Evening star., 1940-03-10
Duryea's Freed
From Hospital,
But Fate Is in Doubt
Judge Holds Slayer
Of Futher Is Sune
Enough to Make Defense
~ the Associated Press.

~ the Associated Press.
WHITE PLAINS, N. Y, March 8.
Chester B. Duryea-once termed a
mental Rip Van Winkle-today won
his long court fight to be declared
sane, but his eventual future must
await the outcome of murder
charges in the killing of his dis
tinguished father 26 years ago.
The 69-year-old, white-haired
Duryea, member Of prominent
New York family, was ordered re-
leased from Matteawan State Hos
pital for the Criminal Insane, where
he has been confined quarter
century and where attendants had
dubbed him Major General God"
Authorities of Kings County
(Brooklyn), where Duryea shot his
father, Brig. Gen. Hiram Duryea,
on the morning of May S, 1914,
were expected to apply for court
order Monday for custody Of Duryea,
but the complete procedure had
not yet been decided upon.
A first-degree murder indictment
has been on file since Duryea was
declared insane, trussed in strait
Jacket and taken to the asylum,
babbling that he had slain his father
"on orders from Washington"
Possibilities Open.
These possibilities were open:
His acquittal of the charge Of
murder, or his conviction, with
years in prison or even death the
penalty; a dismissal of the indict-
ment because of the absence Of wit
nesses, or acquittal by reason of in
sanity, an eventuality which could
mean Duryea's return to the mad
house.
In his decision today Supreme
Court Justice Lee Parsons Davis de-
clared, THE responsibility resting
upon this court is not to determine
the mental condition and response
bility of the relator Ouryea) at
the time of the alleged act. That is
for the jury. Nor is the court re-
uuired to find that he has fully re-
covered his reason.
'"The question before the court Is
single Has the relator so far re-
covered at this time from a state OF
insanity so as to be capable of un-
derstanding the proceedings or max
ing his defense?
IF he is acquitted of the murder
charge on the grounds of insanity,
the jury's verdict must so state and
the trial Judge thereupon commit
him to a State lunatic asylum if his
discharge is deemed dangerous to
the public peace and safety"
Tried to Sue State.
Duryea started his fight for free
dom two months ago.
The State opposed Duryea's re-
lease through the testimony of its
own psychiatrists and by adducing
evidence that he had written erratic
letters and once had tried to sue
New York State for $4,000. 900 900
damages because he was impris-
oned.
Duryea had insisted that the
major General God" form of ad-
dress had been distasteful to him
and that his strange behavior until
. few years ago was Of sort now
foreign to him.
He said he could remember MOTH
ing of the killing of his father, an
S1-year-old Civil War hero, leader
of a famous Zouaves regiment of
infantry, whom President Lincoln
had brevetted brigadier.
The State introduced letters to
support the contention that Duryea
was still mad and that society might
be imperiled by his release.
Grew Calm at Hearing.
Duryea, nervous at first, had grown
calm as the proceedings went on,
and Justice Davis noted that he
was quiet, courteous and polite,
and that his answers on the whole
were intelligent, direct and respon-
sive."
HE was most attentive and nor
NAL in his reactions" the justice
observed, adding that he was "con-
strained to follow the opinion of the
majority Of the doctors plus his own
observations"
Duryea's wife lives on Long
Island, but he has not seen her since
1914. She receives $1,000 a year
from his estate which is admins
tered by a trustee. A son, Chester,
jr., lives in Tahiti and receives $2,500
a year. The value of the estate
Gen. Duryea was wealthy manu-
facturer-has been estimated at
more than 81 10000