The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-02-20
His Fight for Control
Of Estate Gets
Under Way.
WILL NOT ATTEND
COURT IN PERSON
Privileged Visit to New York
Would Probably Mean Spend
ing His Time Locked Up in
Tombs Friends and
Neighbors Ready to Tes-
tify as to His Sanity.
Special TO The Times Dispatch. j

lcpeSidi 10 ne ines DlSpd ten.
New YORK, February l9.--John Arm
| strong cnaloner's long pending action
| to recover control OF his property
whicn his family put in the hands OF
Thomas L. Sherman as committee of
i the estate, finally was brought TO trial
| this afternoon before Judge Holt and
IA jury in the United States District
Court. Chaloners guardian, sherman,
| is named as defendant
The estate approximates a value OF
fi,500,yVO. and was taken from Chal-
| oncr's control in 1899, when an order
of the New York Supreme Court found
the man to be Of unsound mind ana
committed him 10 Bloomingdale
Asylum. a year later Mr. Chaloner
escaped and fed to Virginia. where he
mas resided since in Albemarle county
on an estate known as The Merry
Mills
In 1901 the County Court of Able
marie county adjudged Mr.. Chaloner
sane and capable of managing his own
arairs. Three years later he brought
suit In the Federal Circuit Court in
this district against Sherman, avcrrinK
that he was sane. that the order of the
Supreme Court of the State committing
MIN as insane was void. and that he
was entitled TO recover damages on the
theory that Sherman had converted his
property in his hands as'committec.
UP Against Stone Wall.
AT the outset MIR. Chaloner ran up
against stone wall. He applied TO
the Circuit Court here for an order
OF protection so that he could come
here and prosecute his suit without
danger of being thrown again into
Bloomingdale. The application was de-
MED. whercupon an appeal was taken
to the Federal Circuit Court OF APP
peals
The higher court granted the appll-
cation on condition, however, that Mr.
! Chaloner should place himself abso-
lutely in the custody of Marshal Hen
KEEL That meant most likely that he
| would have to spend his time while
here in the Tombs. or at least in some
hotel Or apartment under constant
espionage.
Mr.. chaioner has never taken advan-
tage of the privilege of coming here
and his counsel for the trial, Hugh
Gordon Miller. is not certain that his
client will be here at all Many Sir-
ginians. netshbors and acquaintanccs
OF Mr.. Chaloner, of moro or less prom
inence. are here. and more are coming.
ready to testify in his behalf.
Mr.. Chaloner is brother of former
Lieutenant Governor Lewis Stuyvesant
Chanler and OF Robert W. ChanIer. tho
former sheriff, and eX-hus band OF
Lima Cavalieri. the French prima donna
MIR. Chaioner was the husband OF
Amelie Rivcs, the authorcss, who is
now Princess Troubetskoy. He changed
his name from Chanlcr TO Chaloncr al
Raleigh. n. c.. in 1905. asserting that
the latter was the ancient patronymic
Of the family.
Mr. Chaloner always has asserted
that his family consplred TO take his
property away from him. and to have
him shut up as lunatic. He asserts
that he has always been quite capable
of mana ging his own affairs. and this
seems to be the belief of his numerous
friends and neiEhbors In Virginia
Former Wife Thinks Him Sane.
Certain it is that many of those who
are prominent in business. the profess
sions and public life are here pre-
pared to testify that Mr.. Chaloner. in
their opinion, Is not only OF sound
mind, but OF more than average INTEL
iigence. The Princess Troubetskoy,
Mr.. Chaloner's former wife has said
that she believes him sane
Mr. Sherman was represented by
Joseph II. Choate, Jr., an auburn
haired youth OF manners resembling
in suavity and gcniallty those OF his
distinguished parent.
Mr.. Chaloner's lawyers are Hugh
Gordon Miller, r. y. Ware, William d.
Reed, OF this city. and w. Gilman
IL
Lawyer Ware opened the Chaloner
side of the case. He dwelt on the
achievements of Mr.. Chaloner as
business man. educator and author
Mr.. Ware quoted "Chaloner on IN
sanity" MS conclusive proof that the
lunacy laws of this state give n man
charged with insanity no proper OPP
portunity to prove his sanity. He also
referred TO Mr. Chaloner's narrative
of his Bloomingdale experience. -Four
Years Behind the Bars" as in itself
proper evidence that Mr.. Chnloner WAS
a all times able to take care OF him
self and his property
"A man in this State who is guilty
of murder may forfeit his life or be
confined in prison for life" said Mr..
Ware. But he may not be tried in his
absence, as was Chaloncr, though he
was a White Plains. and the sherifr's
jury. which adjudGed him insane, was
only twenty miles away. Either death
or life Imprisonment is preferable tc
the fate to which Mr.. Chaloner's bro.
Tiers condemned him."
Mr.. Ware said Mr.. Chaloner's trouble
with his family began when as n young
Astor Chanier. in which Winthrop got
cut on tho head, which" said Mr.
Ware. the brother has still. apparently.
a lively memory
Bigger Family Breach.
There was bigger breach in the
family when Aleda Emmett. w. a,
Chanler, Robert NJ Chanler Winthrop
Chanler and Louis Chanler were not tn
vited to Chaloners wedding when he
married Amclie Rives. now the Princess