The herald., 1896-03-06
Julius Br0usseau Claims to Have
Been Defrauded
OF HIS HOUSE AND LOT
Arrested Is q Drunk and Now Looks
Like Forger
6iilett Found Guilty In the United States
District Court-A Friendly Railway
Suit to settle Right Of Way

against itself cannot stand" occupied the
attention of Judge Pierce, in department
three of the superior court, yesterday.
The aged and feeble father of Judge
Brousseau appeared in an action to compel
bis daughter, Mrs. Lizzie Sage, to reconvey
to him his home at 1887 Star street. in this
city, which property was obtained un-
der rather curious circumstances.
The old man is bent with years, he giving
his age when on the witness stand as S3.
In November of last year he lost his wife,
and the fact of his life-partner being taken
from him after sixty-three years of welded
happiness appeared to break him entirely
down. He claims that his daughter Lizzie
about this time besought him to make his
will, and when he consented brought to the
house Judge D. P. Hatch. She read the
document to him, and he being physically
weak and in consideration of her promise
to nurse. care for, support and maintain
him for the short remainder of his life,
signed the document. which he understood
was his will. W. C. Petchner was present
and acted as notary, and the act was com
pleted.
At latter date Mr.. Brousseau discov.
cred that the document he had signed was
deed of transfer conveying the house and
lot on Star street to his daughter. The
considerate kindness of Mrs. Sage
changed and she became cross and abu-
sive, she permitting her son, young fellow
of 20 years, also to act disrespectfully to
his grandfather. The old gentleman's
feelings were further outraged by his
daughter allowing horse which she owned
in her own right to tramp!e the flowers in
the garden which his deceased wife had
taken pleasure in tending.
The household expenses had so increased
since his wife's death that, previous to the
alleged fraudulent transfer of the property
he had been compelled to place q mortgage
OF $500 upon it in order to pay the current
household expenses. Being tired of the
constant friction and chatting under the
trick played upon him, Mr.. Brousseau
asked his daughter and son to leave him in
peace. They refused, however, to go,
claiming that they had right to remain
where they were. Then the old man, in
January last, had deed prepared recon-
yeying the property back to himself, but
Mrs. Sage had a very decided objection to
signing any such document, but did fur
Their seek to control her father by taking
possession of the deed of title to the burial
lot in Evergreen cemetery.
In order to settle the matter decisively
and get rid of the human incubus that op-
pressed him, Mr.. Brousseau instituted the
present suit in order to compel Mrs. Sage
to execute such deed of conveyance as to
vest in him the title to it.
After the examination of the plaintiff
Judge Hatch was put on the stand by the
1nf ina heb baI hirS
ness to attend to elsewhere. The evidence
of this witness was in direct conflict with
that OF Mr.. Brousseau, as given on the
stand and also as set out in his complaint.
Briefly it was to the effect that he was
called by Mrs. Sage to see Mr.. Brousseau
about making his will. He conferred with
the latter when neither his daughter Or
anyone else was present. The old xlan
was anxious about the expenses attending
the probating of his will and when told
that altogether such expenses would aggre-
gate about $500 he was much disturbed
The witness asked him if he had irrevocab-
ly determined to leave everything he pos
eessed to Mrs. Sage, and upon being an
swered in the affirmative, advised that in
preference of making will he convey the
property to his daughter. Mr.. Brousseau
was satisfied with this and at the same
time requested witness to draw deed of
mortgage. as Mr.. Francisco. a storekeeper
in the vicinity. was ready to advance $500
upon it. When the papers were prepared
Mr.. Francisco refused TO advance the
money without stating any reason, al
though witness inferred from what he said
ut the time that he was afraid the old man
was about to die. The money, however,
was ultimately obtained elsewhere and the
deed of conveyance to Mrs. Sage duly
signed.
10 answer to the specific interrogatory of
the court. the witness said that at the time
hny a tl,,t
Mr.. Brousseau was not in a sound mental
condition.
A. nj. Francisco. who keeps store close
to the Brousseau place, was the next wit
ness, and in certain very essential particu-
MRS contradicted the testimony of Judge
Hatch. He testified that the condition of
Mr.. Brousseau Immediately after his wife's
death was such as to incapacitate him from
doing anything or taking interest in any
thing. He was more or less continuously
weeping. The reason that Mr.. Latin, the
gentleman whom he had procured to adj
vance the mortgage. refused to advance
the money on the property was because he
discovered that the insurance papers were
made out in the name of Mrs. Sage, and
she told them that the other papers would
be made out in her name also. They were
willing to lend the money to Mr. Brous-
seau, but not necessarily to his daughter
under the then eXisis'ing circumstances.
Regarding the household expenses of
the Brousseaus, the witness stated that
they increased very materially after Mrs.
Sage arrived. While not positive, he be-
lieved that all the ordinary necessaries of
life were purchased from him, and when
the young maD Sage came over TO the store
to order things he always had them charged
up to the account OF his grandfather.
Under cross. examination witness con-
ceded that the negotiations for the loan of
money were begun with him bv Mr.. Brous-
seau previous to his wife's death. The
old man had repeatedly. too, spoken about
making his will and dividing his property
among his children, but never could de-
termine what to do.
Judge Brousseau, upon taking his seat
upon the witness stand, gave his age as 81
years, provoking the court to remark that
he was ten years older than he. the court,
had thought. Truth to tell, the witness
presented marvellous appearance. con-
sidering his age, and did not look one day
over so years.
This witness testified that his father had
been millwright for fifty years and had
built the house upon Star street about five
years ago. His father had consulted with
him on all business affairs exclusively I'M
til last June and not after that time until a
few days before the commencement of the
present action. just before his mothers
death his father appeared to become child
ish. and not in any way himself, and after
ehe passed away he didn't appear to be ra-
tional.
It will be noted from a perllsal of the
above ~ lopsis of the testimony given that
either one side or the other is making an