The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-05-07
ANN G|LFEATHER'S CASE.
Was Her Weakness of Mind
Taken Advantage of
by Design?
j. ]. Rauer Tells How the Aged
Lady Brandished Handy
Hatchet.

There is an interesting case on tr1al In
Judge Hunts court before a. jury involy-
ing the sanity of person now dead. The
suit is Dennis F, Gilfeather, Edward Gil
feather and James Gilfeather against Ellen
GoWlev. administrative of the estate OF
Bridget O'Hara, James W. Lawrence, J. j..
Rauer. John Doe and others. 1t is an
action based on two grounds, viz; tort
and breach of contract.
In the complaint it is urged in the first
place that the property in controversy was
conveyed by one Ann Gilfeather when she
was insane; in the second place 1t Is
claimed that the transaction was not an
absolute transfer of the land but merely a
mortgage. These being found contra
dictory it was the first ground that was
taken by the plaintiff.
It was alleged that on August III, 1888,
Ann Gilfeather was owner in fee OF the
property in point on Bernard and Jones
streets, being portion of lot No. 1853, and
that she was on that date insane and with
out any lucid interval until her death on
September 8, 1891. On August b, 1883, a
| Judgment against Ann Gilfeather was OBJ
| tanned in the Justices Court for $l36 90,
| she not appearing nor being represented
| by a guardian. Upon an execution the
property was sold at public auction for
! $150 SIS to one J. V. Lawrence on December
! is, 1888. On the Sd of July, 1889, Lawrence
| ouitclaimed the property to one J. j..
Rauer for 81, and Rauer qultcla1med 1t on
| July g, 1889, to Bridget O'Hara for $23S 90.
worth $4,000. They say that Ann Gil
| feather was committed 10 Agnews on Sep
| TENDER 9, 1892, and that her children are
| the plaintiffs. The value of the premises
| is stated at $25 per month. As second
! cause of action it was urged that 1t was
expressly understood between Bridget
| O'Hara, Ann Gilfeather and J. J. Rauer
| that Bridget O'Hara should take the said
conveyance solely as security Tor the
| S238 90 and by way OF mortgage.
| On the other hand, Ellen GoWley denied
that on August 10, 1885, Ann Gilfeather
was insane, out AYERS that she was compe-
| tent to transact business. Further. she
denies that she was regularly comm nI
to Agnews on May Is, 1891, but declares
that she was committed upon false state
ments made to the Commissioners OF In
sanity by James Gilfeather, one OF the
| plaintiffs, and "that such statements were
| made by the said James Gllfeather WIN
| the intent and purpose OF getting the saio
| Ann Gilfeather out of the way SO that the
said James Gilfeather could obtain an IN
fair advantage over the said Ann 2n-
feather, and thereby possess hlmsen OF ner
property" 1t is denied that the convey
ance of the property was a mortgage.
| After jury had been secured the pam
| tiffs called J. ]. Rauer,. who tesIlneo tnaO
| in his opinion the old lady had peen III
RATIONAL in August, 1888. He had called
upon her to serve paper and she had run
| him out of the house. She had produced
an ak and told him that before any one
| should have the house she would mash IL
down." whereupon she had commenced 10
chop at the walls of the passage.
Rauer explained his having given quit
claim deed of the property to Bridget
O'Hara on the ground that he did it out
of sheer goodness of heart on the under
Standing that she was to give it back to
her sister, Mrs. Gilfeather. His interest
in the case now was desire to help young
Dennis Gilfeather, who was Ill.
The case goes on to-day.