The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-01
The Bridegroom UnmaskS His Bat
terieS and Opens Fire.
A LEGAL BROADSIDE.
Distinguished Physicians Declare Him To
Be Mentally Sound.
FORMIDABLE AFFIDAvITS.

The mystery which has enveloped the marriage OF
Mr.. Thomas Lord with the beautiful and fashionable
widow Mrs hicks seems to be in iaIr way OF being
cleared up by the adavits OF the gentleman himself
These interesting documents will be found appended,
together with sworn testimony OF such medical ex-
aminers Drs. Austin Flint and Professor Fordyce
Barker. There has not been in America probably
such cause cee0re here presented to the public,
and doubtless the general interest Will be increased
by these developments The letters published
arc not the cast curious of the case and the
whole affair seems like stray leaves pucked
nom sensational novel thau the record Of affairs in
daily and prosalc human fe:-
New YoRK SUPREME CoUaT-In the matter OF the
application Of Thomas Lord, Jr. and others for the
g,s q commission ~ nc nature a. ~ ss ; gs
and county Of Neo fork-Upon all the oroers,
papers ana proceedings herein, and on the aidavlts
hereto annexed OF Thomas Lord, Austin Flint, NJ. d.,
and Fordyce Barker, NJ. DIT is ordered That the
SAID petitioners, THOMAS Lord, Jr.; henry Lord and
Francis d. Lord aforesaid show cause at SPECIAL
OF this Court, to be held at the Court
House, in the city of New York, on the
In the forenoon OF mat day, or as soon there
Ator as counsel can be heard, why the oraer
in above cntitied proceeding, purporting to have
been made a Special Term of this Court January
g. 1878, held before the Hon. Z. H. Van Brunt, JUDGE
ana tue CO N mission IN said order mentioned and all
subsequent proceedings IN the above entitled matter
should not be vacated and set aside Tor lrreguarty
in that the application Tor said order was not mace ~
any Special Term OF this Court but purports TO have
been made Circuit Court appointed 10 be hold Tor
Trial OF issues OF fact before jury al time when
Circuit Court could not lawfully be held In that
the SAID order ana entitled as II II had
a Special Term Of this Court; IN that tho
said order made and entered without specifying
briefly otherwise the grounds on which the pJunc-
hon therein contained was granted and without the
Hing oil the undertaking or other security IN SUCH
case requires by law that the said order was pro-
rured be made ut Circuit Court presided over by
The Hon. Charles II. Van Brunt, of the Judges OF
The Court OF Pleas the city and county Of
New York, ne not being detailed or designated 10 hold
such Court or any Special Term Oh .hs Eo9rt In Tue
the said order granted In excess OF the petition In
said order mentioned, providing for the Issuing Of
Tor the purpose of inquring by jury OF
matters not authorized In SUCH case by law or otner
wise THAI said order does not direct the trial oy
jury Of the matters or issues which are required ny
law to be tried and determined by a jury IN such
cases, and III that the SAID order was granted
without the usual proof by AFFIDAVIT or other
certificate OF any medical person.
II is further that the said petitioners show
cause, the time and place, why the prayer OF
such other and further relief or boh IN the premises
should not be granted to the said Thomas Lord. as TO
TINS Court may seem just
1t further ordered that in the meantime and
until the hearing and decision of this application all
proceedings under SAID order, dated January 1878,
pursuant thcreto on the part OF the said petition
the part OF the commissioners in said ordcr
named, any of them otherwise ana the cxecu-
tion OF the said commission be and tns same are
hereby stayed:
CHARLES DON0HUE, Judge Supreme Court.
DATED JANUARY 80, 1875
MR. THOMAS LORDS AFFIDAVIT
New YORK SUPREME CouRr-Il the matter Of the dp-
iicdtion Of Thomas Lord, Jr and others for the grant
ing of IN the nature Of orit de lunatico
ingrendo against Thomas Lord of the city and county
of Neo York-City and County of Neto York, So
Thomas Lord, BENG duly sworn opposes and says
am the person oi that namo referred TO In these
proceedings have seen copies OF the affdavtts OF
my three sons, filed herein the Sd day OF January
inst Of order OF the same date purporting TO
authorize Messrs Fancher. Fish and Peters to inquire
by jury OF my 'lunacy"o or OF my 'unsoundness of
mind' and "mental incapacity'' TO manage my own
affairs.
