The San Francisco call., 1905-04-25
FATHER GREY
WINS HIS SUIT
Judge Sloss Holds Venerable
Priest Was the Victim
of Fraudulent Practice
ORDERS GOLD RETURNED
Physician Summoned to Ac-
count for Thousands He
Procured by Illegal Acts

Father Peter j. Grey, the venerable
priest, who charged that he was swim
| died out of $4,000 by Dr. Thomas F.
Brennan, has won his case in Judge
Sloss' court. The physician has been
ordered to appear next Monday and
account for the funds he procured
from Father Grey under pretenses of
friendship. The decision of the court
goes into the merits of the case with
out regard for DR.. Brennan's feelings.
and he is the target for much ironical
comment from the court, who. in part,
says:
Truly strange promise, this, on which the
defendant relies to justify his taking over
$4,000 from this confiding old man ON the
mere verbal promise to care for him Tor the
remainder OF his life l inclined rather TO
the testimony or Father Grey that he did not
when he put his name to the papers presented
him by his trusted advisor. 1t is evident that
the fithers mind is not as strong as 1t once
was. while the defendant is in his prime and
in full possession OF mental and bodily vigor.
To say the least the whole transaction has a
very peculiar look.
Taking all the circumstances of the case to-
gether the evidence is not sufficiently clear as
to that alleged agreement The transaction
was consummated between the plaintiff and
defendant alone after the defendant had taken
Father Grey to Paso Robles. No legal or
other advice was sought for two years after
the transfer. Father Grey continued to con-
test the claim OF the Archbishop to the money.
Then he effected compromise. and yet. ac-
cording to the defendant, all that Father Grey
received was property he had given away.
very significant fact is that some months
before the defendant went to Paso Robes with
Father Grey he had the priest examined by
DR.. Lustis, an expert on mental diseases. who
told him that Father Grey was not so strong
mentally as he had been.
After commenting on the suspicious
nature of this action on the part of
DR.. Brennan. the court continues:
The evidence shows that Father Grey found
DR.. Brennan sick and penniless. and in his
ministrations a priest relieved the doctors
needs and brought to his bedside the consola-
tions of religion, finally giving him a new
start SO that he became successful n his pro-
fession as doctor.
of confidence actually existed between the
plaintiff and the defendant and this without
necessarily flows from the fact that one
party is patient and the other physician
There being, then. this relation and the fact
that the plaintiff executed written instruments
to the defendant by means Of which the de-
fendant obtained large sum OF money.
think there can be no question that these
facts bring the case within the well estab-
lished rule throwing upon the trustee who has
entered into any transaction with his bene-
iciary, whereby he. the trustee receives any
advantage. the burden to show the absolute
fairness and justice of the transaction and
that the beneficiary acted with full knowl-
edge and understanding of the facts.
/ conclude that the plaintiff has made out
a
defendant TO be a trustee of the funds drawn
from the Hibernia Bank and this entities him
TO the further relief of accounting for the
purpose of ascertaining what the trustee has
Jone with the funds and where the proceeds
are now.
Whether in any such accounting credit should
be given the defendant for the expenditures on
behalf of the plaintiff and what should be
allowed for services may be considered when
the matter of the accounting is presented
The facts upon which Father Grey
sued DIR. Brennan are these: In 1889
DIR. Brennan secured three orders on
the Hibernia Bank from Father Grey
and two years later, after the litigation
between Father Grey and Archbishop
Riordan was compromised, DR.. Bren-
nan drew s37,524 13 from the bank
and placed 1t to his own credit in the
Anglo-Californian Bank. He followed
the same plan in reference to $4,000.
secured from outstanding accounts of
the priest, and finally divided all of
the funds thus obtained among sew
eral repositories and refused to make
an accounting. Father Grey caused
the arrest of DIR. Brennan on a GRIM
inal charge and during its pendency
instituted suit in the civil courts to
recover the funds. Father Grey has
won his victory and DIR. Brennan, who
is now in Los Angeles, has been sum-
moned to appear next Monday and
tell where the funds are located.