The record-union., 1897-01-30

tackled in his own name the deed Of
trust and also asked that his brother
Philip be removed as trustee.
The case came to trial finally on May
D. 1896. At the trial an effort was
made to have the trustee removed at
once and a receiver appointed. But the
trial was closed without the appoint
ment of a receiver, and the case was
taken under advisement by the court.
On May u, 1896, the Judge appointed
a receiver, without any reflections upon
the trustees management.
When the receiver was appointed the
only property remaining after the ad-
vancementS to Emanuel was the wild
ow's residence at Sacramento and $50
00O in United States bonds. The Judge
directed that these bonds should be de-
liVered to the receiver on June I'd, at
the vaults of the California Safe De-
posit and Trust Company in San Fran
cisco.
The I'd of June came, and the receiver
went to the vaults of the Safe De-
posit Company, but Philip Open
helm, the truetee, came not. On inquiry
it was learned that the trustee had sew
No attempt had been made to serve the
order appointing the receiver and di-
recting the trustee to deliver the bonds
to him. and hence it is claimed the trus
tee was not in contempt of court for not
making the acquaintance of the receiver.
It has since developed that the trustee
was fearful that the court might break
the deed Of trust and throw the whole
estate back into the hands of the mother,
where he feared the younger son would
get it and squander it, hence he shifted
the bonds to other vaults and betook
himself to Canada.
Newspapers of this city and San Fran
cisco came out with glaring headlines to
the effect that Philip Oppenheim had
betrayed his trust and fled to Canada.
Shortly after Philip went to Canada
there was procured from the Grand Jury
an indictment against Philip for perjury,
in swearing at the trial of the case
that he had the bonds in the vaults Of
| the California Safe Deposit and Trust
Company. The indictment for perjury
was found, though the clerk of the Safe
Deposit Company came to this city and
testified that Philip Oppenheim had a
| bOA III IiIc COHlJdiiS vaults. NO dl-
| tempt was ever made to extradite Philip,
| but the indictment was used by the
younger brother to keep him away.
The bonds being in San Francisco and
| Philip in Canada, he could not get at
| the coupons, and pretty soon Emanuel
| began to complain to the court that
| Philip was Withholding the income and
| starving his aged mother. This move
on the part of Emanuel seemed to have
| greatly disturbed the Judge, and he
| made an order, at EmanueTs request,
| that the residence be mortgaged to raise
| funds for Mrs. Oppenheim to live on.
! When the old lady heard that her
| home was to be mortgaged, she got out
and made a move herself. She demanded
q hearing before the court, and on the
23d of December, 1896 she went into
court and compelled a substitution of
attorneys in her behalf and declared
that the suit was never brought as
prosecuted in her name, was never
authorized by her, and then and there
demanded its dismissal.
| She testified further that she lived very
comfortably, had not suffered for any
| thing, and protested against the mort
| gaging Of her home. The order to mort
| gage was at once set aside, but the suit
| could not be dismissed because of Eman-
| uels cross complaint.
| On the 9th of this month the Judge
| announced his final decision, unfolding
| the deed Of trust, and declaring his in
| tention to appoint another trustee in
place Of Philip.
| PHILIP SATISFIED.
| AS soon as Philip learned that the
deed of trust had been sustained he
| made his arrangements to come home.
| He arrived in San Francisco yesterday
| and at once went to the vaults of the
| Union Trust Company in that city, with
| reporters and others, exhibited the
| bonds, and proved by the officials of
! the Trust Company that no one had been
to the box since it was rented to him
| on May 26th last, until the visit yes
| terday.
Criminal Arrangements.