The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-12-16
1T WAS TOO TOUGH.
COrbett's Estimate of His
Trust.
JUDGE CoFFEY RETIRES HIM.
General Barnes Tells How KowaIsky
Did Him Up-The Nc Donald
Estate Scandal Aired.


OF the person nor of the estate Of Henry
Mcdonald. minor. son of the late G. E. S.
Mcdonald. When Judge Coffey removed
him from these responsibilities yesterday
afternoon. Mr.. Corbett interjected the re-
mark that his trust was the toughest job he
had ever run against.
The entire day was exhausted in hearing
the testimony Of people connected in various
ways with the probate proceedings
General w. Ii. l.. Barnes proved an en-
tertainiDg witness, as the shrewd lawyer
had to make confession that he was the
victim of misplaced confidence in Kowalsky.
Judge Levy was on the stand long enough
to contradict Corbett's statement that he
had given him an oral order 10 disburse the
money of the estate. The Kowalsky, with
a stare that was glacial and voice like
muffied bass-drum, was recalled and m o used
with by the bench for an hour or more.
Lawyers Otto tum SGden and Carter p.
POmeroy, who had represented cOntesting
heirs, were examined as TO their knowledge
OF the scheme OF compromise by which all
the claimants had agreed TO cease litigating
and allow the decision recognizing Henry
Mcdonald to stand.
The boy himself, pilot iacketed, we'll
sOaped and erect. did not vindieate himself
Intellectually. Judge Coffey told him that
though ~ years Ul ago Ee WAS not as UIlRUL
as the average boy of 10. and was, more
over, deficient morally. His guardian,
Patrick COTbett. also had another inning on
the witness-stand. While he was testifying
Judge Cotfey gave him lesson in deport-
ment. Mr.. COrbett put down a paper in a
rude manner, and the Judge made him pick
il up and put it down again with more grace
but less energy.
Young Mcdonald said he would Ike TO have
Billy Jordan, the well-known master of
pugilistic ceremonies, appointed his guard
ian, but Judge Coffey did not regard the
nomination with favor, and suggested that
somebody else be proposed. He thought the
boys moral rather than his physical nature
needed Development Henry gave the start
ling information that Lawyer Kowalsky had
advised him to go to sea, and he accordingly
sailed away on the very day the decision
was filed that made him the heir of Captain
c. Il. s. Mcdonald. He did not hear of his
good fortune until somebody told him at
Apia, Samoa. He also testified that he had
made three voyages to Australia since the
contest was commenced. and that his object
In going 10 sea was 10 earn money to sup
port his grandmother and mother. Later
in the day he testified that all the money he
had received from kowalsky was about 500,
some clothing and cheap watch. He
knew nothing about the transactions in
which money had been paid 20 his mother
and grandmother.
lie was asked TO describe the house oeeu-
pied by mis- grandmother and its surround
ings. The boy told about an overflow of
water in the street which came down from
bank behind.
Judge Coffey-That's about the only kind
of bank you've seen thus far in this case.
l suppose.
The boy told the court that his guardian.
Coz beti. was 10 all intentS and purposes
stranger TO him.
General Barnes was called to the stand
by Judge Coffey. who said he observed that
he was one OF the attorneys of record and
vet had not signed the compromise scheme.
He thought It might be we'll for him TO ex-
plain the mystery.
Most cheerfully the knight of good cheer,
genial clubman, gallant soldier, brilliant
advocate and aadacious dramatist rose TO
the occasion.
Not square inch of the Kowalsky cutiele
did he spare. He skinned the big colonel
from neck 10 heels. During the operation
kOwalSkY's glacial stare was steadily fixed
upon the general LII was not so much
what he SAID as the way he gave his testi-
mODy that must have been painful TO
h0walsky-if he was susceptible TO pain.
In brief, General Barnes said that Mr.. j.
ID. sullivan had called him into the case;
that later an arrangement was made with
kcwalsky 10 furnish important testimony.
When the case was opened General Barnes
took the lead. drew all the papers, fur
nished the law and made all the arguments.
Kowaisky called every day at his office to
consult him. When the findings and decree
were made Kowalsky had a draft made in
imitation OF the Jessu3 decree. This Cen
eral Barnes threw into the waste basket
and drew one that would endure criticism.
In the compromise and all the subsequent
proceedings General Barnes said be was
entirely ignored.
In chance conversation he had with a
friend he learned that the Public Admins
traitor had paid out considerable money to
Enrhott The Upnaral thpn ipnuiran al
his fees. lie was Informed that Kowalsky
had resolved up0n division, in which
Kowalsky was TO take $4,000, j. ID. Sulli-
van $4,000 and 'as for Barnes, who was
always hard up. lie would be glad to get
S25O0."
The general said he did not propose to be
handled in this case as he had been in the
Jessup case, and, after telling Kowalsky
what he thought about him. he had not
since spoken to that shining light of the
San Francisco bar.
The general said that with all the schemes
and counters schemes he had nothing to do.
He had never been consulted, had never
signed document ana had never received
a cent either directly or indireetly-noth-
ing except the benediciion of his friends.
"Whatever law was imt orted into this
caseeame from my office" said the general.
Judge Coffey-Yeu supplied the law and
Mr.. Kowalsky the fact?
General Barnes-Thats it.
Judge NO1ey-1 Gu are not party 10 any
interest here?
General Barnes-Not at all, sir.
Judge Coffey-Haye you any objection to
the imputation Of being hard mp?
General Barnes-Oh, no; that's chronic.
Before he left the witness-stand General
Barnes said he had not the slightest CON-
plant 10 make against MIR. j. ID. Sullivan
lie had known him great many years and
still retained the highest esteem for him as
n gentleman and lawyer. The last five
words were used to punctuate parting
glance of disdain at KowalSky.
When kowalsky'S turn came again he
only contradicted General Barnes on one
point. He said that be (Kowalsky) had con-
tributed to the argument.
Judge Coffey-Did you in the sense of
fabricating furnish any testimony in this
case?
Kowalsky-I did not. / produced moth
ing but The truth. never work up cases.
My conduct was entirely consistent and in
accordance with the ethics of the profession.
Judge Coffey-Are you connected with
an established industry for the purpose of
asserting the rights of adopted children TO
large estates?
mo, sir"
.'Do you know of any such established
industry?'
"No, SIR"
Judge Coffey handed the witness a Su-
preme Court brief IN which such scandal
Gus assertion had been made and In which
Kowalsky was pilored. The witness for
tie first time betrayed some emotion.
dropped his eyebrows, expanded his iowls
and looked the ricture of man without a
cinch. He wanted TO explain. but Judge
Coffey promptly applied the gag: Never
mind, sir" he said. 81 asked you about il.
You have answered no. You need say
nothing more about IT,"
During the morning Joseph Naphtaly, the
attorney for Public Administrator Pennie.
told the history of the proceedings a. far
as that official was.coucerned. MI Naph-
tally SAID he had advised Mr.. Pennie to pay
out certain sums TO Corbett upon the au-
thoriiy of the order of the court approving
fha Eofu 81 i:..