The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-12-22
KEARNY'S GUARDIAN
William H. Speer, il, Says
the General is Not Fit
to Have the Gus
tody Of His
Son.
WANTS MARQUISE DE KERNEL NAMED
The Court Gives Time For the
Taking Of Testimony on the
Question of Fitness.

Counsellor William H. Corbin made ap-
plication to Judge Hudspeth in the Hud-
son County Orphans Courtthis morning
for the appointment of General John
Watts Kearny as the guardian of his son
and namesake, who was adjudged an hab-
itual drunkard by a Chancery Commission
of three and a Sheriff's jury of twenty
four men on October % last. The Cham
cellor certified the proceedings Of the
commission to the Orphans Court, and di-
rected that Judge Hudspeth name a guar
dian for the young man.
Young Kearny has been in jail ever
since his trial. His father has paid his
board. In the meantime the Marquise De
Kernel, sister of General Kearny, has
been using every .endeavor to effect the
release of her nephew. She employed Law
yer William Speer, Jr., to defend him.
Mr.. Speer endeavored to secure his re-
lease by habeas corpus, but failed. This
morning ne opposed the appointment of
General Kearny as the guardian of his
son, and asked that the Marquise De Ker-
mel be named instead. He declared that
he could produce evidence of the unfit
ness of General Kearny for the office.
He wanted the court to listen to testimony
on the subject at once.
This Judge Hudspeth said he could not
do. After considerable argument, how
ever, he gave Mr.. Speer until 10 O'Clock
tomorrow morning to produce affidavits
of General Kearny's unfitness, which he
said he would consider. Young John
Watts Kearny was. not in court when his
case was called, neither was the Mar
quise De Kernel in evidence, as she has
been at all previous proceedings.
General Kearny was present, however,
with his counsel, Mr.. Corbin. Mr.. Speer
appeared for the young man. Mr.. Cor
bin stated that he was there to- make APP
plication for the appointment of a guar
dian for young Kearny, and then con-
tinued:-
Il now ask that the young mans ia
Their, General Watts Kearny, be named as
his guardian. The finding of the jury was
hat the young man had no property, ana
l ask therefore that the bond which is
provided for by the statute be made a
nominal one"
Lawyer speer replied to Mr.. Corbin's
motion as follows:-"I appear to oppose
the application. In the first place / de-
sire to say that all the proceedings IN
chancery have been certified 70 TINS
court. That evidence was presented TO
the court that 1t might examine 1t ana
see if it had the power to appoint a
guardian. The inquiSition as found by the
jury was negatively that the young man
is not a resident and never has been a
resident of New Jersey. Also that the
young man has no property to dispose OF.
This court only has power to appoint a
guardian of the estate and person and
has no power over the mere person where
there is no estate. If the court had jur-
isdietion over the person OF every man
who saw fit to drink more than other
men the court would have its hands full
taking care of men who were full.
Il don't think General kearny a mt per
son to be the guardian of his son. L think
it is entirely proper that the court should
hear testimony on the fitness of General
Kearny or any other person. | ask Your
Honor to appoint as the guardian of John
Watts Kearny, Jr., the Marquise DE ker-
mel, who is a peculiarly fit person for
the trust. She has stood by her nephew
in all trouble and l represent her here
this morning. However, I question the
right of Your Honor to appoint any guar
dian at all, as you will notice that the
statute in all its sections says that there
shall be property where a guardian is APP
pointed. 1t is entirely patent that the OBJ
ject of the statute is the preservation OF
property"
Mr. Corbin commended in reply to Mr..
Speer tina the trainers of the statute had
as much in mind the of the
habitual drunkard as the preservation OF
his property. and, that it was the duty Of
the Court to appoint a guardian as speed
lily as possible, and one who would see
that a reformation was effected.
"As to the suggestion that General
Kearny is not a fit person to- be the
guardian of his SON. said Mr.. corbin. Il
shall not enter into much comment. The
young man is in the Hudson County Jail,
where he is supported by his father, as
a man who has served in several Govern
ment positions with honor and distinction.
He is a man of high character, a man of
substance and by these painful proceed
ipro which ho has brought aS a la St re-
sort to effect the reformation of his son,
he has proved his solicitude for his well
fare. / doubt if Mr.. Speer could find an
other person other than General Kearny
who would lay out a7$10 bill on the young
man. | shall not say anything against
the lady Mr.. Speer has named as a proper
it would not be proper for me to do so,
but L, do sincerely hope that the Court
will not listen to testimony which can
only have the effect of laying bare painful
man is dead. His father took him twice
to Europe and has always shown the
deepest interest in his welfare. If his
father has no regard for him why has he
brought these painful proceedings"
Judge Hudspeth denied Mr.. Speer's mo-
ton regarding the taking of testimony,
tsaying:-.I know of no proceedings in the
Orphans Court which would permit the
aking of testimony on the fitness of a
person to become a guardian. The Court
must exercise us own judgment IN the
matter and unless facts Affirmative of the
alleged unfitness of General Kearny are
laid before the Court in such shape as to
excite a doubt in the mind of the Court
the Court will proceed at once to name
a guardian for the defendant. The Court
cannot overlook the current criticism on
the alleged unnecessary confinement of
MT. Kearny. The Court cannot and will
not be made an object of criticism"
After considerable further argument
Judge Hudspeth gave Mr.. Speer until to-
morrow morning at ten o'clock to present
afidavits of the unftness of General
Kearny for the place of guardian.