The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-09-20
MUST BE HEARD.
The Determination of Mrs.
Yarde-BulIer
TO AIR FAMILY MATTERS.
The Inter-County Road Matter
Still Unsettled.
NELSON DECLINES TO RUN.
William jackson Is Convicted of the
Charge of Criminal
Assault.

OAKLAND. - Mrs. Leilah Kirkham
1arde-Buller, daughter of the late Gen.
eral Kirkham. who left an estate of nearly
100000 to his wife in trust for his three
daughters. yesterday filed petition in the
Superior Court of Alameda County. ask
ing that a guardian be appointed for her
mother. Kate Edith Kirkham, who, she al
leges, is an incompetent person.
The petition Of Gustav l.. Mix, Mrs.
hirkham's brother, was to the same pur-
port, but was dismissed, the family not
wishing to bring the family troubles into
the courts, and more particularly was the
matter dropped because it was learned
that Mrs. de-Buller was anxious to
make the family affairs public.
Now the latter picks up the thread
where Mr.. Mix drops it, and in her petit
ton makes some sensational charges.
She says that her mother is upward of
65 years OF age and that she is suffering
from stroke of paralysis and is otherwise
irail physi ally.
The peti Toner states that the mother is
residing with her daughter, Kate Virginia
Wheeler, in the family mansion In Oak
land ; that said Kate Wheeler, 'your petit
toner is Informed and believes, is taking
advantage OF her (the mOther's) physical
and mental powers and has by threats.
menace and undue influence obtained
complete control over the person and prop
erty of said Kate Edith Kirkham, and who
with her husband. DR.. p. l.. Wheeler, is
now and has been for the past fourteen
months using, spending aud living upon
the greater part of the income of said es-
tate, which youIIpetitioner is informed and
believes amounts to more than $4,000
per month, and that the said Kate
Edith kirkham. being neither physically
nor mentally competent 10 act for herself,
has, acting under the influence of the said
Kate Virginia Wheeler and DR.. ?. l..
Wheeler, her husband. been induced and
coerced into afixing her mark. which is
witnessed by one Emma l.. Blake, 10
monthly receipts purportingtO be for $1,000
per month, and which are now on file In
this court, which sums, your petitioner is
Informed and beIieves, were never paid to
said Kate Edith kirkham, but have been
almost entirely used by said Kate Virginia
and DR.. p. l.. Wheeler"
The petition further states that Mrs.
I arde-Buller believes that the sister, Mrs.
Wheeler, exercises constant watch over
the mother, and much of the time keeps
her undrr restraint. confined in the family
homestead. land has, in the presence of
your petitioner and the household servants
ana others, used harsh and unkind words
to her (the muther). locked her in her room
and even laid violent hands upon her.
THAT the said Kate Edith Kirkham,
owing to her weakened condition, has been
unable to prevent or avert this inhuman
treatment, and as a result is daily be-
coming mOr6 incompetent 10 manage her
affairs"
The petition SAYS further: THAT one
George Wright, acting as the attorney for
Mrs. Kirkham, but who is really employed
by said Kate Virginia Wheeler, has been
drawing the sum OF $1,000 per month for
rfnnr k. II.
sum, your petitioner AYERS, is largely In eX-
cess OF the value OF the services rendered,
being one-fifth the entire Income OF the
said estate, and which your petitioner be-
lieves the said Kate Edith kirkham would
never have consented 10 were she compe-
tent to handle her own affairs"
In conclusion Mrs. Yarde- Butler asks
that Sampson IamS of San Francisco be
appointed guardian of the person aud es-
tate Of her mother. Pending the hearing
of the petition it is asked that Kate Vir-
ginia Wheeler. DR.. Wheeler, George
Wright and Kirkham Wright be restrained
from mortgagng, alternating. transferring,
dispOsing Of, interfering with or in any
way Numbering the property or income
thereof
Over the Contra Costa Hills.
The Board of Supervisors formally con-
sdered the report OF the joint committee
from Contra Costa and Alameda counties
on the inter-county road yesterday morn
ing. but the only action which was taken
was the passage OF a resolution directing
County Surveyor Nusbaumer to conduct
survey along the proposed routes as
recommended by the committee.
The road recommended NAV be de-
scribed as resembling the letter Y. One
arm is road over the summit to the
ThOrne grade, and following along that
weli-known road to Lafayette, distance
of 15h miles from the City Hall. This
road will accommodate different parts of
Alameda County and the city of Oakland
The other arm is III miles long, and would
follow the present Kennedy grade from
Claremont TO the mouth OF the projected
Kennedy tunnel and thence to the summit.
joining the other road at that point. The
roads will exceed 3 per cent Of grade at no
point, but in many places will be less. and
they are open to the sun and pass through
a good country, which will increase in
value and taxation. The cost of either
line will not exceed S15.00G and both will
cost only $40, 600, or $1,000 for each branch
in Alameda, ana $1,000 for the single arm
in Contra Costa County.
Judge PriGgle argued in favor of the
adoption or the recommendations of the
committee. He said that good wagon
roads would not detract from Oakland.
but that on the contrary they would en-
rich ii by opening the markets of the city
to the fruitful acres of Contra Costa
County.
W. II. Buckley of Moraga Valley raised
his voice in opposition 10 the report. H.
claimed that the people Of Contra Costa
want the tunnel route, which will give
them a level road for their wagons.
In regard to the statement Of the
committee that the tunnel road conld n OF
be constructed for less than $50. 1885, Mr.
Buckley held that the work would require
only $4,000, and be favored the plan
which c0ntemplates the building of the
roads Ov the issuance of scrip.
The committee prevailed, however, and
resolution was prepared instructiDg the
surveyor TO look over the ground.
Jackson Convicted.
William jackson will probably have a
long term to serve in State prison for he
was yesterday convicted before Judge
Greene by jury with having committed
an assault upon little Edith May Goo!d on
June 6 last
IL appears that jackson, a young man
OF perhaps 30 years, was a frequent yisi-
TOT at the residence of the Goods at
IWentleth and Clay streets, and on the
2Oth oil June last he went to the house in
the absence of the parents, and enticed
the little girl 1ato n room, locked the door
and committed the offense.
Judge Greene will pass sentence on
Jackson on October next.
Ceased 20 Care for Her.
The trouble in the Behrens family has
ended in the divorce court, The wife. Mel
lie, yesterday fling writ for separation
from Walter n. f., charging deserfion and
failure TO provide. Attorney Hawaii is