The morning call., 1891-02-12
BASE INSINUATI0NS.'
Attorney K0walsky's Vehement
Appeal to the Court.
The Dull Proceedings of the Dana viii Con-
test Enlivened for Moment by Wit
ness nl-Timed Remark

The hearing Of the Luigi Dana will con-
test was again resumed before Judge Coffey
yesterday and J. F. French further examined
for the proponents.
The witness stated that the bundle marked
italian letters" was found in q drawer of
q small desk in the rear portion of the
parlor of Dama's house. The bills and re-
ceiptS of the water and gas companies and
other like items were taken from the same
place.
Mr. French was at this time temporarily
withdrawn, and John w. McRobie, being
examined by Attorney Lloyd, testified to
the genuineness of the kilograms referred to
by the former
Mr.. French being recalled further teSti-
fed as to the finding of other documents and
said that he first heard that there was 4 Will
from Mr.. BurtiS on Saturday afternoon,
after he had qualified as special admins
traitor.
FELT KINDLY TOWARD DANA.
On cross-eXamination the witness said
that he had inferred that Columbus Water
house and Rev. Joseph Worcester were eX-
ecutorS because Of their intimacy with the
deceased. Il always felt kindly toward
Professor DANA" declared the witness. land
always treated him cautiously. | never
had any conversation with Mr.. Dorm or DR..
Worcester in which either said that Dana
disliked Inc. | received 500 for services
rendered us attorney for the special admin
iStTatOr. | am only Interested in the out
come of this controversy as to the proper
| disposition Of the property of the estate and
| such reasonable attorneys fees as may be
allowed me by the Court. | have no con-
tract with the proponents of the will, nor
fgfl ~fRg.sAu vaalN-
| 5000 if the will should be sustained"
| The order admitting the will to probate
| February y, 1885, was drawn under the
| witness Instructions, he answered, and
| upon further questions he replied that he
| first learned that this will had been charged
10 be forgery on the day when he met Mr.
| kowalsky on Pine street, and the latter
ventuTed the information that he was about
! To file a contest also making q monetary
suggestion that 5000 would not induce him
! to Withhold 1t.
! KOWALsKY's VEHEMENT PROTEST.
AT this point the unbearable dullness that
| has prevailed during the trial of the case for
| several days seemed about to be broken and
| the few spectators pricked up their ears.
| Attorney kowalsky drew himself up to his
| full stature and a deep flush upon his coun-
tenance betokened the anger that agitated
| his breast.
He was seen to take a long breath, and
| then, in clarion tones, which rang through
Tie spacious courtroom anu HuulDS IDelr
way 10 the corridors, were heard reverber-
ating throughout the City Hall, he entered
his protest against the base insinuations Of
this witness, who, under cover of his privi-
| legged position as Witness endeavored to
| cast aspersIOns on his spotlesS character.
His Honor had known him, said the in
dignant attorney, from the moment of his
advent upon the career of a leglst, when he
was, as it were, germinal spot, molecule
asst We're, on the vast universe of law and
| litigation, and from that time 10 the present
could he name an instance III which his pro-
fessiona integrity had been broken by a
! single shurtcOming?
THE JUDGE AS \ CoNCILIAToR.
Judge Coffey sought in conciliaIOrv terms
to pacily the injured legal light, and even
| consented TO strike from the record the
words of the witness, but MIR. Kuwalsky
objected, saying that he desired them to re-
man, as in the future they would be made
| TO rebound to the discredt of him who ut
| tered them.
That was the first l heard of any con-
| test" continued Mr.. French, after the inter-
| Tuption, and at the time of the Wills being
| filed | heard nothing said of its being n for
| gerry. Mr.. Naphtaly was then present in court
| and eX-Judge EdmondS was there also, in
| terrogating the witnesses. | did not know
| that he was prevented by his illness from
| undertaking the contest"
Court then adjourned until to-day