The morning call., 1894-01-09
HE WAS TOO SICK.
Excuse Given by Executor
Rosborough.
The Work of the City Council of Oak
iand-Aiameda County's Super
visors-Simons' Disgrace.

1890 he left valuable estate TO two daughters
one of whom was Ella Gray Smith. lie made
+. NJ. Gibson and Alexander NJ. RosborOugh
executors of his estate. but Gibson turned the
management OF affairs over 10 ROsborough.
Ii is alleged that Rosborough abused his
trusl, and few weeks ago the guardian of Ella
Gray Smith brought suit to have him removed
as executor, bat exonerared Gibson.
In the complaint 1t was stated that Ros.
borough had fraudulently converted the funds
Of the heir 10 his own use Ii was also stated
that since the young lady had attained her ma
jOrly she wanted an accounting and the $4,000
which should be 10 the possession OF Ros
borough.
The case came up before Judge Ogden week
ago, but owing TO the absence OF Judge
Greene, who lad had charge of the case
originally. Judge Ogden did not care 10
enter into the matter any further than
E 0 Ella Gaay s@b be- immediatey pa ne
SO for her present months board and tuition
at a business college i'll san Francisco. which
she is attending.
Rosborough was ordered to file an account.
Ing. and Yesterday was the day II should
have been filed. Tie attorney for the young
lady. THOMAS Hayford , was present. but
after patient walt OF some time ROsb0r0ugh
did not show up.
1t was learned that lie was at his home in
East Oakland aud Judge Ogden had u stern
look on his face when lie inquired the reason
that that accounting had not been filed.
Lawyer Hayford was also in earnest when
he addressed the court and said:
III your Honor please, L ask that Mr.. ROs-
borough be turned over 10 The Sheriff. lie is
guilty OF contempt of this court. Your Honor
has OF dered him 10 file an accounting and lie
has not done so. ii is true that this matter
is 10 be heard by Judge Greene when he re-
turns from the East, but that does not prevent
the guardians from filing an account when
ordered. ask that be be found guilty OF con-
tempt Of court"
al TINS point a messenger arrived In hot
haste who said lie had come from the bedside
of Rosborough, who the doctors said should
not gO- out OF his house such morning rs
that. The messenger said Rosborough was
very III.
Attorney Hayford said be saw Rosborough
last Monday and he seemed 10 be all right then.
ale seems TO get sick every Monday morning
when this case comes up" said Mr.. baytord.
III the afternoon the missing executor ap-
peared in court looking quite feeble. Ros6or.
ough IS an old man and quite gray. He told
Judge Ogden that there were some things con-
nected with the estate which II would take
some time TO arrange. For instance, there
were partnership matters which he would have
10 explain privately 10 the court.
This is a matter which should be stated In
open court" SAID Judge Ogden.
81 continued this matter one week." con-
tinued Judge Ogden, because you said you
were physically unable 10 prepare the report
But you have been transacting business since
this report was CALL q for"
ROsborough denied This and said he bad neu-
ralgia of The head and was nearly dead with
lumbago.
RnsborOugh said lie had an account OF the
disbursements of the estate with him, but that
he was In no condition TO 20 into an examna-
ton OF them then.
Judge Ogden said then that he felt the court
should not postpone this matter longer and was
sorry 10 have 10 10 II. ''BuI,' said the court,
in view OF the facts presented The letters tes-
tamentary issued 10 Mr.. ROsbOroueh ought 10
he revoked and IL Is so ordered"
An application TO have the Union Trust Com
pany substituted in place OF ROsbOrough was
continued week, as was also the acceptance
OF The designation OF +. NJ. Gibson.
The City Council.
Previous to the meeting of the Council last
night there was a meeting of the unemployed
relief committee in Mayor Pardee's Office.
These committee meetings are presided over
by Rev. Father McNally, ana will he held here
after on each Tuesday and Friday evenings, in
the same place.
1t was learned from the gentlemen composing
the committee that the Southern Pacific Com
pany had held out hopes 10 them that the roads
for which franchises had been granted on San
Pablo, Park and AcatraZ avenues would soon
be built. aud in consequence great numbers OF
unemployed were on the tiD-tOe OF expectation
In regard TO the matter. and The members OF The
committee are daily besieged by worthy heads
of families who ale much In need of work. IL
IS confidently expected in view OF recent
events that the railroad company Will soon be-
GIN The work.
When the Council was called In special ses-
sion IL got right down TO business. IL sus-
pended the rules and passed 10 print an
ordinance apprOpriating $1,000 for The pay Of
the extra policemen from January 2 to Jan
uary 10.
resolution dlsmissing the extra watchmen
after the 10th inst. was lost.
Mr. Smell introduced a resolution allowing
the chief to reduce the number OF watchmen TO
fifteen after January 16. which number he
said the chi stated, would be sufficient
j. L. Lyon of the relief committee said he
was in hone all the men would be retained for
the month.
Mr. Manuel said IL was a waste OF money 10
pay il ont for these officers. and that he hoped
that some needed public Improvements would
be made.
The Smell resolution was lost.
A resolution was Introduced ordering the cx-
penditure OF S499 for filling in on Lake Shore
avenue.
This is part OF the Lake Merritt boulevard,
and the owner, Charles Newton, who says thar
he owns 1000 feet there. was willing TO give
enough OF bis property 10 made a good road 90
feet wide. The ROAD there - now 90 feet wide
and Mr.. Newton said he would give 40 feet ad-
dtlOnal along This road, ana that all this work
could be done by hand and would give employ
ment TO large number OF men.
Mr. Newton also SAID that The lake at this
place should he dredged, as no longer ago than
yesterday lie saw dog wade across IT,
Deputy Street Superintendent Holmes saws
the Work would be good, as $50 men could be
used there. He SAID that the street cleaning
going on was OF little use, because the streets
were all clean. The men now employed. lie
said, are only sweeping off the surface. The
work about the LAKE, he said. would be OF last
ing benefit and credit 10 the Council
Mir. Smell said that The tools could be pur.
chased for cost, and that at least $50 men
could be put 10 work there Thursday morning
A suggestion was made by Chairman Towle
tina. the wOrkmen furnish their own tools for
the work-wbeelDarrOws, shOvels. picks etc
The resolution was adopted. This was fol-
lowed by other resolutions 10 the same purport
and In all S1497 was appropriated for TINS
work.
A resolution was passed directing the City
Engineer 10 draw up map OF the district 10 be
affected.
A resolution To grade, curb ana macadamiZe
Jefferson street below First 10 the water trout
was passed. For this work S499 was appro.
prIated. This Is the piece OF land recently
decided 10 the city by the Oakland Gas, Light
and Heat Company.
The ordinance appropriatlng $1,000 10 pay
walchmen was resclnded by vote for reconsid-
GRAFTON and made 10 read so that the money was
appropriated for men employed by the Council
Ii was then again passed 10 print.
A resolution transferring the STRENGTHENING
force % The lake work was read and adopted
Mr.. Derby OF East Oakland, who Is ON the
CONNIE e-stTeet Commission, suggested that
Independence square be graded and the dirt
used TO fill in Commerce street lie said rhat
this would give employment to several hundred
men.
City Attorney johnson said that the city
could legally do this work.