The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-02-01


ponohue'. Ord~r-A Charge of DruErinR
with Narcotic Poison Drs Flint aud Hnr-
kcr on Mr.. Lords Mental Condition.
r,r Ioit Sup,pe Cunt IN NE mrn,r T n, application NJ
r,opt, Lod Junior, amt o'1er' 'o n, granting nj can
-,sion in M. r1nu, NJ ru ds her,r mfsi ,irio agfa
Th,pni, Lrdg The GU anil Comfy of Neo lo'k
I'pon all the orders, papers, and proceed
ines herein. and on the ailidayits hereto an
noxed u Thomas Lord. Austin Flint. NJ d.. and
Fordycc Barker. VI. u.
II is ordered that the said petitioners. Thomas
Lord. Jr.. Henry Lord. and Francis II. Lord.
Aforesaid show cause. at n special term of this
court to he held at the Court House. in the city
of New York. on the It'll day of February, 1873.
nj IL o'clock i'm the forenoon of that day. or as
soon thereafter ~ counsel can I've heard. why
the order in the above entitled proceeding pur-
porting to have been made at n special term OF
this court on the 3d day II January. 1873 held
before the Hon. &. H. Van Brunt Judge and
the commission in said order mentioned. and
all suhscaucnt proceedings in the above cnli-
tied matter. should not be- vacatcd md set aside
for rrcsularity. in that the application for said
order was not made at any special term of this
-,urt but purportS tn have been made Mt n cir
nit cour, appointed to- Ice held for the trial Of
issues Of fact before n Jury. at a time when such
,irrut court could no, lawfully bc held; in that
the said order was entered and entitled rs II II
had been made at a special term of this court;
IN that the said order WIS madc and entered
without specifying briefly or otherwise the
grounds on which the injunction therein con-
tanned was granted. and without the filing VI
The undertaking or other security In such case
required hy law: In that the said or,icr was pro-
cured Ia be made atac circuit court presided over
hv tho Hon. Charles H. Van Brunt. one Of the
Judges of the Court Of Common Pleas for the
city aud county Of New York. he not being de-
tailed or designated to hold such court. or any
special term Of this court. in the city Of New
York. on the said 81 day January 1873 lin that
the said order was granted In excess Of the pc
uton in said order mentioned in providing for
the issuing Of n commission for the purpose Of
nquiring by jury of matters not authorized in
such case 10y law or otherwise: in TINT said or
der does not direct the trial by aiury Of the mat
ters or issues which are required by law To hc
tried aud determined 10y jury in such cases !;
and in that the said order was granted without
the usual or any proof 10y affidavit or other GER
tfcatc Of any medical person.
|, is further ordered that the said petitioners
show cause. at the same time and place. why
he prayer Of the ssid petitioners should not be
tented. and why such other and further relief
nr both in the promises. should not be- granted
u the said Thomas Lord. AS to this Court may
teem Just
Il further ordered that. in the mean time
and until the hearing and decision Of this APP
plica,on. all proceedings under said order
Aatod Jan. g. 1875 or pursuant thereto on thu
part Of the said petitioners. or on the part oi the
commissioners in said order named, or any Of
them. or otherwise. and the execution Of tn"
said commission. be and the Same are hereby
Dated Jan. 20. ISIS.
Ger ,e,s ,p,,' o.n'i, p. r'', ~ Ne a'i''i'r1 p
Tio.t. Iooi ~ q, op q va ,r.a,,. W s. III.
rNv aud CUu,'y II Ner lori. -. .-Thomas
Lord. being duly sworn. deposos and say-; |
AIN the person Of that name referred 10 ia these
proceedings. have seen copies of the AM
dnvits OF my tire" sons filed herein on the 81
day of January instant and Of an order. 81 the
zane date purp9rfng To authorize MessrS.
my luntcy. or OF my unsoundness Of
mind and mental ineapacity' To manage my
own affairs.
Such order purporis e. have boon made at n
ep'riR term 81 This court held in this city On
he 81 day Of January. hy tn" Hon. &. II.
