The record-union., 1894-09-07

Clinton l.. White, filed an accusation
ia the Superior Court against District At
torney Ryan and commenced proceed
ings TO disbar him and have him re-
moved from the office of attorney and
counselor-at-law. The accusation is as
follows:
In the Superior Court of the State of
California, in and for the County of Sac
: ramento-P Proceedings to remove Frank
ID. Ryan from the office of attorney and
counselor-at-law.
The verified accusation of Clinton l..
White respectfully shows:
That Frank d. Ryan is and at all the
times in this accusation mentioned has
been duly licensed attorney and coun-
seior-at-law of the Supreme Court of Cali
fornia.
That one Thomas Armstrong was in
his lifetime and at the time OF his death a
resident of the county of Sacramento,
State of California and that he died in
testate In the latter part of the year 1889,
leaving an estate in the said county of the
value of about $4,000, and consisting OF
both real and personal property in the
city OF Sacramento; that the next of kin
and heirs-at-law of said Thomas Arm
strong were two neices-one Alice ).
Armstrong, at that time a resident of
Massachusetts but now resident of San
francisco, and one Annie Kane. resi-
dent OF San Francisco. y pom the death OF
said Thomas Armstrong, said Annie
Kane desired to take charge of his estate
and act as administrators thereof: and
thereupon said Annie Kane employed
said Frank d. Ryan as her at
and conduct the business OF said
estate: and said Frank ID. Ryan ac-
cepted such retainer, and acted as and
continued to be the attorney and coun-
selor-at-law employed by said Annie
Kane from the time of her application for
letters of administration upon the estate
of said Thomas Armstrong. deceased, to
the final closing of said dministration,
and the discharge OF said Annie Kane as
administrators; that letters OF admins
tration of said estate were issued by the
Superior Court of Sacramento County to
said Annie Kane on the Both day of Janu-
ary, 1890, and decree of distribution
closing said estate wa made by the said
court on the 3lst day of October, 1880, and
throughout all the proceedings OF said
administration, and In all matters relat-
ing thereto, said Frank ID. Ryan acted as
and was the attorney of said Annie Kane.
and she had no other attorney. During
all said time said Annie Kane had full
confidence in said Frank ID. Ryan, and
lntruSted to him as her attorney the care,
pOSS0SSlOD ana OF all moneys
OF said estate, which consisted OF a very
large sum, and also intrusted to him the
keeping of all accounts of the business of
said estate. Said Annie Kane, though not
incompetent, was and is person of feeble
mentality, and from the time she was
about two years old was reared and cared
for by the Sisters of Mercy within the
walls of a convent in San Francisco, in
strict seclusion from the world, and was
and is totally ignorant of and without
experience in the management of busi-
ness affairs, and unfamiliar with the
keeping OF accounts, and will ali legal
proceedings, and unable to understand
the import, meaning and legal effect
thereof, and was and is of very con-
fiding disposition. and for these reasons
very easily deceived and imposed upon
and having full confidence in her said
attorney, the said Frank d. Ryan, she
relied entirely upon him and accepted as
correct any aud all statements which he
made to her concerning the business of
said estate, and signed as requested by
him, and without examination and with
out understanding or attempting to un-
derStand the particulars or details thereof
all papers presented by him relating to
the said estate, and allowed him TO hold
for Safekeeplng all moneys OF said estate,
and finally on the closing of the admins
tration of the said estate accepted from
him, in full confidence that he was then
the sum of money which the said Ryan
represented and stated to said Annie
Kane was the full sum and share to
which she was entitled out of said estate;
but which sum so paid, including ali
sums heretofore received by her was in
fact 1924 IS less than the total sum then
In the hands OF said Frank ID. Ryan be-
longing to said Annie Kane, and which
he had received for ner, and in his
capacity as her attorney In the settlement
of said estate, and which sum of S624 70
he ought also at said time to have paid
over to her, but which sum in fact he de-
ceitfully and fraudulently embezzled,
misappropriated and converted to his
own use. That said So24 73 is made up of
two items, as follows:
First During the pendency of said ad-
ministration and in February 1890 said
Annie Kane directed said Ryan to paw
out in her behalf the sum of $50, which
she desired 10 have paid over to a priest of
the Holy Catholic Church. with a request
that masses should be said for the repose
of the soul of her deceased uncle, the said
Thomas Armstrong. and said Ryan after
wards, and before the close of the admin
istration, represented that he had so paid
out said $50 as requested by said Annie
Kane, and he thereupon, upon the settle
ment of the administration OF the said
estate on October 81, 1890, retained out OF
the moneys OF SAID Annie Kane then in
his hands the sum of $50, which he then
and there represented he had so paid out
as directed by said Annie Kane, which
representation said Annie Kane believed
in, trusted and fully relied on. That in
fact said Ryan had not paid out said $50.
nor any part thereof, as directed by said
Annie Kane, nor at all, nor had he re-
queSted the saying of any masses, but he
misrepresented aud concealed the truth
thereof from said Annie Kane, and ap-
propriated the said $50 of her money to
his own use. That said Annie Kane did
not discover that said Ryan still had said
money in his possession and that he had
deceived and misrepresented the facts
thereof TO her and had not paid the same
in accordance with her directions, or at
all, until nearly three years thereafter and
about January, 1893, when she was for the
1lrst time informed of the true facts
thereof by Alice 5. Armstrong, but up to
said time said Annie Kane believed and
trusted and had full confidence that said
Ryan bad not retained said $50 in his
own hands, but had paid out and parted
Herewith in accordance with her said di-
rections
Second-In the settlement and allow
ance of her final accounts as administra-
IriX of said estate, the Superior Court of
Sacramento County allowed and directed
TO be paid to said Annie Kane out of the
funds of said estate the sum of 1914 73
commission to which she was entitled
for her services for acting as administra-
friX of said estate. This sum said Annie
Kane did not know she was entitled to
receive. and she did not know that is had
been allowed to her IL said account, and
said Ryan did not pay over the same or
any part thereof, to her, but concealed
from her her right thereto, and all know
edge thereof, and retained the same him.
self out of the moneys of said estate in