The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1895-06-07
HOYT AGAINST GREEN.
Mary Irene Brings Suit Against Hetty
For 100000 Damages.
ALL BECAUSE OF A REMARK,
A Prospective Legal Battle Between Two
Famous Litigants-NIlss Hoyt Denies
That She Is Insane or Ever
Has Been In an Asylum.

a
office of Henry H. Anderson, 80 Wall
street, about Miss Mary Irene Hoyt. Mrs
Green's words, as quoted in newspaper
on May II, were
did you ever see such set Of buz-
zsrdsS Oh, it is sad to think of poor Irene
Hoyt Joe Choate and the other buzzards
got hold of her and she is in an asylum
now. Barling was the star witness for
Ohoate in that case"
Miss Hoyt's lawyer, Frank ]. Dupignao,
served a summons and complaint on Mrs.
Green to recover S100, 900 damages for the
use of this false and defamatory" Ian
guage, as IL is termed. The complaint as.
serts that the poor Irene Hoyt' men
toned is the plaintiff, that u Joe Choate" is
Joseph H. Choate, and that Mrs Green
intended to imply, state and by direct
language and by innuendo to declare TO
the persons present and to the public that
plaintiff was mentally incapaoitated and
was insane and was restrained Of her per-
sonal liberty by reason of her inability to
care for her person and her estate, all of
which is false, malicious and untrue"
In aggravation of damages Miss Hoyt
gives review Of her own litigious career.
She asserts that between 1884 and 1889
she was engaged in litigation over the
Hoyt, and that in the contest Mr.. Choate
was one of the counsel for the proponents
of the will and, consequently, against her.
Miss Hoyt Not Insane.
She adds THAT in said proceedings the
PLAINTIFF mother, Helen Maria Hoyt was
q witness and testified that her daughter,
the plaintiff in this action, was not and
never had been insane, and that in such
proceedings, during all of said years, the
plaintiff was treated by all the courts in
which she was a litigant, including the
surrogate's court supreme court and court
Of appeals of the state of New York and
the United States, and ksher courts in the
state of Michigan, as a perfectly compe-
tent litigant, fully able to conduct her
business and her affairs, but in some Of
said litigations it was claimed that the
plaintiff had been at one time restrained
of her liberty, and this fact was generally
and largely published throughout the
United States IN the public press, and the
plaintiff in this action claimed and insist
ed that such restraint was unwarranted
and brought an action against the persons
| who were responsible for her false impris-
onment, laying her damages at very
large sum Of money, and all of these feots
were also published in the newspapers at
the time Of said litigation that all of the
proceedings were thereafter settled be-
tween the parties and withdrawn, and the
plaintiff was in all those proceedings of
settlement treated by the litigsnts therein,
their counsel, attorneys and by the courts
as a perfectly competent litigant. -
Miss Hoyt says that since the termina-
tion of those proceedings she has led a
quiet life like any other sane and respect
able person. Mrs. GREEN'S utterances,
she declares, have served to revive the pub
lie interest In the former litigstions and
tend to make the public and persons with
whom she transacts business believe that
there is foundation for the stories. All of
this, she concludes, is greatly to her dis.
tress of mind and body and to the embar-
rassment of her business affairs
Barling's Answer.
The lawyer against whom Mrs Green
is so bitter, Mr. Choate, filed in the surro-
gates court Henry A. Barling answer in
the proceedings brought by Mrs. Green for
his removal from the position of executor
and trustee under the will of her father
Edward Mott Robinson, who died about
80 years ago.
A suit involving Mr.. Barlings accounts
is now pending before Mr.. Anderson as
Eeferee, and it was at recent hearing that
Mrs. Green used the words that have
brought Miss Hoyt forward again as a
litigant Mrs. Green recently tired of the
delays before the referee and began the
proceedings in the surrogates court for
Mr.. Barling's removal charging that he
had not accounted for all the money that
he received
In his answer Mr.. Barling denies that
he has misappropriated any portion of the
estate. He says If the court determines
that Mrs Green's claims are we'll founded
the satisfaction of any Judgment will sim
ply involve the transfer of the sum she
shall be adjudged to be entitled to from
the capital to the income account He
says the only real question is whether
some sums aocruing to the estate are in
come or whether they should be accounted
for as capital. He alleges that there is no
foundation for her belief that the settle
ment will show that he has failed to ao-
count for large sums that he actually owes
her. He estimates that the amount now
due her is in the neighborhood of $500, 000.