The New York herald., 1878-06-18
THE COURTS.
judicial Protection Over the Es-
tates of Lunatics.
PROCEEDINGS IN BANKRUPTCY.
Trial Of Mary Brown for the Murder OF
Frederick Wiegand.

Tho Common Pleas, General Term, met yesterday,
and alter delivering q batch OF decisions IN cases ar
gued during the last term of the court adjourned
without date. The most important OF the decisions
rendered by the Court that in the matter OF =.
u. Gates. lunaiic, which came before the Court
mainly on tho question rs 10 the authority ot Inc
Court 10 require the committee OF lunatic 70 mako
compensation o; his estate TO counsel retained BY
the lunatic to defend him against the attempts 10
adjudge him insane. In this the Court be-
low ordered such allowance to the extent OF
$500. Judge Robinson who writes tho opin-
Ion OF the Court tho appeal, says that sns
respect costs although special proceeding
Is lroled by the code or the act o lSo4 a.
LOVING special proceedings and on appeals AZ
the allowed similar services In civil actions
these provisions have relations solely TO the award
Aug OF inter partis but such allowance Is TO DC
made all according TO tie services necessarily
rendered TO the estate lunstc while the person
proceeded against in such proceeding IS not
10 be aeprived oil the means Of protecting
Tor the support OF himself and family should
noI be unnecessarily wasted IN useless ntiga,
ton; but 10 warrant counsel In opposing u snoulu
appear there was reasonable ground Tor belisv-
Ing that he party proceeded against was mol unatc.
would have have directed apd sanctioned such oppo-
Eition. The theory that an alleged iunatic may en-
ward Tor traveis,ng IL and mat is liable Tor
costs unless be unnecessary or lrvoious htga
wnile thus am rmng the power OF Court in this
respect, the allowance made cannot on the evidence
bo regarded otherwise than excessive. s Inc case ~
not m ordinary ono arising out Of mere employ meut
OF attorney whose compensation 10 70 %
upon the quan,um merui. for all he does.
discreety or otherwise, Ut the dictation OF
the approDasioa OF his client The
Claim one that can only pe allowed
In such as the present upon It's being estaD-
shed by pctent proof "tnRt there reasonable
prounds tor believing thai the party proceeded AGAINST
lunatsc, aud that only such services were
rcnderos within exercise Of judgment
and Tree from impuaton that any efforts were wasted
frivolous lilgalion resulting from caprice
indscreton on tie part eitner attorney. It Is
particularly Tho province OF courts, as guardians OF
The estate OF iunatc, to protect Il from any con-
1scat,on Tor expenses incurred with sanction, be-
yond what The credence presented ully warrants ana
jusi,des even to The extreme letter law They
are not the alnoners OF bounty TO any one, and any
expense exacthd charge tor proceedings taken
icc. Q, ria1 scrutiny before their property
estate Be condemned or connscated in invtum,
or appropriated 10 inc payment OF vague and uncer
cren&ed without The sancton Of the Court.
After thus decoarslns upon inc power and DUTY Of
The Court in the premises Judge Robinson goes on 10
that such prooi Is presented as would JUSTIFY
nny such $500 tor the services OF counsel
In this case IN opposing the Commission oi Lunacy,
and he IN Inks same unnecessarily expensive. He
therefore the order, without prejudice how
ever, to motion Tor reference 70 ascertain what
the principle decision. Chief Justice
Daily IN brief opinion concurs with Judge Robinson.
COMPOSITIONS IN BANKRUPTCY.
An important decision has just been rendered by
the General Term Of the Court Of Common Pleas In
the case OF BamDsrg, Hill Co., against Jacob Stern,
the opinion being written by Judge Van Hoesen and
concurred by Judge j. r. Daily, which the Court
holds that composition effected with creditors IN
bankruptcy Wall bar debts even II frauduienty con-
traclcd. Tho plaintiffs recovered ordinary judg-
mont default against the defendant but the plain
iIs had also obtained order for tho arrest ot the
defendant Oh the ground that the goods sued for IN
complains had been irauduicnty obtatued Alter
Judgment was entered William Strauss tho do
Irhdants counsel, made motion ~ the AnrIne
Court, Cnambers, Tor perpetual stay Of execution,
setting out as the ground OF the application the coss
pos tion bankruptcy which the deiend dant had
wnli. effected The application bong denied the do
lendani appealed 10 the General Term OF the Marine
Court, where the oraer reversed, and the Court
prn ed the stay OF proceedings asked for by
tendanL The plalntn appearing ny Messrs Hart
the Common Plea1 General Term, whore the Judg-
me0t tuc Marne Court, general Term, has been
affirmed with cosus and IN. defsndan.'s mollon for
Atay granted Inc importance of this decision we'll
undersood by lawyers, As the Supreme Court Of this
Department. 10 recent case, desrmined the point at
Issue Juss tho other Judge Van HoeseD, IN his
opinion, refers TO decisions in bankruptcy made by
sudgs Lowell and Juige Blalcnford, and follows their
argument drawing tne distinctions between coln.
position anu discourage. He holds that the mere
fac. that bankrupt has been refused discharge Is
absolute bar TO composstion that discharge
relieves the bankrupt from his debts whether there
or are not assets Tor distribution and that
oi the aeb.-lhe debts a,schsrgsd, paid ana salts
lied win The assent vi the creditor In
referring 10 the act Of Congress which created the
composition Law, Judge Van noesen says:-..rns act
oi Congress relating IL modelled alter
cited bankrupt act Of 1863. Congress did not
see IT. however, 10 adopt section 10, cnapter b2, "
and W Victoriathe Imprisonel Debtors actor that
section provides that u debter VINO makes any CON-
position shall remain liable Tor the unpaid balance OF
lbs debt which have been irauduicnty contracted
unless every credtor shall assent 10 the compostion
lnat accepting dividend khaII not be considered
assent 10 composition IL Is only by virtue Of
tho I'm rlsoned Debtors Inat debtor England
a imposition Is liable 10 arrest,
this country there such act there way oil
neisatng or modifying tne snsct Of the Language oil
she act Of 1874"
KILLED BY A WOMAN'S KICK.
woman name Mary Brown, residing At No. %
Cherry street, arraignsd the Court of General
Sessions by Assistant District Attorney Herring yeste.
day, charged with manslsaghtor. On March Il the
woman, accompanied by her son, boy nve years OF
age, entered the lager becr saloon of Frederick W.
gand, Al No 122 Hester street, and asked for aims
Wigand upbraided her Tor leading the life OF
iusndicanI, upon which sho became angry and
used some onopsivs sp,inots. ON leaving tue
saloon sue slammed The door in violent
manner. As WigAnd went 70 shut u tho woman
IRON tho enecls oil which no died In a lew days In
rspiy 10 her counsel, Mr. Edmund T. Price, Inc ac-
cused stated that she went into The saloon 10 sell
c,ls, when she was grossly tnsutod by two OF WI
gaud's customers, one of whom pushed hog She
the person Tor wbom tue kick WAS Intended her loot
the deceased. Tho jury. aiter brle absencs
iound the prisoner guilty. OF granddaughter In the
tJrrtn degree. Mr.. Price made earnest appeal Ia
her behalf stating thni she was q widow and mad i've
children Judge sutherland sent her TO the Poniten-
nary Tor one year.
SUMMARY OF LAW CASES
In tue suit for divorce brought by Hoilins d. Cole
against his wc, Csra Louise Cole, otherwise known
rs Cora Pearl Hustled Cole. tho Iaets Of which have
been published, reforoncs ordered yesterday by