The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-01-20
Duke a Free Man Faces
His Wife.
CONTINUED from Page One.)

Andrews, before the decision was
reached Justice Gaynor thought the
lawyers in the case trfling with him
and censured them sharply. He de-
clared that by keeping Duke in the
corridor while they sought to decide
the case they were guilty of implIdence
and ignorance of the way Justice is
administered in Kings county.
MIR Lindsay explained that he sup
posed that the presence of Mn Duke
in the court house was sufficient COM
pliance with the order of the court
1T is nothing of the sort re-
torted Justice Gaynor, signalling
court attendant he shouted: "Oiiice~
go in search of this man ana bring
him here
Within ten minutes Duke came INTO
court on the arm of Doctor Wilson
who had attended him at the SAM
tarium.
Turning sharply on the physician
Justice Gaynor said: ''332y what liberty
and under what delusion do YOU pre-
sumo TO disregard the mandates of
this court 90
II was told by counsel" replied Dr.
Wilson, feebly that I would not be
required to bring Mr. Duke in court"
This is Kings county," again assert
ed Justice Gaynor, where d writ of
habeas corpus cannot be doEe or I'M
done by consent of counsel. / never
heard of such d thing. | want you to
understand that when a writ OF habeaS
corpus is served upon you, you are
20 obey it. Your conduct is punishable
and but for your ignorance, / would
impose this punishment"
New York, Jan. 19.-Brodie l..
Duke. the half brother of the prcsi-
dent of the American Tobacco Conn
pany, who has been kept in a sani-
'r,ium following his marriage to Alice
Webb, was brought into the Supreme
Court in Brooklyn today and dis
charged from custody after a hearing
before Justice Gaynor The action
was the result Of habeas corpus pro-
ceedings brought by William G.. Bran
ham, Mr.. Dukes private secretary,
who alleged that Mr.. Duke was de-
prived Of his liberty without his con-
sen. AID without process of law. After
a brief argument Justice Gaynor de-
clared that Duke was not demented
and ordered that he be given his lib
erty.
Mr. Duke said when he left the
court that he would be guided by his
counsel. The only proceeding now
pending against him is an order e.
show cause to a New York court to-
morrow why a sher:f's jury should
he is competent to manage his own
property. This action was brought by
Lawrence Duke.
When the case was called in the
Brooklyn court Duke was not present
and counsel for the Duke family and
Mr.. Bramham agreed in asking the
court for his discharge so that the
case could be heard in New York
county but Justice Gaynor Indignantly
refused to agree. He called Duke into
court from a hotel nearby, sharply
criticised the doctor who had Duke in
charge for not bringing aim into court
and ordered Dukes discharge.
His Wife on the Scene.
While Mr.. Duke was in the Office
of Champe S. Andrews, the attorney
FOR Mr.. Bramham, after Mr. Duke
had been given his liberty his Wife
entered the office unannounced and
sought an interview with Mr.. Duke.
Mr.. Andrews said afterward that
Mrs. Duke burst in past his office force
and asked Mr.. Duke for a private in
terview and that Mr.. Duke refused.
Mrs. Duke then asked if Mr.. Duke
Intended to repudiate her, to which
Mr.. Duke replied:
"By advice of counsel I cannot an
swer that now. l cannot see nor talk
with you now These plications
both yours and mine, must be adjust
ed before | can have any interview
with YOU"
Lawyer Abraham Levy, counsel for
Mrs. Duke, said
Mr.. Duke received our client very
affectionately. She was most gracious
ly received. They made an agreement
to meet again"