The morning call., 1895-02-12
ASHE lAkN ANSWER.
Sarah AItlea Terry'S Case
in Court.
HER GUARDIANS ACCOUNT.
A Document Which Will Be Filed by
Him To-Day.
IL is FULL or STRONG DENIALS.
4 General Stirring Up Of Sensational
Matters That Have Long In.
terested the Public.

The account OF R. Porter Ashe, guardian
of the estate of Sarah Althea Terry, who
is an inmate of the Stockton Insane Asy-
lum, was filed in the Superior Court yester-
day. The guardianship dates from March
IL, 1892.
Mr.. Ashes account when summarized
and balanced shows that he has paid out
for the benefit of his ward the sum of
1891 63 more than he has received from
all sources.
The estate consisted of block 132, in the
city of Fresno, with a residence and out
houses thereon, and personal property,
such as diamond rings, wearing apparel,
a gold watch, horses and carriage. The
total appraised value of this property was
$779 35. 1t was sold for $1153 80. The in
come from the real estate, after deducting
interest, taxes, etc, swelled the total re-
ceipts to the sum of $1503 co.
Against these receipts are set the figures
of disbursements of various kinds in the
payment of debts and for the maintenance
of Mrs. Terry in the insane asylum. The
total amount of the disbursements is
$2095 %.
Referring to the real estate, the account
specifies that it is under a mortgage for
$9543 90, held by the Pacific Bank, and
that it had been rented for $50 month
previous to the failure of that bank but
after this failure and when a settlement
was demanded the guardian was forced to
rent it for $50 month. The property has
deprecated in value and is not now worth
more than $4,000, much less than the
amount of the mortgage.
The account was filed with Judge Slack
in open court. f. Z. Dunno, Reel B. Terry
and CASTOR Ashe were with the guardian
at the time. Thomas H. Williams, who
some time ago filed petition to be made
the guardian of Mrs. Terry's person and
estate, was also in the courtroom. He i'm
mediately took up the report and scanned
it critically from beginning to end. He
then asked for time in which to prepare
exceptions to the account.
In the matter of the petition of /. III.
| Williams TO be made guardian of Mrs.
| Terry and for the removal of Mr.. Ashe, the
latter will file his answer to-day. This
answer is lengthy document consisting
of thirteen typewriter pages of legal-cap
paper and covers all the points in the
account fled and the petition of Mr..
Williams.
Mr.. Ashe denies that he sold personal
property in the order of sale referred to in
the petition. and makes other general
denials to meet the points set forth by Mr..
Williams. He denies that he has violated
his duties as guardian or the laws of the
State of California in any respect, or that
he has not made or filed since his said ap-
pointmeht any account of any kind or
character to the court of his doings as
guardian, but AYERS that full and COM
plete account has been filed by him.
In reference to the averment made by
Mr.. Williams in his petition to the effect
that Morgan Hill. brother of Mrs. Terry,
had asked for Ashes removal and
Williams appointment, the answer says:
"Upon the ground that he has no in
formation or belief sufficient TO enable him
to answer, the respondent denies that the
said Williams makes his said petition upon
the request or direction of said Morgan
Hill, or as the next, or any friend of said
insane person
Further on in the answer he "denies
| that he is wholly or absolutely or at all in
| solvent, or without financial response
| bility, or that mere nominal bond has
been given to secure the performance of
! his duties as guardian, and in this behalf
respondent shows that a good and suffi-
cient bond was given; that the real and
| personal property of said ward are intact;
| that the proceeds of the sale of personally
| have been fully accounted for, and that the
| said estate is in debt to the alleged lnsol-
| vent and irresponsible respondent. He
denies that said real estate, as alleged and
insinuated in said petition, was obtained
by him from his said ward upon any con-
veyanee or conveyances, but AYERS that
Sarah A. Terry prior to her ad Indication as
an insane person, and of her own prompt
ing, and without solicitation from or notice
to this respondent, executed and delivered
to him deed of said Fresno property as Sc
curity for moneys advanced by him to her,
and which have never been repaid; and
she caused the same to be recorded herself;
and Notwithstanding the circum stances
under which, as Just recited, the said deed
was made, and notwithstanding the nom
payment of advances for which the said
Sarah A. Terry intended the same to be
security this respondent, upon appoint
ment as guardian, promptly inventoried
guardian, and has never made any claim
thereon, or any claim for the said adj
vances, or any part thereof"
The answer closes with extracts from the
records of Judge Slack's court, showing the
statements and testimony in the matter at
the time Mr.. Williams filed his petition,
and asks that the present guardian be not
removed but his account approved.
Mr.. Ashe was seen last night. In speak
ing of his accounting and the answer
which he will file to-day he said
1.-THE whole trouble grew out of the
enmity which existed between Mr.. Will
hams and myself. / beat him in a lawsuit
over the race mare Geraldine and he has
hated me ever since. AS regards the ae-
counting and my answer, my real purpose
is not so much to defend my position as it
is desire on my part to force Morgan
Hill, who is wealthy man, to do some
thing toward the support of his unfortu-
nate sister, Mrs. Terry. She is hopelesslv
insolvent and without means"