Daily capital journal. (Salem, Oregon) 1903-1919, 1915-11-23
|. S. BARNES WINS
/ AGAINST SPENCER
IN NSUPREME COURT
Suit Tried In the Absence Of
MIR. Barnes In California
Courts
JUDGMENT FOR $69,399
INVOLVED in ACTION
Salem Property To Value Of
$26,75O Purchased With
Mrs. Barnes Money

l.. s. Barnes won his suit against
A. B. Spencer today when the Supreme
court of this state handed down an
opinion affirming the Judgment OF
Judge Galloway in the circuit court OF
TINS county on every point with the ex-
ceptlon of the Burrows property ON
Division street of which Mr.. Barnes adj
mitted the ownership. This suit in
VOWED judgment Of $69 ,399 secured
by Spencer in California against Mr..
Barnes but which judgment the SUI
preme court contended twas obtained
by fraud on the part of Spencer and
procured by false testimony
Case Not Fairly Tried.
In fact the action in which the iudg-
ment was secured against Mr.. Barnes
Marion county and the title Of which
in New York City and the testimony
of Mr.. Barnes relative to the case was
taken by deposition before he left for
New York, Then Spencer was allowed
to amend his complaint so as TO claim
a general partnership with the defend
ant Barnes and in effect abandoned
his original claim. When the cause.
was tried in the absence Of Barnes, by
the changing Of Spencer 's contention,
the former did not have the benefit Of
his own testimony upon the new issues
which were brought up by the amended
complaint.
1t was at this trial that Spencer Sc
cured the judgment for $69,39g and
costs against Mr. Barnes when the
latter was absent and did not have the
opportunity to testify in his own be-
haf. The supreme court took cogniz-
ance Of these facts when handing down
the opinion.
Mrs Barnes Claims Property.
The title of the action in the Marion
county courts was, Grace d. Barnes
against A. b. Spencer and William
Esch and IT, s. Barnes. The suit was
brought by Grace d. Barnes to impress
a resulting trust in her favor upon the
lands in question, located in this city,
as the equitable owner, as against l..
s. Barnes who holds the legal title to
the lands, and A, B. Spencer who has
q money judgment against IT, g. Barnes.
Sheriff Esch was also a defendant as
an injunction was sought to restrain
him from selling the property upon an
execution issued on Spencer's Judgment.
Spencer and the sheriff appealed from
decision of Judge Galloway in favor
Of the plaintiff.
In her complaint Mrs. Barnes states
that in 1909 she furnished her husband
with the sum Of $26,750 in cash. for
the purpose of buying real property in
Spencer secured his pretended iudg-
was to be taken in her name but that
by mistake the legal title to the lands
was taken in the name Of l.. s. Barnes,
the husband, though the lands were
purchased wholly with the money of
Mrs. Barnes.
Claim of Spencer.
Spencer secured is pretended judg-
ment in California upon the assertion
that some mining claims were sold at
profit OF $l3S,650 and Spencer
claimed to be full partner of Barnes
and sued for half interest in the
profits with the result as above noted.
The testimony as reviewed by the high
est court in the state shows that
Spencer and Barnes were never part
ners; that the former contributed moth
ing to the sale Of any mining claima
in California or elsewhere, that his
pretended claim was fraudulent and
without consideration; and that his
judgment was obtained by fraud on his
part and procured by false testimony"
Sold Mines To Hartman
Mr.. Barnes took the matter up OF
the disposition Of the mining properties
with various parties in Los Angeles,
Duluth, Iron Mountain, aud with tho
United States Steel Co Of New York
and San Francisco. In all be made six
trips TO New York to close the deal and
worked continuously on the proposition
for two years and seven months. After
these options lapscd he secured others
and finally entered into negotiations
with n. II. Hartman with whom he
closed the deal. After the first trans
action fell through he found he could
not carry out any deal without taking
up other claims 80 he made entry on
thirty additional claims Of 600 acres
and made all arrangements pertaining
10 the claims and the work on them,
putting in mining camps aud other
work and from the time OF tho first
preliminary operations he heard noth-
ing OF Spencer until over two years