The herald., 1897-11-11
OLD LAssHLL's Trouble
Another Side Of the Story of His Be
ing Defrauded

lug 0SAxWUuoO
Further exploitation of the peculiar
relations existing between old man Las
sell and William Campbell was made
yesterday before Judge Van Dyke. The
70-year-old plaintiff, with his witnesses.
finished his narrowing tale, and the de-
tense set up a series of facts by witness
es that cast a somewhat different COM
plexion upon the agreement entered into
between Lassell and Campbell.
In the first place. the defense contends
that the twenty-nine acre ranch at Dow
ney. which Is the bone of contention, Is
not worth more than $500. AS Lassell
claimed 1t was worth $S500. there Is u
wide margin Of difference. At the time
when the arrangement was entered into
by virtue Of which Campbell promised to
support Lassell for the remainder of his
life. and the latter promised, on his part
to convey to Campbell the ranch with
all its belongings, there were certain in
cumbrances upon the property in addi-
ton to the mortgage for 5000 made to
Miss Emily Whelan. Lassell had at a
previous time entered into an arrange
ment with one A. F. Colby similar TO
the one now in dispute with Campbell,
and getting tired of it sought to recover
his property, just as he is now dong.
And he got it. too. for the court gave
him Judgment. The law firm OF Law
son & Ardis charged the old man SSoo Tor
their services in that case, and when
Lassell failed to pay up put an attach
ment on the ranch. Then there was
further incumbrance by declaration or
homestead made by Lassell and his wife
in December, 1886; the interest on the
mortgage was overdue and the mort
gagee was threatening foreclosure pro-
ceedings.
That, it is alleged by Campbell, was
the status of affairs when he and Lassell
entered into their agreement. The old
man was very far from being feeble in
mind, whatever he may have been in
body, but was fully aware of his rights
and had keen eye for the main chance.
He was in a financial hole and he knew
it, realizing that if he did not get as
sistance somewhere he would be ousted
from his property. His wife having been
declared insane, it was not then possible
to raise a loan in the ordinary course Of
business, as she had been included in
the declaration of homestead. In his
extremity old Lassell made the PROPOSE
ton, already set out at length by him
yesterday, that he should deed the
property to Campbell if the latter would
care for him during the remainder of his
life. Campbell's attorney advised him
that as the property was incumbered the
only way in which he could obtain
good title to it would be by foreclosure
of the mortgage of Emily Whelan, then
due: also that the legality of any agree
ment to care for the plaintiff during his
lifetime in consideration of the convey
ance of the ranch would be doubtful.
This advice was conveyed to Lassell and
the agreement was made Campbell
took possession of the ranch at once,
had the attachment lifted from the
ranch by paying the lawyers bill-or,
rather compromising by paying part
of it-and from that date has taken ev-
cry care of the old man.
Campbell comedies that he is poor
man and that is about the only allega-
ton made by Lassell that he does con-
cede. All the little frills and furbelows
of assertion put forward by Lassell the
defendant emphatically denies, but SIM
ply claims that he undertook to care for
and support the old man, and the latter
agreed to conduct himself properly as
a member of Campbell's family. This
he has done and is doing. Lassell was
urgent that the foreclosure suit should
be begun and the title transferred, and
as the mortgage was due and Lassell
had no defense against such foreclos-
ure, it was the only means of conveying
the title. The court took this view of the
question yesterday and incidentally re-
marked that under the circumstances
the foreclosure suit was a perfectly
proper proceeding.
The amount paid out for lifting the at
tachment, making the purchase on fore
closure by Emily Whelan, improve
ments made on the ranch. ETC.. all set
out by Campbell as making grand to-
tai of sS6775, not to mention any value
that might be placed up his personal
services.
A rather funny point in the case is
that while Lassel's attorneys in his suit
to recover possession of the ranch In
the suit against Colby placed an at
tachment upon the property to recover
$500 for their fees, which Campbell lift
ed and paid out, the old man again re-
tanned the same attorneys to represent
him in the present suit.
Among other Of the witnesses who
testified yesterday was the Rev. j. Kirk
patrick of Downey under whose minis
trations the plaintiff had sat. He testi-
fled that old Lassel was well treated and
cared for at the Campbell place, and
that plaintiff told him so. He told the
witness that the children annoyed him
somewhat but that was ALL
Dr. Rowley, who had been Lassell' S
family physician, also testified to the
same effect and failed to corroborate his
patient with regard to the exceeding
feebleness of his mind.
]. C. Rieves and c. D. Wilbur counsel
for the Defense both testified to the
difficulties that had arisen between
Campbell and Lassell. The old man
had threatened to kill Campbell and
burn the house down, and while con-
versng at one time with Mr.. Rieves
made some mention of a revolver, and
in that connection said: Campbell had
better make his peace with God and
make his calling and election sure. P"
Mr.. Rieves said that the remark sound
ed like scripture, but he confessed to a
haziness of mind as to whether it real
ly was or not.
ALTOGETHER TOO FORGIVING