The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-14
CLAIMANTS IN COURT.
Petition of the MuIatto Boy
Presented by Attorney
MOnteith.
A GENERAL DEMURRER FILED
All Beneficiaries Represented With
the Exception of Single
Charity.

SAN JOSE, CAL, Sept. 13. The Barron
case was up before Judge Reynolds to-day
on hearing of a petition filed in July by
Attorney Monteith, counsel for Edward
Andrew Barron, the colored claimant,
citing the various claimants to the Barron
estate to appear and establish heirship.
All the heirs and benefciaries were repre-
sented except one charity represented by
Bishop Riordan, on whom citation had
not been served, as Bishop Riordan was
absent from the State.
Attorney E. S. Pillsbury appeared as
special counsel for Eva Rose Barron, as
executrix of the Barron estate; George w.
Monteith for Edward Andrew Barron, the
mulatto boy, and his guardian, George
Meeker Greene; H. V. Morehouse for the
contestant, George e. Barron, and James
F. Tevlin for Mary F. Barron, the widow
of Edward F. Barron, and her children.
Attorney Monteith filed the following
petition:
That the said Edward Andrew Barron is one
OF the heirs and next of kin of the said Ed
ward Barron, deceased; that he is the son of
the said Edward Barron, deceased, and Winn1-
fred Norton; that the said Edward Andrew
Barron was born in San Francisco, in the State
of California, upon the 9th OF February, 1881 );
that the said Edward Barron, deceased, the
father, and the said Winnifred Barron, the
mother of the said Edward Andrew Barron,
never intermarried; that at the time of the
birth of the said Edward Andrew Barron afore-
said, for more than one year prior thereto, and
from that day until the 25th day of July, 1881,
the said Edward Barron, deceased, was an I'M
married man; that the said Edward Andrew
Barron was by his said father, Edward Barrou,
deceased, adopted and legitimated during the
period of time that began with the 9th day of
February 1881. the time of the birth of said
Edward Andrew Barron, aforesaid and ended
with the 25th day of July, 1881, during which
period of time the said Edward Barron, de-
ceased, publicly acknowledged the said Ed
ward Andrew Barron as his own child, and as
the issue of himself and Winnifled Barron;
that he supported the said Edward Andrew
Barron during that period of time and there
after that in many ways and otherwise he
treated the said Edward Andrew Barron as a
legitimate child; that he did by such pubic
acknowledgment, provision for, clothing
nourishing and educating, adopt the said Ed
ward Andrew Barron legitimate child.
A demurrer was filed by the Boys and
Girls Aid Society asking that the petition
of Edward Andrew Barron be dismissed,
as it did not state facts sufficient to con-
stitute cause of action.
A long discussion was entered into be-
tween counsel and court on the question
of admitting Mr.. Monteith's written APP
pearance for the guardian of the colored
claimant. The court first ruled it mop
perfume, as Mr.. Montieth had not COM
pleted the service of citation, since Bishop
Riordan's service was imperfect, but on
discussing and rereading the statute the
court considered the statute governing to
mean that once the action is instituted by
petition all the parties are considered il
the same relative position as both plaintiff
and defendants, and must each for himself
set up his claim in a complaint. The APP
pearance of Mr.. Montieth was finally per-
mitted to be filed upon the understanding
that it was not to be construed as the
complaint, which he promised to file
later.
This afternoon Attorney Morehouse pre-
sented batch of pleadings and demurrers,
but no authorization of appearance accom-
panied them. Tor this reason the whole
matter was continued until next Tuesday.