Evening star., 1926-05-02

McCoy's integrity.
Justice Mccoy was then asked re-
garding the habeas corpus principle,
and he said that he came from a.
Jurisdiction where it was considered
a right and of highest prerogative.
Mr.. Gilbert made statement Tor
the record correcting misapprehen-
sion that had arisen from a chance
remark made by him. He said he
agrees that the habeas corpus right
exists everywhere and that he had
spoken ironically the other night when
he said it was recognized elsewhere
but didn't seem to operate in the Dis
trict Of Columbia. Justice Mccoy was
asked IL he knew that when Mr.. Fen
ming or DIR. White objected to q re-
lease the person Is not released, and
he went into a lengthy discussion OF
the case of Miss Cornelia Corbett, who
testified 20 years ago before con-
gressional investigation and an affi-
davit from whom Mr.. BlantOn had
printed in the Congressional Record
as part of his charges in the present
investigation.
Thinks Woman Mistaken.
Justice Mccoy said, when ques-
toned in regard to this, II don't want
10 QucSllOA tklC "OlA VI chy OAAC' L
believe she Is mistaken in saying that
any court denied her a right to be
heard"
Mr.. Blanton then told Justice Nc
Coy that the Gibson subcommittee in
executive session Is thinking of recon-
mending some matters to Congress
for legislation and asked Justice Nc
Coy's advice on remedial measures.
The justice said he would rather talk
with the committee In executive ses'
sion and that any of the justices
would be glad to help.
Mr.. Gibson said that suggestions
have been made that the fee OF guard
ian be limited to per cent. where
now there is a maximum Of 10 per
cent. He said 1t Is also suggested that
the same law as to maximum fees
should apply to committees with FUR
ther proviso that when the non conn.,
pos mentis has no known relative re
siding in the District there should be
appointed a guardian ad litem, which
now is not required.
He said that a bill has been intro
duced providing for appointment of
a public administrator for others
than veterans, IT being taken for
granted that the veterans committee
care of the situation as it affects
veterans. Mr.. Gibson said that 1T
is further proposed that there shall
be a separate Probate Court estab-
lished to have special jurisdiction
over the estates Of the deceased.
guardians, committees. etc. Justice
Mccoy promised that the Supreme
Court justices would confer with
the committee privately.
Mr. Blanton next drew attention to
fees in excess Of 10 per cent which
had been allowed to Mr.. Fenning
He argued that the smaller the estate
of the poor lunatic the more 1t should
be protected. Justice Mccoy pointed
out that in probate matters 1t works
just the other way
Denmark Trip Recalled.
Mr.. Blanton called attention that
in the case OF the poor boy whose
parents live in Denmark Mr.. Fenning
had received $1,577 and made trip
to Europe with his wife--here he
was interrupted by Mr.. Gibson, who
reminded him that Mr.. Fenning
wife made the trip at her own ex
pense. Mr.. Blanton said he would
show the committee that he could &c
lO with IllS NAAO oAiN hanS I" -
others with him, leaving one OF them
over there. and still have a pretty
good time on $1.577.
Justice Mccoy then told the sub
committee II shall have to stand for
that trip to Denmark. / signed the
order. 1t is rather unusual. MIR
Fenning came to me. l asked II 1t
had ever been done. He said Justice
Barnard had allowed such a proceed
ing. l thought it proper to be done.
Mr., Blanton said "If you had called
for his final accounting l would have
approved Of your granting that order,
but when you let him go over there
and get rid of that boy and come back
here and continue to draw $500 year
as guardian it goes against my con
science" Justice Mccoy replied. Il
hope | have as tender conscience
I hope / do no wrong to any mother,
especially when her son is lunatic.
He was then questioned regarding
subornation and went on to explain
that If an attorney misleads the court
and has a lunatic put into st. Eliza
beth's Hospital under false claims he
believes it would come under this
heading. He said he referred to the
Philip Berg case, which is the one In
which the order was gtveen to allow
the lunatic to make a will and that IN
this will the mother was left out and
an attack was made upon her in the
petition for the will presented by MIR
Fenning. This petition contained an
attack upon the mothers integrity
and character.
Quizzed on Monopoly"
Mr.. Blanton next questioned Justice
Mccoy why the Washington Law Re
porter is allowed "a monopoly He
pointed out that Commissioner Fen
ming is a director of that corporation
and asked the object of the court in
granting a monopoly. Justice Mccoy
explained that it is not because Mr..
Fenning is a stockholder or director
He said that this matter had been
threshed out and that it was simply
a question of having one place
throughout the year where any per.
son could go and get official informa'
ton on court decisions. Mr.. Blanton
agreed that he thought that a very
good reason, but wanted to know
"Why pick Jennings paper?" Justice
Mccoy said he didn't know that Mr..
Fenning was interested in it and that
he himself did not pick the Law Re.
porter, as it was started many years
before he came to the District.
Mr. Blanton asked about an as.
sistant clerk at the District Court
named Gawler. Fred O'Connell. a
deputy clerk, introduced by Justice
Mccoy, said that there was such a
clerk who came up from the Police
Court several months ago. Mr..
Blanton wanted to know what relative
this clerk is of the undertaken named
Gawler, but neither Justice Mccoy nor
Deputy Clerk O'Connell was able to
inform him.
Asked Regarding Practice.
Mr.. Houston asked Justice Mccoy
regarding the account filed by Mr..
Fenning in the case of Roley Lee.
He said that apparently 1t was a
printed form with Mr.. Jennings name
printed. Justice Mccoy said that the
court had printed forms. but he could