The record-union., 1899-12-18
MIx-UP IN The BYROD CASE.
DEVELOPS NEW AND INTER-
EsTING FEATURES.
Byrod Charges Attorney Rhoads
and Jailer Kelly With Con-
spring to swindle Him.

An Oakland letter of Saturday, pub
lished in the San Francisco enron
icle' Of yesterday has this to say OF the
Byrod estate case, which Is pending IN
the Alameda Superior Court:
Sensational charges against AT
torney William w. Rhoads and George
w. Kelly, both Of Sacramento, are con-
tanned in a document filed in court to-
day by Chapman & Cliff, attorneys for
Frederick w. Byrod. George w. Kelly
is County Jailer in Sacramento and
holds an assignment from Byrod Of the
latter's interest in the estate Of Sarah
B. Byrod. Kelly has petitioned to have
the estate, valued at $3,724.78, dis
tributed to him in this county, where
Mrs Byrod died and where her estate
is being probated.
"In an answer filed to-day in behalf
of Byrod the latter charges that Kelly
and Attorney William w. Rhoads gam
ed his confidence by representing TO
him that Darwin C. de Cola OF this city
and Frank D. Ryan Of sacramento
would 'swindle and cheat him out OF
the inheritance due from his deceased
wife, if he did not permit Rhoads anu
Kelly to advise him.
"Byrod further asserts that he was
induced to make his will in favor or
Kelly by like Misrepresentation, but
later he demanded and recovered pos
session Of the document. But, he says,
that on June Oath of this year he was
induced to sign and acknowledge an as
signment of his Inheritance to George
w. Kelly, which acts, he charges, were
the result of fraud, Misrepresentation
and deceit practiced upon him by
Kelly and RhoadS.
COPIES of Byrod's answer charging
the two Sacramento men with having
thus schemed to get control of his es-
tate were served on Kelly and Rhoads,
who were in Judge Halls court to-day
They were given until January 9th to
study over the situation thus developed.
1.-THE above is but another chaper in
the history of an estate which has been
replete with startling incidents. Mrs.
Sarah B. Byrod was a teacher in the
public schools of Oakland for years and
was generally supposed to be widow.
Until after she died her husband was
not known to any of the friends she had
here. Then he was discovered in the
Sacramento Jail. He had been addicted
to strong drink and while in prison
came under the notice of Jailer George
w. Kelly.
LAS soon as Byrod ascertained that
his wife, from whom he had been sep
arated many years, had left an estate
he engaged the services of attorneys
and assigned his interests to them. One
way and another there have been num-
erous lawyers interested in the estate,
and no less than six are now represent
ing some phase of the matter.
Ex-District Attorney Frank D. Ryan
of Sacramento, at one time engaged by
Byrod, was later dismissed. Darwin
c. De Cola holds an assignment from
Byrod of the entire estate, and has
agreed to give him back half of it after
final distribution.
Thomas F. Clarity was at one time
a Byrod attorney, but has dropped out.
Hiram Leuttrell was attorney for G. r.
Ellsworth of Washington, D. c.. a
nephew of Mrs. Byrod's who proved to
was discovered alive.
freeman & Bates were attorneys for
several legatees in a contest, which
resulted in knocking out of Mrs. By
rods will a legacy to the Home OF
truth. H. =. lie Ioiid appears as Hio
own attorney George E. de Cola is
attorney for the executrix of the will.
William w. Rhoads is attorney for
himself. his claim being that he was
engaged by Byrod, advanced him
money and rendered him valuable SER
vices.
~. c. March is still attorney of rec
ord for Kelly, but has told the latter
that he will not come to Oakland again
on the case, and Kelly has announced
that he will have Attorney Turner to
represent him hereafter.
Lastly, Byrod has hired Chapman &
Cliff, and seeks through them to have
the assignment of his interests to Kelly
nullified and that made to Darwin c.
de Cola approved by the court"