The morning call., 1893-06-11
FELIAL CARE FOR THE MOTHER.

A thunderbolt In a clear sky awaited the
lawyers for the fair contestants In the
| Murphy will contest when court convened
at 10 o'clock yesterday morning. Mr.
| Wheeler announced find" He said
that highly important letters had Just
been discovered in two old trunks con-
cealed In the garret of the Murphy build
ing in San Francisco. These trunks were
accessible and had been all along, but the
fact of their existence had not been ascer-
tanned until the night before. In view of
the Importance of these letters, which
tended TO fully corroborate Dan Murphy's
testimony, Mr.. Wheeler asked permission
to reopen his case.
Mr.. Foote and Mr.. Martin promptly OBJ
jected, but the court ruled that this testi.
mony should be introduced. and Mr..
Wheeler proceeded to disclose the con-
tents of the letters. They were written by
Dan to his mo other and by Mrs. Murphy to
Dan in 1885.
The odd part OF the discovery of this
important evidence was that it came in
directly through Mr.. Martin. He had
called Dan Murphy to tho stand on Friday
and questioned him carefully about his
relations with his mother, and in his re-
DileS SOIuplUInR WAS Sdiu CUuNiUCeu
his attorneys that many more letters
existed somewhere that had not yet been
brought to their attention. They kept
this idea in N nj and when court ad-
inurned for the day at once Instituted a
search that resulted in the discovery of
the trunks.
Among other letters was the full original
of the one letter, pressed in part only, by
Dan, and from which fact Mr.. FOote had
oda str inf that Dan ha6 fra
Jared his letter book 10 meet the EXPRESS
exigencies of n contest. The remainder of
this letter was of even more importance
than the portion letter pressed aud tended
to show Dams care for his mother and his
general dsinterestedness.
Fully all hour was consumed in the in
| speCtiOn of the letters, at the expiration of
which time Mr.. Wheeler announced that
he waived the introduction of Colonel
, Thornt0n's testimony because the letters
had supplied all evidence necessary TO
strengthen Dams statements.
Dan Murphy was questioned as to
whether or not he bad ever paid Colonel
Thornton any money for legal advice.
The intention Of the proponents was 10
show that Colonel Thornton's services
were of a friendly, rather than profess
sional nature.
The witness replied that he had paid the
colonel nothing, but had given his note to
the firm of CARRIER, Bolton 81 Bishop in
payment of professional services.
That's ali | did," said Dan, "f you
call that paying.
Mr.. Foote grew humorous at Dams ex-
pense and said he really didn't know
whether IL was or not.
Miss Helen Murphy's testimony on this
point was ruled cut upon Mr.. Wheeler
obiecting that it was based upon hearsay
only.
The testimony being now all in the case
was finally closed and an effort was made
to settle upon some time for argument.
Mr. Martin, representing Mr. Metcalf,
the administrator, urged that they pro-
ceed at once with the argument, which, he
SAID, would only consume a short time, as
1t WAS all a matter of the facts presented.
10 this summary procedure Mr.. Foote
and Mr.. Wheeler earnestly objected, stat
ing that satisfactory argument could
not be prepared offhand and asked for the
presentation of briefs The court ruled
that an argument would be of no value
unless complete. anc therefore accepted
the other proposition.
1t was at last agreed that the Contestants
! attorneys should be given until July 10 in
which to submit their briefs, and that the
counsel for the defense be allowed fifteen
days thereafter to file their reply. Uuon
July 20 the case Is to come up before Judge
Henshaw for oral argument, and at that
time Mr.. Wheeler will he given an oppor-
tunity TO file q reply to the proponents
briefs. If he so desires.
This arrangement appeared satisfactory
to all parties concerned. and the case was
tnereup0n dismissed, to come up for final
argument on July %.
The text OF the letters so opportunelv
discovered by the contestants attorneys
is oiven in full -