The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-28
JAKE RAUER IS REBUKED.
Judge Hunt Delivers an Ex-
coriating Lecture From
the Bench.
A WIDOWS PROPERTY INVOLVED
Rauer Figured PIentifully as Plain
tiff and Defendant In the
Same Action.

An unusually interesting and compli-
Gated case, in which one Jacob Rauer fig
ured very prominently, was brought to an
abrupt termination by Superior Judge
Hunt yesterday.
Suit has been instituted by the three
brothers Gilfeather-Joseph, Edward and
Dennis-against the estate of Bridget
O'Hara, deceased, to recover property
valued at $500. Judge Hunt in granting
the application for a nonsuit let his
severest censure fall upon the head of
one Jacob Rauer, who appeared as de-
fendant.
A jury had been summoned 70 try the
case, but the Judge said that he did not
care to trust the case to the jury; that if a
verdict had been rendered in Rauer's favor
he would have to set it aside. Further
more" continued the court, "the doors
of the court of equity should always be
closed to such a questionable transaction"
Such unusual expressions from Judge
OH the Superior bench are sufficient to
clothe case with more than common in
terest, and the facts as established show
the provocation.
The property involved in the suit is stu
ated at 106 and 108 Bernard street, between
Jones and Taylor. In 1887 the late Mrs.
Gilfeather lived at 1106 Pacific street. In
May, 1887, a fire took place on her prop
erty on Bernard street and the insurance
com panies proceeded to make repairs, en-
ploying a man named J. B. Lawrence to
do the work. Mrs. Gilfeather claimed 1.-THE
insurance com panies should pay the bills,
as 1t was not total loss.
Lawrence brought suit against Mrs. Gill
feather and recovered judgment in the
Justices court for about $130. One Jacob
Rauer went to- see Mrs. Gilfeather about
the bill. and claimed that she had driven
him from the house with an ak. A sum-
mons was afterward served on the lady by
another person, who also claimed to have
been "forcibly and frightfully" elected
from the premises.
In due time the property was sold under
the judgment and the Sheriff made deed
to Lawrence. The latter subsequently
turn decided it to Bridget O'Hara, de-
ceased. for $3.50. Mrs. O'Hara went into
possession of the property and collected
the rents up to the time of her death,
which occurred in 1894.
Mrs. Gouley, sister of Mrs. O'Hara, took
out letters of administration and about a
wear after the Gilfeather brothers brought
suit against Mrs. Gouley, claiming that at
the time of the deed to Lawrence and
Rauer their mother, Mrs. Gilfeather, was
insane. The suit was afterward made
Jointly against the Administrative, Law
renee and Rauer. In the complaint it was
alleged that Mrs. O'Hara had come into
possession of the property as mortgage
and also that Lawrence and Rauer knew
that Mrs. Gilfeather was insane and that
the deeds were therefore fraud ulent. On
the trial Rauer became witness for the
plaintiff and swore that at the time he
went out to see Mrs. Gilfeather in 1887 she
was insane and that she was insane when
the deed was made to Lawrence and when
the deed was made by Lawrence to him
and also afterward when he (Rauer) made
the transfer to Mrs. O'Hara.
On crosS-eXamiuatiOn it was developed
that Rauer, though made defendant in
the action, was at the time of the COM
mencement of the case in possession of
deeds from the Gilfeather boys granting
him an undivided half of the property,
and that he had put up all the costs in the
action and stood good for any and ali
costs that might accrue. Rauer's answer
was g denial, and verification was waived
by the attorney for the plaintiff. Under
the circumstances the Judge decided that
Rauer should have been plaintiff in the
action instead of defendant, and that the
suit was collusive in its character.
And Judge Hunt, as well as Attorney II.
G. McPike, for the defendants, entertained
the spectators for half hour or more in
warm excoriation of Defendant-p plaintiff
Rauer, characterizing such proceedings as
shameful and deserving of the severest de-
nunciatiOn,