The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-05-22


to the jury. Through 1t all Chaloner
sat an interested and silent spectator.
Mr.. Wherry. counsel for the Post, made
attack after attack on the credl-
bility Of Chaloner's story Of the shoot
ing, on Chaloners mental condition and
on what he alluded to as his decisions.
Joseph III. Choate. leader of the
American bar" said Mr.. Wherry, "put
this man In the insane class. 1 don't
choose to differ with that authority"
He characterized Chaloner's carrying
OF revolvers as an indication OF his
dangerous condition and generally beat
hard upon Chaloner's tender spots. Not
withstanding this. when the jury retired
Chaloner approached Mr.. Wherry in the
most friendly manner possible and pre-
sented him In high good nature with a
sonnet which he said he had composed
In his honor after his tilt with the law
yer through the long hours of his cross
examination. The sonnet was entitled
Gladiator vs.. Retiarius'' and was dedi-
Gated to william NJ Wherry. Jr., Esq,
my redoubtable adversary In Chaloner
vs.. NeD York Evening POST It IL as
follows:
Their tintinnabulations sweetly Rise
hear HelPs bells resonant and sonorel
Before the curtain rises fore our eyes.
Before the air is thick with battles roar.
shrewd was the passage Of our arms to-
day,
shrewd were the tsrust' shrewd whsrry
His skill at fence man can true gainsay.
He put me on my mettle-did wherryi
Twas Gladiator 'gainst Retisrius-
Against the man with trident and dread
A thing as deadly as the iasso plus
It's whistle near my ear I'll neer forget.
| ] nser enjoyed a day more In my life
Than this same day OF most epochal STRIFE.
ChaIoner's Attorney Rebuked.
| Chaloner's own attorney. George NJ.
Curtis, Jr.. warmly defended the theory
of his client that he had been prosecuted
by his family. He went so far In In
dicating that Chaloner was victim OF
plot of the powerful, in which those
representing the opposite side OF the
| present case seemed to be involved that
he brought himself prompt and severe
febuke from Judge Hand.
While DR.. Wherry had contented him
self with a cool and calm estimate OF
Chaloner and his case, Mr.. Curtis for
nearly two hours stirred the jury with
the story of Chalmers romantic life,
the reasons for his bad feeling with his
family over the marriage to Amelie
Rives. an analysis of the story of the
shooting of GiIlsrd and plea for more
than the usual consideration due from q
jury to this plaintiff"
He charged that many persons were
Interested in keeping Chaloner down
because OF the control this permitted
them to exercise over his rich estate. In
backing up Chaloner's claim that he had
been sent to Bloomingdale because his
relatives desired to get rid of him, Mr..
Curtis said that twenty years ago his
father, George NJ. Curtis Sr.. had stood
In the same court to protest from the
same sort of a conspiracy William c.
IRhinelander, whose family wished him
put out Of the way on account Of q
marriage which they considered I'M
desirable.
When court opened yesterday Mr. Cur
tbs submitted the publication of the story
OF the Gillard shooting as V appeared
in the New York Press. This publication
was not admitted to the record. however
The only account of the actual event
on the record was that printed in the
New York Times. Mr.. Wherry quoted
from this In an endeavor to show that
Chaloner at that time admitted that he
had killed Gillard. but asserted that ht
had done so in defence of Gillard's wife
Mr.. Curtis brought out that this alluaor
came from the answer of the New Yorh
J Times to n suit for libel which ChaloneI
Is bringing against that paper on I'll
original publication of the story.
II A suit against Tosrn Topics. which
Chaioner and his lawyers are preparin
Is a plea for damages because OF ar
article in that paper which made certain
assertions with regard to the relationI
: between Chaloner and his wife after the,
. had been divorced and before she mar
I mier Prince Troubetzkoy. II will b
moved for trial next month. according
, to Mr.. Streusand OF Mr.. Chaloner's coun
SEA. In the meantime Chaloner will asl
, the Federal court for another writ o.
protection. allowing Chaloner to sta,
, within the Jurisdiction of the New Yorl
Supreme Court without molestation from
i II, from Thomas T. Sherman, the com
mittee Of his person or from Blooming
, dale Asylum, from which Chaloner es
i capped, but to which he still stands legal!
, committed in this State. He has beer
, here for the present suit only under tn
protection OF like writ. but this vii
/, expire five days after the close OF thu
, trial against the Evening Post, for which
/ II was granted.
Chaloner is also engaged In a litigation
with Mr.. Sherman. who. as his com
: mittee, has been asked for an accounting
. of his property. This suit. initiated b!
the committee, according to Mr.. Chalon
, er's attorneys, will. they hope. give hin
the opportunity finally to establish hi
sanity and the right to the control o
his property in this State. This suit q
. in the State Supreme Court.