The record-union., 1894-09-07

not know or discover that said Ryan had
retained in his hands any money belong
ing to her, nor did she discover any of
the facts relating to said sum adiudged to
be paid to her as commissions for acting
as administrators, and said Ryan's con-
cealment and his own appropriation of
SAID sum, until about the month OF De-
cember, 1892, when she was informed of
The facts by Alice S. Armstrong, but up
10 said time said Annie Kane believed
ana trusted and had full confidence that
SAID Ryan had concealed nothing from
her, and that be had paid over to her all
moneys belonging to her, and TO which
she was entitled, which had come into
his hands)by virtue OF his acting as her
attorney, and by reason of the trust and
confidence which she had repoSed III him.
mat Alice ). Armstrong was furnished
at the time of the closing of the admins
tration OF the estate of Thomas Arm
strong. deceased. with copy OF the tlnal
account therein, and after she removed
from Massachusetts to San francisco,
and in the month of December, 1892, and
more than two years after the EN- beZzle-
ment and conversion by said Ryan of the
said sum of S574 70 belonging to said An
ME Kane, said Alice 5. Armstrong
showed said account to Annie Kane, and
explained to her fully the meaning there
OF. whereupon said Annie Kane learned
for the first time that said commissions
had been allowed to her, and that said
Ryan had retained the same.
III.
Said Annie Kane, on February 9, 1893,
assigned and transferred to Alice ). Arm
strong her said claim against Frank ID.
Ryan, to collect and receive OF him the
said sums of moneys which belonged to
said Annie Kane, and which he had con-
laH har onH and
converted to his own use, TO wit, said
sum of $50, which said Ryan represented
he paid out for masses at the request of
said Annie Kane, and said sum of S514 I3,
commissions due said Annie Kane as adj
ministratrlX as aforesaid, the whole sum
aggregating 1924 73, besides interest.
".
That on or about February II, 1898, said
Alice S. Armstrong demanded of said
Frank ID. Ryan payment of the said
claim on him so assigned to her by said
Annie Kane. Upon said demand being
made upon him, and a written order
signed by said Annie Kane directing him
to pay, being presented to him, said Ryan
at tirSt said he would have to look at his
accounts and vouchers, and that he did
not have them convenient. Then he adj
mltted that he had retained the sum al
lowed by the court TO said Annie
Kane as commissions, and that he
had also received and retained $50,
which he was to have paid out
for masses, but he contended that he
ought to be permitted to retain the COM
missions in addition to the fee Of $500
which the court had allowed him, for the
reason, as he claimed, that he had pro-
cured the bond required of said Annie
Kane as administrators, and that she had
done but little work as administrators; !;
and said Ryan also stated that said Annie
Kane must have understood that be was
going to retain the commissions which
had been allowed her by the court,
though he admitted that he had made no
contract to that effect with her, and that
they had never conversed on the subject.
V.
That on the 23d day of March, 1898, said
Frank d. Ryan paid to said Alice s. Arm
strong the sum of S647, being the amount
OF said commissions, and the said money
tor masses so retained by him, with inter-
est, less the sum of 81 30, which said
Ryan claimed to have paid out for said
Annie Kane, and which offset said Alice
S. Armstrong was of the opinion was Just,
and allowed the same accordingly. That
said Ryan made said payment, however,
only when notified that otherwise pro-
| ceedings to recover the SUM appropriated
by him would be commenced against
him.
VI.
And this accuser further shows that
during the pendency Of said administra-
ton of the estate OF said Thomas Arm
strong. deceased, said Frank d. Ryan
was Il duly appointed, commissioned,
qualified and acting Notary Public of the
State OF California, in and for the County
OF Sacram ento. That during the pend
ency OF said administration said Ryan,
acting as the attorney for the administra-
triX, hled with the Clerk and presented
to said Superior Court of Sacramento
/ County divers papers, which upon their
faces showed that they had been signed
by the Administrative, Annie Kane, and
sworn to by her before said Ryan as a
Notary Public in said County OF Sacra-
| mento, to wit: An inventory and APP
praisement, which was filed March 10,
| 1890; a petition for an order of sale of real
estate, filed May %, 1890: return and ac-
count OF sales of personal property, filed
| April y, 1890; return and account of
| sales of real estate, filed August %, 1890,
and a final account, filed October 20, 1890
That, in fact, said Annie Kane did not
swear to said papers, or any them, before
said Ryan, nor did she appear before him
and sign the same in the County Of Sac
ramento. nor was she in the County of
Sacramento at any of the times when as
appears from the face of said papers she
swore to them before said Ryan. That
said Ryan presented said papers to said
superior Court as genuine, aud repre-
sented to said court that said Annie Kane
had sworn to the same before him as
Notary Public in the County of Sacra-
mento, all of which was false and was
| well known by him so to be; and therein
and thereby he knowingly and willfully
| imposed upon said court and deceived
| and misled the same with false state
ments of fact.
That more than two years had gone by
after the appropriation of said moneys
by said Ryan before the discovery by
said Annie Kane or by any person of the
acts of said Ryan, and within a few
months after said discovery all criminal
liability for punishment for his sai6 acts
was barred by the provisions of Section
500 of the Penal Code. That during all
the time since the discovery of said acts
of said Ryan he has been the duly elected,
qualified and acting District Attorney of
the County of Sacramento, and as such
had charge of al. criminal prosecutions
in said county.
That all the acts of wrong of said Frank
d. Ryan hereinbefore set forth were
done by him as an attorney and coun-
selor at law, and pursuant to his employ
ment and while he was employed as and
was acting in that capacity.
TX.
This accuser has obtained his knowl-
edge of the foregoing facts by reason of
having acted as an attorney for said
Alice S. Armstrong in enforcing and col
| lecting payment from said Frank D..
Ryan of the sums SO converted by him of
moneys belonging to said Annie Kane,
and the said Ryan in his conversation
with this accuser and with said Alice S.
Armstrong, in the presence of this
accuser, admitted the truth of all the
material facts hereinbefore set forth