The morning call., 1892-06-17
MRS. STARKE RESISTS.
She VIII Not Leave the Home
Unless Compelled.
The Long-Fought Case of the Lady Managers
to Out Her Transferred for Trial to
Justice Of the Peace Low.

Yesterday was the day set for the trial, as
originally intended, before jury and Presid-
ing Justice of the Peace Gray of the case Of
the Old Peoples Home TO declare that Mrs.
Elmira Starke, a descendant OF the General
Starke of revolutionary fame, is not entitled
to remain as an inmate Of the home. she
claiming under life inmateship."
The courtroom was packed with ladies
and gentlemen interested in the proceedings,
and we'll known in the community on ae-
connt of their connections with benevolent
and charitable institutions.
The case having been called Mrs. Clara
S. Foltz, who has fought for Mrs. Starke
every imaginable point with vigor, protested
against going on with the trial. Your
Honor" said she, II object 10 the jurisdie
ton Of the Justices Court in trying this
case. think the Superior Court ought to
try it."
Judge" interrupted Charles F. Hanlon,
attorney for the home, this matter of juris-
dietiOn has been passed on seven times al
ready, and decided against the learned lady
on the other side"
"Oh, | think l have jurisdiction" sug-
gested Justice Gray, but perhaps the lady
objects To me on the score OF prejudice
ION, thank you, Judge, for that" eX-
had been half won, Il have been nagging
after you in this case, and naturally you
are a little Disguised with it. For four
months l have kept you in hot water, and
of course you object to being parboiled."
REAsSIGNED.
Counsel affirmed and dsavowed and
finally Justice Gray decided to reasslgn the
case to another Justice. but then Mr.. Han
Ion would not try a case before this gentle
man, and Mrs. FOltZ wouldn't think OF try
ing her case before that gentleman, simply
because" and so il went until finally Mr..
Low was agreed upon, though Mrs. FOltz
was candid, when his name was first men,
toned, to object to him also, because few
days ago he had partially decided a case
against her when she ought to have won the
whole case.
All this mad taken up almost the entire
forenoon, and when all the interested ones
had taken possession of Mr.. Lows court
room, that very timid gentleman asked very
timidly whether some one would not kindly
tell him what the case was all abOutP
Mr.. Hanl0n was more than willing, and
he proceeded to say that he expected TO show
that when Mrs. Starke entered the home she
signed a contract in accordance with the
rules of the institution, whereunder, upon
payment of $500, she was entitled to be cared
for during her natural life, but with condl-
lions attached which she had violated, and
therefore the contract was void.
She was furnished with a comfortably
furnished room, and one Of the rules is that
strangers shall not be admitted there. In
violation Of this rule she entertained her
son, who Is travelling minstrel, and brought
him food from the dning-rOOm, which is
also against the rules. She played quots
with the dishes and kept light burning in
her room after the designated hour of $3.50
O'clock. She was disrespectiul to the ma
tron, used unbecOming language ana was
violently disObedient in her actions
WITHOUT PERMISSION.
She would leave the house at any time
without permission, taking what is called
French leave" Lastly, she would not
pass things at the table, and In fact, Instead
Of making it happy home, she made a
monkey and-parrot sort of time.
Your Honor! Your HOnor!" protested
Mrs Foltz, 'what does he mean by that
terrible expression 'mOnkey-and parrot
time? protest against such language"
Restrain yourself, Mrs. FoltZ, pleaded
Justice Low, mildly; Il will give you a
chance TO use whatever expressions you
choose"
"Oh. WELL" added Haulou contritely,
parrot time don't mean any
thing especially"
81 never use adjectives that don't mean
anything" responded she.
The court will take judicial notice that
parrot-and-mOnkey time means nothing"
Hanlon also said that the MizDah Society
bad paid the $500 by which Mrs. Starke
secured place in the home. That money
was long ago returned TO the society,
although there have been statements to the
contrary. Mr.. Hanl0n continued that the
lady managers notified her to attend a meet
ing when they were 10 consider complaints
against her. but she refused to attend and
they decided 10 demand that she yacate her
room, as she was go longer entitled 10 re-
ceiye any benefits from the institution.
al. a 10. 4
PRED, and that she had been paid back the
$50 advanced for her.
NOT NONsUITED.
Then Mrs FOltZ asked for a nOnsuit on
this statement, arguing that Mr.. HanlOn
had endeayOred 10 sustain his action by
sort CT hocuS-pocus reasoning unintel-
legible, at least to the feminine mind. 81
believe" she said, they claim that
woman cannot understand logic"
The motion was denied and then Mrs.
Carpenter. the matrOn, testified that such
room as occupied by Mrs. Starke is rented
for about $50 month. without board.
Rooms are rented without board and some
rooms are rented for Sl4 month with
board. MIS-. Starke had never paid any
rent. a deed of the Charles Crocker Trust
to the Old Ladies' Home was put in evil
dence and then the plaintiff closed.
At the afternoon session Mrs. Foltz had
the floor almost exclusively and in turn
NNAb ufEA al AuS AbChuitul peas dbuul
suficency of the pleadings, Jurisdiction,
etc. which Justice of the Peace Gray had
Oyerruled originally, which Judge Wallace
had oyerruled on review and which Justice
Low felt himself constrained in turn to
overTule after the shedding upon them OF
all this high eande-pOwer legal light But
the afternoon had been consumed and so
the defendants case went over until to-day.
THOSE PRESENT.
Among those present were: Mrs a. NJ.
Easton. Mrs. George Ii, Tyson, Mrs. d. j.
Staples, Mrs. J. Spruancp, Mrs. G. I. Mills,
Mrs. w. p. Shaw, Mrs. F. T. Norman, Cap
tain Charles Nelson. A. W. Soft. e. g. Mas
tick, Isaac Hecht, Mrs. Isaac Hecht, Mrs
William DICK. Mrs. 5. w. Scott, Mrs. VIII
liam II. Brown, Mrs. p. Il. Bowles, Mrs. j.
II. Barton, Mrs. Z. J. Saunders, G. V. S.
Gibbs, 5. b. Peterson. DR.. A. Z. Wood
ward, Mrs J. l.. Martel, Mrs. c. c. Nc
MahOn, Mrs. Captain Friele, Mrs. c. Cush-
ing. Mrs. IL. Yeamans, Mrs. G. E. Miller.
Mrs. Z. L. Carpenter, Joseph KnoWland
w. f. Browne, Joe Rosenberg.
THE STOCK MARKET.
The market opened duh and heavy Yesterday