The record-union., 1899-09-24
THENUSBAUM GUARDIANSHIP
THE OLD COUPLE WERE IN
COURT YESTERDAY.
Judge johnson Heard Testimony
and Will Appoint Guard
ian Tomorrow.

A. B. G. Nusbaum and his wife, Lu-
cretia j. Nusbaum, were in Judge
Johnson's court yesterday morning III
relation to the application OF AiIrea
Olson and Caesar Rodoni for appoint
ment as guardians for them.
The letters of guardianship are ask
ed for on the ground that they are IN
competent to manage their properly,
which is of considerable value, ana Iiidl
it would be frttered away IL IL was
not taken care of for them Inc ola
couple had not attended court the ody
before, and Judge Johnson had directed
the Sheriff to bring them into court
yesterday morning.
Heretofore it has been very difficult
to serve any papers on them, and when
served they burned or tore up the pa
pers, and generally denied the officers
admission to the house. Deputy Sher-
ifs Schwilke and Conran went up to
the Nusbaum residence yesterday
morning and with Constable j. P. Bris-
sell watched chance to arrest the
couple. Brissell went to breakfast and
while he was gone, Mrs. Nusbaum went
out to mail letter, and was appre-
hended by the Deputy Sheriffs and
her husband, learning what had hap
pened to his wife, came down to the
Jail TO find out why she was arrested
and he was also detained till court
opened
Judge Johnson told the couple that 1t
was claimed they were incompetent to
manage their property and their friends
We're afraid that unless a guardian was
Tod fa1s WO1Il6
all by the foreclosure of the mortgages
on it.
Mr.. Nusbaum asked what mortgages
and property was referred to.
Judge Johnson said he referred TO a
judgment rendered against them III
Placer County for about $1,000 under
which the property was sold for ST.
600, leaving a deficiency Judgment, and
the redemption right would expire very
soon.
Mr. Nusbaum said he had never heard
of any such proceedings and did not
owe any one in Placer County.
J. Frank Brown, attorney for Olsen.
stated that he had filed a complaint
charging the couple with insanity.
Deputy Constable Brissell testified
that he served a summons on Mr.. Nus
baum and was forced to place it in his
vest to complete the service and the
latter then threw it away.
Nusbaum said he did not know Xii
gore, who had obtained a Judgment
against him.
Constable Alter testified TO serving
papers on Nusbaum and that Mrs. Nus
baum took the papers from her husband
and burned them.
Nusbaum stated that he took as good
care of his property as any one did,
and that the reason he was not in court
the day before was that he was out
of the city, but Judge Johnson remind
ed him that the paper had been served
several days before.
W. l. May, Deputy Sheriff of Placer
County. said the couple were brought
before the court there and considered
) harmlessly insane and allowed to go.
Last year a valuable piece of land was
foreclosed under mortgage. When the
papers We're served on them they tore
them up. The property was worth
$1,000, and it was bid in for 81 600.
The Nusbaums put in no appearance
Mr.. Nusbaum denied the statement
that he tore up the summons. He did
not believe the officer had ever been
TO his house
A. NJ Seymour testified to a case
against the couple and described their
action in il. He thought they were
unquestionably incompetent TO trans
act business. He charged them $50 a
day for his services and Mrs. Nusbaum
said several times that she could not
pay it, and did not agree to pay it un-
til the case was in court. In the mean
time he had gone on and prepared the
case
Judge Johnson said it was unneees-
sary to multiply questions. The case
referred to by Mr. Seymour was tried
before him and the defendants paid
no attention to Mr.. Seymour's COM
munications, and made no appearance
in court He cited Mrs. Nusbaum, but
when she appeared in court he was con-
vinced that she was unsound of mind
and he permitted the case to be re-
opened He came very near appoint
ing guardian ad litim for her at that
time. It was clear that they would
permit their property to slip away from
them, because they will not pay atten-
ton to legal processes. The Placer
County judgment would eventually eat
up all their property if it was not sat
isfied.
Mr. Nusbaum insisted that he was
capable of taking care of his property
himself and needed no one to do it for
him He thought he could, as we'll as
another, pay off the judgment, but the
court said that as he had taken nc
steps to do so and the property was tc
be sold in a few days, he would have
4 to appoint a guardian for them, and
unless Mr. Nusbaum had some person
he preferred, the court would have tc
appoint a suitable person.
A Olsen and c. Rodoni testified as
to the value of the property involved
The latter said he had collected rents
and transacted business for the couple
for nearly a year. There was a CHECK
from a life insurance company, but Mr.
Nusbaum would not accept it.
Mr. Nusbaum said he would not ac-
cept the check because it was for about