The sun., 1910-06-05
MURDER FIGURES IN LAWSUIT
,,WTR OF CORONERS STANDS
n l1TION AGAINST TEEN.

90. vnrdrr of Allee e. ID. KlnnAn. IN
ub,ch Ease the P,aintlR n Tha suIt
"a. Arrested. Has Never Tes neen
,,s,rrd - jury May New Get at u.
sva ruHng Of the Appellate Division
d, ,b, supreme Court two suits brought
.,,,r.. Coroner Ebert y. SchwannSoko
- t.rnrr coroner Robert l.. Mcdonald
m. Bronx tor SIOOOOO by Burton W.
.n.or rae Iawyer who was arrested
..,b. uu, OF the inquest into the murder
Z Alice L n Kinnan In July. 1000. are
.s..v .1 develop into a hearing before
,prv 10 The supreme Court Of ali the
o,r,. rauuerning the murder Of Mrs
g,Dpau wAcn has never been solved
Otsou. who was arrested on a war.
an. rssued by tho CoToneTs by virtue
~, ,hs rsromnendation Of the Coroner's
.-v ,bA' he be held for examination
ry #s Grand Jury. was imprisoned for
,v5 lavs aud then released on habsaa
,o-rus In his suit against tho two Coro-
49,, Individually Gibson alleged that
- reputation bad been damaged The
coroner, put in an answer that rSoountsd
,urbeI u alleged tacts that had come
,o ,he.r attention In the course OF their
.-vssugaton concerning 0lbs0n's re-
,lo1s with Mrs Kinnan and her aRed
-,o,her Mis- Louisa n. Stenton. who
4ei vt year Gibson got almost the
,nt.re answer struck out in the lower
-olrt m the ground that IL was scandal
5us and redundant.
The Appellate Divlai0p reversed the
over court. and in his opinion Justice
>rolt saws that In certain cases the Coro-
nor has power to issue warrants and
commit OF discharge persons suspected
Ha crime Being an officer Of limited
ursdiction i was propsrto plead spccifi-
,allv both IN Justification and mitigation
- damages fAcis leading up TO the issuing
~ ~ warrant which defendant con
..tsu necessary 70 prove in order to
r,oyc 'he validity of the warrant and the
rsht Of the defendant 10 issue IL. says
no Court This the defendant at.
'mplsd to do in the part stricken out
10 their answer tho defendants say that
Mrs Elnnan was killed at her home at
sg,h street and Washington avenue on
June :. 1919. by blows on the back Of the
hsad She was IS years old and muscular,
uhIs her mother, Mrs. Stenton, was rs
Years n age and feeble She had become
acquainted With Gibson in 1900, when
Iisson represented her mother IN sduattsr
proceedings brought IN the Municipal
court by the city of New York to dlspoaaeAs
Nrs Stenton. Gibson was associated
with William x. Aston, who had repre-
seated Mrs Steaton before, and for their
services they got a deed alleged % have
oeen executed by Mrs. Stenton 20 two
Aiths q the property. which embraced
twenty-five city lots.
The defendants say that the land was
sncimbered with taxes and assessments
dating back 10 lS8s and amounting 20
~ 900 one Of the terms Of the alleged
g1uyeyancs 70 Gibson and Aston was an
agreement by Mrs. Stsnton 70 pay all the
slcum brances. the whole property being
worth about s8S ono Gibson and Aston
accordingly got their twO-fifths clear of
iebt Mrs. Stenton declared at the
inquest that ahe never gave n deed Of the
1roperty 10 Gibson and thought abe was
s'.I the owner
he answer recites that IN 1904 Gibson
,sgan 4 partition action, IN which Mrs
Nenton was represented by a LAWYER
iamed Barnes, who had an ofiioe with
ihson and who was also counsel for
Mrs Gtbson There was no opposition
% he proceeding and the property was
old 70 Archibald McFarlane Tor ses OOO
NJ S'enton testified that she never
,new about the partition action. As the
-ssIIt II Il she was left without any
interest in the property and was - .OOn
% debt the defendants say The property I
Fas hen nortEaged for $4,000 70 pay
no ru~Imbranoes.
lt % alleged further that Mrs Kinnan
'at r1d Robert J. Flaherty, a lawyer
'-a' her mother never made any deed
n Glrs0n and Aston. and through her
~ Stenton engaged Flahsrty 20 bring
.- .-eeIngs N set Il aside Flaherty |
uel 1auulnced Gibson and Gibson then |
g. q u1ner from Mrs. Stenton rsvoking |
FAtar'vs power of attorney
lhH 1sfsndAnts say that alter the sale |
q mrfI.n Gibson got a reduction ot the |
1ars 'ay"S - about $1,000. but Ms
NhT'Tf suDw nothing about u and the /
ara'. so not accrue 70 her. Gibson tes- |
1t-. f 'ya tnqrest that Aston returned |
~" M Steniop not because she /
fa- ...I'.e .et 10 q ~ reason Of the reduc- /
I.' .ITas bat heCause he was a decent 1
..r .a..v Gibson said that Mrs. |
T'a. .s. not entitled 70 Auyfhiog and 4
Boa. give her anything
... ..r r.rz allege that the day be- |
.r.' . riar Gibson was az the Stenton I
b. I'd. .r.. sgd told the women that he .
r4' 1 -.r property Tor So. 900. The
~. 300 under the property was sold
2. ti .n subject 10 the N5 0OO mort
ga.a Merely f0r professional services
~ '.. Nr0lall Court ne got property
'la' -.H 'Hr ~ ,uu subject 70 a mortgage
SO F and tho proceeds of the mort
ia-. an' 'n pay s27 900 of hack taxea
art .s u.1'fh interest of Aston. and
no ST." esides the expenses % the
a-'".r vent % Gibson. the answer
n. 4rSvar also relates the testimony Of
la'' ruo who lived In the basement ~
70 y..- - the eject that Mrs
'H.. N hr- On the day Of the murder
..- ''. -.u udu- tp the house the night
' Ir7 presented bill for 50 900
''1s1 So and that she referred %
.'. f- ia1Ii lawyer She Aaid that |.
Fa-1 ..- r.8ched Mrs Kinnan's side
"F FER ,he had been struck down
a. '.f' Mrs klnnan said was Lawyer
r .- Nr- kInnAn died before any \
i-'-s ID question her
N. -ar daughters death Mrs. STEM
% ga. .rpoeedings against Gibson and
.sF, -at lzids the deed but she was
scared incompetent and last year
- ie1 ) fight then devol lpped over
'' "s'd's and Gibson turned up with
a. .Iesa1 ropy Of will of Mrs. StentOn.
.'' -. gate refused probate 10 the
'rr.Tar-
~ GHI TDOTTN(y EREIGHT CaR