The New York herald., 1879-03-07
THE COURTS.
Wrangling Over the Estate Of an
Alleged LunatiG
A DRUNKEN HUSBAND.
The Police Commissioners in Wholesome
Fear of an Indictment

rear OF an Indictment
Mrs. Diana Bannister. childless widow, was in
April last adjudged lunatic. motion to set aside
the lunscy proceedings resulted in the appointment
Of second commission TO investigate the question
OF her alleged lunacy. This second hearing ter
minated in . confirmation Of the previous finding.
which was followed by the appointment by Judge
Daniels of Samuel Goodwin custodian Of Mrs.
Bannister's person and estate. which valued at
$l5.00O and her commitment to the Bloomingdale
Lunatic Asylum. She remained In the institution
thirteen weeks and was then given in charge Of her
sisters Mrs. Jane Giles and Mrs. Ann Elizabeth Ely.
who live at No. II Huron street. Greenpont. L. l..
the arrangement being that they should be paid
$40 week for her board and care. In these lunacy
proceedings Mr. Everett p Wheeler appeared for Mrs.
Bannster and Mr.. George W. Wilson for her sisters.
Messrs. Hitler Hodges were appointed referees to
pass on Mr.. Goodwin's accounts. 1t would look to
the ordinary mind though the above proceedings
would terminate the case in the courts except the
adjustment OF the committees accounts 1t was not
SO, however. Motions and counter motions followed
each other in rapid succession. Sitting after
sitting ensued before the referee. As natural then
came tho footing up OF the bills, beginning with
the expenses of the lunacy proceedings and wind
ing up with the lawyers fees. The inroads on the
estate altogether being something formidable. These
various proceedings in court were continuous
til there came the eliminating motion for the
moval OF Mr.. Goodwin the committee. A slight
turning of the tables followed. Mr.. Wilson now APP
peared counsel for Mrs. Bannster, Messrs. Am
brose H. Purdy and Robert j. Pollock TOR the sisters
tion came up for argument yesterday before Judge
Lawrence, in Supreme Court. Chambers. volumi
nous counter atiidavits were made and the counsel
talked with freedom and acerbity unusual even in
courts OF justice. Mr.. Purdy, for tho motion, in
sisted that the bond Of Mr. Goodwin null and
void through lack Of proper attestation. He even
went so far as to hint ut forgery In the document
"rhe gentlemen may propose any bond they
WISH" interrupted Mr. Wilson, "and we will accept
it,
at is. well enough to say that now. when this
motion is under argument" retorted Mr.. Purdy
.but imagine you will sing different song should
present new bond. The fact is, this man Good
win is . bankrupt and that should end the bond
Mr.. Purdy then went on to say that as things
looked now there would not be dollar Of this estate
left soon, and he charged Mr. Goodwin with allow.
ing exorbtant fees to counsel and payment OF other
extravagant bills.
.It's the very parties who make this motion"
insisted Mr.. Wilson. "who are spending the money.
"An We ASK" said Mr.. Cooper sis for the Court
to wait the report OF the referees appointed to pass
on Mr. Godwin's accounts. and il they hnd that he
has spent dollar improperly we have nothing more
to say. Mr.. Goodwin has made some mistakes,
doubtless but they are the result; result OF ignorance
torted Mr.. Purdyl ''and think 1t time for the
Court to interfere"
stealing He sent spy to my office. who stole some
OF my papers. and not satisfied with that stole
diamond ring from my drawer.
After some further argument and Interchange of
other professional courtesies between the counsel
Mr.. Wilson read affidavit OF Mrs. Bannister.
stating that she was kept IN cold room At her sis
ters house. in Greenpoint; that she was allowed no
fire. thut she was kept starvation diet and wind
ing up with recital. OF her rescue from the house
by MIR. Goodwin few days since. as already fully
published in the HERALD.
''You proved this woman to be insane once. didn't
youY asked Mr. Purdy addressing MIR. Wilson.
"Yes," answered Mr.. Wilson. "and am going
to prove her sane. Her reason was only slumberng
tempt to wrsst her estate from her by her sisters
and she swears that neither OF them shall ever re-
ceive cent"
.The only course the other side seoms to have"
said Mr. Purdy. "is to abuse everybody; but that's
The argument lasted some two hours, at the end
of which Judge Lawrence took the papers, reserving
his decision.
THE CIVIL DAMAGES ACT SUIT.
There was resumed yesterday. before Judge Dam
els holding Supreme Court Circuit the trial of the
suit brought under the Civil Damages act by Mrs
Hannah L. Scully against Daniel Buckley. proprietor
OF the liquor saloon No. 4Ol East Eleventh street. for
$2,5OO damages for selling liquor to her husband
from January to July l. 1877. resulting alleged.
in his constant inebrety. aud thus preventing his
contributing anything tor the support of himself
and family. In the court room there was q large
representation Of liquor Dealers attracted there by
natural feeling Of interest in the hn result likely
to affect their sales Of liquor in future to of fam
nies. Ex-Judge Culver represented the plaintif as
counsel for the Society for the Prevention OF Crime,
and ex-Judge Dittenhoefer tho defendant.
For how long period has your husband failed to
contribute anything for your supportY was among
Sosfss sas Questions asked Mrs. S'a' 0' 'ads' D''sn
.'Eight years." answered the witness.
"How long has he been In tho habit or drtnkingY'
Fifteen years"
Mr. Buckley swore that during the time men,
toned in the complaint ha did not sell any liquor to
x,inf,l htghn md md wi ninr
orders to his bartcnders not to do 20. The latter
statement was corroboratcd by the bartenders.
Another witness swore that he helped Mr.. Scully
while drunk to his rooms in 1867. Some rather
amusing features presented themselves i'll the course
OF the summing up: Judge Dittenhoefer. in the
Brunt, In similar suit recently brought before him.
said OF the OF 1878 authorizing these suits pro
nouncing the man who drew the act an ass and
tho men who passed 1t fools. In this
connection he said that he had no respect for men
who In the Legislature clamor for such laws. and
sooner are their speeches ended 20 to tho nearest
bar and take drink. Ex-Judge Culver. in his reply
said that they did not make raids all liquor deal
ers, but simply sought to enforce the law. His
learned friend. lie said. had calod the plaintiffs
husband 4 "chronic boomer.
"a chronic bum" explained Judge Dittenhocfer.
.What In a chronic bumy" asked Judge culver.
.'You much more familiar with these matters
/ ask you to explain your explanation"
sYou have seen chronic bum on the stand" said
Judge Dittonboeter.
WELL ii Mr. scully is . chronic bum." rctortcd
judge Culver lit Is your liquor that made him :"
Judge Daniels gave very clear and succinct
charge, explaining the purport and meaning of the
act under which the suit brought. aud leaving
1t with the jury. in view OF all the evidence sub
mitted. to give such verdict as they thought the
justice OF the demanded. The Jury, at six NJ,
having been three hours and not agreeing, were
instructed bring in sealed verdict this morning.
A STORY AND ITS OWN MORAL.
The trial Of Ellen McDonough on the charge of re-
. ceiving stolen goods. having. alleged. been
cognizant Of tho fact that her thirteen year
old daughter Mary. employed cash girl
IN the establishmont of Il. II. Macy. cor
ner of Sixth avenue and Fourteenth street. had ON