The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-06
The Dangers OF Being Rich
and Weak-Minded.
TRICKERIES OF A TRUSTEE.
Tong Years Of attic Life, with Threats Of the
Lunatic Asylum and Assassination.


rty he afterward attained as a pieader, and while
William NJ Evarts. N. Bowditch Blunt, Lorenzo shcp-
herd and Field and Graham rising in legal rank
and cluching the first prizes the legal arena, the
namc or Gabriel Winter shone bright In that re-
spicndent galaxy of legal stars He owned nne
place at Flushing and at tho time OF bis death
lett what In those days was esteemed
largo fortune. lie lett surviving him his
wife and three chlldrcn--Gabricl Henry Winter, Will
liam Winter and Nary Jane Livingstone, wifc Of John
Livingstone Gabriel Henry Winter dicd IN lS4S, and
Mrs Livingstone ten years later In 1862 the family
household at Flushing was finally brokon up by tne
death OF Mrs Winter There thea remained surviving
the family, William Winter, who born IN 1870
and conseq sixiy-seven years Of age The
large property Tell Surviving OF the family
He had been carefully nurtured graduated at Columbia
College and was subsequently admitted TO tho Bar
He has always remained bachelor His father's
estate. estimated at s300,oo0 was loft to him.
and his death was to be gwen TO Mortimer and
Hcnr; W. Livingstone the sons and only children Of
his sister, Mrs Livingstone.
FROM PILLAR TO rosr.
Tho possession OF SUCH large property seems to
b vo been unfortunate 10 Mr.. Winter According TO
h 5 story, life since coming into possession Of
Lis inheritance has been ono OF nomadc unrest and
while others seeking TO deprive HIM OF tho bcne
pillar TO post with not relative to protect him. nor
any ono 10 for him. Enticed away from the old
family mansion at Flushing, where he had lived all
lie aud well known, he subjected to hard
ships and mado the victim OF fears OF assassination,
that hardly have parallel in all the checkcred
HE OF this great metropolis
DECIDING AWAY HIS ESTATE.
In July, 1867, no took up his quarters In q small
partly furnished house, No. Abingdon square, occu-
pied hy Thomas w. Smith, Il lawyer, whose acquaint-
he had formed few days subsequent 10 his
1albcr's death. several months later he moved INFO
an attic room smith Is Office No. IS Broadway,
Mr. Smith lodging adjoining room. shortly
aiterward, he sweurs, he was Introduced ny tho
iaptur OF the building 10 Daniel q. Brdsa whom no
alleges induced HIM cnango his quarters and take
up residence AT the house OF BIrdsails fahcr-n-
law, William H. Moore, nj No. 50 East Twenty eighth
lie says he had not been there long before Mr..
Brusa induced him 10 make trust decd Of his estate,
Mr.. Blrdsali being made he trustee
MAKE THE DEED
He says at the timc oil executing the deed he
under duress and terror ana apprehension excited
by Birdsa that Birdsal kept him confined IN tho
house alter he had executed the decd to him. and told
him that he in danger Of beng Kidnapped and
hurried OIL TO lunatlc asylum II no vcntured out Of the
house Mr. ana Mrs Moore would let any
HIM except BlrdsaIl and his relations He was kept IN
litile room in rear building. he renamed there
about three years. aud during all this time he was con-
tnualy beng told that II he went out hc would be at
tackled by assassins or gwen drugged liquors and
Thrown Into the river In short lie had no peace IN HE
LIFE
Mr.. Winter states further that 10 was kept secreted
d. IF S 10 hs 81 the
laters laher Chappaqua, where he was kept about
year, when he was removed TO Tarrytown, where he
lived Mr. Condor. The brother-in law OF Btrdsai
In each be assigned TO small attic rooms,
poorly clad and kept without money. During all
this he got word from his relatives, and none
cf them knew mis- whereabouts.
COMMISSIONS LuxATIco TNQUiRESDo.
