The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-24
LORD HICKS.
70 PROCEED

QUESTION OF THE LEGAL RIGHT TO PROCEED
IN THE CASE WITHOUT PERSONAL SERVICE.
Tho LordlIicks matter Is progressing rather slowly
but Tho publication OF tho notice 10 Mr. Thomas Lord
that the commission to inquire into his lunacy or
soundness OF mind Will DO executed at four +. ~
February VIII probably have the effect OF bringing
matters to The question OF tho legality Of
going into the examination without having made per.
sonal service discussed rather freely yesterday
afternoon. and some lawyers OF tho opinion that
II was entirely contrary to tho regular practice. A
HERALD reporter called on Judge Fullerton, and
Ing mentioned tho subject to him he said :.On tho
contrary, the Supreme Court have perfect right to
decide. In the English the examinations In
a OF luuacy come before the Court OF Chanccry
and for the Time being tho Lord Chancellor Is tho
guardian OF the alleged lunstic Tho question IA
this country comes up Ia tho
and the Supreme Court takes place Of Tho
Court OF Chancery. When tho application was mado
to Tho supreme Court to inquire into the condition Of
MIR. Lords mlnd atestcd py proper and sufficient evil
denee the Supreme Court became virtually the guar
diau OF MI. Lord and III that position the Court VIII
take special interest In his Affairs In TINS particular
instance, when they have believe he Is
being controlled and Influenced by third party, and
thus avoiding personal service, ,loy would even TO
lustined IN proceeding 10 hearing OF the evidence
without any further notice"
REroRrHR-wlll tho examination go on II Mr. LORD
takes no notice oil The summons2
Judge MISUNDERSTANDING, II will The caso will
then o. tried according TO the evidence produced.
REPoETER-ls there any now development IN the
caso2
Judge FrLLERroS-No; there ~ nothing new and
We have only 10 wait patiently and see whether Mr..
Lord Will make his appearance before the I'd of Feb
ruary. OF course We hope no viii, az IL would be
moro satisfactory Tor all parties
AT
fnc reporter then took rip up town, and getting
out at Fourteenth street took look ut Irs. LORDS
house. The Venetian blinds stl closed. nnd tho
only windows TO DO seen III tho basement Tho re-
port that the notice was 70 DO posted up door
OF tho house was untrue, as such action will DO
TAKEN but the servants have been served with COPY
Tho house ~ quito object Of interest IN IN
street
AZ the clubs the prevailing opinion appears TO DO
that Mr.. and Mrs Lord arc In close quarters In tho
fourteenth street mansion and that heu tho proper
time comes Tho lady will produce her husband and
givo the commission lie dundtico inqu,rento all tho
Information they may require ono gentleman who
KNOWS both tho lady aud Tho husband said
afternoon that no Is almost certain they passed him
on Tuesday afternoon in close carriage rs no was
driving out to the Park. He said ho might possibly
have been mistaken but no satisfied AZ tue
time who thcy were that he mentioned tho fact TO "a
friond who was driving win him.
The sons oi Mr. Lord are very rciccnt the mat
tor aud refuse to make any statepcn way tho
other prccrring 10 let the question be decided Ia
pr oper way.