The San Francisco call., 1904-03-18
MOKEY'S PLAN
NIPPED IN BUD
Judge COffey Declines to
Make an Order Granting
a New Trial of the Case

Oliver y. MOxey. the fencing master
Of John .. Hoover's University of
Physical Culture who persuaded aged
and incompetent Mrs. Gage H. Phillips
OF Boston 10 become his wife and then
induced her to deed 10 him property in
Boston worth sl25, 900 and a ranch in
MendOcinO County worth $50, 600, viii be
about SO 600 richer than he was before
he met the aged woman and by his soft
words and subtle fattery won her heart
and hand, provided the attorneys in the
case and Harry Vaudeville have their
way.
The terms Of the compromise at
tempted 10 be made by Vaudeville with
Moxey at the close Of the sensational
trial were made public in the probate
court yesterday. when the guardianship
matter came uD on a motion for a new
trial. made by Moxey. A stipulation
agreeing 10 a new trial and confirming
the compromise was filed by the attor-
neys in the case, but the motion was
denied by Judge COney after il had
been stated that Moxey had agreed to
accept 30 Der cent Of the value of the
property conveyed 10 him by his aged
spouse and TO recOnvey the property
to D. K. and L. II. Phillips Of Boston,
his brothers-in-law. to be held by them
in trust for Mrs. Moxey. Judge Coffey
refused TO grant the motion. which
would have the effect Of restoring Mrs.
Moxey TO competency and thus set
aside his own judgment
COURT DISAPPROVES.
Moxey would net about 81, 900 by this
arrangement, as under the compromise
he must pay the cost Of his wife's de-
fense TO Mandeville's charges Of incom-
potency. 1t is estimated that this Will
amount to about $4,000.
The proposed compromise with MOXey
does not meet with the approval of
Judge Coffey, who when the stipulation
consenting to the new trial was offered
10 him for his signature took but little
pains to hide his disgust. He said he
doubted the right Of Vaudeville to
compromise with Moxey, saying that
in his opinion such an action consti-
tuted a summary setting aside Of the
courts findings and practical giving
up TO one found guilty Of fraud Of a
portion Of the estate of a person for
whom the courts aid had been sought
At the close of the proceeding Judge
COffey said:
TO sign an order predicated on such stip-
ulation would not only De a judicial self-stul-
rffcation. a fasifyizg by the court of its own
findings and solemn judgment, but It would
be pre5udicial 10 public policy, for IL IS not
q mere matter of private cOfscern, but one in
which the community Is interested m the pre-
rentiDn Of wrong to citizens and the cCnserYa-
ton of the rights Of persons and property The
public ends 10 be served are the protection Of
property, the prevention Of fraud, the restitu-
ton Of estate frauduiently acquired by spo-
listors and the providing against the incur
uent OF a public charge IN consequence OF inn
providence inducing indfgence.
TIES Up ESTATE.
Thus il may be seen that not only is the
welfare ~ the incompetent involved, but the
general interests Of the community OF which
- Ii a cofnDonent part. The court had
found that Mrs. Phillips MoKey was incOmpe-
tent and that Hoover ana AoEey hao practced
fraud upon her in many and devious ways. II