LITMIR.BIZ

      In the fall of 1923, J. T. Dobbs and his wife, Alice, petitioned the Honorable Charles D. Shackleford, Justice of the Peace and Judge of the Juvenile and Domestic Relations Court for the City of Charlottesville, Virginia—the same court official who, three years previously, had committed Carrie’s natural mother, Emma Buck—to commit their foster child, Carrie Buck, to the State Colony for Epileptics and Feebleminded.

      According to their testimony, Carrie, since the age of eleven, had exhibited symptoms of feeble-mindedness and epilepsy. Currently, they stated, these symptoms had worsened, making it impossible for them to control or care for her any longer. Though they had provided for her “as an act of kindness,” Mr. Dobbs’ monthly wages were no longer financially adequate to continue to do so.

      Judge Shackleford appointed a Charlottesville physician, Dr. J. F. Williams, and the Dobbs’ family physician, Dr. J. C. Coulter, to examine Carrie, after which time he would institute a hearing at which the Dobbs family and Carrie herself would be required to testify as to the details of Carrie’s alleged illness.

      The reports of the two doctors agreed that Carrie Buck was, in their judgments, “feeble-minded within the meaning of the law.”

      When Carrie’s foster parents were questioned before the hearing, they added to the picture being painted of Carrie as a strange, ungovernable girl, subject to “hallucinations and outbreaks of temper” and born with a mental condition characterized by certain “peculiar actions.” Furthermore, they testified, she was dishonest and morally delinquent.

      According to the Dobbs, Carrie had been born in Albemarle County and, at the time of her birth, her parents, Emma and Frank Buck, were unmarried. Later, they told the court, her mother had been diagnosed as feeble-minded and was now an inmate of the same institution in which the Dobbs desired to place Carrie. Her father’s whereabouts were unknown.

      The Dobbs said they had received Carrie at the age of three from her mother, whom they referred to as Mrs. Emmett (sometimes called Emma Buck). Carrie had lived with them at their Grove Street house since then, attending school up to the sixth grade. She was, they stated, able to read, write, recognize and distinguish objects, but not to take “proper notice of things.”

      Although the Dobbs family were quite certain that Carrie was feeble-minded, they were equally certain that she was capable of protecting herself against ordinary dangers without an attendant. They were equally uncertain about when her epileptic symptoms had appeared, saying at one point that her epilepsy had first appeared in childhood and, later, that they could not actually remember her being “subject to epilepsy, headaches, nervousness, fits or convulsions.”

      Carrie had little to say at the hearing, assuming that whatever was about to be done for her would be in her best interests.

      The hearing was held on January 23, 1924. At its conclusion, Judge Shackleford ruled, as he had in her mother’s case, that the doctors’ opinions of Carrie Buck were correct. His judgment was that Carrie Buck was a suitable subject for an institution for the care and treatment of the feeble-minded. He ordered her delivered to the Superintendent of the Colony for Epileptics and Feebleminded at Lynchburg, Virginia without further delay. But a delay was unavoidable.

      Seventeen…and unmarried…Carrie Buck was pregnant.

      In March of 1924, a month before Carrie’s baby was due, Miss Caroline Wilhelm, the social worker to whom Dr. Bell had written abut Emma Buck, wrote to Dr. A. S. Priddy, the superintendent of the State Colony, concerning Carrie’s commitment papers. Miss Wilhelm was writing on behalf of the Red Cross in Charlottesville. In the letter, she mentions that the papers had been returned and were in the hands of attorney Homer Richey, who served on the Board of Public Welfare in Charlottesville and often attended to legal matters for the board:

      My dear Dr. Priddy:

      We are very sorry that the papers in this case have been so delayed. We did not know until a few days ago that they had been returned…for corrections and were still in the office of Mr. Richey who had agreed to make the necessary changes.

      We are writing now to urge that the case be acted upon as soon as possible. Mrs. Dobbs, in whose care the girl has been, is expecting to be called away almost any day to care for her daughter during her confinement (late pregnancy and delivery) and she does not wish to leave the girl alone.

      As Carrie Buck is expecting her baby about the middle of April, it is very important that she be admitted to the Colony before that time if it can be arranged.

       Very truly yours,

       (Miss) Caroline E. Wilhelm

       Secretary

      In response to her letter, as well as one from attorney Richey, urging that the commitment be expedited and arguing that all the papers were in order, on March 13th, Dr. Priddy insisted that the letter of the law be followed:

      …am satisfied that due process of law has not been observed in this case.

      I refer you to Sect. 1978 of the Code 1920, page 376 ‘Petition to have person declared feeble-minded.’ This section recites that no feeble-minded person shall be sent to any institution except as hereintofore…provided. It provides that a petition shall be regularly filed, which was done in her case, and in the following Section 1079 it says thereupon it shall be the duty of the Judge or Justice with whom such petition is filed, to execute a warrant ordering such alleged feeble-minded person to be brought before him and to summon her custodian, etc. The Court of Appeals of Virginia has in more than one case declared any commitment illegal in which there was no warrant issued and it furthermore requires the warrant to be read to the person suspected of being feeble-minded or insane and that he is acquainted with the charge. One of the cases to which I refer was that of Mallory vs. Va. State Colony for Feeble-minded …, so I must have a warrant properly executed or I cannot accept the ward as legal.

       Very truly,

       A. S. Priddy

       Superintendent

      The next day, Priddy wrote to Caroline Wilhelm and advised her that, even with her papers in order, Carrie Buck could not be committed until after she had delivered her baby.

      My dear Miss Wilhelm,

      I have your letter of 11th inst. relative to the admission of Carrie E. Buck and note that you say she is expecting her baby about the middle of April and it is very important that she be admitted to the Colony before that time. I am sorry but we make it

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