The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-12-23
A DECISION IN
GRIMSLEY CASE
Judge smysh Holds That Appointment
Of Guardian is Void and Proper
ty is Hold in Trust by
Judge Hughes.
HUGHES NOT CENsURED
smyth Recalls Irregularities, sut
Believes They Were Occasion
ed by III Feeling Be
tween Attorneys.

Another chapter in the far-famed
Grimsley litigation was concluded to-
day when Judge James ID. Smyth rem
dered his decision in the district court
in the case entitled Sinton, guardian
VS.. Felix T. Hughes, ct al.
After the Judge had delivered his
decision, rendering an oral opinion
from the bench shortly before II
o'clock this morning, two courses
were left open to the defendant in
the case. The court held that the
appointment of permanent guar
dian of Mrs. Grinlsley was void and
that the case could be dismissed on
this ground, as the plaintiff had
no legal right to institute the
action: otherwise his decree
would be that the property
under litigation is held i'll trust by
Judge Hughes, subject to his attorney
fees and expenses attending same.
Attorney Dolan for the plaintiff said
that either dismissal of the case or
decree as directed by court would
be, satisfactory. Attorney AIcCoid
wished to confer with Judge Hughes
regarding the matter and when court
adjourned at the end of the morning
session nothing fur ther had been
done.
Hughes Not censured.
In his opinion Judge Smyth did not
censure Judge Hughes III any way ex-
cept to call attention 10 irregulari
ties that had existed, which, he said
i he was inclined to believe We're due
to the belligerant attitude of the at
torneys interested in the case. He
exonerated the Judge from any at
tempt to defraud Mrs. Grimsley of
what belonged to her, being Of the
opinion that the judge was holding
the property in trust, as was contend
ed, and at the same time seeking to
secure his, attorney fees. Judge
Snlyth also said that no proof of the
insanity of Mrs. Grimsley at the time
the contract was made had been es-
tablishe and he classed the woman
as an eccentric person rather than
one of unsound mind.
Judge Smyth very briefly summed
up the points in the case. He de.
clared that a number of question
arise but did rot attempt to touch on
all of them.
Ward Eccentric, Not Insane.
AS to the insanity of Mrs. Grinrsley,
the evidence is very conflicting, he
said. The witnesses testified both
ways and merely drew conclusions on
their part, while no expert testimony
had been introduced BY the testi-
mony of the witnesses the insanity
of the ward was not established, in
his judgment. Court drew line be-
tween insanity and eccentricity and
classed Mrs. Grimsley as an eccentric
mind. Some fthe testimony had
been based on circumstances which
can be explained, he said. The point
is made that all of the wi Illnesses arc
interested in the case, but the judge
was inclined to believe that they
were not interested in the outcome
of Il.
Judge Smyth touched briefly on
the conduct of Judge Hughes in the
matter. His opinion was that Judge
Hughes, under the very strict rule,
was in no position to make a con-
tract with his ellen regarding the
property, but drew the conclusion
that the judges action was probably
for the purpose OF securing his at
torney fees His conduct was not,
however, such that he would forfeit:
all claims to the property.
Property Held in Trust.
The judge was holding the proper
ty in trust" said the court. and It
was his duty to protect it,
1t is said that instead of that he re.
fused TO make an accounting and
subsequently, deprived his client of
possession of il. AS to his conduct
in refusing 20 account for the prop
erty | think that can be explained
Other attorneys had been employed
and belligerant attitude was
a'OuSeQ on all SluSS SO lHaI neither
of the parties were in a position %
approach each other. Personal ami
mostly was aroused and under the
circumstances | do not think that he
should be cut off from all OF it for
his serices. The court will not say
that 'ha shall be S ripped of every
thing. but shall have just compen-
sation for services performed
AS to his being party to dis
possessing the client there is rea-
son. Her condition was 70 unsanitary
that something had 10 be done. The.
situation was disagreaable one and
am not going to criticize.
This afternoon it. was said that
Judge Hughes had decided on he set
Element decisiaon.
"Rev. staunton Loses in Court.
The case OF Beniamin Stanton vs..