Term OF this Court hold in this city the Sd day Of
January by the Hon g. n. Van Brunt, Judge. / am
ADVISED aud believe and therefore aver that the said
e. H. Van Brunt had no lawful authority to hold the
said Special Term or to make authorize the said
order, and that the SAID order and all proceedings
Hereunder arc null and voId and ought of right TO
be vacated ana set aside. The said T. IL. Van Brunt,
as informed and believe was not on the said 81
day OF January Justice OF the Supreme Court but
and n Judge Of the Court Of Common Pleas Of
the city OF New YORK; that. as such Judge OF tho
Court OF Common Pleas, he was on the Both day OF
December, 1876, anc the 24th day OF December,
1877 duly appointed by the Governor OF tins State,
by appoint OF which copies hereto annexed.
hold Circuit Courts the month OF December dur
ing the 1877 and Tor the month OF January, 1878,
within the saa city and county of New York. and tho
Hon. George c. Barrett anu Hon. Abraham X. Lawrence
WERE b. assignment oil The Judges OF SAID Supreme
Court, duly assigned to hold the Two Special Terms OF
said supreme Court within said city and county, for
tho same month OF January 1873, and that the said
e. Il. Van Brunt hud no authority to hold a concur
Special Term as recited IN said ORDER or to make
authorize any Special Term order oil the Supreme
Court during the month OF January. 1878 there
y,
order and all proceedings founded thereon in pur
suance thereof a.e without legal authority, and
should be vacated and set aside
| am advised believe that II such order is
vacated II Is possible Tor my said move this
Court again upon their petition Tor similar order,
ana respectfully submit that they ought not TO 10
allowed to do without reasonable notice to me;
and request that this Court will, by proper order,
Qure such notice TO be gwen, and make such re-
quest for the following reusons:-
First-lt is just that when citizen Is to be stimuli.
faneousiy deprived OF hrs liberty and his property he
may be ADVISED AS TO his actual condition, ana
whether there an or probable cause Tor
subjectne nm 10 the humiliation, difficulty and cost
OF pubic jury trial upon the question OF his mental
capacity TO control mis- own person and estate such
previous investigation am advised and believe,
sanctioned Y me mos. approved presidents IN .ne
themselves the brst instance in all
there may be doubts, to tho end that unjust
imputation may not receive the apparent approval
ol the Court that regulations may be saved, aud that
unnecessary expense may be avoided. | am informed
rhatths IS especially required where as in this
the application OF interested petitioners unsup-
ported Oy tho opinion OF any physician or other COM
pcteni person.
Second-I nave resided in this city for over sixty
years. During that time believe that have gained aud
tti retain the estecm OF my associates Previous 10
tbese proceedings II has never TO my knowledge been
intlmated suggested by my friends, associates
those with wnom had OCCASION 10 transact business
that was becoming iunatic, or OF unsound
mind, and mentally ibcapac!tated to manage my
affairs
THE MEDICAL EXAMINATION
SO far Is a professional opinion upon that point
may be useful / submit herewith, by ADVICE oil my
counsel, the afldavis OF Dr. Fordycc Barker aud Dr.
Austin Flint These two gentlemen we're unknown TO
me before the interviews referred TO by them, aud
we're selected to visit and examine account OF
their eminent character ana standing in the medical
Profession II an investigation by the Court should
req a confirmation OF the opinions OF Drs. Barker
and Flint would seem Just to me that should De
spared the trouble ana modification Of iurlher
ceedings herein.
nave large real and personal estate, which nave
managed anu controlled down TO the present time
without any other assistance than such usually
employed. 1 have collected and reInvestcd or dis
bursed income, and nave done generally all that
was necessary preservation several years ago
entered into an engagement OF marriage with NY
present wife, and consummated such engagement
believing that II afforded the best means TO assure
comfort happiness to my declining years Before
Al was consum mated about the 10th OF Do
ccived fro m my son. Charles Lord, letter, which
know to be In his underwriting addressed to her IN
her then name, IN these worlds
A VERY CURIOUS LITTER
Mrs Hrcxss-
MADAM-As you Of the TACT that my fathers
al