The New York herald., 1877-01-21
VIRTUE ENsNARED.
AN OLD ENGLISH BAcHELoR's UNPRoTIrADLH
REAL ESTATE TRANSACTIONS WITH PRETTY
ENGLISH AcTREss-How GENERAL" FUNK


REAL ESTATE TRANSACTIONS WITH PRETTY
ENGLISH AcTREss-How GENERAL FUNK
SOLD HIS LEASES OF IRVING HALL.
case possessing some strange features OF interest,"
and involving such we'll known New York characters
as ''3enerai" Funk and Miss Helen Ballou an English
actress somewhat known in theatrical circles will
come up tomorrow before Judge Donohue, IN the su-
preme Court. william A. Virtue, the publisher and
bookseller at No. IL Dey street, an Englishman by
birth, died August 1875 leaving fortune estimated
At between $780, Oo0 and 100000 he lived and died
an old bachelor although II the plaintiffs in the pros
cnt suit are right lie altogether insensibe to
the charms OF the fair sex Miss Baliou is q plump
and attractive blonde, whose powers of address arc
be fascinating to extraordinary degree, and
who has lived only lew years in this country. Mr..
Virtue lett will bearing date September, 1874, IN
which he bequeahed tho greater part OF bis property
TO James Sprent Virtue, his brother, and
william Moore ShreG, another relative. both
residing in England and these as well as
tho other English heirs have brought SUIT
here against ssGeneral Funk, Miss Ballou
and several others restrain them from prosecuting
certain claims against his and from disposing Of
certain property which thoy charge ''Genora Funk,
Miss BalloN and others conspired to obtain from Vir
before his doath by obtaining evil and unvir-
tuous mastery over his mind.
PROPERTY CHKAPLY OBTAINED.
Miss Ballou, 1t appears from the complaint. received
from her vrtuous bachelor friond tho nincty-nino
years. loasc Of his premises No IL Dey street, sup
posed TO be worth $4,000, for tho trifng consider
alton OF cent and the suit seeks set aside this
and other transfers OF property made by Virtue to tho
were while he in enfeebed state OF mind
and procured by fraud and undue influence. The iol-
lowing Is synopsis OF the complaint:-Afer setting
forth the facts OF his death and OF tho probate OF the
will both in London and In Now York, states that Tor
year previous his death the virtuous old bachelor
was disspated, became addicted to imm0raitios and
q prey "to designing persons" who might desire TO
rolIcve him OF some OF the "nlthy lucrc' which en-
cumbercd him In August, 1874, he returned TO New New
land visit 10 relatives, and took up his residence
at Irving Hail. Hero good msny delightful French
balls were given, which must have been dstastetu 10
od bachelor bearing the name he did, but Virtue,
nevertheless according to the complaint, enjoyed him.
self exceedingly well. IL s charged further on that
augustus Funk otherwise known as general" Funk
t'pretended to entertain great friendship for him,
and cultivated his society and by every
his power. and encouraged ms well as joined
him in acts of dissipation and riotousness and sought
by various methods 10 obtain an influence and mas
terry over him which would aiterward be made use OF
to the advantage OF himself the said Augustus Funk.
ALLEGED CONSPIRACY AGAINST VIRTUE
He Induced Virtue TO purchase OF hmm MS leases OF
price OF So 500 for which Virtue gave his promissary
notes. Genera Funk, is alleged still further. be-
by profession and who il apparently person
OF very great ability and address, and the plautis
0Iego tnAt the sAlO Augustus RANK anu heeu %
Baliou from the period OF said Virtues return
country, constantly seen In his company partic-
ipatinR In many Of his uscmcnts AMI dsspatiOns:
living TO great extent upon hts means and avaiing
themselves constantly and in many ways OF their IN
hucnce over him TO procure advantages at bis OK.
pense; that Miss Ballou imposed upon Virtue
that tie t&d her 81 900 the leases which he
had bought lor 81. 500 from Funk. a large portion
OF which money she had paid; that Virtue also
transferred to his fascinating young countrywoman
lease OF ninety years Of his Dcy street property
for cent that she paid NO consideration therefor
and that the transfer twas procured TO be mado
through fraud and misrepresentation; that Virtue
also transferred to her house ana lot In Brooklyn for
O0O but that she does pretend TO have paid
than So 0O0 and that she transferred this prop
erty to Mario Funk, the mother OF 'General" Funk,
which conveyance should be set aside as fraudulent.
Tho plaintiffs also assert that 'Goneral'' Funk,
sorry notes. given for the Irving Hall leases George
Coffee and that George Coffee transferred them 70
Michael Coffee that the Canees have brought suit upon
these notes. that the proceedings TO recover upon
these notes should be stayed by injunction
on the ground Of fraud In the whole transaction.
FUNK DALLoU.
It is further charged "that Augustus tieneraPFu
at all times herein before referred 10, was person
pccuniary means or responsibility; that the sait
defendant Helen s. Balou although she claims to be
actress by profession, has not followed that calling
has no apparent Of subsistence Of gaining
livelihood" )" &c; that they ''c0nsplred together u
cheat and defraud" Virtue. and that the procecding
70 recover upon the promissory notes given by Virtue
OF property should bc set aside on tho ground
fraud. Judge D0nohue, the above showing. granted
a temporary Injunction, and the case comes up to
morrow "a motion of the administrators (Lord. Dal
Injunction permanent. Messrs Sullivan, Kobbc
Fowler the counsel for Mcssrs Coffee, ana br0uah
tho suits upon the promssory notes and will ress
tho motion as far as their clients are concerned.