Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-09-27
ZEhsESKY'S PLANT.
HOW HIS BID WAS RAISED ON THE
WASHBURN PROPERTY.
Bart Cavanaugh Not a "Boodler"-The
Court Decides Against Zemansky
-Washburn Exonerated.

Several days ago n. Zemansky, through
his attorney, Isaac Joseph, filed notice in
the Superior Court that he intended to pro-
test against the order of the Court confirm
ing the sale of house and lot at Sixth
and l streets to Zemansky from the Wash
burn estate for So, ZOO.
The matter came up for hearing in Su
perior Judge Van Fleets Court yesterday.
Zsmansky took the witness stand and
testified that when the property was auc-
toned he bought it for $1,000 When the
matter came up in Court subsequently, on
the confirmation of the sale, young Bart
Cavanaugh appeared and bid S, 800 for the
property, and he (the witness) was COM
PEELED to bid $500 before Cavanaugh
would desist. Zemansky went on to say
that he believed Cavanaugh had no bona
fide intention of purchasing the property,
and only appeared in the interest of the adj
ministrator of the estate 10 compel Zeman-
sky to pay higher price for the property
than was bid at the auction sale He also
stated that prior to the matter coming up
in Court Cavanaugh had ON several occa-
sions demanded $500 of witness, threaten
ing that if it were not paid he would bid
against him in Court. Witness said he re-
fused to accede to this demand, and Cava-
naugh kept his word At another time
(also prior to the Court proceedings) Cava-
naugh told him that he would get 500
from the Washburn estate for raising his
(Zemanskys) bid.
KNEW WHAT HE WAS DOING.
Grove L. Johnson, attorney for W. W.
Washburn, the administrator, cross-exam-
ined Zsmansky, and brought out an admis-
sion from the latter that he was perfectly
sober on the day Cavanaugh bid against
him, and knew perfectly well what be was
doing also that he considered the prop
erty worth So, 700, because D. J. Simmons
had told him he could sell it for HIM for
$4,000.
In answer to a question propounded by
Cavanaugh, Zemansky denied that Cava.
naugh had offered him first 500, then $3.50
and finally $3.50 not to bid against him for
the property.
The witness further stated in response to
questions from the Court. that he had dealt
considerably in real estate. Although he
did not consider himself a regular dealer
in real estate, he never let chance to make
money III the DUSlO6SS go Dy.
Isadore Cohen was called to the witness
stand. He testified that couple of weeks
ago he heard Zemansky and Cavanaugh
talking in his place of business, but be did
not know what the conversation was about
He heard Cavanaugh say he could make
800 anyway" and he seemed to be trying
to persuade Zemansky to pay him 5000 for
something.
Cavanaugh thea took the stand and de-
MED everything that Zemansky had tes-
titled to. Instead of me wanting 5000 to
keep out" he said 'it was the other wav
1 offered Zemansky money not to bid
against me. 1t was on the day that the
confirmation matter came up in Court.
called Zemansky and his attorney, Mr..
Joseph, outside the room, and offered first
500, then $3.50, and then $3.50 if he would
not bid against me. He seemed willing
but wanted cash, without giving me any
thing in writing to show for it. | wanted
it understood that if anybody else stepped
in and bid me down, l was to get my
money back from Zemansky, but he would
not agree to that, and the negotiations
ceased After he outbid me in Court he
seemed very happy over it, and told me
that was no blood, and that be made me
quit
NOT A BooDLER
Cavanaugh said he didn't remember ever
having told Lawyer Joseph that he only
wanted to get some money out of Ze-
mansky.
do you remember. asked Mr.. Joseph,
when | met you on Third and J streets
and told you l was afraid you were
boodler, and that you replied that there
was no afraid about it-that you were a
boodler?"
Don't think remember anything like
that, replied the witness. Heidi remem.
Der. though that Joseph had stated that he
didn't care how Zemansky's case came out,
so long as he got his fee.
This occasioDed quite laugh among the
other attorneys present at Mr.. Joseph's ex-
pense, embarrassing him considerably.
At this juncture Judge Van Fleet said
that even if all Zemapskys accusations ard
beliefs were true regarding Cavanaugh's
overtures for money, it would have no eff
feet in this particular matter now before
the Court. What the Court had to deal
with now was whether or not the admins
traitor of the estate had done anything out
of the way.
Attorney johnson wanted to put his
client, Mr.. Washburn, on the stand to vim
dictate himself, but the Court said it was
unnecessary, as be was satisfied that Mr.
Washburn had no connection wlth the
matter
Mr.. johnson insisted, however. He said
he considered it mean piece of business
on Zemansky's part to file such paper or
protest rejecting upon Mr.. Washburn's
integrity. The matter had been published
in the newspapers, he said, and had injured
his client. MIR. Wsshburn was a man of
standing and should be given an oppor-
tupity to set himself right
Judge Van Fleet then allowed Mr.. Wash
burn to take the stand. He denied pos
lively that he had any connection what
ever with the transaction, and that he had
any understanding with Cavanaugh, or
had offered him any indictment to raise
Zemanskys bid.
This ended the te testimony, and the Court
promptly denied Zemansky's petition.