The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-14

-by the same definition the most sane
appearing people In New York are crazy
and no mans liberty j. sato. J have meyer
talked 10 a more sensible client than MIR.
Duke
mfr. Duke told me continued MIR.
Andrews that ho could not describe his
feelings when he was shut up in the sarl-
rari1n without friends and without com
munication With the outside world. and
until ne received my letter informing him
that Mr. Brnmham and | were taking steps
for his rescue he Was the most miserable
man in the world
1T Ia not tue that Mr Duke was callii z
Tor his wife when no was taken 20 the sam
tArium. Mr.. Duke il IN excellent spirits
r5w When he started TO date the letter
which I have for Inc wife and saw that ne
had written Friday. Jan. 10, he said.
Well II | was supersuuoue | would wait
until to-morrow. =,
While the doctors we're eaamlf ing Mr..
Duke Yesterday his son, Lawrence. went
into the room audashed him where his u unK
IT'S where IT, going to stay until / get
rcndv 10 move IT, replied NJ Duke.
Duke. ut the close Of the proceedings in
Brooklyn, during which he was examined
by three physicians other than those who
had him committed. was taken 10 the Long
Island Home at Amityvie. This was At the
request of Delaney Nicoll attorney for the
DUKE relatives. who said that ut. brown
head OF the SantOrdHall sanitarum in lush
ing where Duke has been confined, wanted
10 take a trip South Justice Gaynor con-
sented 10 Dukes removal but at the re-
quest OF Mr. Andrew and Lawyer Abraham
Lew the latter beng Mr7. Dukes counsel,
he ordered that Duke should be at all times
accessible TO these Coun sci and 10 any pnyH-
clans they might care to have visit him
Duke convinced many VINO saw hun IN
court yesterday that he was man getting
over a Jag. but very few thought hum Ia
sane His eyes appeared to be clear and
he answered the questions put to hun lntClA-
gently. He is rather short somewhat
bald with reddish gray hair and slight
etoop. He wore black frock cont, posi-
bly, that in which he was married. He
did not look young bridegroom.
Duke was brought from Flushing by
DR. Brown. head Of the sanitanun there.
and nurse named Brennan. He was
In the court room only a short time and
WAS then hustled upstairs to a room on
the top floor Awaiting him there were
three physicians authorized by Justice
Gaynor 10 examine him in the interests
OF Mr.. Bramham. Dukes private secretary.
They were Dr.. William l.. Browning of
Brooklyn e1- presiden Of the Brooklyn Med
ical Society. Dr r. II. Fisher ~ 10 West
Flfty-seoond street and Dr. Graeme VI.
Hammond Of 90 West Fifty-ffth street.
Mr. Andrews and Bramham. the secretary
were in the room waiting % get chance
20 talk 70 Duke They had been unable TO
get into the sanitarium.
The three doctors talked to Duke and
asked him Questions about his condition.
They made him take of his coat and vest
and examined both his arms to ind out
about the treatment TO which he had been
subecte Among other questions Duke
was asked If he knew why he had been
committed TO a sanitarlm as insane.
Il think ! can answer that, said Duke.
speaking very distinctly. Several years
ago | forbade my son 10 come near me
regard him as lazy and trifer He would
rather have almost anybody manage
Brodie T.. Dukes affairs than Brodie l..
Duke himself
While this was going on. Justice Gaynor
vas hearing arguments from De Dancey |
Nicoll representing the Duke relatives
and Lawyer Louis \. Philips, Mr. AndreTs's !
associate counsel.
Mr.. Phillips had ten men in court who |
ne ga d were volunteer Witnesses who would |
swear that Duke was perfectly sane. He |
asked for a hearing for them then and |
there and said that If Duke was sane he |
vas entitled TO a discharge right away.
We cannot have hearing now and DO
Justice 10 Duke replied De Lancey Nicoll |
AThe people / represent. his sOns and daugh- !
ters. are here in an entirely benevolent man
ner We are here TO rescue Duke from
one Of the vors. associations Of criminals
criminals who combined for the purpose
Of robbing him OF. perhaps. with the
purpose Of killing him.
Mr.. NGo said that Duke bad been com
mitted as insane by Justice Iruax on the
testimony Of three experts, who had de-
He said his children wanted simply a fair
and thorough inquiry into his mental con-
diti0n
The son who signed the petition on which
Duke was committed" said Mr. Phillips
-is on bad terms with his father, Mr..
Duke excluded him from his home several
years ago and has since refused 10 have
anything 10 do with him.
Mr., Phillips said he did not want TO be
understood to be acting In any way for the
woman calling herself Mrs Duke. He
asked that her lawyers be excluded from
the proceedings.
we do not sanction tho claims OF this
woman ne said nor the claim that she
yers' appearance in the case.
In spite of MIR. Phillips's plea that the case
be determined at once Justice Gaynor set
THE case down for next Thursday. mat Is
the same day that the commission APP
POINTED by him on Mrs. Dukes petition to
determine Dukes sanity before a Sherih's
Jury IL to meet.
II Judge Gaynor decides 10 release Duke
n will make the commission unnecessary
In the hearing i'm tho habeas corpus pro-
ccedinR, next Thursday the star witness
will be Duke himself whom Lawyer Andrews
will nut on the stand 20 tell all about his
relations with his family dc will also call
II the other side beleves Duke lunntic.'
said NJ. Andrews, they have a surprise
coming to them. lie ia one Of the shrewdest,
most lutplIlU mt mon ever drought llllO
court on a charge of this kind. Ele ts abso-
lueI, confident Of being able TO defeat
these proceedings against him. including
those TO have committee appointed for
his property"
b Lawrence Duke and Brode L. Dukes
daughter aud son-in-law were in court |
nth their counsel They refused 10 say
ANYTHING about the case. Nicon, Anable !
b Lindsay also had nothing to cay, Az
70 the charge that Dukes opposition to
the American Tobacco Company was one |
Of the reasons for his relatives action. |
one of the LAWYERS however, did say this:
The fact that Mr.. Dukes fortune has |
DIV, ncled from 81 eJo 100 20 $3.50 ocn = proof |
OF the fact that he cannot do much Nnrm TO |
o concern worth millisns snd also G. his |
avn .inroulDetenco.
Levy 4 Cnger say that they are going /
right ahead fighting for Mrs. Duke. They I
got an order yesterday from Judge Gay /
nor permitting DR.. Maurice A. Sturm, /
the physician who attended Duke In his 4
SIRE in the Harlem hotel, to visit Duke 4
ut Amityyille They Plso intend TO apply 1
for an order permit.irg Mrs. Duke TO visit .
her husband.
Mrs Dnke's companion, Nine. Des-
plaines who was once tho housekeeper .
for the "House Of All Nations, Was called .
again TO the District Attorneys office /
Yesterday. and spent several hours with
niatricf Attorppy perFiug ughO