The herald., 1894-10-24
The Records of Three Courts
Declare Then Untrue.
ALI Of His Acts Upheld by the Court
Records.
He Did Not Take Advantage of a Girl OF
Unsound Mind and Neither Did
He Chcat tho Estate of
His Wards.


serious nature was also made, and the
story added that Mr.. Budd had, after
the death Of Nancy Nef, cosrced her
father and mother into compromising q
prospective suit to set aside the WILL
Unhappily for the political opponents
OF Mr.. Budd, who circulated the story,
the charges were sifted in the circuit
court of Multnomah county, Ore., the
home Of Nancy Neff's parents, and alao
in the supreme court OF Oregon, both of
which tribunals declared all the chsrges
baseless, completely exonerated Mr..
Budd and decided the suit in his favor.
The suit was brought by Nancy Neff's
parents to set aside the papers eigned at
the time OF the compromise with Mr..
Budd, on the ground that he used fear,
compulsion and coercion to compel
them to sign them, and also that Nancy
Neff was not OF sound and disposing
mind at the time she executed her will
in M Budd's favor. The fndings of
the Oregon court are dated March 5,
1885. A certified copy of the findings
was in the possession of Arthur Rodg-
ers. the attorney and friend of Mr..
Budd. Mr.. Rodgers yesterday sent the
findings to the Examiner, accompanied
by the following letter:
HIS ATTORNEY AND FRIEND.
To THE EDITOR OF THE ExAMINER:-
Sir R:-Having been informed that the
Republican state central committee
during the past week has been indus
triously distributing circular charging
James Fl. Budd with dishonorable con-
duct in connection with case in Ore
gon, and having just read the complaint
and amended complaint in the Oregon
case, published in an evening paper,
containing the same charges, l deem it
my duty, in the absence oi Mr.. Budd
from the city, who is my friend, to take
public notice OF these accusations.
am familiar with this litigation in
Oregon. And, in view of the facts, am
aetonished and indignant that any of
my fellow citizens, even in the heat of
partisanship, should upon such found
alton endeavor to traduce q gentleman
of Mr.. Budd's character and standing in
the community where he has spent most
OF his life.
That litigation resulted in the COM
plete exoneration OF Mr.. Budd from
every charge which is now published
against him in connection with it.
say am familiar with that litigation,
and throughout it. unjust and exasper.
ating as it was, Mr.. Budd bore himself
with patience and dignity. There was
nothing in this whole litigation which
hurt Mr.. Budd's character. He acted
as O man of honor. The trial court and
the supreme court OF Oregon 80 found Ia
their findings of fact and on their iudg-
ment.
/ inclose to the Examiner certified
copy OF the judgments of these courts,
and also the tindings of fact contained In
the report of the referee who took the
testimony, which report was adopted by
the courts. These documents cover the
whole case, and the issues are 30 simple
that 1t is unnecessary for me to add
further explanation of the litigation.
Ills to be remembered that the trans
actions involved in that litigation, 90 far
ss they concern Mr.. Budd. 60 back to
1874 and terminate In 1878; that the
Oregon suit was commenced in 1883,
and that the final judgment of the Ore.
gon supreme court in Mr.. Budd's favor
was rendered in 1886. The record has
been open all these years. Mr.. Budd.
before he became a candidate for gov
ernor, WAS not without the enemies that
every positive man must make, vet it
has remained for political opponents to
do what private enmity shrank from in
shame. The open record is the answer
to these campaign slsnders, for the rec
ord gives them full denial and Mr.. Budd
his vindication.
ARTHUR RODGERS.
San Francisco, Oct. 20, 1894.
THE COURT FINDINGS,
In that portion OF the findings that
refers to the charge OF fear. compulsion
and coercion having been used to inhu-
ence the parents of Nancy Neff, the ref
cree stated, and his opinion was con-
frmed by both the circuit and supreme
courts:
That said deed of March 20, 1873, oon-
firmatory OF said deed OF March 18, 1873,
from said defendants. Marcus Neff and
Margaret I. Netf. to said Mary A. Neff,
George Neff, and to said defendant,
James ID. Budd, was executed By the
said defendants Marcus Neff and Mar
garet j. Nef in the Office of Messrs.
Whalley q Feibheimer, in the presence
OF said Whalley, Henry Ach and Charles
+. Hyde. freely and voluntarily. without
fear, compulsion or coercion exercised
by the said James H. Budd, Mary A.
Neff or George Neff, and that
the allegation in said defendants' MAR
Gus and Margaret j. Netf) last amended
answer, charging said Mary A. NeG,
George Nef and defendant James H.
Budd with fraudulently inducing and
coercing them, said defendants, Marcus
and Margaret j. Nef, into executing
said deed or either Of said last named
deeds, is not true.
Charges against Mr.. Budd and others
OF conspiracy against the Neffs were de-
nounced as untrue in the findings. as
was also the charge that Mr.. Budd had
abused his position as guardian of Nancy
and George Neff. The findings stated
that Mr.. Budd had settled all claims in
the guardianship matter, and had
turned their estate over to Nancy and
George Nef upon their coming OF age
with the full approval OF the probate
court.
Regarding the charge that Mr.. Budd
took advantage of Nancy Neff while ehe
was of upsound mind, the findings have
this to say:
That on the 18th day of February.
1877. the said Fancy Neff made. pub.
liehed and declared her last will and
testament at the smallpox hospital in
the city and county OF San Francisco.
state OF California, by which said last
Will and testament she bequeathed and
devised all of her property to the said
defendant. James H. Budd, and there.
after on the 9th day OF March, A. b.
1877. said last will and testament If
NJ Mn 4