The sun., 1919-05-17
ASSASSIN RULING
BENEFITS CHALONER
Judge Ignores Meaning Of
Word Referring to Fanatics
Who Made Murder on Art.
sELF-DEFENsE IS SHOWN
Testimony Tends to Uphold
Contention of Sanity of
the Expatriate.

II having been determined that
assassin nowadays does not refer to
the more or less high minded gentlemen
under the Old Man OF the Mountain in
Lebanon of Syria. who from 1890 to
1872 practised murder as a fine art, John
Armstrong Chaloner. who agrees with
the courts of Virginia that he IL sane
ana disagrees with the courts OF New
York, which say he Is not, began his
suit yesterday in the United States Court
foi 100000 against the Evepin0 Post,
which remarked editorially after a man
had accidentally met his death in
Chaloner's home in Virginia that "the
latest prominent assassin had the fore
thought TO have himself declared in
sane before he shot his man."
The suggestion that the term 'assas
sin" was purely literary one was sub
mitted in the demurrer to the suit inter-
posed by William NJ. Wherry, Jr, attor-
ney for the defendant newspaper. The
newspaper, as Mr.. Wherry admitted.
was an extremely erudlte and literary
Journal He cited numerous authorities.
out of the dictionaries and out of bellies
letters, to prove that persons known as
assasSins, from the time OF those under
under the said Old Man of the Noun
tains, who annoyed the Crusaders, down
to most modern times. were invariably
those who killed out of what they re-
garded as the highest motives.
This contention was overruled by a
court accustomed to a workaday world
however. and Mr.. Chaloner. here under
the protection of the court and permitted
to sue in his sane and proper person.
will go on to prove the damage he sus-
tained by the use of the term.
A jury was quickly selected after the
attorneys for Mr.. Chafoner had assured
themselves that none was member
or friend OF the Chanler family, the
Stuyvesants, Astors or Schermehorns.
Their client has been at war with his
brothers, Lewis Stuyvesant Chanler and
Robert Winthrop Chanler. ever since
he was declared insane on their inltia-
tive twenty years ago. An odd feature
OF this jury, however, Is that the fore
man. William Balm. is the son OF
Juror No. ~. Aaron BALM.
The jury heard the description Of what
happened in the Chaloner house from tive
witnesses yesterday. One, Col. Ernk
Money. intimate friend and business az
ISOLATE OF Chaloner. told how MS owr
life had been imperilled when the sho,
was fred.
A man named John Gillard, n neigh.
Dor of Chaloner. had followed his wife
to the Chaloner home. where she hAc
taken refuge from alleged abuse. Col
Money said that Gillard. in the Chaloner
dining room, struck down his wife with
pair of heavy iron fire tongs. Mr.
Chaloner then rushed into the room anG
was in turn struck down. Col. None,
thereupon seized Gillard from behind
pinioning his arms and pressing on hi.
shoulder with his chin, Moneys head
thus pressed tight beside Gillard's righ
temple
To keep the prisoner quiet, Chaloner
according to the witnesses description
fourished small revolver at him. Gil
lard seized the hand in which ChaloneI
hsld the revolver and in the strugHl,
the weapon was discharged, the bulie
snterins Gillard's left temple, passing
through the brain. and lodging agains
mis- right temple. only a fraction OF al
inch away from Col Moneys head.
\ John Gray, Chaloner's negro servant
also told how he had rushed into tn,
room just before the firing, had beer
told to get a rope, and when he returned
found that Gillard had been killed H,
described with minute accuracy the DO
sitions OF the various participants II
the struggle This brought a question
from Mr.. wherry on cross-examlna
ton.
Ibid you memorize what you hav,
saidT' he asked the negro.
And Grady admitted that he had.
Chaloner himself will take the stan,
On Monday and tell his version Of tn,
story. He has been looking forwar,
to this occasion. He feels that for hin
to be permitted to testify in his owl
Behalf in the State of New York, evei
though In a Federal court, will 20 IA
toward rehabilitaing him and enabling
him to set aside some day the judgmen
of the New York court which held hin
insane. If he does this he will regain
the control Of his large property hold
pings in this State, now In the hands o
o committee of his person.