The herald., 1896-01-09
LAWYERS ON BOTH SIDES
Judge Clark Makes a Change in the
Guardianship of a Minor Heir
Some Rather Sensational Developments That
Were Brought Out in Court-Attorreys
Explain Their Position


as they disclosed that some of the attor-
neys engaged in the case occupy the rather
ambiguous attitude of having personal in
terests adverse to those of clients whom
they respectively represent.
The estate has been i'll process of settle
ment for several years, and from first to
last over forty of the 500 members of the
Los Angeles bar have been engaged in it.
Most of these attorneys have been working
on the contingent fee plan. Naturally,
they are anxious for the case to be con-
cluded, in order that they may get such
portions Of their fees as have not already
been received under former partial dstri-
buttons, 1t was expected that the recent
proceedings would be the beginning of the
end, and the attorneys we're apparently
happy IN anticipation of the speedy enjoy
ment OF the fruits of their labcrs. But
they we're doomed to experience the disap-
polntment of further continuance.
1t happened in this wise A portion of
the assets of the Lsonis esta e. and an inn
portant portion, is what is known as the
Escorpion ranch. embracing 1l09.G5
acres. The case has been proceeding on
the understanding that of this ranch five
sixths belong t. the Leonis estate aud one
sixth either to the heirs of Odon, an Indian.
who consist of the two Doinec sisters and
The minor child of heir sister. who is dead,
or to one Robert S. Baker, who is a claim
ant for that interest. No stipulation was
filed to this effect, but the attorneys had in
some sort of an Informal way agreed that
such should be the division of the ranch.
This gave the five-siyths to the Leonis es-
tate without contest and left the one
sixth 10 be con,ended for by the heirs of
Odon and by 3aker.
The Domec sisters are represented in the
case by Attorney Julius Brousseau, and
Brousseau is also guardian ad litem for
the minor heir. Mr.. Brousseau holds "a
deed from the Leonis heirs for an interest
in the Leuni3 estate and q con ract for an
interest from the Domec sisters for por-
tion of theip interest. the fact being that
his personal interest would be subserved
by the larger share of the Escorpion ranch
going 10 thai estate, while the interest of
his clients, the Domecs, and the minor,
would require him to contend against such
a division of the rapch In other words,
by virtue of his interest in the Leopis
estate. in a contest between that estate and
the Domecs he is virtually a party in in
terest, while by virtue of his contract with
the Domecs he is torney for the other
side.
II appears that little time ago the Do
mecs consulted Montgomery & Son as to
tllelr iIltoTeStS tll6 I)TeILlSeSs anu upon
an examination of the abstract by these at
torneys, they advised their clients that in
their opinion their interest in said ranch is
f1ve-twelfths instead of one.siXth, whereas
their attorney, Mr.. Brousseau, WAS permit
ting the case to proceed upon the basis of
their only being entitled to one-siXth, less
one-eight.enth; and further investigation
of the relations between Brousseau and the
Domecs and Brousseau and the Leonis es-
late disclosed the fact that there exists the
conflict above explained between his per-
sonai interest and that of his clients.
Tn view of these facts the Demecs de-
cided to ask Brousseau to retire from the
case and permit Montgomery & -on to be
substituted. A stipulation to this effect
Brousseau Mt his Office for his signature,
but he declined to sign it, and it is alleged,
spoke disparagin of Montgomery
elder, referring 10 him as a lawyer of
rather Indifferent reputation and as not
enjoying the respect of tho courts, and
specifying as evidence that he (Montgom-
ery) had several times been fined for con-
tempt of court.
Montgomery, ST., heard of the dis
paraging statemen alleged to have been
made by Mr.. B ousseau, and when the
case came uD in court he was on hand pre-
pared to explain the situation to The court.
There were some preliminary proceedings
Robarts as one of the executors of the
Leonls estate, in which it appeared by the
proofs OF his own checks that he tRobar 81
had used upw ards of $27OU of the estate
fund. for private purposes, and that
among the uses to which he had applied II
portion OF the amount was the taking of
watch out of pawn.
When these proceedings were out of
tine way Mr.. Montgomery, ST., asked the
attention of the court VIII 10 he explained
certain facts which he thought ought to be
brought to its attention, relating to the
case in hand. Mr.. Montgomery explained
how he came 10 be connected with the
matter under consideration, referring to
the disparaging remarks about himself al
legged to have beea uttered by Mr.. Brous-
seau, and explained that the only time he
ever p lid a fire for contempt of court was
once in the trial of an important criminal
case in Sa Diego, where The lie was given
by the attorney on the opposite side, and
he Lesented it upon the spot, with the re-
suit tha both combalants were fined for
contempt.
MIR. Montgomery stated that ha had no
desire to question the good faith of Mr..
Brousseau as an attorney, and that if he
could be convinced that he was in error in
the opinion he had reached as to that gen.
tleman's attitude before the court, he
montgomery would cheerfully apologize.
He explained to the court how he had been
consulted by the Misses Domec about their
interest in the Escorpion ranch, and n in
vesligating the matter had reached the
conclusion that Mr.. Brousseau could
not properly protect their interests
without adversely affecting his own, stat
ing briefly the facts upon which this opin-
ion was based.
When Montgomery had concluded, Mr..
Dunegan addressed the court on Brous-
seau's behalf, contending Brousseau was
not disqualified for representing the Do
mecs in the wav Montgomery claimed, be-
cause it had been already decided in the
progress of ths settlement of the Leonis
estate that the Odon or Domec interest in
the ranch could not be more than one
sixth.
When Dunegan had concluded. Major
Horace Bell promptly addressed the court
in his own behalf, explaining hat he oc-
cupied the same position in the case as
hroussenu, inasmuch as he is an attorney
for the LeolIis estate and represents Baker,
who claims the Odon or Domec interest.
He explained that he had at times had
doub about the propriety of his position,
but it did not appear that these doubts had
been strong enough to influence him TO let
60 of either client Bell also has deed
for portion of the Leonis esia'e.
Mr.. Brousseau fol owed Major Bell with q
defense OF himself. lie denied having
said disparaging things of Mr.. Montgom-
cry. and entered into long explanation
of his relations with his clients, the DOM
ecs, and the Leonis estate, the object of
which was to establish the propriety OF his
professional conduct in the premises. He
laid great stress upon his Opilou of the