The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-05-28
GAY NOLAN.
Sam WelIer's "Yidders" Have
No Terror for Him.
Tied Up by Three Of Them, he Is Seeking a
Homestead Out Of His Wife's
Separate Estate.

After hearing what she did yesterday
about her once intended, the buxom Widow
FerneI must have concluded that provi-
dence was really kind to her when the aged
widOwer, Joseph Nolan, refused, on the
4th inst. as she says. TO marry her. after
having thrice postponed the nuptials since
the 18th of May. 1891.
Mrs. Caroline Fernell of 1S24h Filbert
street brought suita day or two ago against
Nolan for $4,000 damages for a breach Of
promise to marry her, but this was not the
matter which brought her yesterday to
Judge Levy's courtroom. She was there on
quite another errand, yet thatinteHdei, who
is old enough to be her father, was the sub
lect Of her thoughts. Widow Fernel is fair
to look upon and she appeared in somber
black, living picture Of fashion plate.
Her Weli-nOuTished and rounded form,
her open and pleasing cOuntenance with
Just the senblaDee OF flush mantlng her
cheeks told not OF the great mental suffer
ing, pains. and humiliation and extreme
mental anguish and torture" which the
breach Of promise complaint said she had
suffered.
Mr.. Nolan, who may be known on account
OF his long connection with certain auc-
tion-houSe. and who the widow said had ac-
Quired property valued st $4,000 because he
was IN court seeking to obtain another piece
Of property cut of the estate of his late
lamented, Mrs. Nolan, who died on the ID
OF February. 1892, and left an estate of
separate property valued at $1,000.
DISPOSED OF BY WILL.
This was all disposed of by will and to
the husband she beQueRthed only 500.
Since November, 1887 she had had
homestead on Seymour avenue valued at
$500, and it is this property that Nolan
desires the court to set apart TO him rs the
surviving husband for homestead. This
award is stoutly opposed by the legatees
under the will and By the executor, Nj. c.
Hassett, who is also the attorney for the
estate. They charge and have offered proof
tending to show that Joseph was not the
husband at the time of the death and there
lore is not entitled TO the homestead, or in
fact anything more than the 500 provided
for in the will.
In the proofs thus far advanced Mr.
Nolan has been shown TO be quite a slick
article" as Nj. Hassett put il, and that his
penchanJ is for widows. 1t appears that
Nolan was ivOrced from his wife in 1879,
aud that division Of the community prop
erty then took place. But Mrs. NUlan's re-
ligion would net permit Of her considering
the divorce valid one, and so, for the sake
of appearances, they continued to 1.-Two
under the same roof. These were the only
relations existing when she died. There
was also proof Of statements made by her
that she had received offers Of marriage,
but had refused them because always con-
sidering herself a married woman.
The order Of proof yesterday was
whether Mr.. ard Mrs. Nolan were man and
wife when she died. Mrs. Mary Devan,
! who had lived with the Nolans Just previous
to the death, testified that she had heard the
! decedent say TO Nolan: Joe, forgive me.
I've been a cruel wife TO you" Mary Nolan
had often said that she did not believe In
divorces. On cr0sS-eXamination the witneS
had 70 admit that Mrs. Nolan had never
told her that Joseph was her husband, She
had seen them live together. but never in
Quired as 10 the status of their relations.
I Mrs Nolan had said that Joseph was "a
handy man TO have around the house," and
she had heard Mrs Nolan order him several
/ times TO leave the house and not come
around.
GAY NAN WITH THE WOMEN.
Did you ever hear Joseph Nolan boasting
/ about what gay man he was with the
women"
Yes. I~used to see him driving out on
! the Mission road with ladies. and on one
| occasion l heard him say, / saw tue widow
/ to-day"
what widow did he meanP"
'0h! l object TO that" said Nolan's at
torney. "N bat figure does any widow cut
( in this case"
81 nrnnnsA "a show vnur Honor. that this
/ NtQ0W cuts DIE UEuTe IN tllS case, ana
/ that Nolan was really after her, while he
was, as he alleges, living with Mary Nolan
as her husband"
Judge Levy allowed the question. and the
witness declared that she did not know what
widow was meant.
'N0w. Mrs. Devan," said the LAWYER,
pointing his finger at the widow In weeds.
is that the lady-Mrs,. Fernell-the widow
Mr.. Nolan referred 10 ?"
The witness was not sure. Thus the tes-
timOny progressed and it was shown that
Joseph was permitted to be around the
/ house only on sufferance for companonship
or protection, but had to pay for his board
and never was introduced, save as "Mr.
| Nolan" His acquaintance with the Widow
FeTnell had extended over a period Of 20
years, and, like a widow, she had always
sympathiZing word for him IN ali his woes.
| There was testimony that the NOlaDs occu-
pied separate apartments; that Joseph
treated her cruelty, and frequently that
/ Mrs Nolan had invited him 10 leave; also
that since his wife's death and the breaking
! off OF the relations with Widow Fernell, the
gay old auctoneer is devOting his spare
| time and lavishing his spare cash on two
| other widows, one of whom, a late impOrta-
| ton from Chicago, is Installed as his house
| keeper
The witnesses in the caSe-all women, by
! the way save one-aTe mostly legatees I'M
| der the will, and one Of these, to prove that
| Joseph could not have been a husband
/ when he says he was, is the fair and buxom
! Widow Fernell. who, on November II, $780,
| he promised 10 marry on May 10, 1891, but
| thrice postponed the event to a period be-
! fore and after the death OF Mrs. Nolan.
I Nrla ms haA yara oh