The morning call., 1891-05-27
KELLY'S ARGUMENT.
Witnesses i'm the Dana Case
Charged With Forgery.
Dr.. TisdaIe as a Confdant-sara Barker
Smiths Alleged Inconsistency-A Sig
nifcant Omission From the Will.

DR.. Tisdale suffered severely at the hands
of Lawyer Kelly in his argument for the
contestants in the Dana will case yester-
day. He asked why Dana had confided to
TisdaIe, an acquaintance OF few weeks, the
making of the will, and yet so important
revelation was ept from his most intimate
friends The conduct of Tisdale, the attor-
ney thought, was proof that ne had his part
TO play in the conspiracy and he was anxious
to fulfill IT,
Reverting to Mrs. Sarah Barker Smiths
testimony that Dana had given her his will,
he regarded the statement inherently im-
probable. Mrs Smith is contradicted, he
said as to the Whereabouts of the will, and
its having been kept continuously among
her laees. never having been taken out. by
her own statements, and by the testimony
of her husband, who said it was kept be-
tween the mattresses
The testimony of Miss Belle Harris, said
the attorney. was truthful, and its contrast
with that of Mrs. Smith must have favorably
impressed the court. She testified as to the
demeanor of Mrs. Smith when she gave up
the WILL without taking a receipt for such
valuable document
ANOTHER REASON GIVEN.
Another reason going to show that the will
was a forgery was that Professor Dana had
a prejudice against Geographic wills, because
of the failure on account of the omission of
date TO secure the probate OF his wife'S
Will, and the consequent deprivation of
what he was entitled to under that instru-
ment. In view of this fact counsel main
tanned that Dana would hardly have de-
cided upon such form of testament for him.
self
Kelly called the attention OF the court to
the testimony of witnesses for the contest
ants TO the effect that will had been writ
ten by Dana in May, 1887, but that it
was different one from the viii in question.
This alleged will" he said, ''is clothed
in all the conceivable habilmentS of crime.
II bears upon its face the stamp of falslty
and the impress OF fraud and all the lndlcla
of forgery. and those who forged it, who
conceived, concOcted and cOnsnmmated this
crime, were n possession OF the Will actually
executed in 1887, attested in the presence of
Dallasanta, who did not sign as witness
because Dana told him it was not necessary
as there were witnesses enOugh-Mathleu,
GODDARD and Bellini having already attested;
and the conspirators and forgers used that
document as pattern IN the execution Of
their pernlclOuS purpose"
GODDARD : COMING FROM TEXAS.
Commenting on the testimony of A'phOnse
Matthew and his wife, counsel said: "They
are the only persons who testify that the
signature 10 the alleged will was genuine,
contrary 10 all the evidence of Matthew's
associates and others familiar with his
writing, and he recei yed S1O0 for the teSti-
mOny." The counsel then reviewed the testi-
mony of Henri GODDARD and the Strangeness
Of his CONDUCT in coming from Texas in
charge Of pYvate detective, who kept him
in custody during his stay here.
" Goddard he said, was an intelligent
man, who had studied handwriting and
gave the court exhibitions of his ability to
produce document like the will We claim
that both GODDARD and Mrs. Fannie johnson
had capacity TO commit this forgery; but
whether it be one or the other or both of
them, the fact will always remain that the
alleged will Is forgery"
Another evidence of the spurious char
acter OF the alleged will was shown in the
omission from tany OF allusiOn to the Deity.
Dana" counsel said" was born aud died
a Catholic. He was a religious man By
nature. and in the first and second drafts
Of the viii IL his handwriting he reverently
recites after the last will and testament of
L. DANA in the first line, In the presence
of God. Amen There is a certain Signif-
canoe in this when it is compared with the
formal beginning Of the disputed documents,
Know all men by these presents"
Kelly viii continue his argument to-day.