The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-12-16

and when l saw how things were, that
my brother, after acting so unjustly to-
ward his son, was to be named guardian,
and the papers allowed him to pc smut
up in an insane asylum, | listened to the
entreaties of my nephew and tried OF
get justice for him. At one time the
Chancellor himself would have been re-
fused entrance to the Jail to see Mr..
Kearney, as were my son and l.. The
warden said no one should see him. To
day the situation is the same as regards
me. l ave been refused abundance TO
my nephew.
Here, then, is a sane man in a So
called country Of liberty, treated without
justice, tried without a hearing, incar-
cerated without an appeal, later on Ike-
ly to be sent to an asylum mere IS
no country but this where money could
ave worked out such a situation ana
crushed a man under the cloak OF JUS
tice. Look home and do justice and then
cry out about foreign countries!
M .Kearny, ST., married a Kentucky
brought up in a country town, Princeton,
which thirty years ago was a village
without railroads. Her family. the Nc
livery, We're farmers. Ny nephew M
son did not wish to go through college.
Some young men have not his aptitude.
His second brother, Philip, could not stay
at Yale. John Kearny, Jr., wished to
live on a farm. He inherited the love
of the country life his mothers family
had lived, and if, instead of battling with
his son. my brother had settled him on
would never had been. Instead OF TINS,
Mr.. Kearny, ST., say his son has drunk
since he was fifteen years OF age, ana
yet John has hardly ever lived with ms
father. He was shut up in a lunatlc
asylum in France. The young man got
out through his own exertionS, and could
have sued the director of the institution,
as in France it was an Illegal proceed
ing to keep him there against his Will.
Then he came to America. His father
sent him out % Montana on $50 a month
and then ceased the allowance. He now
has him snapped up in Jail, to hnally
shut him up from all appeal and all
human help to pine his health away
months ago in the township of Kearny on
a capias secured from the Chancellor by
his father. He was taken to the HUDSON
County Jail, where he was kept until Oc-
tober %, when he was tried before a
special commission of three appointed by
Chancellor McGill and a sheriff's jury of
twenty-four. He had employed Robert
Stockton Green to defend him, but at the
last moment, just as the trial opened. Mr..
Green said that he would have to with
draw from the case as he did not care to
offend General Kearny. Young Kearny
was forced to cross-examine the witnesses
his father produced, and conduct his case
that John Watts Kearny, Jr., had been an
habitual drunkard since October "a, 1884.
AT that hearing young Kearny said
81 question the legality of these pro-
e. = tLAA - tt4tA
resident of the State of New Jersey. I
was born in Kentucky and always lived
there. I carry insurance upon my life
which was taken out last February. The
rules of life insurance companies are very
stringent. One of the questions to be
answered is, Are you an habitual user of
alcohol?' I passed the examination
necessary. Since / have reached the age
of twenty years l have mainly supported
.Did your father ever plead with you
as fathers do with sons?" asked one of
the jurymen.
mo, SIR" answered Kearny; 81 never
had a confidential talk with him."
The young man was returned to the
County Jail and was placed in a private
room adjoining Warden Lemons apart
ments, the windows of which are heavily
barred and the door of which is kept
locked. He has been there ever since, ex-
cept when obliged to appear in court on
one occasion. This was on November Is,
when Lawyer Speer, who had been re-
tained by the Marquise de Kernel, insti-
tuted abeas corpus proceedings to Sc
cure the release Of young Kearny. JUS
tice Lippincott reserved his decision for
a month, and two days ago he denied
the writ.
Should Lawyer Speer fail to secure a
reversal of Chancellor McGilfs decision
from the Court of Errors he will appeal
to the Federal Cour on the ground that
Mr.. Kearny, Jr., is a nonresident and
never has been a resident of the State of
New Jersey, and that, therefore, the
courts of New Jersey have no jurisdic-
ton over him.