Los Angeles herald., 1892-12-08
{. GARN|ER'S BANDS OF SHEEP,
They Are Made the Cause Of a
Notable Suit at Law.
A Peculiar Case About a Life In
surance Policy.
Mr. Beaudry Wins His Suit Against T.
q. Nsramore-Notes of Gases in
Court Yesterday-Nsw
Suits Filed.

The trial was begun yesterday before
Judge Wade of the case of Eugene Gar
nier va. p. Mailles, administrator OF the
estate OF Leon GARNER, deceased, and
Camille GARNER, his brother. p.
Mailles himself died since the COM
mencement of the suit, and M. Polaski
was appointed in his place. Messrs.
Moye Wicks and Stanford represented
the plaintiff, Stephen M. White the ad-
ministrator, and Henry L. O'Melveny
Camille GARNER.
Eugene Garnier's person has become
familier one in the courts of Los An
geles county, he having figured in sev-
eral extraordinary suits, in which there
have always been documents upon which
the cases turned, and the validity OF
which was questioned.
This csss is no exception to the for
mer ones, and the court is called to pass
amongst other things on two documents
which are as strangely constructed as
any of the others in which GARNER has
been interested, being a strange tumble
of ridiculous legal phraseology and
cunning.
Eugene is suing his dead brother's 8
estate and Camille GARNER for $71 900,
which he alleges is due him as the re-
suit of partnership business in sheep.
Leon GARNER died July Is, 1891, and
Eugene was not long alter that in put
ting in claim to the administrator for
the amount mentioned, which was re-
jected; then followed the present suit
Eugene alleges that he entered into q
written agreement with his brother
Leon March 10, 1877, and produces the
agreement, closely written paper in a
small, cramped hand. By its provisions
he was to deliver band OF sheep to
Leon, numbering 1880, containing
1900 ewes. $50 rams and the remainder
lambs of both sexes. Leon agreed to
take charge OF the sheep and keep them
for breeding purposes, while he and the
plaintiff were to share alike in the re-
suits. By drought and poison the band
dwindled to $500 in the course of year
or two. and Eugene claims that he de-
manded settlement He valued the
sheep at $35 600. Then he alleges that
prior to April IL, 1873. he delivered to
Camille 1873 French Merino sheep which
were his absolutely, and Camille was to
have the shearing from them for taking
care of them. For these he asks judg.
ment for 100000.
As stated above Eugene enforces his
claim by the production of document
purporting to be the agreement between
Leon and himself, and the latter being
dead cannot, of course, testify as to the
genuineness OF the paper. There are
other documents in the case also, and
seated behind a huge pile Of books and
papers Eugene GARNER, with restless
movements and nervous gestures, yes
terday viewed the commencement OF
the trial with satisfaction. He was
not long still, however, and
became perfect nuisance by abruptly
breaking into the case with suggestions
and explanations. 1t finally became un.
bearable to the court, and after he had
yainly spoken to him several times the
Judge imposed fine of $40 for contempt
of court and placed him in charge OF the
bailiff.
The first witness was an old gentle.
man so years of age, Salisbury Haley.
who created some amusement by his
evidence as to expert testimony about
handwriting. He said he had examined
the documents in the case, and that he
was positive it was Leon Garniei's genu-
inc signature to the agreement. When
asked why he was so positive he said
he had been taught by professor
40 years ago the science of distinguish
ing handwriting and that it could be re-
duced to an exact science. Leon Gar
nier had peculiar characteristics in his
handwriting. No two people could
write alike, and his handwriting was
peculiar to himself and no one else.
When cross-examined by Mr.. White
Mr.. Haley said be could not remember
the name of the professor who first
taught him about handwriting. He
knew not where he came from or where
he went. The witness was positive
however, that the signature to the
agreement was that of Leon GARNER
although he did not think the body OF
the instrument was.
Eugene GARNER was called to the
stand and he was terror as witness
When he could finally be prevailed upon
to answer question directly he imme
diately started off upon wandering
statement of immaterial details.
Mr.. White, on the part OF the estate
objected to taking any statement iron
him on the ground that he was thu
party in interest and had presented
claim to the administrator. After lone
arguments it was decided to let hi
statement be taken, subject to his de
cision on the point raised.
The plaintiff said that he had part
nership with Leon between 1872 an'
1877, and that Leon could not pay him
and the agreements were made to al
range their matters. Afterwards Leo
and Camille were partners. He sai
the agreement was submitted by ma
at Fresno whose name he could not re
member. He claimed to have made
demand for his $35 900 in the spring {
1878, and after that Leon and Camill
agreed to carry out the original con
tract.
The plaintiff was still under direct eS
animation when court adjourned for tn
day. The trial will be resumed thi
morning.
rru DU IN q, n