The morning call., 1894-07-17
HIS COMPETENCY.
:'~#
Franklin Moss Appears in
Court.
Surgeons Endeavoring to Keep TIE
. Spark of Life in Pacing
Billy.

.ONRLAND.-The investigation into the COM
POTENCY of Franklin Moss, the capitalist, ques-
ton OF which has been raised by the petition OF
lis s0n-in-law. Perry A. AuseOn. began before
-. J'+dge Greene yesterday afternoon.
: AuSeOn claims that Mr.. Moss is 10 incompe-
tentr:aud he asks TO be appointed guardian Of
lis person and estate. The filing OF Auseon's
Complaint on June 80 created sensation.
People who have known Mr.. Moss for the last
tWer&y years were amazed that any question of
Ills competency should be raised.
=: Nr:Moss, after few years OF wldowerhood,
about year ago was married second time. TO a
d" Miss Briggs Of East Oakland. With the advent
OF the new mistress mo the Moss home came
an lpsetting of the routine life and the estab-
"Ilshment OF new hand at the helm. Mr.. Au-
: On insists that MIR. Moss has been unduly in
;Quenced by tls second wife, 10 the extent, even,
OF fo0llshiy eXpending money aud making I'M
wise investments, all OF which, he declares, has
proven disastrous to Mr.. Moss interests.
When the case was called Yesterday Attorney
Heed OF the firm Of Reed & Nusbaumer ap-
peared Tor Mr. AuseOn, and WelIes " hIttemoTe
and eX-Judge Gibson for The defendant. Mrs.
Moss and another lady accompanied the old
gentleman.
=. MIR. Moss created somewhat of sensation by
warmly greeting MIR. AuseOniwheT he entered
the courtroom, jumping Up from his chair and
waving his hand wildly 10 him, and vOWiDg that
AuseQn was his best friend. He wanted 10 20
over and shake hands with the petitioner, but
tAat he often acts that way.
. when The case was opened Mr.. Whttemore
demanded a trial by jury. This request was
ebated at length and was finally refused.
The petition and answer was then read. Mr..
Reed made brief explanation, stating that the
petition had been filed In absolute good faith
and with tile kindliest OF intentions.
The first witness called was william l.. lay
llrr, a sOn-in-law of the defendant. He testified
To- having lived in Oakland thirty-four years
aud to have been acquainted with The defendant
since childhood.
When asked 10 state what he had seen In the
course Of the last year to make him doubt Mr..
Moss's competency he said: "Well, whenever
lie talked about family affairs he would begin
10 cry. One day he made purchases at my
STORE amounting TO So, and the following day
ne came IN aud offered 80 cents In full pay.
3. men. When l told him that it was not enough
&c sang me song, 'Pcayune Butler, When Are
you Coming HOme2 Three months ago ne
bought 10 cents worth OF nails, and the follow
ing DAY put $40 in my hand and said that was
10 pay Tor the nails"
.. William Moss, brother, living at Dutton s
; Eanding' testified TO Mr.. Moss selling cattle at
.leSs:!han their worth. Once The defendant had
: instructed him 10 dip. the sheep at the wrong
seaS6n.
,.iJohn Ravens paying.teller at the Union
.-.2sYlngs 6ank, testified 10 the strange behavior
. VI Inc GSIeuu nj upon a certain occasion when
1he had cone 10 The bank TO make a payment on
q: nOte ue!d Dy a man named Knox. Al that
tline MT Moss had demanded many witnesses
10 the transaction and had Wept cuuiously.
':Atthe conclusions Of Mr.. Ravens testimony
court adjourned, the case going over until
1920 O'clock this morning.
Another Strike On.
The strike fever is In the air In Oakland an
II has now reached the newsboys, who yester-
day concluded they had a grievance against the
Tribune, aud accordingly placed a boycott on
that paper.
The cause OF the boycott is that the Tri.
bGne would not give as many papers for dime
the boys thought they were entitled To-
They refuse 10 handle the paper and say they
will keep il up until their demands are complied
with.
Oakland a Sub-POrt.
a committee from the Board of Trade, con-
siSllng OF Edison Adams, V. ii. M tcaf and NJ
j. Keller recently waited on Assistant Secre-
larry OF the Treasury Hamlln, who Is now In