Los Angeles herald., 1891-11-21
He Appears as An Amateur
H Lawyer.
Defending a Foreclosure Suit
Against the College.
His Answer Contained Several SEN
sational Assertions.
notwithstanding Decided Setback He
Continues the Fight-Learning
What a Man Is who Is His 81
Own Lawyer.


DIR. John w. Ellis, the reverend
gentleman who has gained wide repu-
tation by reason of his recent trial by
the synod of his church for an alleged
misrepresentation of church funds, APP
peared in a new role in the superior
court yesterday. a,sss 9a,
AT the time of his residence here the
doctor was principal of an educational
institution known as Ellis college, 1t
appears that he raised the wind to carry
on the aforesaid institution by means OF
sundry promissory notes secured by
mortgages on the college property.
Wilmer Bros. & Co. held the securi-
ties and brought suit to foreclose the
mortgages, which aggregate about
$4,000. A second suit was brought
against the doctor by H. @. Wilmer to
quiet title to the college property, which
he claims is vested in him by virtue OF
sheriff's deeds, the, property having
been sold to plaintiff under judgments
he had secured against Ellis. I 80
From the papers in the caseit appears
that in November, 1886, DIR. Ellis COM
menced to mortgage the Ellis college
property. He first started out with a
$4,000 mortgage, which was ultimately
increased with an intervening payment
of $4,000, until the present claim ex-
lists against it. Besides these mort
cages held by the Wilmer company, DIR.
Ellis had a number of Judgments out
standing against him, which were liens
upon whatever equity of redemption he
had in the property after the satisfac-
tion OF the mortgage. H. G. Wilmer
purchased these judgments ON his own
account. tffA' n a " ljOD
When the case was called tor trial
Yesterday morning, Messrs. Chapman
and Dooner appeared as attorneys for
plaintiff. DIR. Ellis moved that he be
allowed to conduct his own case, and
the court consented. N
DR.. Ellis has grown familiar with
legal proceeding to certain extent
through his experiences with the synod
before which he was tried. He had a
long-winded paper prepared which he
proceeded to read to the court after the
attorneys for the plaintiff had read the
complaint. 81
The document was sort of an answer
to the allegations of the plaintiff. He
alleged in this that had been induced
by Messrs. Wilmer to borrow this money
by representations that there would be
a cable railway operated past his col
lege by them, and that they would
make valuable improvements surround
ing his grounds, which would so mate
rally heighten the value OF his property
that he would have no trouble in raising
money to pay off this mortgage. \
He further averred that the winners
had prevented him from negotiating
loans and making sale of the property
whereby he would be able to pay off
this mortgage, by representing to such
persons that the property was not worth
what it was mortgaged for. H -
: The doctor also AYERS that H. @. Wit
mer was mental nervous wreck at the
time he purchased the judgments, and
that he was not then nor now RESPONSE
bic for his acts and was not person OF
sufficient capacity to testify in this case,
He wanted the claim OF Mr.. Wilmer de-
clared void on that ground.
Judge Chapman knocked the doctors
carefully prepared answer out in one
round by moving to strike out all refer
ence to representations of the winners,
and also the statement that he thought
Mr.. Wilmer insane at the time he made
the purchase. Counsel declared this
statement scahdalous and scurrilous and
as being an expression of indignation
and wrath OF the defendant. Judge
Chapman said it made no difference
whether the representations alleged to
have been made by the winners were
made or not, it could not interfere with
the foreclosure. The defendant, he
said has had two years in which to re-
deem the property, and can redeem it
now if he desires. % isqg III gifa ~
The court ruled that the statements
made must be stricken out and the rev.
erend gentleman's answer was thereby
totally wrecked. The Judge excused the
doctor because, he said, the rules of
plesding could not be mastered at the
first attempt. ~ .'slf'dt 4isfft al
Nothing daunted by this setback, the
doctor waded into the case with energy
aud spirit, and will contest it to- the
end. The hearing will be resumed this
lgFh odt p # .isb
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