Van lirunt. Judge. | am advised and helcN"
and therefore aver that the said {. II. Van
Brunt had no lawful authority IT, holt the sand
order. aud that the said order and an proceed
ings hereunder are null and void and ought 1T
rleht 10 be- vacated and s"t aside. The SAID G.
u Van Bruni. H. | am informed and hrii"ye
Was not on the said 81 day ~ January Just 80
~ tho supreme Court. hut was and - n Judge
of the Court of Common pens Of tho city oi
New York, That. ~ such judge of the Court oi
Common Pleas. he was On the 3uth day of De-
romber. 1876. and on the 2lth day 81 December.
1877. duly appointed 10y the Governor II this
State by APPOINTMENT II which copies arr,
hereto annexed. Ia hold Circuit Court, IN the
month of December during tAr year lsi'. and
city aud county Of New York. and the Hon.
George c. Barrett and the Hon. Abraham h.
Lawrence Were, 10y as gnnont Of the Judges ~
said supreme Court. duly assigned To- hold the
two special terms ol said supreme Court within
said rliy and county. for the SAM" month -
January. 1873; and that the said C. II. Van
Bruut had no authority to hold a concurrent
special term A. recit"d In said order. orto max"
or authorize any special term order ~ the
supreme Court during the month of January.
lsiS therefore say. n am advised and be-
.Nn. that the said order and all proceedings
'ouulrd thereon or in pursuance thereof are
without legal authority and should be vacated
sul -'t aside.
an. advised and hcllcye that II such order is
hnAnied II Is possible for my said SONS To-
move 'he Court again upon their petition for a
similar order. and | respectfully submit that
they ought not Ia he allowed SO to do without
reasonable nuticr Ia me; and request that this
'nurt will boy proper order requr" such notice
t. be- given. and make such request for the
/ II = Just TINT when n citizen Is 10 be stimuli
mnoou-ly deprived of his liberty and his
rrornry be should be given his day in court.
.hal we Court itself may he advised ~ to his
"iua condition and whether there is any rrh-
"nah" nr probable cause for sublectlng him to
40 humiliation, difficulty and cost of public
capacity 10 rNuirol his own person and estate.
euch previous Investigation, ms | am advised
ana h"u"y", ls sanctioned 10y the most approved
lF'crioui- I'D ih" courts. il being tho practice ~
mos" irlhunh'a g. satisfy themselves in the first
ih'ian'" IN an ra-'- whore there may
u" doubts 20 ihe end TINT unjust inn
tN'Ation may Dot receive the apparent HI,-
proN4l oi thc Court that populations may be
tdNru, ana mat unnecessary expense may hc
Nolu'l; am informed that this Is csp"riallv
l.lulroh where, ~ IN this casc. the Application
~ interested petitioners is unsupported by the
n-moh OF any physician or other competent
! have resided i'm this city for over SIXTY
l'Ars during that time | believe that have
rHlh'l nnd SIN retain the esteem of nay assoc %
PREVIOUS 10 these proceeding, I, hos
noe,r " nay knnwrdgo, heon intinhird or sue-
aaul 10y ms friends. associates or those with
Iu'W NNi oHa~ipn I" transact business that
Ma1 NJ was becoming "A iunntr. or Of un-ound
~, ,r, am mentally lnWpacltntod To manage
80 tar as professional opinion upon that
tnN may 20" useful, | submit herewith, 10y ad-
nN mNrunsol, the AldHvits ~ Dr. FordNrc
,.dA.f ana Dr. Austin Flint. The" two g'n-
mu were unknown to me- before the inter
,.NS r" l'rrol iu hv them. and We're selected 10
& Nhl 'Nhmln" me on account of their emil
UN eNaraNorAud standing in the medical pro-
r,,u u au invest lgaton by ia" Court should
p..N IN a,.uirmatlrn of tho opinions Of Dr~.
1917 ana mt. IL would seem lust to me that
h'n'4ll b" spared the trouble and mortiilca-