Meantime the guardians OF ms nephews Mortimer
aud Henry W. Wilson, enjeavorcd early Ia 1868,
through commission de iunatico inquircndo, TO place
his affairs H. charge 81 tle court Ins ga not prove
sound mind. Since then two similar attempts have
been made 10 adjndicate hin a lunatic butwuh the
Same result Notwithstanding all the allegations OF
persons against nm, whether designedy or Otherwise
he stands to-day on the records OF the Court
OF tho supreme Court, the last to
deny application for such writ, such denial being
made in september 1873 In giving his reasons for
such denial Judge Daniels made OF the following
language, which tells volume in se "lf his state
ments reliable as they appear 10 be on the papers,
he been most grossly imposes upon ana misused. "
WINTER STILL A wASDERER
Resuming the thread OF Mr. Winters narrative for
his affidavit is biographical IN character, larry
town shortly proved an insecure place Ior ms resi-
dence Late a dark December night in 1868 he was
to the depot ana brought on TO New York. when
he conveyed 10 Mr. Birdsals residence at No. l5
Lexington avenue.
The same old stories of death by poison, by assas-
sination with knife or bullet or drugged liquors, wcro
continuously repeated with threats OF incarceration at
any moment IN Iunatic asylum II he should lei his
whereabouts be made known. ON stormy morning in
the ensuing April he was taken to Rhode Island.
THREATS OF HIS TRUSTEE
Thus for SIX years, no swears he was controlled
by The threats OF trustee wno says told
addition that he was very ugly customer and dan
gcrous man he could not have hrs own way that no
once fought duel ut Washington and that he would
just soon Kill man rs XIII dog; that ne would
have him placed lunatic asylum he madc any at
tempt TO leave him; That he had great influence with
Court could accomplish whatever Lc unucrook
that he had will OF his father giving everything TO tho
Livingstone children, and only pitance OF $1,000
year hn he could get $50 900 by selling him TO
Livingstone and producing this WILL and that he would
40 i he did not obey ms orders IN every particular
He charges upon Blrdsail ''tnc most wicked false.
hoods, trlcaery, deces, threats and bad conduct;'
that his whole course with reference TO himself
made NJ OF one series Of cunning devices stratagems
and frauds anu that he did upIe ITO take the
lite OF human bcingto attain his nefarous ends;
that he followed man Tor two years, land now,
says he .'he rs dead"
OPINION or JUDGES AND LAWYERS
MIR. Winter swears iurtner that Birdsall told him
that the trust could be set aside any moment
by paying the Judge 81 900; that the times were
corrupt that there we're only two judges in the state
VINO would not break the deed Tor that sum- He adds
in this connection that ho must not "sce any other
lawye than HIMSELF that all the lawyers ana judges
rogues, rascas, dangerous aud dishonest; tnat
piDc OUT OF ten were damned rascais,' that he WAS
always cautious about having Just the amount OF proof
aud The amount OF money required 10 convince each
Judge that right; that TO knew all tho ropes
ana wires and knew the right bower and the lett
bower OF all the judges" Continuing this subject,
which occupies several pages OF Mr winters petition,
Mr. Birdsall Is quoted as telling Mr. Winter ''If
want carry point all have 10 do is to 20 and give
the right bower OF Judge ST. 900 and tie thing
Is done, but sara he, .'it costs like HE'LL
The petition OF Mr. Winter, from which tho above
is gwen, read yesterday 10 proceedings taken be-
fore Judge Donohue, ia Supreme Court, Chambers
But fractional part OF the petition has been gwen,
setting orth among other things, how lie was induced
by Brdsall 10 give false aidavitS IL Is unnecessary
10 20 through all the proceedings that followed IN the
courts motion made before Judge lngrabam
i0r Birdsallis removal, upon which the later
presented his resignation trustee TO cx.
Judge Barnard, wncrcupon the motion Tor his
removal was Withdrawn Tho late John n. White was
appointed as his successor. Mn White, as is well
known. died lew months ago, when a motion was
made the appointment OF trustee in ms pac..
Upon this Judge Donohuc appointed Frederick
with instructions TO take testimony IN
th. casciud recommend proper person Tor such ap.
po,ntnebt Considerable testimony was taken before
Mr. Smythc In the matter Mr.. Bernhard hamburger
vas urged on the hand and Mr.. Edward ). Van
Winkle on the other. MIR. smythc reported In favor
oil Mr. Van Winkic.
PROGRAMMES YESTERDAY IN COURT.
The case came up before Judge Donohue IN Supreme
Court, Chambers on a motion 10 confirm tho report
OF Mr. smythe Mr. Jchn Livingstone appeared Tor
tho motion and Messrs Ira Shaier and solomon =.