The San Francisco call., 1895-10-11
AN OLD DEED IN COURT.
The Suit Against j. DoWney
Harvey in a San Diego
Court.
1t Involves Warmers Ranch OF
About Fifty Thousand
Acres.

SAN DIEGO, CAL, Oct. 10.-An old
deed, torn to shreds and thrown in the
waste basket and fished out and patched
up, is the basis of an important suit begun
to-day against J. Downey Harvey, admin
istrator of the estate of Ex-Governor John
G. Downey. The suit involves Warmers
ranch in this county, comprising about
$4,000 acres and valued at $3.50, 600. and is
entitled John Kelly ct al. VS.. John
Downey Harvey administrator. The
case came up before Judge Terrence in
Department of the Superior Court.
From all appearances the contest will be
long drawn oat. Plaintiffs are John
Kelly, George Andrew Kelly and Charles
S. Kelly, minors, John Thomas Kelly and
Mary Catherine Parks, all children of
John Thomas Kelly, deceased, who was a
brother of Rose B. Downey nee Kelly
second wife of Ex-Governor Downey,
America Kelly, widow of a deceased
brother OF the late Mrs. Downey, and
Catherine Egan and Mary Kelly, her sis
tiers.
These plaintiffs are represented by Col
onel George H. Smith and Works IL Works
of this city. J. Downey Harvey, as ad-
ministrator OF the Downey estate, is repre-
sented by Senator Stephen NJ. White and
his partner, Charles Monroe.
When the case was called this morning
Colonel Smith made an opening state.
ment of the matter intended TO be proven.
1t appears that while Ex-Governor Dow
ney and his wife were living in the Dow
ney block at Los Angeles, in August, 1889.
the Ex-Governor sent for his attorney,
Judge Redman, and directed him to draw
up a deed for the Warner ranch, except
ing the one-fourtb interest owned by the
Merchants Exchange Bank. The deed
was duly executed and given to Mrs Dow
ney, who in turn gave it to Judge Redman
to prove, he being the subscribing witness.
The deed remained in his possession until
the early part of November of the same
year.
In the meantime Governor Downey had
been i'll, but upon his recovery went TO his
office with Dan Cunningham, his conf
Dental assistant and met Judge Redman
! by appointment. He made request for
the deed lin order that Mrs. Downey
might be suitably protected, !" and Judge
Redman gave him the instrument on cen
dition that it should be carried directly to
Mrs. Downey. After Judge Redman left
| the office, Governor Downey handed the
deed to Cunningham, it is alleged, and
directed him to destroy it. This he did by
tearing the paper into fragments and
| throwing them into a waste basket.
| The following day A. w. krause, Gov
ernor Downey's secretary, directed an as
sistant to get the fragments of the deed
and put them together. When this was
done the patched-up deed was placed by
Krause in Governor Downey's safe, where
it remained until j. Downey Harvey, as
executor of the estate, came across il
among some other papers.
| The only witness examined to-day was
Judge Redman, Governor Downey's for
mer attorney, and who was at one time
Judge of the Superior Court of Alameda
County. His testimony fully corroborated
the statements of Colonel Smith, and
though closely cross-examined by Senator
White Judge Redman's 5 answers remained
substantially the same. The old deed wa:
shown IN court and commented upon. i
will be formally submitted in evidence to
morrow, and if not allowed by the cour
the case will necessarily come to an end.
| Senator White made a lengthy motion to
strike out that portion of Judge Redman'.
testimony relating to matters touching
upon the relations of Judge Redman anc
Governor Downey as lawyer and client, or
the ground that professional obligations
| involved rendered the transactions be
| tween them of no concern to other persons
This motion was taken under advisemen
by Judge Terrence. Other evidence is tc
be introduced by plaintiffs tending to show
that such deed had been mentioned by
| Governor Downey before his death.