The evening times., 1899-11-15

Augustus Achstetter today, through his
attorneys. Edward G. Niles and F. Edward
Mitchell, filed a petition in equity asking
the court to pass an order declaring John
F. Dreiss sane. and to discharge the COM
mittee appointed to take charge of and
manage his estate.
The petitioner is brother-in-law of the
subject. and about three months ago
brought proceedings in the Supreme Court
of the District asking that the committee
in charge of Driess' estate make an ac-
counting.
The petition sets forth that Henry +.
Woodard and Mason N. Richardson were
appointed committee by the court to take
charge of Driess' estate, and asks that they
be made party to this action.
The petitioner states that John F. Driess
was born and reared in the District Of CO.
lumbia; that he lived here with his par
ents and was brought up on farm in the
District. In 1882 he was married to An
ME Capin. and no children have been born.
Driess prcspered in his business and wien
domestic troubles between himself and
wife began he was probably worth $4,000
to S20,OU0 In 1891 Driess began to suspect
coming discontented he began to drink.
Things went from bad to worse, and in
December, 1894, he was arrested and sent
to Jail for thirty days. This commitment,
however. was for the purpose of holding
him for trial as to his sanity. He was re-
moved from jail and sent to St. Eliza
beth's Insane Asylum a few days after
ward. He remained about six months
when he was released from the asylum,
satisfactory arrangements between himself
and wife were made, and they began living
together again.
Mrs Driess afterward applied to the
cclrt in this district for a divorce. The
petition was filed on November 6. 1895. and
alimony at $40 per month was given TO
Mrs. Driess with s25 as counsel fees.
Nothing further was done until June 10,
1896, when rule TO show cause for nom
payment Of alimony was made, served and
returned. In the meantime Driess was
drinking very heavily and on March IL,
1897. the petitioner asserts, he was arrest
ed while under the influence Of whisky. and
after trial before a marshal's jury. his
wife being represented by Messrs. Woodard
& Drew, and he having no counsel was COM
mitted to the asylum, and Messrs. Hen
ry F. Woodard and Mason n. Richardson
were appointed his committee under bond
of $1,000 each The jury found him insane.
'Achstetter becoming convinced that
Dries5 was sane, and could thoroughly
manage his property, and at the earnest
solicitation of his wife, the sister of said
Driess, secured counsel and after repeated
efforts, and examination by physicians. Dr.
w. W. Godding wrote the petitioner that
he considered Driess able to care for his
property. and that he would release him,
if Achstetter would become responsible for
him
This he did. and Dr. Wilmer released
Driess and placed him in the care and Gus
tody of Achstetter on May 30, 1899. The
petitioner took Driess home with him
where he has been ever since. He has not
tasted intoxicating liquor for some years,
it is alleged.
Achstetter further states that the confine-
ment OF said Driess has made him irritable,
and that he is anxious to resume business.
He is fully capable so to do, and desired
that the petition be filed. His estate is
now worth more than $4,000.
The affidavits of DR.. Charles NJ Emmons,
a physician OF this city, Of recognized
ability is attached to the petition, the sub
stance OF it being that Driess is sane and
fully capable to manage his property: the
affidavit Of DR.. James r. hewitt, President
of the Board of Police Surgeons, who has
charge of committing all insane persons in
the District also states that in his opin-
ion Driess Is sane and capable Of managing
his property.