The New York herald., 1877-12-07
THE COURTS.
A Crime Alleged To Be the
Result Of Insanity.
MABEL LEONARD AGAIN.
Invoking Science as an Agent tor De-
tecting Fraud.

Frederick s. vanderpoel some time ago was ndicteo
by the Grand Jury the Court OF General sessions
for forgery In the third degree. He PLEADED mot
euity'' to the indictment and was sent TO the Ciy
Prison pending his trial Tor the alleged onence Mean-
limc, It seems, proceedings were Instituted 20 nave
him declared insane with this objecs in WOW pet-
ton was presented 10 Judge Larremore IN the Court
Of Common Pleas made by Mr. Edward vandcrposl
the father OF the accused Mr.. vanderpoei states In
his petton that his the time OF committing tho
efrcncc Tor which he indicted was lunatic and
wholly incapable OF distinguishing between right and
wrong and consequently wholly irresponsible In the
premtses Tho petitioner further states that his
son has NO properly. and by reason OF his insanity
should NOT further prosecuted but sent to tho State
Lunatc Asylum. The two physicians certifying to mis-
insanity state that IRON long existing abnormal con-
dition OF brain, inducing disordered imaginaton
has resulted IRRATIONAL action, such as denying hts
identity representing himself othor person
ana acting as physician or surgeon at times oeevnk
that They also mat they believe him an
Improper person to DO at largo Augustus @. Wander
poe affidavit in which he says that ne II the
brother Of Frederick sna' vs, ,ns Sv a
wagon, inficting serious injuries on his head
and fatening his face BY reason o which no was con-
fully the effects OF the accdent that
since the accident Frederick has exhibited marked
sympt0ms OF mental alteration, which has developed
tisclf IN the manner certified TO by tho physician;
that prior to the commission OF the offence charged
Ings 10 have him declared insane, and that hc es-
capped IRON his keeper or guardians AMI they were un
day signed an order referring the matter exJudge
Joachmsen, to tako proofs and report to the Court
The MABEL LEONARD CASE.
Alter the recent protracted judicial inquiry In tho
case OF Mabel Leonard child actress, and tho APP
point ment by Judge Donohue OF Mr. Frank Girard as
her GUARDIAN it supposed that such action would
terminate all further proceedings In tho courts An
cement, however, that Mr. Girard intended TO
bring her Tony PASTORS variety theatre IN tho
drama "The Flower Girl OF New York." did not, 1t
.ecms meet the approval OF John Messam, her
.atner and he took to prevent her appearance
ana through his counsel, exJudge Dittenhoeicr .
temporary injunction was Obtained restraining Mr.
G,rard from allowing her to play On tho question Of
making permanent this injunction the case came up
Tor argument yesterday in Supreme Court, Chambers
before Judge DAVIS On behalf of the motion Judge
stated that the petition Of
Messa the father of the child, setting forth that his
daughter Annie Messam, otherwise known AZ Mabel
Leonard under thirteen years OF age that at the
time Mr. Girard appointed her guardian BY order
OF Judge Donshue, while 1t was known that he was
the stage manager Of Tony Pastor was agreed that
Mabel should not be placed on the stage OF variety
theatre; that in violation OF such agreement she has
been advertised appear At Tony Pastor's and that
would be exceedingly injurious to her future career
and hor reput appear at such class OF theat
Yical entertainments In reply, Mr.. William E. Howe
cinmeu that her appearance at Tony PASTORS would
be good preliminary school in chosen profession,
and he cited Maggie MITCHELL Lota and others, cec
brated in the hisronic art Instances Of success tho
foundation OF which was laid ut varlcty theatre.
Judge Dittcnhcccr replying, said that whe he was
not there 10 disclaim against variety theatre,
IL was well known that they wcrc attended
almost exclusively by scntleRen and that tae refining
influence OF LADY audiences was almost entirely want
ing He could not better characterize II than by
exhibiting 10 HIS Honor the playful oil tho day on
which Mabel vas advertised TO appear He said the
estnv ftt 0hAl nrA
was the ward OF the supreme Court, ana II the Court
permitted her 10 play at variety theatre the Su-
preme Court would DO virtually running variety
theatre when, he hardly thought, the Court was
pared DO, Notwithstanding the rose coored picture
presented Dy the opposing counsel Mr. Howe, In
terrupting said that matinecs tho theatre filed
with ladies'. This fact Judge Dittcnnocfer SAID he
admitted but he did not think their presence on those
days would havo good moral effect tho child.
After considerable further argument Judge Davis took
the papers, stating that he would consult Judge Dono.
hue the question as 10 whether there was an agroc-
ment that she should not be placed ON the stage Of
variety theatre
PHOTOGRAPHY A DETECTIVE AGENT.
Several months ago, the trial Of tho suits
brought by Austin, Black l. TO. against the Conti-
mental Bank TO recover some 500 900 on check upon
the bank, the certncaton to which by A. H. Timp-
son. tho paying teller is alleged TO bc forgery some
Interesting Photographic experiments were mado in
Inc presence OF jury with the view to determine
Tho fact OF tho cer.ihcation IN question. The
Jury unable 10 agree At tnat tr1ni
and tho case, as already reported In the
HERALD is now being tried second time
before Judge Van Bruui. holding Supreme Court Cir
cult. Alter being trial for nearly three weeks the
defence yesterday closed their case by Offering tho
testimony OF Professor Chandler oil Columbia College;
Professor Laindy, OF the school OF Mines, ana Profess
Morton, OF the Stevens Institute. These gcntle
men, photographs taken OF Tho check in dispute
and other cnccks, the genuncness OF whose certlca
ton Is undisputed, indicated what they claimed to bc
differences tho writing. In order to ocular
a
repeated, the room. OF COURSE being
properly daikened Tor this purpose. 1t
quite novel exhiUilion in q court room we'll
beautiful illustration OF the efficacy OF scientific
knowledge in legal Investigation. Upon an immense
canvas were ctured mammoth copies OF the check
dspute other checks and then stiii more magn
Jurors with their eyes TO trace out l,ne by line
and by curve all the aDguiarities and siIuos
lies OF tho Photographic checks thus presented 10
Some testimony IN rebutta is all that remains
TO be offered, and strong elort Will be made 10
tho case 10 the jury To-day.
THE MORRIS DIVORCE SUIT.
Tho trial OF tho Of Matilda C. Morris against her
husband Robert G. Morris for limited divorce on the
ground Of alleged cruelty full facts which have
already been published the HERALD was commenced
yesterday before Judge Van Hoesen in the Special
Term OF the Court Common Pleas. Botn tho parties
to the suit are very aged ana present a decidedly
venerable appearance. The old lady opposite her
Iord and master in tue court room and The two frc
quenty exchanged glances betoscning an eager
est IN the progress Of the trial Mrs Morris the
plaintiff, was represented by Mr Matthew 4. Brecn,
white Mr. Samuel H. Randall appeared for the agod
defendant. some oi the numerous children OF The
unhappy couple were "a court and listened 10 tho