The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-04-09
CHALONER'S LIBEL
SUIT MEETS DELAY
Hats While Plaintiff Sends to
North Carolina for San
ity DEGREES.

The determination OF the sanity OF
John Armstrong Chaloner on his native
soil was again deferred yesterday morn
ing when in hia suit against a New
York newspaper for libel Judge Dietrich
| In Federal court adjourned the case
until Friday to enable Mr. Chaloner's at
torneys to procure from the South de-
crees OF the North Carolina courts which
they allego establish his right to sue.
Chaloner sat through the legal argu-
rnents OF his own attorney. George ~.
Curtis. and William NJ. Wherry, counsel
for the defendant newspaper. with his
chair pulled as close to theirs as he could
get II, and arose with them to stand at
the court railing and whisper sugges-
tons. He has written several volumes
on the lunacy laws and considers him
self an expert.
He was dressed as usual in the easy
sack suit and the soft stock which he
and made frequent use Of pair OF
powerful glasses which he has alwaes
with him. When adjournment was
reached he refused to express any dis
appointment over the delay.
I've been fighting for a quarter OF a
century," he said; "a delay like this Is
as moment"
He regards the phase OF the case
which developed this morning as Of far
more Importance than the matter Of the
final award of the 800. 900. for which he
is suing, for the attorneys for the de-
PENDANT have set up as a plea In abate-
nent that as the New York courts ad-
Judged Chaloner insane twenty-three
years ago. and as all his property in
this district Is In the hands OF a COM
mittee OF his person. he Is not competent
to sue before the law Chaloner con-
| tends that his North Carolina citizenship,
taken with the DEGREES or the North
Carolina and Virginia courts. which ad-
, judged him sane. give him the right to
appear before any United States court
as the competent citizen OF one State
suing a corporation OF another.
Substantiating this contention Mr.
Curtis cited the decree OF Judge Coke
of the Federal District Court OF Appeals
len years ago. which gave his client the
right to sue Washington, d. c.,
newspaper In the Federal courts Judge
Dietrich stood upon this decision In re-
fusing to grant the motion of the de-
PENDANT for a dismissal OF the case. he
refused to grant Mr.. Chalouer's motion
for a dismissal Of the plea Of abatement
however. on the ground that Judge
Mayer had ordered the plea heard, but
gave Mr.. Curtis time to get the necessary
documents
One Of the interesting Incidents Of the
court room was the appearance OF
Thomas T. Sherman OF the firm Of
Evarts. Choate & Sherman. Mr.. Sher-
man has been the committee on the
property OF Chaioner ever since his
brothers, Lewis Stuyvesant, Robert
Winthrop and Winthrop Aston Chanler,
joining with the rest OF the family, had
Kim sdJudged insane. Mr. Sherman and
Mr.. Chaloner, however. have never met
and they did not meet yesterday. Mr.
Chaloner only knew OF Mr. Sherman's
presence in the court room after he had
left. He has offered to call upon him.
We get on splenddly by mail" he
said. Il have no feeling at all against
Mr.. sherman. l feel IA little sorry to
drag him into court for he Is not the
forensic member OF his firm and I'll bet
| ne doesn't like It. He's business man
and a real estate lawyer"