The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-02-03
THREAD OF DUKE
CASE IS SNARLED
Of Quoting Authorities
There is no End.
GREEK AGAINST GREEK
The Hearing Of Lawrence Dukes Peti-
tion For a Commission to Determine
His Fathers Sanity. The Judge
Also Will Consult
Authorities.
lSnecial to .News and Observer.D

Especial to News and Observer
New York Feb. 2.-Delancey Nicoll
and John ID. Lindsay, presenting the
mission on the sanity of his father
Brodie L. Duke, alleging that he is
suffering from chronic dementla
and likely TO waste MS income Of
$50. .000 a year, today opened up such
an intricate legal battle that after
an hours talk Justice Leventreatt ad-
journed the matter to look UP au-
tholities.
Louis S. Phillips started to read
affldavits to show that Rrodie L.
Duke is sane and is not an habitual
drunkdrd, as his son alleges. Mr..
Nicoll objected that the court could
not go into the merits of the case on
the petition. He read many authori-
ties to show this, and Phillips read
twice as many the other way.
Justice Leventreat said he was un-
der the impression that Mr.. Nicoll
was right, but would take time TO
look it up. Neither Brodie l.. Duke
nor his awyer, Champe Andrews. who
secured mis- release from Sanford Hall,
was present.
Henry w Unger, her attorney, was
in court, and when he was asked rs
to Dukes Whereabouts replied:
y wish / knew When Mr.. Nicoll
was asked where Duke was he said:
They've got him somewhere. Mr..
Phillips said he didn't know where
Duke is, and he said that the first
line III the rules in lunatico in
quirendo is a paraphrase of the re-
cipe for cooking a hare-"First catch
your hare
Mr.. Nicoll read The certificates OF
Drs. Carlos F. Macdonald and Allan
McLane hamilton that Brodie l.. Duke
is, by his own statement, an habitual
drunkard and suffering from alcoholic
dementia.
Lawrence Duke made affidavit that
his father receives the income of a.
trust fund created by his grandfather,
Washington Duke. and has personal
property worth 100000 and $150.000i
worth of real estate at Durham, y. G.
Mr.. Phillips. in opposing the appli-
cation. said the court had no jurisdic-
tion in the matter, as what the code
provided was that the alleged in
competent should either be q resident
of the state or have property in the
State where the application was made.
Now" said he. Mr.. Duke resides
at Durham, n. c., and there is moth
ing to snow in this petition that he
has any property in this county or
State. Assuming, however, that per-
sonal property can be considered as
coming within the provisions of this
section, ] contend that the petition
does not show that he has any such
property in this State. The petition is
fatally defective
Mr.. Phillips said the only evidence
offered on the question of Dukes in
sanity was the affidayits of Drs. Hamil-
ton and Macdonald, and the statement
of the petit oner 1T. aeshi sdh.
of the petitioner. This, he said. was
a mere conclusion, and standing alone,
would be no ground for the claim of
jurisdiction by the court.
Counter affidavits by Duke declared
he was often a teetotaller for a day
or two sometimes for a whole NORTH
and once within a year he abStained
from drink for six weeks, but explains
this long abstinence cy saying he used
whiskey and milk for his stomach, be-
ing unable OF drink milk alone.