Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-12-18
LOSE $4,000 SUIT
AGAINST WOMAN
Judge DUNCAN Non Suits Action
of William MagiII Against
Mrs. Julia TouIrnIn.

Despite her fourscore years and
their accompanying disabilities, Mrs.
julia Toulmin, Of Verona, was present
In the Circuit Court today when the
trial of a suit against her came up,
and that she might better hear what
the witnesses said took seat beside
the stand.
When her counsel, Grant C. Fox,
made motion for non-suit of the
action, which was granted by the
court, because the plaintiff failed to
show that he had been engaged to act
as her agent, the woman showed keen
delight and left her char smiling.
This was not Mrs. Toulmin's first
day In court. Since she met Lemuel
l.. Phipps, in 1910, her legal difficulties
have piled up in the courts OF New
York and Kings County, N. Y, and
In -chancery and the civil courts OF
New Jersey. Her misplaced confidence
in Phipps, who she alleges in her bills
in chancery has defrauded her of her
$4,000 worth of property, has been the
cause of the added burdens which she
Is bearing in her old age.
In the action before Judge DUNCAN
today, William A. Magill, neighbor
Of Mrs. Toulmin's. Is the plaintiff,
and Mrs. Toulmin and Phipps, said
to have acted as her agent are the
defendants. Magill claims $4,000 to
be due him as commission for ar
ranging the trading of Mrs. Ioulmin's
property to real estate firm fol
other property on Washington street,
this city. Phipps acted in the trans
action for Mrs. Toulmirl, 1t is
charged.
The defense Of Grant C. Fox, of
New York, and Andrew s. Taylor, of
South Orange, the attorneys for the
old woman, is that Phipps at the
time was the owner OF the property,
although Illegally.
The contention is that Phipps had
secured by fraudulent means the
deeds Of Mrs Toulmins property and
then negotiated with the real estate
men. The sale was never completed
although the contracts had been
signed. Magill entered suit more
than year ago and obtained a YER
dict by default, but upon motion of
her attorneys, Judge Frederic Adam
ordered a re-opening of the judge
ment when it was shown that
Phipps, who was still Mrs. Toul-
minis confidence at the time, had re-
ceived the notice of the suit and ad
vised her that 1t did not concern
her and not to bother with 1t.
Arariah Beekman, of Somerset
county, the speaker elect of the next
Assembly, was a witness called late
yesterday afternoon by the plant
ifs attorney, Leon Albeit, jr. He
said his advice had been sought by
the Mrs. Toulmin on several &C.
casions regardig her 104 acre farm at
Middlebush, Somerset county. He
was on the stand but short time
and did not have any important tes-
timony to give.
A peculiar situation was presented
in today's hearing of the case when
Phipps, named as a co-defendant, was
called as a 'tness for the plaintiff.
Phipps has filed no plea and hence Is
not represented in the action against
him. Mr. Albeit. besides being at
torney for the plaintiff in this case
Phipps as defendant In the
Chancery Court cases. My his testi-
mony 1t is intended to show that he
onl acted as agent In the transactions
involving Mrs Toulmin's property.
Mrs. Toulmin's story of the way she
lost her estate, as set out In her bill
in CLANCY, Is q story of introgue and
deception practised by a man she
treated as one of her family. In 1910
Phipps, who is now about fifty three
years old. came to her house in Gates
avenue, Brooklyn, to repair some cleo
trio bells. He ingratiated himself
with Mrs. Toulin and then got her to
name him as manager Of her business
affairs.
BY various representations about
deals he intended to make he had
her sign deeds over to him. 1t Is al
legged. and when the deals failed TO
mature held the deeds. BY con-
spiracy with a young woman Mrs.
Toulnin had brought from Kentucky
to educate, he obtained deeds to all
her property. He told her, 1t Is set
out, that the young woman was about
to bring a suit for Islander and 1t
would be best to transfer everything
to him. When the suit did not follow
he refused to return the deeds. she
said. She has since been trying by
suits and proceedings In chancery to
recover the lost property.
She made her home with two
daughters, one an incompetent and
the other deaf and paralytic from
BIRTH