The morning call., 1893-05-10
WHERE CAN 1T BE?
No One Knows the Fate
of Jessup's Money.
KOWALSKY APPEARS ATLAST
Several Attorneys Are Examined by
Judge Slack as TO the Later Pro-
ceedings in Jsssup Case.

t0rueyS lees ana other expenses OF lltIga-
ton had been paid, seems well nigh mex
plicable. Judge Slack tried his hand yes
terday at the now celebrated puzzle and
failed lamentably.
The question as to how far the Superior
Court may be disposed to further inyesti-
gate the disappearance Of the property and
how far the court has power to so inYest-
gate the matter. now that the litigation is
at an end and the estate has passed ont of
the custody of the court, is an exceedingly
difficult one to answer.
The result of Yesterdays proceedings
may be briefly expressed as indicating
that large amount Of property passed
into the hands of the Mah0neys and is now
held in their name.
kowalsky wiuked the other eve and
said that while very little may be actually
In the possession of the heir nevertheless
he thinks that young Jessup has at least
$4,000 pretty close to his belt" as
kOwalsky put it, and this opens up long
vista of probable suits to set aside deeds to
the Mahoneys as made to defraud cred
itors.
The $1,000 note of Mrs. Hatton and the
numerous other claims against the unfor-
tunate young man will now no doubt be
pushed with great Vigor, and the litiga-
ton may be endless.
BY Judge olaek's order tine matter of the
investigation has been referred back TO
Judge Coffey TO take such further action
as he deems proper.
The proceeding held yesterday before
Judge Slack was hearing upon an order
citing all parties connected with the dis
tribution OF the estate under the decree
Of the court to appear and show cause why
the said decree should not be set aside
on the ground of misrepresentation made
To the court, as result of which ii signed
the decree.
q far vvn to ba
tention Of Judge Coffey by the filing OF
petition by Alfred Clarke, the attorney. in
which he asserted thar he had claim
against the estate for money loaned, and
that the petition of the administrator ask
ing that the estate be distributed misrep-
resented the condition OF the estate. mas
much as no reference was made TO Clarke'S
unpaid claim.
Tie proceedings in connection with the
signing of the decree having taken place
before Judge Slack, who was temporarily
sitting in Judge Coffey's court during the
latteI's vacation. Judge Coffey referred
the petition 10 Judge Slack for inves tlGa-
tiOn.
After several adjournments, necessitated
latterv by the absence in Los Angeles of
Il. l. kowalsky, the case was finally called
yesterday morning a 10 O'Clock. knwalsky
was not present, but wired that the train
had been delayed, and that he wonld be in
court at 10:45 In the meantime Judge
CldGh NutSl4OAeu SEVERAL Ol tue OkIlcE
parties
The petitioner, Alfred Clarke was first
called to the stand. In answer 10 a ques-
ton of the court as to the nature of his
unpaid claim against the estate, he said
that he had loaned money to Morris Baum,
who was formerly employed on the case.
Baum gave him tClaIke) his note for 5000,
which he secured by an assignment of his
CBaum's) interest in the .Jessup case.
"koWalsky settled with me-" he said,
"by giving me certain papers, the nature OF
which IS a confidential matter. l have
never been able to realize anything upon
1t. however"
But you accepted that paper in payment
of your ciaim?"
Yes, sir; but it mas never been paid"
well, your claim is purely personal
| matter and has nothing TO do with the
| estate said the court.
| In answer 10 questions or John II. Dick
! inson, Clarke also admitted that Baum had
| not been an attorney OF record in the case
| and could not claim any fee from tie es-
| tale. His assignment of his interest, there
! fore, could not have been lien upon the
| estate. even if he had not accepted KOwal-
| sky's paper in payment OF the claim.
| Judge Slack was not satisfied with
! Clarke's failure to prove his right to have
| the decree OF distribution set aside. he
had still another possible cause OF action
! against the distributors.
Judge C0ffey had informed Judge Slack
| that when the matter OF the appOintm
| OF guardian for young Jessup had been
| su omitted 10 him for the second time he
! had refused to declare the young man In
| competent but had informed the attorneys
| that when the estate came to be distrlb-
| uted he would then appoint guardian to
| protect the property interests of the boy ::
| and Judge Slack was bent upon ascer-
| tainug whether the parties had come to
| him IN Judge Coffey's absence, simply be-
| cause they knew him to be in ignorance Of
| Judge Cohey's kindly intentions
So j. II. Dickinson, attorney for the
| proponents Of the Will of the father of
young Jessup. was called to the stand and
| interrOgated by the court. Mr.. Dickinson
denied ever having heard Judge CofIey
| make any such statement Ia reference to
the appointment Of guardian IN the dis
| tribution.
He briefly reviewed the several pro.
ceedngs which had from time to time
! been Instituted for tile appointment OF II
guardian, the first being in March, 1887
the application being denied and the con-
test Of the will Immediately commenced
| The boy was OF age as early as in Febru-
arv. 1887.
|" Being interr0gated concerning the
| agreement of compromise between the
| heir and his clients, he stated that the
| settlement was cOnsummated in his own
Office and that young Jessup was reprs-
sented by J. n. E. Wilson and j. H. Ma
| honey. The latter, young Jessup had told
the witness. was looking after his inter-
ests, and he said lie trusted him implicitly.
AS to the appointment of Senator
| Byrne5. Attorney Dickinson said that the
Senator had been given complete charge
OF the distribution, so as to simplify the
matter. With the consent of all parties
Byrnes had been gyon the entire property,
which he then sold and distributed the pro-
ceeds in conformity with the terms OF the
settlement.
The property Of the estate was found to
be worth between S135000 and $40. coo,
out of which DickinsOn's clients received
S50.0l0, the remainder going to the heir,
subject to his 40-per-cent agreement with
Kowalsky.
AS TO Jessup's private arrangements
with the attorneys or other parties as
creditors the witness knew nothing.
Colonel Kowalsky turned up few min
utes past II o'clock. He made his apolo-
| gies to the court who accepted them with
the cheerful comment that the court and
counsel had been vexatiously delayed and
| Inconvenience by the wait. walsky
Then took the stand and was examined by
Judge Slack.
Mr.. Kowalsky said:
Judge Coffey never told me he intended
to appoint guardian to look after the
| boys Interests pending the distribution"
| nor did he ever hear of his having said SO
to any one else.
why was the decree presented to me
| IN the dDSenCe Vi Juueo tOUey : ASKED
Judge Slack.
Because Mr.. Jarboe, who was examin-
ing the title to the property. required it.
1t was in connection with the sale of the
| Thiri-street property to William T. Cole
| man. JarbOe said that unless the decree
of final distribution was made be would
not pass the title. There had been much
delay already and we desired to push the
matter. 1t was accordingly determined to
have the decree signed. / did not advise
it myself.
Il believe Mr.. Dickinson and myself
wanted to put the decree in escrow, but
Mr.. Jarboe Insisted that 1t should be
signed at that time"
"Why didn't you wait until Judge
Coffey returned"
because they wanted it done then, and
did not consider myself in charge OF the
matter, and so did not care to interfere.
1t " as merely question Of settling up the
title to the property"