The morning call., 1891-03-05
SELF : CONTRADICTORY.
Matthew Admits Having Received
Consideration.

Alph6nse Matthew is BROTHER of the late
Jules Matthew, a subscribing witness to
Dama's alleged will Before his appearance
as. a Witness in the contest, Mr.. French,
thr6ugh an agent, had requested him to pro-
dure: CERTAIN papers bearing on the case and
of Importance to the proponents. The doc
umen,s were forthcoming, and in the hear
ing Of the case Attorney Kowalsky cues
toned Matthew very carefully as to what, IL
any, compensation he had received or eX-
pectedto receives for producing them. The.
witness iterated ana reiterated that no mon
,etary consideration whatever had induced
him to surrender the papers, and so the evil
tdence stood until yesterday, when Matthew
again appeared as a witness and was taken
In hand.
Under a rigid dissemination tile facts
were then ascertaiHed that Matthew had
been offered 500 for producing the papers.
A man named Num- an aid OF Mr.. French,
had asked him for a loan Of his brothers
papers, and when he stated that he was de-
;sirous Of retaining them in his possession,
was therefore rendered 500. The aid came
to him twice, and prior to that French had
requested him TO testify regarding the
paIers The witness forcibly said, however
that the 500 was not for his testimony, but
merely for the papers. He needed the
money and, therefore, took it.
= Attorney KGwalsky then read the testi--
mQny given on a former occasion, In WHICH
he declared that he received nothiag. When
asked to explain his dlscrepaHt statements,
Matthew replied tIat lie understood that lie
was asked whether he had sold the papers,
and, since 10 tran saction of the kind had
taken place. he deemed himself Justified IN
:. answering as he did.
5 The attorney for the contestants then
asked that Matthew be committed for per-
jury. but the Court took BIO action in the
matter, saying the occasion was not proper
one. Nj. KowalSky declares that the mat
ter Will be brought before the Grand jury.
Matheus first appearance in court was
at the instance Of kOwalsky, who, However,
.refrained from placing him on the stand.
MIR. Lloyd, noticing that no use was to be
made OF the witness presence, deemed 1t
advisable TO secure his testimony himself,
and from him the fact was ELECTED that Mr..
KoWalsBy had requested him 10 testify that
the purported signature of Jules Matthew is
n forgery, but had received the answer that
tile witness could not justffably make such
an assertion. These Circumstance proved
very favorable TO the proponents, but the
weight Of Matthew's testimony will prob
ably be lessened by yesterdays develop
ments.
a discussion then arose as to the advisa-
Iiitv # Dr.. Tisdale's testimony, Kelly re-
iterating his objection that the Information
WAS received in the cause of professional
confidence. Arguments pro and con were
delivered and numerous decisions read The
contention made was that when the rela-
tonship of physician and patient is estab-
Iished lit must be assumed from that rela-
tionship that the information impaired
would not Fave been-imparted except for the.
purpose of aiding the physician in prescrib-
iie fir the patient, and since Dana is dead
aud the privilege Of waiver is gone, that the
confidence is Sealed forever The argu-
nent upon tile question will be resumed TO-
day.