conclusion of the testimony that he held the same position as heretofore, namely that if a guardian was to be appointed it should not be Brown or anyone under his domination. Judge Phelps in rendering his decision said the necessity for the appointment of a guardian was apparent, to which both parties agreed. The continuing Judge Phelps said: Judge Deplores Controversy “The evidence in this case indicates to the mind of the court that the insinuations of bad faith by persons on either side of this controversy are wholly without foundation. It discloses the fact that the friendship existing between Mr. Scott and Mr. Brown is decidedly above the ordinary friendship existing between men and every act of Mr. Brown, as shown by the testimony, is prompted by the purest motive. On the other hand, Mr. Jones’ conduct seems to be wholly in keeping with that of a faithful and trusted employee who as ambitious to do only what was for the best interest of his employer. Here we have two disinterested men, Captain McGinnis and Mr. Brown, who are solicitous of Mr. Scott’s welfare only from the standpoint of warm personal friendship, both of whom are actuated, as shown from the evidence, by the best motives and each of whom seems to be suspicious of the acts of the other in regard to the welfare of their friend. If the court should appoint Mr. Brown guardian of the person and estate of Mr. Scott and if the perchance should become more serious and result in death in the face of the charges of bad faith it would place both Mr. Brown and his court in an embarrassing position, and it is the judgment of this court that it would be the best for all persons concerned for some disinterested party to be appointed guardian.” Petitioner’s attorney declined to acquience, when Judge Phelps added: “The court will not make a final order appointing a guardian until 9 o’clock tomorrow morning but will suggest the names of Messrs. H. C. Bradford, G. W. Bellamy and Otto A. Shuttee and in the meantime I hope you gentlemen may be able to agree upon one of the gentlemen suggested.” The petitioner’s attorney then gave notice of appeal. The Oklahoman 6/18/1904
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