The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-19
ROSENTHAL MAKES REPLY
He Shows There Is No Ground
for the Charges of
Mrs. Austin.
SUPPORTED BY THE COURT.
His Actions All Strictly Within the
Lines of Professional
Ethics.
SUPPORTED BY THE COURT

In dispatch published yesterday from
Santa Rosa it was stated that serious
charges were made against Marcus Rosen-
thai, a San Francisco attorney, in a petit
ton FLED by Mrs. Rose Austin, asking to
have Rosenthal removed as executor of her
husbands estate.
Among the charges made was that Ro-
senthal had secured the withdrawal of L..
Auradue, one of the other executors, by
misrepresentation, so that he could ham
die all the money and affairs connected
with the estate; that he had paid P. Bat
taille $3.50 to secure Charles Austin, the
husband of the petitioner, as client; that
he got $500 from Austin for legal services
which were worth only $500; that Rosen-
thai had in his possession SIS, 900 belonging
to the estate, and that by reason OF his
actions Mrs. Austin had been compelled
to go to her fathers home to live.
When Mr.. Rosenthal was seen regarding
the matter he expressed surprise that the
Associated Press correspondent who had
sent the substance of the petition had not
included the proceedings that were had
before Judge S. K. Dougherty in the Supe-
rior Court at Santa Rosa on the day that
the dispatch was sent to San Francisco,
that is, on Monday last. The matter of
the petition at that time came up for hear
ing. and after the petitioner had submitted
the testimony of quite number OF wit
nesses, Rosenthal stated, he asked to be
put on the stand in his own behalf. This
the Judge told him was entirely unneces-
sary in view of the character of the testi-
mony that had already been given.
Judge Dougherty then heard arguments
from the attorneys of the petitioner, and,
without leaving the bench, refused to
al
mains joint executor with Mrs. Austin of
the estate.
In explaining the charges contained in
the petition Mr.. RosenthaI SAID: I'm Sep
TENDER, 1884, Mr. Battaille, friend of mine,
came to my office and brought with him
Mr.. Austin, whom he introduced to me,
stating that Mr.. Austin desired the services
OF an attorney, and that he had told him
to take his case to me.
Mr.. Austin informed me that he had re-
ceived a letter telling him of the death of
his mother in New York and that she had
left a large and valuable estate, worth in
the neighborhood of $1,000,000 portion
of which he was entitled to. He wanted
me to take the matter up and look after his
interests. He stared that he could not
give me any fee at that time, as he had no
money. After looking into the merits of
the case | agreed to take it up. The mat
ter involved the contesting of both the
wills of his father and mother and the en-
ploymenJ of attorneys in New DIRK. AS
the result of my efforts $40, 900 was received
from the estate about the end of January,
1885. This amount was sent to me and
Immediately advised Mr.. Austin. He
came to the Office and asked me what l in
tended to charge him. | told him $4,000,
which he said was satisfactory, and which
amount he then paid me.
about two days afterward | met Mr.
Battaille on the street and asked him to
come to the office whenever he had time.
He called on the following day and |
wrote out check for $3.50 and gave it to
him, saying: Here is little present for
you There had never been any talk be-
tween us as to his compensation. | had
thought of making him a present of a
watch and chain, but on reconsideration
thought the cash would be more accept.
able to him.
This $4,000 had been received from the
estate OF his father, who had died before
his mother, and at the time my fee of $4,000
was paid me there was nothing said about
any contests over the wills of both his
ather and mother. These were afterward
brought with the result that Charles
Austin received a further amount of $50 900
out of the estate before his death, and that
about three weeks ago another SIS, 900 was
received, making $4,000 in all recovered
for Austin and his heirs and there is
$35 900 more which will shortly come into
possession of his heirs.
at was agreed between Mr.. Austin and
myself that l was to receive the additional
sum of $500 for these later services, but of
the amount only $500 has thus far been
paid me. The balance is to be paid me
when the remaining money of the estate
comes.
about three weeks ago, as I stated be-
fore, SIS, 900 was received by me as execu-
tor of the estate OF Charles Austin, who
died in Sonoma County on June 8, 1894. I
Immediately notified Mrs. Austin of the
fact, but she never demanded the
money of me. l am ready to pay
over all the money of the estate in
my possession to whomever is en-
titled to it. The money is now on deposit
IN the Bank of California in the name of
the estate.
"When Mr.. Austin died there was onlv
$75 in cash found in his estate, and this the
executors allowed Mrs. Austin to retain.
She also remained in possession of all his
personal and other property, including
their homestead.
ION June 6 Mrs. Austin got $3.50 out of
the $4,000 as a family allowance. l pre-
sumo it was the fact of there being no cash
among the effects of the estate that in
duced her to take up her residence with
her father. l may add that not only adj
vanced the expenses for the estate since
the death of Austin out of my own pocket,
but also loaned Mrs. Austin $3.50 in cash
shortly after her husbands death. which
amount was recently. repaid to me. She
desired to make further loans from me, but
l was not in a position to accommodate
her, and this was possibly the cause of her
action in seeking to have me removed as
one of the executors of the estate.
with reference to the withdrawal of
Mr.. Auradue, it was made in order to
save expense to the estate His retention
would not only have involved frequent
trips on his part between San Francisco
and Sonoma County, but the payment of
commissions to him. His withdrawal was
made not only with the consent of Mrs.
Austin, but on her solicitation. l had of
fered to withdraw, but she said she pre-
ferred to have me continue to act and look
after the affairs of the estate"