Los Angeles herald., 1891-11-14
THAT CONTRACT.
Mike Stack Admits That He
Stole 1t.
Yesterdays Developments in
the Cohn Will Contest.
The Contestants Relations With
COhn Well Established.
Yesterdays Features OF the Testimony
Mrs. Helmuth's Story-Mike
Stack Confesses in His
Deposition.

Bernard Cohn was begun in earnest in
department two of the superior court
yesterday.
Mrs. Delphini Cohn, the fair contest
ant with whom the deceased lived for
about twenty years, and is said to have
treated as his lawful wife, occupied a
chair next her attorneys, and made
frequent suggestions to her counsel dur
ing the examination of witnesses.
Most of the day was spent in reading
dispositions of witnesses for the contest
ant. The evidence of Mrs. E. A. Hell
muth, which was taken in San Francis
CO, where che now resides, was very
favorable to Mrs. Delphini Cohn. 1t
appears from her deposition that Mrs.
Helmuth was excellently informed upon
what transpired in the household where
Delphini Cohn reigned.
Mrs. Helmuth testified that she first
knew Dolphin in 1872, when she lived
on New High street. She resided with
her mother and two brothers. Cohn
came to live with her at this time, and
he gave her $1,000 in gold to furnish the
house. She selected the furniture.
Witness was present when Bernard was
born. Cohn was at the house At 6
o'clock in the evening, but left. He re-
turned in the morning and was pleased
with the boy. He gave Delphini $500
to buy baby clothes for the boy. He
named the boy after himself. There
were present midwife and nurse, and
he paid all expenses.
On March Is, 1878, the child was bap-
tised. The ceremony was performed by
a priest and in the Catholic faith. There
was supper at the house on the occa-
sion, and Cohn discussed with the priest
the boy; said he was healthy fellow,
and that he was proud of him. He had
previously acknowledged the boy as be-
ing his. He bought him watch and
chain, and often bought him clothes as
he grew older. When he became a
youth he sent him to Woodbury's col
lege in this city, and always acted the
father by him.
Witness frequently received money
from Cohn while in San Francisco to
purchase Undertaking for Delphini,
which she did, sending them to her.
She was present at the births OF one or
two other children. When Marcus Leo,
another child, died, Cohn purchased a
lot in the Catholic cemetery, and it was
buried there In 1878 he bought piano
hundred dollars OF this was cash, the
balance paid in installments. He bought
her jewelry, a diamond pin and ring.
When Rosalini girl child, was born,
Cohn was in Sacramento. He came
from there to San Francisco to ask wit
ness if she had heard anything OF how
the matter had turned out Delphini
wore locket that had Cohn's pic
ture in it. After living some
years on New High street, Cohn
bought house for Delphini to
live on the plaza. 1t had to be repaired
once, and he paid for the repairs.
They were married by contract on
DECEMBER %, 1885, Cohp showed her
the contract, and she read it. It was in
his handwriting. She was familiar
with it. 1t was signet by Cohn, by
Delphini and by j. A. Domingo as wit
ness She could remember some OF the
contents OF the paper, not all. The wit
ness recited what she knew, and re-
vealed that she knew it all verbatim
and it was drawn with some legal finish
in very positive fashion, stating that
to remove faint from the children O
Delphini, which were all his children
he acknowledged them to be his, and
Delphini to. be his wife. Her readins
of this instrument, dating back to 1885
and her accurate recollection OF its
formula, certifes that it made very
profound impression upon her mind.
Coin told her some time after hi
showed her the contract that it hat
been lost, but that he had made will
in which ample provision was made TO
Delphini and the children. She neve
saw the will.
The contract mentioned by Mrs. Hell
muth, in her deposition, is very i'm
portant factor in the case, and the allie
CATION that it was stolen from Delphini'
house by Cohn's order lends additional
interest to the case.
Mike Stack, man employed b.
Cohn, is the person alleged to hav
taken the contract. He is supposed tt
be living somewhere in the northern
part of the state, and his testimony i
also in the form OF deposition.
After going into full particulars re
garding the relations of Cohn Will
the contestant, whom the deceased
treated as his wife. Stack says that b
was in COINS confidence and that hi
employer came to him and expressed hi
implicit faith in him. He spoke OF tn
existence OF the contract, and asked tn
witness to get it for him. This occurre
in May, 1887. The contract was IN
bureau drawer which was always locke
and to which there were but two keys
Cohn having one and Dolphin the Other
He opened the drawer with key iul
nished him by Cohn, and took the con
tract, which he gave to Cohn. The in
strument was read by witness, and
his deposition the language was sc
forth. The contract was in Cohn'
handwriting.
Mrs. Juana Courtney gave oral test
mony in regard to the relations of Con
and Dolphin. She saw him frequentl
when she was at the house. He ofte
took his meals there, and when a
the house sat at the head of tn
table. He treated Delphini as hi
wife and the children as a father. On
of the children, girl named Juan
Rosalie, died in December, 1884, and
speaking Of the death Cohn told witnes
that his little girl had died and that h
wife was very sad.
Cohn was sick while the couple live
in the Buena Vista street house, al
witness assisted Delphini to take care
him. In all the time witness kne
them they were as husband and viii
She frequently did washing for Il
family. and said that the weekly wei
,yoo ,nada nm of COhn's clothes al