The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-05-03
is HE HIS SON :?
Chris Ryer's Side Of the
Case Closed.
-:
NINE POINTS FOR A NoNsUIT.
Old Residents of Stockton Who Knew
DR.. .Ryer Well, but Never Heard =
of His Son Chris.
NINE POINTS FOR A NoNsUT.

Chris Ryer's case as claimant of portion
of the late DR.. Washington NJ. Ryer's estate
was closed yesterday morning in Judge
Levy's court, and the defendants case
opened.
Henry j. Lowry was the first witness of
the days proceedings Lowry testified that
he was an iron-worker. employed in, San
Francisco. and thathe had formerly worked
on farms in San Joaquin County. -, =
The witness swOre positively to the ex-
istence Of son. He said that about the.
year 1862 Ire was working on a ranch owned
by DR.. Ryer, but leased to MIR. Barber. One
day. DR.. Ryer had come to the ranch accom-.
panied by a boy. On. Mr.. Barber asking
him if the boy was lis son. DR.. Ryer re-
Piled Yes; this is my son Chris"
hi cross-examinatioD, Lowry proved to
have been somewhat of a wanderer, as he
had not settled down in any one spot, but
had gone from place to place III search OF
employment after leaving BARRIERS. and had
occasionally lGafed.:
WHAT did you do with your time when
You were not working?" asked Attorney.
HAYES. -
81 played poker" =.
On being asked to explain If he had lived.
by playing poker, tie witness replied: mo;
earned what money l could and then lost
1t playing poker" -:
+ t.Whe did you first see DR.. RyerH,
II think 1t was about the year 1867
Witness went on to say that he had seen
him often on the streets of Stockton, but
had never spoken to him.
What else was said between DR.. Ryer
and Bar Der p"
: :"0h, they talked of several things 80
How old was the boy at that time ?"
'.AbOutS years old"
ibid you mention this conversation to
any one before DR., Ryer's death ?"
II think not -
Witness admitted having mentioned the
matter to Attorney Pillsbury, but said that
he did not know that he was lawyer en-
gagged in the case.
This closed the case for the contestant
and eX-Judge Spencer OF San Jose, on be-
half OF the executors of the viii and lawful
heirs OF the deceased, moved for a-nOnsuit
GA nine grounds. First, that the face of
the Will showed what disposition DR.. Ryer
desired to make Of his estate, and that it
IN tentlonally excluded Christopher B. Ryer
from any benefit 10 be derived theTefrOm.
Second, that the said will purposely omitted
TO make any provision whatever for Chris
topher Eyer, the contestant. Third, that
In his petition for a partial distribution
Christopher Ryer alleges that ne is the son of
DR.. .Ryer. born in lawful wedlock, and thatno
evidence showing such to be the case had
been, introduced showing that he was SO
born. Fonrth, that thera was no evidence
to show that Christopher Ryer had ever been
iCNCifEu lulO lut ldIDllY OF IT. Ryef as
member thereof, or IN any other way recOg-
nized. Fifth, that there had been no evil
uence introduced 10 prove that the petitioner
was legitimate child of Dr. Ryer. Sixth,
that there had been no evidence to prove
that the petitioner was an iIlpgitimate son
of DR.. Ryer. Seventh, that there was no
evidence that Washington NJ. Ryer had in
writing acknowledged that he was the
father OF the petitioner. Eighth, that there
was no evidence that DIR. Ryer had ever
N nh
Lastly, that there was no evidence that any
such writing had ever been executed and
signed 10 tile presence of comretent wit
nesses. And therefore that upon these nine
reasons the executors were entitled TO a
10nsuit.
But Judge Levy was not of the same
opinion, for he denied the motion. So
the attorneys for the defense proceeded
with the examination of their witnesses.
A j. Gunnison, attorEey-ai-law, testified
TO having known DR.. Ryer since 1860. aud
being Intimately acquainted with his fam
lily. He had only heard DR.. Ryer speak of
one son, whom he called Fletcher.
Then row arose in court when the wit
ness was called upon to identify DR.. 'Ryer's
handwriting. A letter supposed to have
been written by the deceased testator was
produced, whereupon the attorneys for the
other side raised torrent of objections
All the lawyers took a hand n general
squabble, which was settled by Judge Levy
permitting the letter to be Identified.
After the recess other old residents of
Stockton were examined. John I. Porter,
John Z. RuggleS, Jean Magendie, w. T.
Levasly. Charles ID. Gibbs and Morgan
Crawford all swOre to having been in
timately acquainted with DR.. Ryer, and to
his not having mentioned the existence of
any child prior to his marriage with Miss
Fletcher in 1860. The name of the Spanish
woman, Dnnua Lola. was repeatedly
brought up. but nothing was extracted 10
show any connection between her and DR..
Ryer. 1t was during lengthy cross-exam-
iDation of the last witness that the court
o,tiC