The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-20
GAYNOR FREES BRODIE |. DUKE
AND DUKES WIFE SEES HIN,
INVADING LAWYERS OFFICE.
She says lie IL SIN Hers The Lawyer
says Duke Asked the Woman to 80
Away Brooklyn Judge says some
sharp Things About New York Courts
and Insanity Experts Now the case
Nfl lie Heard In FUN over Here.

and Insanity Experts Now the case
WIN lie Heard in Fun over Here.
Justice Gaynor released Brodie H. Duke
Yesterday. saying that he was evidently
sane After that Mira. Duke got
moments interview with her HUSBAND In
the office OF his counsel. Lawyer ChampeS.
Andrews She pursued Duke TO the office
and forced her way in. Husband and wife
were together two minutes and then Duke.
who didn't seem particularly pleased at
meeting his bride. succeeded in shooing
her away.
The order to show cause in this county
why a committee should not be appointed
for Duke is returnable before Justice
IIeventrtt this morning John ID. Lindsay,
counsel for the relatives OF Duke. went TO
Justice Gaynor's court in Brooklyn yester-
day prepared to agree to Dukes discharge
Duke had been brought up from the Long
Island home at Amityville, but was not In
court. Mr.. Lindsay told Justice Gaynor
that the inquiry in this county would
bring out all the faots; that pending such
inquiry Mr.. Andrews had agreed to be re-
sponsible for Dukes appearance. and that
It would be only waste Of time to institute
an inquiry III DI OOhiyh ."
one would have to be made In this county.
Lawyer Louis =. Phillips, who is associated
with Mr. Andrews said this was agreeable.
and asked for Dukes discharge. Justice
Gaynor said that as Duke had been COM
mitted as a lunatio he couldn't be dis
charged In any such easy way
I'VE don't run courts here as they do n
New York" he said, sharply. Where Is
Mr.. Duke"
None Of the lawyers seemed to know
exactly This nettled the Judge still more.
Calling to a court officer, he aid:
Il want you to go out and search for this
man and produce him at the earliest pos
sible moment
The court officer hunted all over thebuld-
ing for ten minutes and was just about
giving up when Duke came in arm In arm
with Lawyer Andrews. They hurried into
the court room. along with DR.. Wilsey.
head of the sanitarium. 70 whom the writ
of habeas corpus had been directed. Judge
Gaynor asked the doctor If he didn't know
IL was his duty 10 produce Duke in court.
The doctor said he had kept Duke outside
on advice of counsel.
Except for your ignorance you would
be liable to a penalty said the Judge.
"Habeas corpus proceedings are not trans
acted this way in Kings county.
Judge Gaynor ordered that Duke should
be put on the witness chair and that Law
yer Phillips should examine him. Duke
said he was born in ls4o and had been
in the tobacco business for himself up TO
ten years ago. He remembered the date OF
his first marriage. April o. 1874; remem-
~ Inta Of tho hirtha Of hia chill
dren. when they had married. and answered
every question put to him intelligenty
and with no evidence Of any lack of memory.
Are YOU drinking MANI asked Judge
Gaynor. Duke said he drank periodically
What is the matter with you, Mr.. Dukef'
asked the Judge
Il do not know that there is anything
the matter with me. said Duke, Il feel
perfectly well.
saw YOU have alcoholic dementia. Have
Won ever done any one any violence asked
Judge Gavnur Duke said NO, sir very
emphaticallv to this He said he had once
been treated for drunkenness, but that no
one had ever had charge OF him.
This man hasn't got alcoholic dementia.
said Judge Gaynor after looking closely
nj Duke i've seen too many cases in court
moi TO know that II il evident that the
estimable Justice in New York Justice
IruaN committed inns man On Int te7,i
mony of experts IDrs. Carlos Macdonald
and 4 McLane Hamiltonl am quite ready
TO order his discharge | will advise him
to put himself in the care of his counsel
Duke said he would do 80 and left the
court room with his two lawyers ana his
nriyate secretary Mr.. Bramham. They
surrounded Duke and kept corps of pho
torraphers away while they hurried Duke
over the Wall street ferry, thereby throwing
off the trail Mrs Duke, who had carriage
waiting 10 chase him across the Bridge.
She drove to Mr.. Andrews's Office on sus-
pcou however, and got there ten minutes
after Duke did.
O Duke had been left alone for a few min
Ites while Mr.. Andrews went into his pm
yate Office He was sitting at table In the
library when his bride BUSTED IN she
opened the gate walked by all the clerks
and made her way into the library There
was chair by Ds.,,es side and she glided
into it and nestled up to her husbands
side.
Duke half raised his head, studied the
woman curiously q moment and then said,
Hello
MR.. Duke got closer. and for two minutes
they held "A whispered conversation Then
Bramham, followed by Mr. Andrews, who
was in his shirt sleeves. rushed in.
4Mr Duke dismiss this woman at once,
shoutcd LAWYER Andrews. Duke didn't
seem to he at all excited, He turned to
the woman and said quietly: l guess
you'n go. won't you;'
Certainly I'll GO" said Mrs. Duke, get
ting up. ! came here to see my husband
and have seen him That's all wanted
With that she picked up her skirts and
walked out OF the Office Outside she
said .
NV husband is true 10 me. know 1t
now He said: Don't worry. I've been
told to keep quiet and / must keep quiet
until these proceedings are over After
that | will see you and everything viii be
ali right. That * just what he said; He
loves me. | saw 1t in his eyes know
he will come to me
Mr.. Levy. Mrs. Dukes counsel, said
aftarward that Mrs. Duke had asked Duke
IL he was going to repudiste her. Mr..
4 Duke said Mr. Levy. told her not TO ask
/ him that at this time. He asked her 10
/ ba content with what he was doing and
! told her that matters would adjust them
/ selves and that in the end he would prove
/ competent to manage his domestic analrs'
( That i all she wanted him to say
MIR Andrews said
-Mrs. Duke had no right 20 break INTO
this Office Mr. Duke did not want TO see
her They were together only Few MN
utez Mrs Duke asked her husband TO
leave the place with her and he refused
( Then he asked her to go away mat j. All
( there was to it
Z Duke went to the Imperial Hotel last
/ night with his secretary. Mrs. luke
I according TO MIR. Levy, vent back To Ne"
Jersey Mr.. Levy said that she had been
! further comforted 10y letter which she