The record-union., 1897-11-18
FRAUD ALLEGED.
SENSATIONAL SUIT FILED AT
SAN FRANCISCO.
Housekeeper Of a Deceased Capt.
talist Makes Charges Against
the Latter's Son.

SAN FRANCISCO, Nov. IA suit
of a decidedly sensational character
was filed in the County Clerks office
to-day. The plaintiff is Nellie O'Don-
nell, and the defendants are Henry L.
Byrne, Cecilia Byrne, Daisy Byrne,
Maria S. Murphy and Eugene P. Muir
ply.
Last September J. NJ. Byrne, capi-
talist and real estate owner, died. Mel
lie O'Donnell, the plaintiff had for
many years been the trusted house
keeper of Mr.. Byrne, and upon numer-
Gus occasions he had declared his in
tention of making suitable provision
for her maintenance after his death.
Shortly before his death Byrne took
from safe which he had in his house
an envelope indorsed with the name of
the housekeeper. The envelope con-
tained 200 shares of the capital stock
of the Market-street Railway Company
5O shares of the capital stock Of the
Spring Valley Water Company, and
other stocks and bonds, of which a de-
scription is not given in the complaint
Upon this occasion it is alleged that
Byrne Informed Miss O'Donne1l that he
had given her the stocks contained in
the envelope, and had made the amount
sufficient to afford her a comfortable
support during the remainder of her
life
The confidential relations existing be-
tween Mr.. Byrne and his housekeeper
We're such that she alone was intrusted
with the combination of the safe. Upon
the death of Byrne it was found that
he had left q will disposing of the bulk
of his estate to his relatives, but max
ing, it is said, no disposition of the
stocks and bonds given, as alleged, to
Miss O'Donnell.
Miss O'Donnell says that on the day
after Byrne's death Henry I. Byrne
called at the house and demanded the
combina ton of the safe He was ac-
companied by his wife and daughter
who, IL the present suit, have been
made parties defendant. He insisted
upon his right to open the safe and
examine the contents. Miss O'Donnell
at first demurred, but, as Byrne was
extremely insistent, she at last allowed
herself to be prevailed upon to give up
the combination.
On the following day the executors
visited the house and made a formal
examination of the safe and an inyen-
tory of its contents. Among other pa
pers they found an envelope addressed
to Miss O'Donnell that contained
twenty-five shares of the capital stock
of the Spring Valley Water Company,
but the other valuable stocks. including
200 shares of the stock of the Market
street Railway Company, which Byrne
had, as it is alleged. given to Miss
O'Donnell, We're missing.
Upon the above statement of facts.
Miss O'Donnell predicates her suit. In
particular, she accuses Henry l.. Byrne
of having fraudulently converted the
stocks to his own use, and in support
of the allegation she points to the fact
that since the death of his father.
Henry L. Byrne has caused to be trans
ferred to him on the books of the Mar
ket-street Railway Company 200
shares Of stock. On the part of the
plaintiff, it will be contended that these
are the identical shares of stock given
to her by ]. NJ. Byrne, and that the
son abstracted them, together with 9th
er valuable securities, from the envel-
ope deposited in the safe in her name