National Republican. (Washington City (D.C.)) 1872-1888, 1884-10-03
INSANITY AS A PLEA.
A New Phase Of the FitIgerald.Lemon Con-
test-A pitiful Tale OF Woe.

Col. N. W. Fitzgerald, in his contest with
Capt. George Il. Lemon for the contest of the
pension business that formerly be-
longcd TO the former, has filed an amended
bill in the equity court in which he prayed for
the canccing of the agreement transferring
the business as set forth in the original bill.
The amended bill which is not sworn to was
filed by Col. Fltzgcralds attorney, Mr.. L. W.
Grant. 1t was commented upon by attorneys
and others yesterday as a remarkable paper,
being considerable of departure from the
ordinary course of pleading by seeking to dc.
monstrate that the complainant was not OF
sound mind ut the time the agreement was
inferred into.
The complainant is made to say that he
now knows and feels that in that terrible time
he must have been deprived of the reason
that God had given him, and that, although
he did not know then or recognize II TO be so,
he now sees plainly that he was ut that lllne
utterly incapable OF conducting any business
transaction with any discretion or Judgment
that the injuries inflicted on him were such as
few strong men could have endured without
having their reason dethrnncd beyond oil nope
of recovery during life. He had built up u
business by his energy and MS integrity
which exceeded In magnitude any business OF
the same character In this country. The hun,
drcds of thousands Of people who had prohtcd
by his labors, who had attained homes ana
happiness through his efforts were constantly
ing their gratitude IN the performance Of TINS
work. Five hundred people, Mt least par.
ticipated and received their daily means of
living out OF the income from this business ness
in the work of building up the
city he had made HIS home
and was performing his duties as cltizen
eager nj all times to advance her interests. At
this time n storm burst upon him; u was
ushered in by libel rs fearful in It's yindctive-
ness and falsehOod, as loathsome In Its hideous-
ness, as was ever placed before people ny the
press of any country. There was no checking
IL: IL spread itself everywhere, and when, for
lack OF breath IL ceased, millions OF people IN
this land only knew the complainant as these
libClers had drawn his picture, and he was
remedilesS to stay the storm Then came sus,
pension from business on charges of fraud and
dishonesty, and with II the loss of professional
reputc and honor and the utter destruction ana
ruin of his business. For period exceeding
six months the petty charge remained Enacted
upon in the office of the secretary, when
twenty. four hours investigation would nave
informed the office that Il was trumped-
up charge, and with his reha6ilitation
came the declaration that in this long
period they had been able to ma
no evidence to sustain q charge against the
professional conduct and character oil thls
complainant who each morning during that
terrible time awoke with the hope that on
that day his vindicntion would be made, and
each night went to his bed with blighted
| hope to make 1t one long endless period OF
| unrest. lncn came lnulCtulellL III tlc tlhlu "
| injuries, and under this sank, broke up his
house, sent wife and children from him, and
Stunned the gaze of his fellow men.
THE judgment OF court complete and iull
though 1t was in its yindication could not
! take the sting out which ranked In the heart
| OF this man lie went to the woods of Florida,
but i'll fortune was again In his path, and q
| luckless shot from his gun severely wounded
| his foot" and amputation followed. When
| he went from his sick chamber II was rs n
| cripple, and his physician told him that he
must give his brain rest.
at was at this time" the petition continues,
| "whcn his eyes were too closely sealed to the
light of reason TO comprehend the ialslty OF
the Representations made to him, to feel sus,
picious of their truth and exert himself to find
out what the truth was, that he accepted and
believed in the specious statements made by
| the defendant Lemon" And he states that
the agreement obtained from him would not
have been so obtained If he had not believed
| the statements true.
He therefore prays that the agreement be
declared null and void; that an account be
rendered, and Mr.. Lemon enjoned from
further carrying on the business transferred
| by Col. Fitzgerald,