The morning call., 1893-08-03
CHRIS HAS LOST.
Judge Levy Denies His
Petition.
An Opinion Delivered Upon a Case
on Which a Number of Other
Suits Depended.

Judge Levy sat in his courtroom yester-
day and delivered one of the most impor-
tant decisions ever rendered in a court Of
justice-that resulting from the claim Of
Chris Ryer as heir to the estate Of Dr..
Washington NJ. Ryer.
The Judge appeared in court with a
voluminous roll of typewriter paper and
proceeded 10 reel out each sentence in a
deep sonorous tone that fully impressed
the nearer with the awful majesty of its
bearing. Judge Levy lost NO time in in
forming the unfortunate petitioner that
his case was bad.
IL find no contention" said the Judge,
that Chris Ryer was born in lawful we'd
lock. But apart from that the chief ques-
tion 10 be decided is whether the omi ssio n
of Chris name from the will was inten-
tional or not. The Supreme Court has
| often decided that parol evidence Is not
sufficient to show that testator intended
to leave the name Of an heir out of will.
1t must appear on the face of it,"
Judge Levy declared that in regard to
the paternity of the petitioner the statute
at the time of his birth said that every
| Legitimate child should be deemed an heir
of the person who had in writing, signed
| in the presence of competent witness,
| ackn owledged himself to be the father of
such child. This was not the fact IN this
| case. Under the decision of Pima VS..
Peck, 81 Cal. 359, this statute must be
| strictly construed as to tho ackn owledg-
ment being in writing.
THE feelings and passions of the human
heart" said the Judge. "are such that
| nature controls its actions. It canno. be
possible that father, whose wish and de-
sire was 10 place his illegitimate son on
the same footing as his legitimate, would
mt 20 hA
called his wife and tell his legitimate son.
Fletcher, that he had a brother. The
door of the decedent's home was always
closed 10 the alleged son. Besides, u
strange feature in this case lies In the fact
that the petitioner. Chris Ryer. never tes-
tined to the treatment he received from
his alleged father.
young surgeon. who arrived in California
in the early fifties. He was proud and
| even overbearing He selected as his as
sociates the most intelligent and respected
men in the State. Take one of the petit
toners witnesses-Max Magner. am
satisfied that he was only hanger-on
| around DR.. Ryer's Office. He was neither
an associate nor friend. Ryer never
made him nfdant. And the other wit
| ness, Charles Offer in my opinion, never
| saw DR.. Ryer in his life: and the story
which he relates Is as false as that told by
Manner.
I'm fact the supposed and pretended
will is not and never was in existence, and
all the testimony used in tho petitioners
cause is false. fraudulent and perjurous.
And cannot see how Chris RIVER, the petit
TONER, who Is now over 40 years Of age,
never attempted to enforce his claims as a
son prior to the death of his alleged father.
but now that the lips of DR.. Rycr are sealed
IN death he appears, not as son in mourn
| Ing and with "A broken heart to assist in
moistening with tears the grass on the
grave Of his deceased sire, but az the claim
ant Of half million dollars, which were
intended tor the deceased's legitimate
| heirs"
All this time Chris Ryer sat silent and
solemn. while he listened to the scathipg
words OF the Judge. Such an opinion has
not been delivered, perhaps, in MANY
years, and petitioners counsel. ATTORNEY
Campbell. had not a word to say when ali
was over. Judge Levy concluded his re-
marks in the following words:
while 1t 10 true that Legitimate chill.
dren are themselves innocent of wrong
and are for that reason entitled to the sym-
pathies OF mankind. it Is equally true that
courts ought not, by any extraordinary
liberality in the constituting of laws, 10 epa.
BILE want0ns In silk having children without
names to prey upon the estates of dead
men. however much they may have thrived
through the fears of the living ones. Jude-
ment will be entered for the respondents"