Daily press. [volume] (Newport News, Va.) 1896-current, 1905-01-14
Relatives Fail in Attempt to Have
Immediate Ixam nation into
His Mental Condition.
ne IS SENT TO A SANITARIUM
Commission VIII Decide Whether or
Net the Half 5rother Of the Aneri-
can Tobacco Company President is
hentaI'y Qualified to Care for Hin
self January 1e. w
(RN Associated Pr4Ssl

NEW YORK, Jan. l3-Brodin T..
Duke, half brother OF the president OF
the American Tobacco Company
whose recent marriage resulted I'M his
commitment to sanitarium. was
brought into the Supreme Court in
Brooklyn to;lay on a writ OF habeas
corplls and after hearing was sent
70 the Long Island Home until Thurs
day.*neAt. On that date commission.
appointed by Justice Gaynor, is to
meet 70 inquire into Mr. Dukes condi
t!on and make report as to whether
he is insane
Ccu7sel's Allegation
The writ CT habaas corpus on which,
MI Duke was brought into court TODAY
was obtained by w. c. B,aham Of
Durham. n. c.. who has acted as pri
vate. secretary for Mir Duke. Counsel
Tor htr. Biaham argued for an imme
date; examination Of Mr. Duke in court
70 determine whether or not he was in
sane This Will be obtained by De-
lancy Nicoll, who said he represented
members OF Mr. Dukes family and
VINO insisted that Dukes sanity should
De determined by commission ap-
pointed by Justice Gaynor Mr. Nicoll
declared that he desired to secure wit
'ASNSss'
sons whom he represented wanted to
rescl& this man from the tolls of one
OF Etitts worst associations of criminals
Which7 existed for, the purpose Of rob-
blng this man. perhaps kill him.
Immediate Action Refused.
Mr.. Braham's counsel insisted upon
an immediate examination by the
court. but Justice Gaynor refused to
90 SO and ordered Duke to be commit.
ted to sanitar!um until Jan. 10, when
he will be examined as TO his sanity by
commission Which Justice Gaynor
mas already appointed on application
by counsel representative Mrs Alice
Webb Duke, wife OF Brodie l.. Duke.
AS the proceedings We're about to
adjourn Delaney Nicoll requested that
Mr.. Duke be transferred from Sanford
Hall where he has been held for sew
eral days. to the Long Island Home.
Mr.. Nicoil represented that Dr. Brown,
OF Sanford Hall, was about to depart
for the South and would not be here
70 take part in the proceedings This
request was granted by Justice Gay
nor and the proceeding was closed
Son on Bad Terms With Father.
Il During the argument Of the counsel,
LIZ e'AISl Hey lCI WI. bTdHdIn declared
that Mr.. Dukes son, who had institut-
ed the proceedings which resulted in
Mr.. Dukes commitment, was on bad
terms with his father and had been
excluded from his fathers home for
several Years.
MIR. Duke was not questioned nor did
he offer any statement during the pro
ceedings. He sat quietly by the law
yers and appeared pale and nervous.
his wife was rot in the court roon,
An attempt was made to questic
Duke as he entered the car1Ia~
to the sanitarinm but the
prevented it. a
viii Fight the Ae;H
AS the carriage start 5s
Mr.. Duke leaned out o.
and shouted ~
Il am going to fight the a.
last" A.4SEa a
Before Mr.. Duke was i
sanitarium he was in {va
with three physicians
house. At the conclusion - ---=ssfy NJ
one Of the physicians sa1vf that Mr.
Duke was aDDarently sane Inf in q