The morning call., 1891-05-26
DAMA'S THOUSANDS.
j.. z. Kelly Argues for the Con-
testantS of the Will.
The Respondents Conduct Before and After
the Professors Death Criticized-A Nurse
Who Wept Too Soon.
Judge Coffey heard the first instalme mt

Judge Coffey heard the first installme MT
OF argument in the Dana will case yes
terday. 1t came from the lips of
Joseph p. Kelly, who, with Attorney
kowalsky, appeared in the interest of
the dead musicians relatives. and who is
to do all in his power to prove that the wi Ii
6equeathing Dama's money to his pupil,
Mrs. Smith, is forgery.
Attorney Kelly opened for the contestant
by expressing to the Court his gratitude for
the close attention paid to the case on trial.
and to Mr.. Lloyd, attorney for the other
side. for his prompt and magnanimous at
tention to Mr.. Kowalsky when the latter
was struck down with an attack of vertigo
In court during the progress of the trial.
IT HAS ONLY ONE PARALLEL.
BE argued that the case in its Importance
has only been paralleled by the famous
Broderck will case There is only one
issue in the controversy, he commended. Is
the allegation of forgery established here?
Are the papers called the will, the altered
will. and the long memorandum and the
draft of the long memorandum and the
short memorandum forged or true?
The contestants are Dama'S next Of kin,
he stated, and upon chem the property
would have devoved if he had died intes-
tate. He described the character, eccen-
tricities and peculiarities Of the deceased
professor. He thought it important 10 con-
slider what property Dana possessed. not
only at the time of the execution oil tile Will,
but prior thereto. There are bonds alluded
to in the disputed papers, but when ne made
the Will he had only $1,000 bonds, and before
he had t!Iirteen $1,000 bonds.
The persons VINO forged the will slipped
up on this point. They knew he had bonds,
but did not know the exact amount. Coun-
sci asked whether it was possible that a
man OF Dama's integrity would write down
deliberate lie, or attempt TO dispose OF
property he did not own?
THE POSSESSION OF THE WILL.
Then counsel turned to the testimony of
Mrs Sara Barker Smith in relation TO the
manner III which she secured possession Of
the Will. She said she pinned il and the
folds Of her dress together because Il was
too large for her pocket. She is woman
who had travelled for two years under an
assumed name, and while abroad had pur-
chased lace, which she brought into the
United States, evading the customs officers
and necessarily committing perjury, Was
such woman, Kelly asked, worthy of be-
lief?
The alleged object Of the WILL he argued,
was absurd. The facts that occurred just
prior to Dama'S death, the employment of
tne nurse, Mrs. Johnson, at the suggestion
of Mrs. Cushman, the lifelong friend of
Mrs Smith, and the engagement Of DR..
Tisdale through Mis-. Cushman'S agency;
the refusal of Tisdale to treat Dana on the
ground that he did not want to have his
death on his hands; the employment Of DR..
Brigham and the operation, the subsequent
visit of Mrs. Smith; his citation after the
tapping; afterward his statement :lat he
was making his death toilet should be care
fully considered. Who was the last person
with the deceased prior to his death? Mrs.
Smith, the respondent. Yet She sad that
she first learned it from Miss Myers.
INCIDENT UPON INCIDENT.
The attorney cited incident upon incident
to show that the will is forgery. He at
tempted TO show that no one but Mrs.
Smith, or persons friendly TO her iute rests,
were near the musician when lie died. He
thought the interest taken i'll the emDalm ing
OF Dama's body significant.
The work was taken from an experienced
funeral director and given to doctor; and
then he spoke of the grief ard lamentations
Of the nurse, who with tears deplored the
death of the professor, whom she had
known but six days.
1t is exrected that about two weeks will
be consumed by the arguments of counsel.