The morning call., 1893-05-25
Mrs. Murphy's Agent Said
to Have Been In
tereSted.
THREE GIRLS WERE GOOD.
They Stood by Their Dear
Mother in Her Deep
Troubles.
THE WILL is IN EVIDENCE,
"L Think Ii Would Be Wise to Ad-
wise rIy Mother to Make
Will"

IL I0eT6 was any lillDS HOfbi plCh Oul
of the tangled mass of evidence in the
Murphy will case in Oakland yesterday it
was this. Miss Mary Murphy and her
sisters, Fannie and Isabella, did not
poison their mothers mind against Lady
Wolseley and their brothers.
Undue influence" on the sisters part
is the chief cause for action in the present
squabble over an estate. As the trial pro-
crosses the influence gradually appears to
have been among legal advisers. Indeed
the testimony and letters bearing upon the
subject show that prejudice was not created
in Mrs. Murphy's mind against any Of her
childen.
But there's no telling what the lawyers
may do.
OF course the breezy letters of Miss Mary
Murphy caused ripple of excitement.
Their disregard for ought else save the
writer's opinions was refreshing, and how
could a woman ever say such cutting
things as Miss Mary penned? She wIote
too freely and bitterly, particularly about
woman; but then-these girls do love one
another.
And this fair writer. this fearless young
lady who had the courage to defend her
mothers will for her sisters and herself. is
beginning to appear as a brilliant woman
capable of managing her own affairs with
a mind of her own.
1t is not disputed that Dan Murphy was
a peacemaker. or that he dreaded the
scandal of law suit, and offered to COM
promise TO avoid notoriety in an unenvi-
able case.
They sat at different ends of the large
courtroom occupied by Judge Henshaw,
but their eyes never met while family
affairs were discussed with light gayety or
gravity, according to moods Of all con-
eerned.
Whoever gets the money there will be
but little happiness in the victory.
In his deposition, which was read yester-
day morning by Attorney Earl for the
plaintiffs, Victor H. Metcalf said he first
met Mrs. Anna Murphy, the deceased, in
the latter part of 1886. He was employed
to represent her a Eugene, her eldest
SOD, in the matter of the estate.
MY first business with Mrs. Murphy"
said Metcalf. was when she gave me
power of attorney just prior to her depart
ure for Eew York and London. Miss
Frances, Miss Mary and Miss Isabella
Murphy also gave me powers of attorney"
The remainder of the deposition is de-
voted to correspondence and an effort to
bring out the fact that Mrs. Murphy had
made will without prejudice.
did you have any discussion with Mrs.
Murphy in 1887 with regard to a will?"
''She spoke to ME, not about making a
will. but about the disposition of her prop
erty."
What did she say to you with reference
to the disposition of her property?''
''She told me she intended TO leave her
property to her three girls, because they
had stood by her and had always been
living with her. She said they stood by
her in the trouble she had had with her
husbands estate. and they had not wanted
to take any portion of it to themselves,
but to let her have their portion of the
property, and considering that they were
girls she thought they should have her
property, and she intended to leave it to
them"
After the reading of the deposition Met
calf was asked by the plaintiffs attorney
TO take the witness-stand.
Nov, Mr.. Metcalf," began Wheeler, 81
will ask you to produce all letters from
Miss Fannie Murphy to you."
The witness delved into tin box full of
AuuhJ 4ObbCioJ tblO dAtGL luudRlnE among
the many documents brought forth several
tiny sheets of fashionable notepaper
penned In strong though stylish hand.
with writing crossed and margins utilized
with bewildering freedom.
II will show" declared Wheeler. that
Mr. Metcalf was biased against Daniel T.
Murphy. We propose to show that Met
calf was acting as agent for the Young
IadY nd
their mother to make will in their favor
and also for personal motives, that she
might give her property to her daughters
and appoint him administrator.
One of Metcaf's letters to Mrs. Murphv
was read as follows as basis for a charge
that he sought to influence her against
Dan:
do not see much Of Dan now. regret very
much his Withdrawing from the firm, but he
had fully made up his mind to do so. and MOTH
ing could change him. l wish that you would
get him to leave San Francisco for few
months at least AS / have written you sew
eral times, the more see him the better like
him. Dan possesses great many noble quali-
ties but at the same time he has weaknesses
ana if I could get him to make you visit for a
few months 1t would prove beneficial to him.
A business letter from Mrs, Murphy was
read. as follows:
April 6. 1890.
Mr. MetcolJ-DEAR SIR: Your letter OF the
18th OF March with the cheek for 326 pounds.
13 shillings, pence, was received on the Isl
of April. / have beeu quite ill., no. able TO
write, therefore 1 dictated Fannie's letter l
cabled you to-day not to sell Point Lobos ave-
nue. lot. am nervous. about having so much liz
the Contra Costa Water. Do you think il as safe
as the Spring Valley? / see so many complaints
IN the paper. Have you collec ed my railroad
dividend? AS TO the tenants not paying for the
gas they use, cannot help thinking that If
the agent made thorough and positive ar.
rangement at the time he Is letting the rooms
ana telling the tenants "if they objected to nav.
Ing the gas bills they would have 10 leave the
building" Such a stand must be taken and
the agent must do il. as we cannot afford with
the low rent we get, TO pay for their gas.
They must give up their rooms or pay higher
rent. and the agent must insist upon i'll!
wish we could get The tenants that would only
be In the building during the day; II would save
an amounl OF trouble. / have attended every
steamer since i have arrived and prayed for
Fannie's bills and the expenses for Mr. Murphy
TO send you on the papers for $1,000, giving
you the full statement Of all that was spent by
me out CT the $1,000. The other heirs hive as
much reason to complain as Dan. The papers
shall go by this mail. Th re is not as much
owing Dan oul OF the $1,000 as he owes I>a-
bella and myself. When you receive the papers
do nor let any promises from Dan or his law.