Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-06-13
IN COURT OF APPEALS
OPINIONS HANDED DOWN IN
NUMBER OF CAUSES.

The District Court of Appeals today. in an
opinion written by Chief Justice Shepard, re-
versed the decree of the District Supreme
Court in the case of Morgan Bryan, trustee
in bankruptcy, against Alice V. Curtis.
Administrative, and Leslie NJ. Shaw. Secre-
tary of the Treasury.
Bryan and Mrs. Curtis both claimed the
proceeds of two judgments rendered by the
Court of Claims against the United States
in two Indian depreciation cases, in favor
of the estate of William r. Curtis, de-
ceased. The judgments were in the name
of Mrs. Curtis as administrative and the
appropriation of Congress was also in her
name. Bryan, as trustee in bankruptcy OF
Curtis, filed bill in equity to restrain Mrs.
Curtis from collecting the judgments
The Secretary of the Treasury filed de-
n.urrer. which was sustained by the Dis
trfct Supreme Court the ground that
Under the statute the money went to the
Administrative and not to the creditors.
The Appellate Court reverses this decision
because Mrs. Curtis had not yet been
brought before the court.
Opinion Modified.
The Appellate Court also modified It's
opinion recently delivered in the case Of
Albert M. Raymond, who was convicted
and sentenced to five years in the peniten-
tlary for an alleged libel of certain Dis
trict officials. In the original opinion the
cause was remanded with directions to
grant a new trial because of receipt Of
evidence by the lower court after the YER
dict was rendered and at the time sentence
was passed.
The Court of Appeals today directed that
all the proceedings of the lower court after
the verdict be vacated. and that the court
proceed to sentence anew. This action was
taken on a motion for rehearing. filed by
the district attorney The Appellate Court
overruled the motion for a rehearing but
made the notifications of it's former decree
as indicated above,
Lower Court Sustained.
The decree of the District Supreme Court
was affirmed in the case of Charles W.
Critchfield and others against George j.
yesterday and others. This was a pro-
ceeding in equity to set aside a deed of
trust and a deed in fee, made by the late
Mrs Ellen ]. Campbell, on the ground that
she was at the time incompetent to execute
deed. DR.. Thomas'B. Campbell, her hus-
band, lived in Washington, and shortly be-
lore her death she made the trust and con-
Veyed the property to her husband
He therefore made will in which he de-
vised all his property to the defendant,
yesterday. In trust for her support and
maintenance during her life. DR.. Camp
bell died few days after the conveyance
~ iiiii, anu Wlle INeQ out a Few months
after. Certain relatives of Mrs Campbell
then began proceedings as stated above
Mr.. Justice Morris quotes with approval
the decision of Justice Gould and holds
that Mrs Campbell was competent to exc
cute both papers. He also says even an
Insane. person may have lucid intervals,
and his contracts then made are valid and
binding"
In Other Cases.
In the case of John Ryan, convicted of
larceny, the Appellate Court sustains the
conviction on the ground that there was
no evidence of sufficient drunkenness to
destroy his responsibility, and because of
proof that after he became sober he did
not abandon his purpose, but retained the
goods under such circumstances as justified
the jury in finding verdict of guilty
In the admiralty case of the James Clark
Company, owner of the tug Sarah
against the ferryboat Columbia, which was
partially destroyed by fire, the Court of
appeals in rather humorous opinion by
Justice Duell, modifies the decree of the
lower court by increasing the allowance for
salvage from 500 to $3.50.
The motion to affirm the decision of the
commissioner of patents was granted in
the patent appeal case of Jones against
Starr
The Judgment of the Police Court in the
case of Albert Fields, convicted under an
information charging vagrancy was re-
Versed by the Court of Appeals in an opin-
ion by Mr.. Justice Norris