The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-01-17
SENT TO LOKG ISLAND HOME.
RHODFE DUKE WILL BE FNAMIN-
=
ED As TO SANITY.
After a Hearing i'm the Supreme Court
Was Ordered Sent to the Long Is
land Home Until Next Thursday
The Commission Appointed by
Justice Gaynor VIII Then Meet and
Inquire Into his Condition.

New York, January 13.-Brodie L.
Duke. half brother of the president OF
the American Tobacco Company, whose
recon. marriage resulted in his COM
mittment to a sanitarium. was brought
into the Supreme court in Brooklyn to-
day On a writ OF habeas corpus and
after hearing was sent to the Long
Island home until Thursday next. On
that date a commission appointed by
into Mr.. Dukes condition and make a
report as to whether he is insane.
The writ Of habeas corpus on which
Mr.. Duke was brought into court today
was obtained by w. c. Bramham, of
Durham. n. c.. who has acted as pri-
vate secretary for Mr.. Duke. Counsel
for Mr.. Bramham argued for an imme-
date examination OF Mr.. Duke in court
to determine whether or not he was in
sane. This was objected to by Delan-
cey Nicoll,f who said he represented
members of Mr.. Dukes family and who
insisted that Mr.. Dukes sanity should
be determined by a commission ap-
pointed by Justice Gaynor. Mr.. Nicoll
declared that he desired to secure wit
nesses for himself and that the per-
sons whom he represented wanted To
rescue his a from the tolls from one
Of the worst associations of criminals
which existed for the purpose Of rob-
bing and perhaps killing him."
Mr.. Bramham's counsel insisted upon
an immediate examination by the court,
but Justice GaynOr refused TO do so
and ordered Duke to be committed to
a anitarium until January 18th when
he will be examined as to his sanity by
a commission which Justice Gaynor has
already appointed on application by
counsel representing Mrs. Alice Webb
Duke, wife Of Brodie L. Duke.
AS the proceedings were about to ad-
journ Delaney Nicoll requested that
Mr.. Duke be transferred from Sanford
Hall. where he has been held for several
days to the Long Island Home. Mr.
Nlcoll represented that DR.. Brown of
Sanford Hall was about to depart 70.
the south and would not be here to take
part in the proceedings. This request
was granted by Justice Gaynor and the
proceeding was closed.
During the argument Of counsel, the
attorney for Mr.. Bramham declared
that Mr.. Dukes son, who haC instituted
the proceedings which resulted in MIR.
Dukes commitment, was on bad terms
with his father and had been excluded
from his fathers home for several
years.
~ Mr.. Duke was not questioned nor did
he offer any statement during the pra-
ceedings. He sat quietly by the lawyers
and appeared pale and nervous. Hi.
wife was not in the court room. An
attempt was made to question Mr.. Duke
as he entered the carriage to go to the
sanitarium but the physicians prevented
it. AS the carriage started, however,
Mr.. Duke leaned out of the window and
shouted: L am going to fight this
thing to the last"
Before Mr.. Duk was taken to the
sanitarium he was in conversation with
three physicians at the court house,
At the conclusion Of the talk, one Of the
physicians said that Mr.. Duke was ap-
parently sane, out in a weakened phys
cal condition.