Evening star., 1939-03-06
Edward B. Mclean
Hope|ess|y Insane,
Court Is Told
Lows Sustoins Petition
To Bar Attorney
Fraser in Cuse

Edward B. Mclean was described
as "hopelessly insane" in District
Court today when DR.. Winfred
Overholser, superintendent of st.
Elizabeth's Hospital, reported to
Justice Bolitha J. Laws on the re-
suit of an examination he made
OF the former Washington publish
er last week at Sheppard and Enoch
Pratt Hospital at Towson, Md.
Ever since his admission to the
hospital, Mr.. Mclean "has denied
hts identity, asserting himself to
be various persons" DR.. Overholser
told the court, adding "the out
look for substantial improvement
appears to me to be very doubtful"
Justice Laws has for considera-
ton number of issues concerning
Mr.. McLean's estate, including the
question of whether the guardian
at-law or the ancillary committee
should represent the former pub
Usher here. Today the jurist sus-
tanned petition to bar the appear
ance of George B. Fraser, WASH
ington attorney, who for many years
represented Mr.. Mclean, and at
the same time ne gave assurance
of rather prompt opinion" in the
other matters.
Opposed by Burkinshaw.
The motion to bar the appearance
of Attorney Fraser in the proceed
ings here was made by Neil Burk-
inshaw, attorney for Rear Admiral
Mark l.. Bristol, U. S. NJ, retired,
ancillary committee for Mr.. Nc
Lean. Mr.. Burkinshaw contended
Mr.. Fraser some year ago ceased to
represent the former publisher in a
legal capacity.
After hearing arguments, Justice
Laws said Mr.. Mclean has had all
the notice he is entitled to under
the law regarding the present and
previous legal proceedings in Dis
trict Court. Offered brief by At
torneys r. H. McNeill and William
E. Leahy, who appeared for Mr..
Fraser. Justice Laws observed that
Mr.. Fraser might be building up a
claim against the Mclean estate
and the jurist said he would not
consider the brief, as he doesn't
want to recognize Mr.. Fraser in
any way"
Later Mr. McNeill gave the brief
to Austin F. Garfield, guardian-at-
law for Mr.. Mclean, who said he
would hand it to the court.
Inetjpo ou,c holI fl,ot 1,,,,o ~,
would destroy any agency on the
part OF Mr.. Fraser to represent Mr..
Mclean. The jurist said the ques-
tion was not before him at this time
to find whether Mr.. Mclean was in
sane or sane, but declared he is in a
position now to rule on the former
publishers property rights.
Mr.. McNeill challenged the right
OF the guardian at law, who, he said,
was appointed in an illegal proceed
ing"
Justice Laws observed that Mr..
Mclean has had notice of Mr.. Can
fields appointment as guardian at
law by District Court here and he
has not repudiated it-that Mr..
Mclean has had opportunity to ap-
pear here and has not. The prime
question at this mornings hearing,
said pustice Laws, Is whether Mr..
Fraser has any legal right to pro-
ceed in this case.
Mr.. McNeill said the Ancillary
Committee-Admiral Bristol-has
not been any more legally appointed
than has the guardian at law. He
contended the answer, filed recently
by Mr.. Fraser, raises issues never
disposed of in this court" Once
employed as a lawyer, Mr.. Fraser
continues until he is released, de-
clared Mr.. McNeill, and this has
not been done. He observed that
Mr.. Mclean has not the mental
power to revoke the power of at
torney. Mr.. McNeill took exception
to Justice Laws sustaining the pc
tition of Admiral Bristol to strike
the answer filed by Mr.. Fraser.
Visit Directed by Court.
DR.. Overholser, in company with
Mr.. Garfield, went to Towson last
week at the instance of Justice
Laws and submitted a report.
Recltlng that, in company with
Mr.. Garfield, he had proceeded
to the Sheppard and Enoch Pratt
Hospital March i, DR.. Overholser
declared in his report that he had
inspected at some length the hospi-
tai record of Mr.. McLean's case
and that with Mr. Garfield he had
spent a full hour in conversation
with the former publisher. Mr.. Nc
Leans conduct has shown some i'm
provement, said the report, but
added "he has taken very little
interest in his surroundings or in
engaging in the various hospital
activities"
In his report, Mr.. Garfield as
serted: my opinion is that Mr..
Mclean is definitely and hopelessly
insane"
1T appears to me that his mental
condition is such that he has drawn
a curtain so as to completely close
of what was Edward B. Mclean and
ne now lives an existence that
makes him Indifferent as to who he
is or what he is. I am convinced
more than ever that both he and
his estate are in need of the pro-
lection of this court and urge that
the matters now pending be dis
posed Of as promptly as possible to
that end"
The examination of Mr.. Mel Lean