The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-02-25
DAMA'S ALLEGED WILL.
Strong Evidence Tending to
Prove Its GenuinenesS.

The Dana will contest was resumed be-
fore Judge Coffey yesterday, and William
L. Cummins being recalled for further
cross-examination by the contestants siren
uously denied that the case was matter Oh
dollars and cents with him, on account OF
any land transactions he may have hau
with the Smiths, as successors or Dana.
AS to those statements imputed to nun as
having been made at various times anu
places and before various persons, regarding
the case. they were falsites.
" stated on Friday last" said Cummlns,
that some Of the wording OF the VIII was
not that of the deceased. but on being asked
to point out that to which referred was
unable to do so, except in regard 10 Sucm
words as secondly thirdly and the IKE:
On. redirect examination the witness Said
that Dana knew nothing OF the landS ioI
which he contracted, and again he reiterated
that he had no monetary interest III inc case,
his land transactions with his brother Al
ley having amply secured hln against Joss.
At the afternoon session Frank H. Ben
son, clerk of the Registrar, was called TO
the stand, he teStfying that he mas cnaIse
OF the records of the office including the
one bearing the name OF jules Matnleu.
Alphonse Matthew, brother OF > ules. whose
writing he had seen scores OF times, the
last time about three months before his
death, on being shown the precinct regis
tratiOn paper referred to by the preced-
ing witness declared that the sigma
lures thereon were those OF his deceased
brother, as was also all the writing except
the names OF tie committee.
Henri Wlgger, notary public tesllteu
that he knew Dana, aud Identified photo-
graph shown him by Mr.. Lloyd. When
shown certain papers marked "EN 7, T.,
the witness said that he had written them
for Dana. One of them he referred to as
mart tho will bp had drawn for the de-
ceased at the instance OF John e. Hall.
The Professor gave him the ideas contained
in the document. That is the rough draft
OF tile will, of which | subsequently, made
clean copy. Columbus Waterh0uSe came
with Dana on that occasion, and on his de-
partnre the Professor was lett alone with
me-"
Charles S. Craig then testified that he, as
an employe of HalStead u Co., the UNDER
takers, was called upon by telephone to
take charge Of body at 81 Mason street
on Friday, January 20, 1888 He washed
the remains, laid them out, and next day
took them to the undertaking establishment,
where they were embamed.
Edward j. Casey said that, as chlet
deputy of the County Clerk, frequently
acted as courtroom clerk j. the Probate
Department. He said lie Lad an indistinct
recollection OF having been invited to lunch
on Jauuary 81, 1888, by Me- French. lie
did not go, being busy in the courtroom,
and French went. alone, aftgTward return
ing to wait for the Judge.
From GuStave Fote, ii resident of Oakland
and paying teller of the German Savings
and Loan Society, it was learned that Dana
was Gepositor of the bank. The witness
said his business was to pay upon the sigma
ture OF depositor when lie found it genuine
according to the fac smile left with him.
He had known Dana by sight and upon
book being shown him and a name pointed
out, he declared it to be the Professors
handwriting Another book was identified
as Dama'S paSs-book, the writing in it being
that of Mr.. Schmidt, the then paying-teller.
Dama's photograph was also identified and
the signature to the paper known as the
alleged will was declared to be genuine
The same opinion was given as TO other
papers produced in evidence.