New-York tribune., 1905-01-12
WRIT TO GET DUKE OUT
SANE. SECRETARY SAYS.
Declares Family Is after Property
-Wife to Fight Sons Suit.


baum in Manhattan, TO show cause why COM
mission IN luEacy IN the OF Mr.. Duke
should not be appointed, and order 70 restrain
a note broker from dsposing OF notes signed by
AIr. and Mrs. Duke the affairs OF the tobacco
manufacturer, who is an inmate Of the
Sanford Hall SanatoIium at Flushing, seemed
yesterday 10 be getting into tangle OF litiga-
tion. AT the same time there was an offer by
Mrs. Dukes attorney TO aid the District At
torney in the investigation Of the circumstances
surrounding the recent marriage of Mr.. Duke
and Miss Alice Webb.
A report gained considerable currency last
night that Mr.. Duke had been spirited away
from Sanford Hall. in Flushing. and taken TO
AmityviTle. DR.. W. Stuart Brown. OF Sanford
Hall, following the settled custom OF the instl-
sutton. declined 10 state whether or not Duke
had left the Flushing sanatorium- The authori-
ties of the two sanatoriums IN Amityville said
that Duke was not in that village.
Justice Gaynor's writ commanded the superin-
tendent OF the sanatoriUm TO produce Mr.. Duke
IN court at 10 a. m tomorrow. The writ was
Issued on the motion Of Champe S. Andrews.
counsel for w. G. Bramham. Mr.. Dukes secre-
tary, on the alleged ground that Mr.. Duke is be-
ing restrained OF his liberty and prevented from
seeing his secretary in the transaction Of neces-
ssry business. while he is sane and competent
10 attend to his affairs. The writ was served
ahe afternoon.
For five years" said Mr.. Bramham at the
Astor House last evening, Il have been Mr.
Dukes secretary at Durham, N c., and have
transacted nearly all his business for him. Most
OF the time he has been away from his home, but
has been IN almost constant communication with
me. and have scted with his authority. /
came North at the first intimRtion Of his trouble
and yesterday I went TO the sanatorium at
had engaged my counsel. and tried TO see Mr..
Duke. The superintendent OF the sanatorium
said I could not see him unless had an order
from Lawrence Duke. his son.
Il explained that was Brodie l. Dukes man
OF business closer to him than his IN busi-
ness matters. and that It was necessary for me
10 talk with Mr.. Duke about certain matters. !
also told the superintendent that Mr.. Duke and
his son were not on good terms and that could
not go TO Lawrence Duke for order to rec his
father. I was not permitted 10 Mr.. Duke.
however, but I wss Informed that Mr.. Duke had
recovered from the effects OF liquor and was pro-
testing against being held prisoner in the san
storium.
Returning TO the city last evening in company
with Mr.. Andrews. went TO the Hoffman House
and had a talk with Lawrence D6ke. said
was IN no way concerned with Mrs. Duke. that 1
had not seen her and did not want TO see her,
have her marriage with Mr.. Duke annuled, but
] wanted to talk with Mr.. Duke about his busi-
ness affairs. Lawrence Duke was inclined to
give an order 10 enable me TO talk with his
father but Mr.. Sullivan, OF Mr.. Lindsay's law
firm. came in. and said such a step would inter
fere with plans of the law firm TO have Mr. Duke
declared Incompetent
1T was then plain to me that II was the inten-
iion OF the Duke family to keep Mr. Duke
prisoner in the sanstorium until they could have
him declared insane and get possession of his
property, and want TO say now that will leave
no stone unturned to defeat that plan. The
Duke family will have the biggest fight they ever
were in before they send Mr.. Duke TO an insane
asylum and get possession of his property and
business. have doubt that when Mr.. Duke
appears In court on Friday morning it will be so
apparent that he is sane and able TO take care of
bis own affairs that Justice Gaynor will order his
release"
Mr.. Bramham said that MI Duke had three
children by his first wife. They two married
daughters and Lawrence Duke Mr.. Dukes first
wife died. BY his second wife. now divorced. he
had son. now a lad of thirteen. who is with his
mother in California.
If Mr.. Duke was entrapped into marriage
with his third wife," said Mr.. Bramham. "I
should expect him TO initiate proceedings to
have the marriage annuled. It would not be
necessary for his TO begin such a suit One
thing you can depend on-Mr. Duke is perfectly
sane. and the whole town of Durham will tes-
tify 20 that effect if necessary 10 keep him out
Of an asylum"
IL was announced yesterday that Mrs Duke
had retained John NJ Gorhan as her attorney
with Levy & Unger as counsel, TO begin habeas
corpus proceedings TO hberate her husband and
so defend the suit started by the Duke family
1or the annulment OF her marriage.
Mr.. Gorham offered to cooperate with the
District Attorney in mis- investigation. and have
MRS. Duke testify If her testimony was de-
sired.
Mr.. Duke" ne said. was going about among
reputable business people OF the city in down.
aown Office buildings, for two three weeks with
Miss Webb before he married her. talking to
brokers and other people about his plan TO buy
that Texas property. He d.d most OF the talk
ang, while the woman listened. He was MAX
ing arrangements 10 buy the property not for
her then. but for himself and at the same time
he was urging her 10 marry him. and she was
putting him of.
ham. n G, alone leaving his wife here in the
city. He was South several days, getting the
securities on which he intended TO raise the
money 10 buy the land The fact that he was
married was known then TO his relatives, but
they made move against him until he was
back with his wife. There viii be host of wit
nesses, both here and in the South, to prove
that Mr.. Duke was going about this business
matter both before and after his marriage, with
evident sanity and business shrewdness II
there has been any conspiracy In this case. II
was on the part of the people who had detec-
slVes watching him. waiting until he happened
20 get drunk, as he sometimes did. 10 pounce
on him and take him of 10 asylum"
Nicoll Anable e. Lindsay, representing the
Duke family, yesterday obtained from Justice
Greenbaum IN the Supreme Court in Manhat-
fan an order returnable next Monday to show
II a lunacV should