The record-union., 1896-12-24
WANTS THE Case DISMISSED.
Another Sensational Turn in the 0ppen.
helm Case.
Pnilip'S Mother Gets Another Attor-
ney-ASks That Her Son Con.
tinue as Trustee.

Inc now celebrated Oppenheim case
oook another and a somewhat sensa
uonal turn yesterday.
MRS. Louisa Oppenheim, widow Of
raphael Oppenheim, appeared before
Judge Prewett and asked that the judg-
Lnent entered against her SON Philip be
Set aside, that all proceedings against
MN be Quashed, and that ]. H. McKune
De substituted as her attorney instead
or Albert NJ. Johnson.
In granting the motion for the sub
stltution of attorney Judge PreWett
took occasion to compliment Mr.. john
son for his able conduct Of the case
and excused Mrs. Oppenheim's criticism
of him on the ground that she Is in a
nervous and troubled condition of mind
over the case on the outcome of which
depends all her hope for future mainte-
nance
7. T. Brakeman of San Francisco
counsel for Philip Oppenheim. con-
CURED in Judge Prewett's remarks, but
at the latters suggestion that Mr.
Johnson be retained in the case as
"amicus curae," Mr.. Brakeman said he
would have TO object. The order was
made however
Arguments were then made by Judge
McKune on behalf of Mrs. Oppenheim,
the plaintiff, and by Mr.. Brakeman for
Philip Oppenhein and his sister, Mrs.
Callie Thompson, to have all the pro-
ceedings dropped, but this was opposed
by Devlin 81 Devlin, attorneys for
Emanuel Oppenheim, who claimed that
the young mans interests would not be
safe.
Mr.. Blakeman's proposition was
about like this: Within a week Philip
Oppenheln would present himself here;
that he show that the Government
bonds (Which constitute the estate held
liz trust by hin) are intact, and that he
would give a satisfactory bond for their
future security, if the suit to oust him
as trustee were withdrawn and the in
dictment against him quashed.
Mr.. Brakeman said he was certain
that Philip Oppenheim's only desire had
been to preserve the estate left by his
father; that it was to prevent it's be-
ing wrecked that he had allowed him
self to even disobey an order of the
court by placing himself outside its
Jurisdiction. Mrs. Oppenheim had said
on the witness stand that she had no
desire to prosecute any suit against
Philip, and even declared she was not
aware that she was the plaintiff in
case the complaint in which declared
that she had no confidence in him and
asked the court to GUST him as trustee
of the estate.
OF the four members of the family,
said Mr.. Brakeman, who are equally
interested IN the estate, but one
QmanueD opposed the withdrawal Of
the suit and the retention Of Philip as
trustee. It was he (EmanueD who had
stood IN the way OF the case having
been compromised some months ago.
Mr.. Brakeman said he did not wish
his proposition to be construed as
threat, but he could see no other means
of settling the case and restoring to all
the parties their rights in the estate.
Philip OppenheiIn is, he said, a man Of
such stubbornness that he cannot be
influenced against his will. He Is be-
yord the jurisdiction OF the court, and
the bulk of the estate is now at his
mercy. He had committed a contempt
of court but had been indicted for fell
ony. Until he had a guarantee or
promise that this indictment would be
dropped, nothing could get him back
here.
On the other hand, said Mr.. Blake
man, If Mrs. Oppenheim, the plaintiff,
can have her desires carried out, and
assurance given that these proceedings
will be dropped and Philip retained as
trustee Of the estate, he will be here
within a week. prove than the bonds are
safe and pay over the income Of the
estate for the months that he has been
absent.
After arguments pro and con by all
the attorneys in the case, Judge
Prewett took the several motions under
advisement, saying that he would de-