The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-12
TO BRING DUKE INTO COURT,
HABE4S CORPUS WRIT AND LIMA
CT PROCEEDING, roo.
Dukes Secretary Says He's Not Mad and
seeks 20 Set Him Loose Relatives
want Committees Appointed for Person
and Property-Hlfe Hires Lawyers.

to get Brodie l.. Duke into court. and in one
Of them his sanity will be passed upon
by Sheriff's jury. The woman he married
last December has nothing to do with either
Of them although she is threatening pro-
ceedings on her own account
W. c. Bramham, Dukes private score
tary came up from Durham. n. G., Mr.
Dukes home, and got writ OF habeas
corpus on which Duke will be before Jus-
tice Gaynor in Brooklyn tomorrow morn
ing at 1890 O'Clock. Mr.. Bramham says
he believes that Duke ia sane and knows
that Duke has for some time feared that
his relatives would like to have him put
in ward. Duke ntrusted his secretary
with the job OF resouing him should occa-
sion arise. so Bramham came up en-
gagged Chsmpe S. Andrews as counsel
and got the writ.
Duke was still in the Flushing sanitarium
last night when the writ was served upon DR..
Brown, the superintendent. There had
been reports that il was the intention
10 send him 10 the Long Island Home at
Amityville, another private asylum, but
DR. Brown is now responsible for producing
him in court on Friday.
While Bramham was busy in Brooklyn
Nicol, Anable and Lindsay acting for
Dukes relatives were lust NJ busy IN the
courts over here. and late yesterday after
noon they secured an order from Justice
Greenbaum directing Mrs Duke aud any
persons interested TO show cause why Duke
should not be adiudged insane and COM
mttee appointed for his person and prop
erty. On this order Duke will in the or
binary course be examined by a commits
sion, composed generally of three persons.
a lawyer, a physician and lgyman. the
testimony 10 be heard by "a Sherifs jury.
This order was made returnable on Jan. ~.
II wns said Yesterday by some OF the
lawyers that Justice Gaynor's decision
on the habeas corpus would have no
effect on the other proceedings, and that
1t would still be necessary for Duke to
submit TO trial OF his sanity before the
Sherifs Jury, provided lustice Greenbaum
directs such proceedings.
Mrs. Duke got busy herself yesterday by
hiring John NJ Gorham OF 10 Park row
and Levy 4 Unger to look out for her
interests. They ha vent done anything vet.
According to Mr. Bramham MIR. Dukes
affairs have been in his care for the last
FIVE years. When he heard OF Duke
being taken 10 the Flushing sanitarinm
he lost no time in coming here and on Tue
day he and Mr.. andrews went 20 Flushing
and demanded TO see Duke. Bramham
said that he wanted to gee him in regard 20
a very important business affair lie bad
no authority and Dr. Brown refused TO
allow Duke to be seen and also refused to
show Mr., Andrews a copy OF the commit
tnent order la 'he affidavit upon which
the writ was asked FOR yesterday from
Justice GaYnor Branham told Of hi- visit
to the sa litar I'm and gwore that Duke wac
of sound mind AID body and was being
detained unlh wfullv
Bramham said hat he bad seen Duke
at Durham on Dec 20 aud n. which was
after mis- marriage. and that Duke was then
all night
As his secretary said Bramham Il
know that Mr.. Duke ~ not insane II he
was insar. they would not be trying TO
spirit him from one place t. another Mr
Duke " ats TO get out. He has hac trouble
with his relatives before | don't care 10
discuss them now. but want u understoot
that ! am not cooperating with them nor
with Mr. Dukes alleged wife am Mr.
Dukes business representative. and II Is
absolutely essential that should see him
He is in just a. good shape as YOU or !. and
he would be out this minute If he could get
out He has been on sprees before. but that
Is all. don't care TO say anything about
this woman business. but when his relatives
are talking about plots want to say mat
there is not only one plot against nlm, a.
viii be shown later
The lawyers who are acting for MI
Dukes relatives did not seem ia be al all
worried when they heard Of Bramhams
action. Being private secretary to man
in sanitarium was certainly unsatisfactory
II WAS suggested, but they do not think
the courts will listen 10 mans private
secretary so quickly as to his relatives.
Nicoll, Anable 4 Lindsay, the lawyers
for the Duke family, said yesterday that
they had just three objects in view One
was 10 annul Dukes marriage 10 the Webb f.
woman, another to have a committee APP ,
pointed TO take care Of his property, which /.
" as rapidly being dissipated and a com
nittee of his person. and third 10 proee- |
cute the alleged conspirators who the I
lawyers believe plotted TO separate Duke |
from all he has left According 10 the /
firm. Duke has now only t250.0O left out of .
fortune Of 100000. They mean 10 save I
his II they can. In the application asking /
Tor the order obtained yesterday they
alleged that Duke was a habiual dr'Inkaru /
hat he was insane and incompetent 10
ook after his estate. and that on Dec. 10
~ had gone through form OF marriage
rot knowing what he was doing They also
obtained an order Yesterday restraining I
R II Kaufman. the broker. from dispos-
ng Of three notes Of Dukes that he holds
Lawyer ado Levy. lot mTe' lJlHes hAlu I
that the latter would accept
,ervice Of the papers in this suit and in all
II ers in due time. but he declined 70 dis
lose the whereabouts Of his client.
All We can say in regard to MrS Dukes
probable action said Mr. Levy yesterday.
is that something will be done by Ms in
very short time OF Tuoh nature as will
how that Mr. Duke il very capable OF taking
arr Of himself and was capable 10 marry
ar Bramham's action We regard as friendly,
Is We would any proceedings TO show that
Duke ia sane.
While MIR Levy would not saw IA much
yesterday IL is said 10 be his Intention 70
pply. in the name Of the wife. for Dukes
rial before n Sherih's jury
District Attorney Jerome ~ still looking
1to the circumstances surrounding Dukes
marriage and Yesterday Assistant District
attorney Lord had before him a massenr
rho attended the women who we're with
Duke during their spree in the Harlem
otei. Maurice A Sturm, the physician
rho ga ys he treated Duke for bad cold.
nd c. " Thompson. one OF the two wit
eeSes to the marriage ceremony performed
" the Rev. Mr. Coe DR.. Parkhurst's assist
mt.
Thompson lives at 90 Irving place and IL
ppears has known Duke for some time.
lie once promoted concern known as the
ireater New York Crude Oil Burner Com
any capitalized AT $1,000 600. OF which he /
7as general manager and Duke was
irector. Thompson said that on the
light Of the wedding Duke drove mp 10 his
ouse and said. Get on your dress clothes,