Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-07-02


Government of the United States, and
before the Congress of the United
States, and before the courts of the
United States, and in that he has
solicited individuals to employ attor-
neyS with whom he was associated
or affiliated to prosecute claims and
suits for them wherein he received
division of the fee, and that the
said Frederick A. Fenning is and has
been a. common barrator.'
"The evidence does not sustain this
charge.
Charge No. 5.
"I charge that the said Frederick
A Fenning has committed the offense
of champerty and through direct
solicitation has induced others to en-
ploy him as their attorney in many
champertous agreements, wherein
they were to be out no expense and
not to pay any fee unless he recoV-
cred, in which event he was to be
paid q part of the amount he recov-
cred, and that the said Frederick A.
Fenning is and has been a common
champertorp
The evidence does not sustain this
charge.
Charge No. 6.
"'I charge that continuously during
the past % years the said Frederick
a. F'enning has wrongfully conSpired
and confederated with DR.. William A.
White, superintendent of st. Eliza
beth's Hospital. an institution OF the
United States Government, in an I'M
proper agreement and practice where.
by the said Frederick A. Fenning was
given an improper. selfish, monopolis-
tic inside concession not allowed to
other attorneys, wherein he was per
mitted to personally examine all
records, correspondence and papers re-
lating to inmates of such institution.
and thereby ascertain which or sald
wards of this Government had money,
property, or compensation or pen
sion claims against the Government
of the United States, II privilege de-
MED to other attorneys; and whereby
the said Frederick A. Fenning would
act as attorney for the said DR.. White,
or would have his law partner act as
such attorney for said DR.. White in
filing in the Supreme Court of the
District Of Columbia said DR.. White S
petition praying that a certain inmate,
found to possess money or property
or to have a claim against the Gov
ernment, be adjudged of unsound
mind, and praying that committee
be appointed by the court to take
charge of such estate and prosecute
such claim against the Government.
and in which petition said Fennlng
would have the said DR.. White recon-
mend the said Frederick a. Fenning
as the committee to be appointed, and
I charge that in pursuance of said
wrongful conspiracy and improper
c1jI E'ra1nrjcl< a Ken
ming induced the said DIR. White to
execute over 200 such petitions, which
said Fenning filed in the said Supreme
Court of the District of Columbia,
wherein said Fenning was recommend.
ed for committee, and in which cases
the court appointed said Fenning as
committee or guardian. and as such
said Fenning came into possession OF
the money and property and income
of his said ward and prosecuted said
wards claims against the Govern
ment of the United States, and out of
which estate and annual income the
said Frederick A. Fenning has re-
ceived annually a large per cent.
THE evidence does not show a con-
spiracy between Frederick A. Fenning
and DR.. William A. White.
See testimony Of Frank NJ. Finotti,
pages 1IG119.
See testimony of DIR. White, pages
59S-602 615-6l6-617-61S-619.
"See Jennings testimony, page 86S.
THE above testimony shows Mr..
Fenning was given access to CORE
spondence showing next Of kin Of
wards.
Testimony Of William II. Hayden,
pages 198-201, shows Mr.. Finotti ad-
vised Mr.. Fenning of arrival of pa
tents.
There is no evidence tending to
show that the privilege contained in
this charge was denied to other attor-
neyS.
''See testimony of Dr. White. pages
614 to 618 inclusive, as to number of
petitions executed by him, number
of wards, etc.
Charge No. ].
"I charge that the said Frederick A.
Fenning, about % years ago, wrong
fully and improperly solicited the JUS
tice OF the Supreme Court of the Dis
trict of Columbia. then having charge
of lunacy cases, to appoint him guard
ian or committee in all lunacy cases.
and that said Fenning was then told
by said Justice that he would not APP
point as committee or guardian any
person except the one recommended
in the petition, and that then and
continuously since then, the said
Frederick A. Fenning has wrongfully
and improperly solicited all persons
who might file such petitions to name
him there as committee or guardian,
and he had written many persons
whom he had never seen or known,
urging that they grant him permits
sion TO file such petitions for them
with himself named therein as the one
recommended for appointment as
guardian or committee
There is no evidence to support
this charge.
Charge No. 8.
ct charge that the said Frederick
A. Fenning has admitted under oath
that about % years ago he caused to
be originated the unlawful and inn
proper practice of paying out of the
estate of the person adjudged to be
of unsound mind a fee of $40 to each
doctor employed in ST. Elizabeth's
Hospital who signed one of the two
required affidavits certifying that he
deemed such person of unsound mind,
Notwithstanding the fact that the law
requires all of said doctors employed
in st. Elizabeth's Hospital to give all
of their time to St. EliZabeth's Hos
pital, and said Fenning testified under
oath that when about % years ago he
asked the presiding justice to allow
such fees to said doctors the
said justice of the court asked him
to look up whether there was any
law allowing it, and that after two
weeks search he could find none,
whereupon. although there was no
authority for same, the court entered
an order allowing it, and that such a
fee has been unlawfully and wrong
fully paid to said doctors ever since,
and / charge that said Frederick A.
Fenninp thus caused a wrongful and