The record-union., 1894-10-15
INNOCENT OF ANY WRONGFUL ACT.
Result of Judge Buckles inquiry in
the Ryan Matter.
Ryan Did Nothing wrong-The Action
Was Perhaps Chiefly Prompted by
Revenge, Says the Judge.

presided in the Superior Court here last
week and heard the matter of the charges
brought against District Attorney Ryan
by C. L. White for Ryan's disbarment,
has rendered his decision. He exonera-
tes Ryan from any Intentional wrong,
and says sit is hard to get away from the
proposition that White instituted the
proceeding out of revenge against Ryan
for having beaten his brother (for the
nomination for District Attorney than
otherwise"
The accusation charged Ryan with
having wrongfully appropriated S574 70
and $50 Of his clients Miss Kane) money,
and that he imposed upon and deceived
the court in presenting to the court GER
tain affidavits which appeared to be
sworn to by his client III Sacramento,
when in fact they were signed by her in
San Francisco, and sworn to there, if at
all.
In his decision Judge Buckles starts
out by quoting the law in regard to the
disbarment Of attorneys, showing on
what grounds they may be prohibited
from practicing before the courts. lie
also cites numerous cases OF that kind
which the courts have been called upon
to determine. Coming down to the facts
in the Ryan case, Judge Buckles says:
ORIGIN OF THE CASE.
Thomas Armstrong, a resident of Sacra-
mento, died intestate in 1889, leaving an eS-
tate worth about $4,000, and as his next of
kin and heirs at law two nieces, one Alice
>. Armstrong, then resident of Boston,
State of Massachusetts, and Annie Kane,
resident of San Francisco. Annie de-
sired to act as administrators of the estate.
The Public Administrator had taken
charge; there was contest, during the
pendency of which Annie was appointed
special administrative. She employed
the accused to represent her interests in
the contest, and as her attorney in the
special administration, and retained him
when the contest was decided in her
favor as her attorney in the settlement
OF the estate.
The contest being decided in her favor,
she was appointed administrators. She
was lady in poor health, did not want
TO come to Sacramento, and was un-
acquainted with business 1t appears
from the evidence that Ryan advanced
all the money necessary TO pay the eX-
penses of Court hunted up witnesses for
the contest, found the bondsmen for her,
did all the work i'll the estate looked after
the property, performing all the duties of
the administratriX-this was all at the
request of the administrators, who did
nothing whatever toward the business of
Oh LLl0 dLdlTS Ol Lll6 eSlalO except
to sign SUCH papers as were necessary.
AT the final settlement of the estate $50
was allowed in the account for masses for
the repose Of Thomas Armstrong; soul,
and 1914 73 for administrators commits
sions. These sums were received by the
accused; the $50 to be paid to Father Grace
for the purpose above stated, but was
never paid to Father Grace.
Annie says in her deposition that at the
time she was IN Sacramento, which was
during the time covered by the contest
and granting letters to her, and when she
employed Ryan, something was said
about commissions, but she does not re-
member what; was very sick and did not
understand, but replied to Ryan's talk
about commissions that it was all right;
that she was present at the final settle
ment of account, and that Ryan again
said something about commissions when
he read the final account over to her, but
she claims not TO have then fully under
stood what it meant.
DISPUTE OVER A DIVISION.
The first she seems to have taken any
interest in what compensation she should
have had, according TO her statement, was
when Alice brought her copy OF the
final account and accused her of having
received more money out of the estate
than she did. Thereupon, for some
reason not fully explained, Annie was
missions allowed to Alice, who came to
Sacramento, called on Father Grace and
learned that he had not received the $50.
She then called upon Mr.. White and en-
gagged him to collect the moneyfron Ryan.
On February 10, lS93 she and Mr.. White
called upon Ryan and demanded that he
pay TO her the commissions and the $50.
White testified that Ryan said he had no
contract with Annie, but as he did all the
work, furnished bonds and advanced all
the money, he was TO have the commits
sions. She says Ryan admitted having
received the $50, but says he made no eX-
cuse for not having paid 1t over to Father
Grace, and offered TO go then and pay IL.
Ryan also claimed that he did not
know how he and Annie stood. and he
would have to look over his books and
vouchers to see. White says there was
no claim made by Ryan at this first meet
ing that he was to have the commissions,
but Miss Alice says there was. In an
swer to the question, "What did Mr..
Ryan first say when the order was pre-
sented to him ?'' she says:
He said il was understood that he was
to have The commissions. She could not
remember what either said at the time
but it was understood he was to have the
commissions; that he would look over
his accounts and he would write TO Miss
Kane"
And to another question she said: HE
said that he was entitled to the commits
sions because he did all the work"
White and Alice then left Ryan's office.
On February 10Th Ryan called upon
White and presented three vouchers for
money he had advanced for the estate,
and which had not been included in the
final account, which vouchers amounted
to S7l. Ryan asked that they be allowed
as an offset, and thought that he should
have 500 for his services as attorney in
the special administration proceedings
and contest, and offered to pay over
to White the balance. White thought
this fair, but could not accept it
without seeing his client. On March
22d White and Alice called again upou
MIR. Ryan, which was after she had been
informed of Ryan's offer to pay S453, and
he then offered her $780, which she re-
fused.
On the next day White called again
and informed Ryan that he must pay the
full amount, including interest, but de-
ducting the $71. Ryan then drew his
check for the amount and gave it to
White. White says that when he first
presented Ryan with the order to pay he
changed color, his hands shook, and he
commenced to explain. This dramatic
part Ryan denies in toto. When White
was asked why ne had not instituted these
proceedings soon after March %, 1893,
when he was IN possession of all the
facts, he simply stated that it was a ne
glect of duty. But it developed in the
course of the trial that Whites brother
Lincoln was candidate for the nomina-
ton for District Attorney before the Re-
publican primary, and these charges
were filed soon after the convention at
which Ryan was successful, receiving
the nomination for District Attorney. 1t
is hard to get away from the proposition
4bat White inStituted these DroceedinpS