New-York tribune., 1905-01-13
COMMISSION FOR DUKE.
Gaynor appoints 1t on WTe's
duplication.

The web Of litigation about Brodle L. Duke was
tangled little more yesterday when John NJ Cor
ham and Levy & Unger. attorneys for Mrs Duke,
obtained from Justice Gaynor. in Brooklyn an
order appointing a commission to examine Mr..
Duke as 10 his sanity, through jury The COM
mission appointed by Justice Gaynor consists OF
Professor Isaac F. Russell Of the New-York Uni
versity Law School; Dr. Thomas L Fogarty, of No
25O Union-st Brooklyn. and Edward d. Candee. or
No 1928 Garfield Place. Brooklyn The time for taxi
ing testimony by the commission before jury to
be drawn by the Sheriff of Kings County is set as
January 10.
The new proceeding is in the nature Of an appeal
from the order OF Justice TrUax, which committed
Mr. Duke temporarily to the Sanford Hall sana-
torium in Flushing. and Mrs. Dukes counsel 1T was
explained yesterday by Mr.. Levy, selected Justice
Gaynor TO hear the appeal because he had already
issued a writ of habeas corpus on which Mr.. Duke
Is to be brought into in Brooklyn at 10 o'clock
this morning. Mrs. Dukes counsel had nothing to
do with the issuance Of the writ, which was OBJ
tained by counsel for W. g. Bramham Mr.. Dukes
secretary
The order Of Justice Gaynor appointing com
mission permits Mrs Dukes counsel to take
short cut and get anead of Nicoll, Anable & Lind
say counsel for the Duke family, in their effort
to have a commission in lunacy appointed to take
charge Of Mr.. Dukes person and property The
order which counsel for the Duke family obtained
from Justice Greenbaum Wednesday to
show cause on January 20 why a commission in
lunacy should not be appointed. Mr.. Levy said
yesterday afternoon that if the commission ap-
pointed by Justice Gaynor found that Mr. Duke
was sane it would be possible for the Duke
family to press other proceedings have Mr..
Duke declared insane
There is possibility that Justice Gaynor will
examine Mr.. Duke and some witnesses in his case
this morning. at the request Of Mr.. Dukes secre-
tary, who obtained the writ of habeas corpus. In
the application for the writ Mr.. Bramham declared
that business matters Of Importance made il nee
essary that he be permitted TO talk with Mr.
1 WI W. Vii Vii d IN enita o4 III III elf sahtorlum
and able TO attend to his business affaIrs
If Justice Gaynor should decide that Mr.. Duke
is he might discharge him and thus put an
end TO all the other litigation.
1t became known yesterday that messengers of
rival law offices had betw the Flushing
day afternoon. One of the messengers was at
tached the law office of Champe S Andrews
counsel for Mr.. Bramham and the other messenger
was from the once or NlcOlk Anab e. Lindsay
The messenger of Mr. Andrews on his way to
the sanatorium to serve the writ of habeas corpuS
on the superintendent, and on the train he dis
Anable & Lindsay also the way TO the sa ma
torium to deliver an order transferring Mr.. Duke
reached Flushing both messengers hired cabs and
ordered the drivers to get to the sanatorum in the
quickest possible time. but the messenger of Mr.
Andrews won the race by q few minutes and served
habeas corpus writ before the order 10 transfer
Mr.. Duke could be served.
1t was said by counsel for the Duke family YES
terday that Superintendent Brown, the Sanford
Hall Sanatorium, had asked to be relieved of the
care Of Mr.. Duke as he wished to South for the
plication had been made to the State Board Of
Lunacy for order transferring Mr.. Duke to an
asylum at Amityville pending the appointment of a
commission in lunacy.
In the petition which Mrs. Duke made yesterday
to Justice Gaynor, she stated that she the wife
of Brode L. Duke and that January two per-
representing themselves to be police officers
forciby seized her husband in the apartment at the
Park Avenue Hotel and took him away.