The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-10-09
MD0NALDFS WEALTH.
The Claimants Mother Permitted
to Testify.

The Mcdonald case bids fair to attract as
much attention as any of the sensational
cases that have preceded it in the Probate
Department When the case was called
yesterday morning counsel for the dead
pioneers relatives moved to strike out the
testimony of Mrs Ransome, who on the
preceding day told the story of the birth of
the claimant, who she declared WIS
McDonald's illegitimate son.
Mrs. Ransome, or Claude Lee as she is
better known, was at the time of the boys
birth married to a man named Stewart and
the ralative's counsel argued against ad-
hitting her evidence on the ground that the
law presumes that child born in wedIock
is legitimate and that its illegitimacy can
not be shown by the wife or husband as
such testimony is against public policy and
decency.
The claimants counsel, W. a. L. Barnes.
argued that his opponents had msstated
the case. Young Mcdonald did not claim
the right to inherit from his mother or from
her husband. but claimed the right to in
herit from Mcdonald. He therefore con-
tended that he had right to establish the
parentage of the boy by his mothers testi-
mony. In support OF this position was
cited the case of Baker against Baker as
having settled the law covering such mat
tiers. The action at bar, he urged, was not
10 SHOW lNEl mES. htuSOlnt Udu Deeu uU-
faithful to her first husband, which might
be done incidentally, but the main thing
was to Prov II at the child had been legit-
imized by McDonad's acts in regard to it.
Barnes argument was cOmbated by At
tOrney P0merOy, who insisted that the
claimant had not proved that he was not the
child of Stewart, but Judge Coffey, after
reading an authority on the right of the wife
to establish the chilu's illegitlmacy, over
ruled the motion to strike out Mrs. Ran
sOme's testimony, and she resumed her ac-
count oil the claimants birth.
She declared that Mcdonald sOlemnly
promised to take care OF her and her mother.
No one was present but him and her when
this plrdge was made. He also promised to
take care of the child. and would make him
the champion shot of the world. She further
testified that the child was left with her for
six or seven weeks, when it was taken away
because she was sick. II was taken To her
mother, whom Captain Mcdonald paid for
its support. In reply to question by At
torney Kowalsky, Mrs. RanSome said:
"Slnce 1874 the boy has lived with his
grandmother. Captain Mcdonald paid for
his board and lodging Until the month Of his
death. | used to take Henry to see his faith
er | first took him to the armory on How
ard street. The boy was about three weeks
OF a month old then and his father took him
in his arms. Some OF the Captains cadets
were there. They were MOrry Baker, Mr..
Anthony, who is now detective or police
officer, gentleman named Briggs and 9TH
erS,
- went TO see Captain Mcdonald with
the boy at the armory one week later. |
only went there twice. The last time / met
Mr., Smith, who used to work for Mallady,
the undertaken, at the door. Captain Nc
Donald asked Mr.. Smith whether be saw
any resemblance between him and the child.
Why do you ask'' said Smith. Because
hr is my son. replied the Captain, and Mr..
Smith looked at me to see If | contradicted
him."
Mrs. Ransome then gave numerous incl
dents that showed the Captains solicitude
for the chid's welfare, and the case went
over TO this morning,