The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1907-10-26
ADMITS TAKING
LARGE SUM FROM
H|TE's ESTATE
Executor Berlin Confesses
Converting $o5,OOO to
His Own Use
MAKES PREPARATION
Deeds Over Mining Stock
and Nevada Realty
to the Heirs
MAKES PREPARATION
TELLS TALE IN COURT
Businessman and Former
Attorney for "Squawrnan'
Firmly Faces Ordeal

That he used So5,0o0 of the estate of
John R. Hite while acting as its
executor was the sensational adnis-
sion made by F. A. Berlin, prominent
Alameda businessman, in Judge
Cofey's court yesterday afternoon.
Berlin was suspended as executor
of the estate a few days ago on COM
plant of the heirs, who said he was
misusing the funds, and the proceed
ings yesterday were on a citation to
show cause why he should not be de-
posed permanently.
Berlin made every effort to evade
answering the question, but was forced
to do so finally by the court
What was the amount of the estate
when you were appointed executor?'
asked Attorney Creed. who represents
some Of the heirs.
TT was valued at s25s,ooo." was the
answer.
What were the expenditures of the
estate?"
"s12s,747," said Berlin briefly.
What was the amount you had on
hand on October 1877"
"s2,ooo." said Berlin. after slight
pause
What became of the remainder of
the Tnoney2'' =
''If it please the court said Berlin.
I'VE have come to q. point where an
answer might incriminate me in fu-
ture proceedings and"
DO you decline to answer" persisted
Attorney Greed.
IF am in position to object will
not answer any question which might
incriminate me-" said Berlin.
AS trustee you are forced to render
an account" said Judge Corey.
Berlin flushed, hesitated for a mo-
ment and then in q voice which was
perfectly steady and distinct said:
Il have used 1t for my personal ends.
I have invested it in real estate and
mining enterprises"
Except for the flush and the pause.
he showed no sign of emotion. He had
apparently nerved himself for the task
and succeeded IN going through the
ordeal without a culver. In an i'm
passionless voice he then went on to
recount the tale OF the transactions.
OF the money $4,000 had been invested
In Nevada mines and 100000 in Rhyo-
lite real estate. The latter invest
ments, he said, had increased. but the
mining values had been deprecated. On
being questioned he said that the prof
its of the sales of certain mining
stocks had been invested in his own
name in real estate and added to his
private banking account.
Since the proceedings he has decided
over the Rhyolite real estate to the
heirs and transferred the mining stock
to them also.
If" said Attorney Creed, 'rhe real
estate values would rise. you would not
consider part Of the profits as your
share?"
I would not YVES the reply
And II by any freak of fortune
some Of these mining ventures were
found to contain gold and rose in value.
you would not claim the profits?"
Il would not"
You wish it to go on record that
both the real estate and the mining
shares are rendered by you to make
up the discrepancy in your account?'
Il do" was the quiet answer.
The hearing will be continued on No
vember 6. when Berlin will give a de-
tailed account of his transactions. AS.
he has made almost full reparation to
the estate it is probable that no Grim
inal action will follow.
Berlin was the attorney for John r.
Hite during the latter's lifetime and
on his death was appointed executor
without bond.
Hite was well known "squawman''
of Mariposa county, being married to
an Indian woman generally known as
Indian Lucy" After 20 years OK
welded life Hite left her and she SCI
cured a divorce. Hite settling the suit
for $4,000