New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-07-21
GOUTERNEUR KORTRIGHTS HEALTH.
AN EXPERT swEARs THAT HE is lNsANE-slMl.
LAR TESTIMONY FROM HIS WIFE.

AN EXPERT swEARs THAT HE is INsANE-SIMI.
LAR TESTIMONY FROM HIS WIFE.
Justice DAILY resumed taking testimony In the
Kortrght habeas corpus proceedings yesterday
afternoon. Mrs. fortnight. who is seeking
through writ Of habeas corpus 10 recover the
custody Of her seven ear-old stepdaughter Alice
from her sistern- law. Miss Phipps. was recalled
TO testify. There a large attendance In court
Mrs Kortright had been on the stand telling her
side OF the story when court adjourned on
Tuesday night. She then said that she had been
Informed by eminent physicians that her husband.
Gcuveineur Kortrigi.t, was mentally unbalanced and
that she did not think he was able to properly
manage his own affairs. She also said that she
loved her stcpdaughter dearly and that II she
had control over her she would devote her time
and money 10 her education. Miss Phipps has
already said this
Under cross examination Mrs Kortright ad-
mitted yesterday that she had talked with Mrs.
Hall In Saratoga. but strenuously denied that she
mad told her that Mr. KortriGht not suffering
from a form OF insanity. and that doctors whom
she had consulted had Informed her that Mr.. KOrt-
right was sound mentally. Mrs. Hail. according TO
John VI. Bowers, counsel for Mr.. Kor,rght, has
made an affidavt the effect that such con-
versaton did take place.
Mr. Bowers asked that number Of letters writ
ten by Mr. Kortrght be put in evidence. but Mr..
Lindsay who appears for Mrs. Kortright. strongly
objected on the ground that they were confidential
communications II was finally agreed however
to put the letters in evidence. Mr.. Lindsay was
next about 70 ask question as 10 the checks
sent TO Mrs. fortnight by her husband when Mr..
Bowers said that If re did he would be obliged TO
compel Mrs. Kortrght to produce her bank
count and examine her on 1t. Mr.. Lindsay asked
no further questions on this point except as TO
what the witness did with the money received by
her Mrs KortrPht replied that she expended it
in paying Mr. KorT!ghts doctors bills
Further examined Mrs KOrtright said that her
husband had complained Of his nurses and had
frequently objected to the way In which the table
was set His illusions 20 lis nurses struck her
irrational.
Dr. Austin Flint the insanity expert. was the
rext witness He said. in reply TO Mr. Lindsay,
that ne had Teen present In court during Mr.
Korirlght's examination. and had formed o?in-
ion as 10 his mental condition from watching his
demeanor on the stand closely
I'm what condition mentally he when he
gave his testimony" asked Mr.. Lindsay
Mr. Bowers objected. II such course OF exam
nation was allowed in this family dispute as TO
the custody Of child, between her father. aunt
and stepnother. he said. il would be going further
than he had known "A court to permit in any
habeas corrus proceeding
Nj Lindsay said that the application for the writ
was based on the ground tina, Mr. Kortrghf 1ur-
ing the last six weeks not N III mental con
dtion to decide as his child's custody. Hy this
testimony he intended 20 show that Mr. Kort-
right was a position 10 perform any wish
ne might have had in regard 70 his daughter, ana
was not II, mentaiiy TO execute any deed. II ne
could prove this The deed giving 10 the aunt the
custody OF Alice null and void
DR.. Flint then said that from his observation MI
Kortrgnt lad shown slowness and hestancy In
answering the questions put 20 him which were
not consonant with sound mental condition. He
a fauous smile IN reply a. questions which In
his cpnion did not call for any such smile
Nj Lindsay put long hypothetical question 10
the witness. based on the circumstances testified
to during the hearing. as 10 Mr. Kortrehts be-
havor In the last fe" years Or Flint replied that
II the facts were stated Mr.. fortnight was not
OF sound mind. that he Wa suffering from paresis
and a Of demcntia which
durable.
the nature Of the act he was performing when ne
,Igned the agreement appointing Miss Phipps as
The guardian Of his daughters asked Mr. Lind
say. -. 49,. 80, 49, - ,
the reply. . - ri. -, -, I,
wanted some time consider II.
TELL US yourself. doctor" said Justice DAILY
~ YOU understand IT after you have rond IT,
The healing was then adjourned until this after
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