The morning call., 1891-01-28
DANA WAS A MISER.
So D. S. Dorm Testiffes in the
viii Contest.
He Had No High Opinion Of the Power or
Capability of Mrs snith-Many
Wills Made

The trial Of he Dana will contest was re-
sumed before Judge Cotfey at Ii o'clock yes
teFday, and D. 5. Dorm, Of the law firm of
Dorm & Dem, was called to the stand by
Attorney Kowalsky. The witness had
known Professor Dana intimately aud had
innumerabe conversations with him. prin-
cjpally about his family and property. The
deceased was miser by nature" said the
witness.
In his early career he had been an opera
singer, but on coming to America had
taught singing. BE was very DESTROYS of
marrying a certain pupil of his, but did so
only after she had married another and had
become widow. Dana was very fond of
talking of his money, although his wife was
considered ''the financial member Of the
firm"
II drew several wills for the deceased"
said the witness, zone in 1885 that l spent a
year over before it gave satisfaction. l do
not reco.lect when the second was drawn,
but think it was about the time he went
East last. The last conversation had with
him was about week before his death, on
which occasion he had sent for me-"
TALKED MUCH OF HIS PUPILS.
The witness then went on to explain that
Dana talked a great deal about his pupils,
said, had a voice resembling that OF a COW
in a corn field He also often spoke of Mis- IS
Harris voice. and referred to the will the
witness had drawn for him. and said it was
with the Safe Deposit Company. He seemed
anxious about its correctness, and the wit
ness often had TO reassure him as to that.
All the wills we're pretty much the same.
A musical institution in Italy, known as the
''Stab limento dell Annunziata," was the
beneficiary of the bulk OF his property.
The deceased was Catholic, and lett some
thing t. All iatimate Italian friend In the old
country who would make provision for
masses for the TepOse Of his soul.
Continuing, the witness stated that in the
viii he drew Rev. Joseph Worcester and
Columbus WaterhOuse were named as eX-
ecutOrs, ana the deceased had directed that
certain lots in Redwood City should be held
by Dr. Worl ester in trust for the latter 5
church. of which Dana was a member.
Mr.. Dorm lad drawn four drafts Of the
will made III 1855, which he submitted to
Dana before his trip East His regard for
the memory Of his wife was very great,
although his feelings toward her family
were hard. But on his return from the
East he felt more kindly toward them and
ordered another VIII drawn, in which he re-
membcred them and also made a small be-
quest to Miss Harris. Every time the wit
ness drew a will for him he went over all
his property, and frequently did so at other
times.
MRS. SMITH HAD NO CAPACITY.
After Dama's death the witness went tC
his house, where he saw Miss Harris, bur
neither Burtis nor French was present At
torney Kowalsky then questioned the wit
ness very closely regarding Dana's opinion
Of his pupils, because in the alleged forged
will it was stated that the residue of the
property was left to Mrs Smith for the cul-
tiyation Of her voice. Dorm said that Dana
told him that Mrs. Smith had no voca
power or capacity.
At tie afternoon session Rev. JOSEPH
Worcester, a Swedenborgian divine. testified
that lie had known the deceased Tor lfteer
years. The circumstances OF his death wer'
familiar to him, as he was present almost a
the hour of its occurrence. The witness
had acted also as Dama's agent in the pur
chase of the JacksOn-street property, and
as it WAS shown on cross-examlnatlon, IN
Cured the latter's displeasure by delay Il
the transaction.
When Dana was in Boston in 1880 tn
witness received letters from him, and ii
one 1t was stated that the writer had Their
sold his bonds, The proceeds OF the sale
about S14,5 500. was used by the witness il
paying for the property referred TO-
HE WAS NATURALLY CLOSE,
On being questioned as to Dama's charac