Evening star., 1926-05-04
JUDGE AND DOCTORS ON STAND
AT NIGHT FENNINC CASE HEARING
Justice HoehIing Tells of Traction Case and Position
as Lecturer-Physcians Give Status of Patients
at ST. Ezabeth's Hospital.

| told Mr.. Brosnan. You have the ke,
Of the jail in your own pocket" III
| said that he believed MIR. BrosnaI
could make payment and produce tht
| bonds. Later. after conference with
his sisters, Mr.. Brosnan asked to be
released. when he confessed to the
court that he hadn't the money tC
make good, and he was then promptly
released from custody on the con
tempt charge. The official court pa
pers in this case were put into the
record of last nights hearing.
Justice Hoehling said he wanted II
understood that the door of the court
room Is always open to any one who
cares 40 come in and ask for anything
that is right and proper-from the
| highest TO the lowest"
Close Family Corporation"
| Representative Bowman asked il
| the real criticism in that case haC
moi been that the managers were
appointed without making the Provi
dent Relief Association party to the
| suit. Justice Hoehling said he thought
| the company should have been made
| party to the suit and produced a
record showing that the attorney for
Mr. Brosnan set out early in the case
and the Provident Relief Association
He emphasized also that it was al
close family corporation.
Chairman Gibson asked Justice
Hoehling about remedial legislation
In regard to guardianship fees, he
pointed out that Mr.. Fenning had re
ceived in fees for cases of insane vet
Grams SS9,0 in five years and that
the record of the auditor of the Su
preme Court shows that altogether
he has received S190,00 in fees. He
asked the justice if there is not danger
in centering in one person too many
OF these guardianships. Justice Hoeh-
ling replied: 1T appears as il that
might be possible.
Mr.. Gibson continued that MIR. Fen.
ming is guardian for "a wards at ST.
Eliza oeth's. with a number outside
making a total of 200 in all. He asked
Justice HOehling: DO you not think
one man to have? Do you not think
it wise legislation TO cut down the
prevailing percentage of 10 per cent
that has been allowed Mr.. Fenning to
q. maximum fee of per cent? Is
that practical?" Justice Hoehling
said Il do not see why it would not
be-"
More Judges Needed.
Mr.. Gibson then discussed with Jus,
tice Hoehling the condition of the
Supreme Court docket and the way
in which the Wan case and other
criminal cases and some equity cases
have taken the exclusive time OF one
judPe for weeks at a time. thus con-
gesting the court practice. He stated
that Daniel w. O'Donoghue, former
president of the District Bar Associa.
ton, had recommended TO the sub
committee that there should be at
least two additional judges. Justice
Hoehling confirmed this opinion
Mr.. Gibson next took up the subject
OF a proposed new probate court
with administration of probate mat
ters. guardia nships and other estate
cases. Justice Hoehling argued. as
had Mr.. O'Donoghue previously. that
there should be no more distinct
courts. but Justice Hoehling thought
it would be quite proper to keep the
courts together, and have a new di-
vision of the court in addition to
the circuit. equity and criminal di-
visions now operating. He suggested
that this new division might handle
probate. divorce and lunacy matters.
Mr.. Gibson then said: IT appears
from undisputed evidence before us
that there are 1900 patients in ST.
Elizabeth's who have never been
committed. but sent there. many of
them. merely on a letter from the
Army, Navy. Public Health Service.
Department of Justice or superinten.
dents of soldiers homes. Do you
think that is right?"
Should Have Hearing.
Justice Hoehling replied that he
always understood that when a man
entered military service he voluntarily
submitted himself to such procedure.
but he said that he questioned in his
own mind the propriety Of sending a
man 10 an insane asylum without
any hearing upon his mental con-
dition. Mr. Gibson called attention
to the fact that there are 900 veterans
of the war there, and a very large
number Of these are held without
any adjudication. Il think every
man is entitled to hearing" said
Justice Hoehling.
Mr.. Blanton questioned Justice
Hoehling regarding the length Of va
cation the justices of the court take
annually. It was shown that the
justices of the Supreme Court divide
up the time during the Summer
months so that they average about
nine weeks vacation. Mr.. Blanton
spoke from his own experience as
a judge handling all sorts of cases
and expressed the opinion that the
court docket could be kept in better
shape II the judges cut down on the
length of time given to some cases
and did not take such long vacations.
Mr. Blanton called as a witness
Or. Samuel Silk and DR.. Daniel G.
Main, senior physicians on st. Eliza
beth's staff. They both testified that
they received salaries Of 81 800 and
have houses furnished them on the
hospital grounds. DIR. Silk has been
a physician at st. Elizabeth since
December, 1915. When Mr.. Blanton
said he had found DR. Silks name
signed very frequently to papers in
lunacy for Mr. Fenning, Dr. Silk
said: mot very many; perhaps 10
times in the last or 4 years.
He stated positively that he had
never received l cent or any other
consideration from Mr.. Fenning.
Asked by Mr.. Blanton. Are all