The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-11-19
JESSUP'S CASE.
Argument Concluded in Judge
COffey's Court.

In Judge Coffey's court yesterday Attor-
ney w. II. l.. Barnes began his closing argu-
ment in favor of Richard Jessup, who claims
the $780, estate of the late Gershom
P. Jessup, on the assumption that he is the
son of the decedent, born out of wediock.
but legitimiZed according to the require
ments Of the code of California.
Mr.. Barnes opened by remarking that
Mr.. Delmas' exordium consisted of an
elaborate review of what all concede to be
the law OF the case. Where the facts are
not the same or are essentially stronger, he
said, the rule cannot apply. 1t is a harsh
rule, one that strikes the mind Of the dialec-
tician with horror. 1t is because the rule is
harsh that it has been modified and softened
in its asperities, and the courts have en-
deavored to avoid its cruel effect, and they
eagerly seize occasion to escape its evil oper-
alton. When the evidence is stronger, or
the facts do not reappear i'll the same cir
cumstances, the rule. has no application.
Mr., Barnes said it was his duty to
criticize portions of the decision of MI.
ton of the language, especially that
on page 42S OF the Slst California
Report, was remarkable. The facts, MI.
Barnes said, were to be considered IN the
application OF the law, and these facts were
such that the case was taken out of opera
Particular attention was called to the tes-
timony of Mrs. RansOme of Los Angeles,
who swore that Jessup, in her presence and
in presence of the boys mother, acknowl-
edged the child as his son, and promised
the mother that he would care for, educate
and provide for Richard. At that moment,
if never before, Mr.. Barnes said, Richard
became the legitimate son of GolSham 1.
Jessup as much as if he had been born in
lawful wedlock. Counsel on the other side
had objected that the acknowledgment had
not been sufficiently public. In response to
reputable persons who said he had acknowl-
edged the boy as his son in various ways,
and under divers circumstances.
What do they demand in the way OF pub
licity?" asked Mr.. Barnes. Would they
have man take n wagon and drive through
the streets Changing bell, like DIR. O'Don-
nell running for the MayOralty? No man
does that; no man Is expected to do tGat.
The law does not require it, An unfortunate
reference was made to the Sharon case:
Does any one pretend to say, If Miss Htll
had been so often acknowledged by Mr..
Sharon as Richard was by his father, that
the legality of their relation would have been
questioned for a moment? No. JeSsup did
everything that any man could be expected
to do in acknowledging his paternity"
Mr.. Barnes closed with a general review
of the points brought out by Mr.. Delmas.
He said he did not consider 1t necessary 10
present anything new of an affirmative char
acter, feeling that his clients case was al
ready sufficiently elucidated by the argu-
ment of his associate, Attorney III. l. ko-
walskv.
This concluded the argument, and Judge
Coffey ordered the case submitted. remark
ing that he would give it the consideration
which its Importance and the able manner
in which it had been argued demanded. The
attorneys are to be notified when decision
may be expected.