The San Francisco call., 1905-06-10
PAXTON TAKES
PAUP[R'S OATH
Files Affidavit in Which
He Asserts That He Has
Lost All of His Wealth
FORMER WIFE DOUBTFUL
Ayers That His Plea OF Pow
erty Is Raised Only to
Defeat Children's Suit

Blitz w. Paxton. ex-president of the
Santa Rosa Savings Bank and reputed
capitalist has made oath that he Is
pauper. without salary, without income,
with all his property mortgaged ana
himself a victim of rheumatic gout all,
with the exception of the gout the re-.
suit of ill-advised speculation In oil ana
quicksilver. His former wife, Mrs. Bes-
sic E. Paxton, under oath denies that
he is without money, asserts that ne Is
rich and that his oath is made In keep
ing with his threat that he would con-
tribute no more toward the support or
his blind son, John A. Paxton, and his
invalid daughter, Roma. In addition
she hazards the opinion that his rheu-
matte gout is the result of high iiv-
ing-high living he has enjoyed while
his unfortunate son gropes through the
world in eternal darkness, his sightless
eyes calling for pity from all the world
save his father.
Paxton's affldayit was filed yesterday
in resistance to the motion of his chill
dren for temporary support pending the
result of their suit for permanent main
tenance. His lawyers, James w. oates
and John M. Burnett, are taking advan-
tage of every technicality to save MIN
from defeat, but thus far they nave
been unsuccessful. Judge Graham has
~
venue to Sonoma County, has refused
to reserve the question Of maintenance
for the final hearing and is now pro-
ceeding to determine the rights OF all
PAXTON LOSES A POINT.
Paxton's attorneys aver that there is
no specific provision in the law for the
payment of funds by a father for the
maintenance of a child pending a final
decision. In answer to this Attorney
Charles T. Hanlon, representing the
children, replied that equitable power
is vested in the court to make an order
for the payment of funds for main
tenance whenever the power vested n
the court to make the final order. Judge
Graham held that this point was we'll
taken and ordered to the hearing to
proceed.
In his affidavit confessing that he Is
a pauper, which was first read by his
counsel, Paxton said that through his
illness he had been compelled to relin-
quish his position as president of the
Santa Rosa Bank, which netted him an
income of SITS month. Then in ad-
dition to this salary he said he used
TO enjoy an income OF $125 a month
from certain properties and came
into possession of wealth from the
estate of his father, John A. Paxton,
and also inherited property from his
mother, Hannah Paxton. But all or
this, he says, has gone In speculation
in oil and quicksilver, his properties
now being mortgaged for all they are
worth.
MRS. PAxToN,s ANSWER.
In answer to this Mrs. Paxton said
her husband had come into possession
of $4,000 from the estate of his
mother, in addition to half interest in
the Madrona Knoll ranch in Sonoma
County, for which $150,000 had been
Offered. She was positive that he was
a very rich man and that his affidavit
was fled in an effort to defeat the chill
dren of living. In support of her
contention she presented a letter writ
ten to her by her former husband, in
which he said:
1 have had q number of doctors bills sent
me. l shall pay none Of them II l can help
be compelled TO pay anything on them will
deduct the amount and expenses from the 500
provided for in our agreement. You had bet
ter read it again. You may as well realize
first as last that shali n never a pay ,hs you .ba
stand squareiy on my legal rights under that
contract.
Next August, says Mrs. Paxton, the
agreement referred to in the letter runs
out. 1t was to exist but eleven years,
though she claims that it was signed
by her without proper advice and she
was led to believe that it was to be
for life. When August comes, she says,
she will be without a person to turn to
and unless the court will compel Pax
ton to support his children she will be
thrown on the world without a dollar
to care for her blind son and invalid
daughter.
After hearing this testimony Judge
Graham ordered that the case be con-
tinued until next Friday, at which time
he demanded the presence OF Blitz w.
Paxton and his brother, Charles Paxton,
both of whom will be called upon to
testify under oath as to the value of
the holdings now In the possession Of
the man that swears in an affidavit that
he is bankrupt.