The herald., 1895-01-31
ROUCAU'S NOTES.
THEY CAUSE AN UNPLEASANT
SUIT IN COURT.
ID rect Evidence That tho Endorsem 81
Was Forged Positively Con-
tradicted.

The cause of D. w. Field, admins.
traitor, against Enamel Eyraud, an &C.
ton to determ re the title of litigants to
the sum of Sl236 80. collected by plain
tiff on two promissoiy notes payable to
the order OF Frank Roucau, deceased,
was tried yesterday in department four,
the court sitting without jury.
Roucau, who b d been an em ployee of
the late Andres BriswsIter, was gsnsr-
ally credited With having considerable
money. In December, 1889, while on
his way to France he died, asphyxlatsd
by gas at the Hotel Martin, New York,
leaving no will.
d. w. Field, public administrator,
subseq uently appointed administrator OF
the estats, obtained from Mr.. Eyraud,
Under protest and without the latter
waving any OF his rights, two notes
which ne alleged he had bought in 1859
from Roucau, one for $1,000 signed jean
PouyiourCat, and the other made by
A. GAutler for 800 Evraud claimed
that the only interest Roucau had in
these notes WAS $3.50, tho conditions OF
their sale having been $500 cash and
sum OF 500 upon their payment by the
sguers. After Field had collected the
sl236 81 he brought this suit, asking at
the same time that Eyrand make an &C
counting to the court otany other notes,
moneys or properties which might Rave
been entrusted to him by the deceaaed
Roucau
Denis Il Hannon appeared for Eyrsud,
Bradner ". L9e tor Mr.. tisld and j.
Brousseau, a. the request nj the c nsni
general OF Francs ut San Francisco, for
the absent heirs OF r Jucan.
rho aim OF the pIeIntiif was to chow
that The defendant had not legitimatelv
acquired the notes, but Emanul
E,raud. who was made y witness for tie
other side, IN maintained that he had law
fully coma by them, oy puIchaaiag then
from Ro lcau for 500 in gold, and Tor
further consideration OF $3.50 to bs paid
when the money was collected. Nobody
was present at this TRANSACTIONS.
A. Gautier. the drawer OF the 500
note, testified positively that when
Eyraud showed 1t to him at his store on
Commercial stree. and asked him hen
he was going to pay it, Roucsu had
been dead over month, and The note
was not then endorsed. L. was, how-
CNoiy ChdO'ucN uc phlu III thtoT On
to Administrator Field.
Deputy County Clerk Seaver was put
on The stand as an expert, and after
having detailed by what process he had
come to his conclusions. declared that
there was such difference between un-
disputed signatures of Roucau and those
on the two notes that he felt satisfied
they were not genuine. There was q
pictorial resemblance at first glance
which was destroyed by microscopic ex-
animation.
George j. Denis, attorney for defend.
ant. testified that Eyraud had come to
him to draw up bill of sale for the
notes at the time that Roucau was in
trouble. having been charged by g. J.
Griffith with embezzle ment. Later he
read OF the death in New York OF this
man. He was satisfied that both notes
were endorsed at the time that Gautier
believed he saw his own paper unen.
dorsed in the hands OF E. Eyraud. This
matter had been brought to the notice
OF the grand jury, who had ignored it.
Judgment was given for defendant,
without costs to either party.