The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-02-07

He Says Jordan and Van Buren, Both
Wanted DIR. Russell as Partner.
How the Assistant Was Trying to Euchre
His EmpIoyer-Rea1 Estate Deal For
Eiind-Yesier Sure His Will Could
Not BE Eroken-kellogg, the Ac-
eused Go-Between, Missing, and
His Lawyer In Contempt.

The proceedings in the yesler case in Justice
Humphreys court did not fail TO sustain inter-
est yesterday. After few witnesses had given
testimony corroboratiye OF former evidence.
Daniel Kelleher, one of the attorneys represent
ing the Lowman interest in the contest, was put
on the stand aud told the whole story OF the
attempts made by Dr. Van Buren, 20 sell his evil
dence as TO the existence OF will. His story
was one Of absorbing interest, and was told in
plain, straightforward, matter of fact way, keep
ing the attention Of the audience closely
fastened upon ii that a pin could have been
heard 70 drop while the witness was poDdering
on his answers. and Mrs. Yesler and Mrs. eagle
leaned forward in their chairs in their anxiety
TO hear every word Of it
Mr.. Kelleher's story brought out all the pro-
visions of the wsl, as they were told 10 him BY
Van Buren,. Il also showed that Van Buren, was
carrying on negotiations for the sale to ]. D.
Lowman OF the PROC. that the will existed az the
came time as Dr.. Jordan was negotiating with
the city for the sale or the same commodity, aud
that the two doctors were each engaged in a
struggle to secure the cooperation OF the third
witness who give the required evidence, the
lsw requiring three witnesses 10 prove u lost or
destroyed will.
This story also showed that c. l. T. Kellogg
was tbs go-between in Van Bureu's negotiations
with Mr. keileher. and this piece OF evidence
lei UP 10 another remarkable incident ". II.
White wanted Mr.. Kellogg called q Witness
and i was announced that he had been sub
pu1seG, but had not been seen for a week. His
attorney, L +. Thompson, stated that the sub
poeaa irregu ar. and WAS then put on the
stand 20 testify in bench warrant proceedings
lie declined 10 say whether he knew where the
missing witness was, and after a wrsnsle with
Mr.. White his commitment Tor contempt WIS
ordered, but the court so far re.ented as 10 give
him until this morning to answer Meanwhile
bench warrant was issued to compel kelloggs
appearance.
at tbs opening of the morning session Mrs
Fay all led ny nd in
examined as TO her movements on January a.
tie day which she went TO see Dr. Russell and
Mr. Lowmsu, and on which she had the inter.
view with Drs Jordan, Van Buren, and Russell.
Mr. Lowman did not know she was going 10
Jordan's office, but she told Mr.. Fairfield and
Mr.. Harold. the detective. she had had the in
terriew with tho three doctors.
J. c. Whitock, attorney in the Office Of
Ronald & Piles, testified that he remembered a
meeting OF the council at the office of that firm
the morning OF January I3. DR.. Jordan was
not there. All went mp TO the city hal, and
Mayor Ronald left word with the witness for all
who came later to go 10 the city hall. Mr.. Rom
aid telephoued to Mr. Donworth.
Alderman I. 81. DAuiton then testified as 10
the proceedings at the secret meeting OF coun-
CT, generally confirming the statements of
other members to Junius Rochester's pro-
posal, and added:
Rochester said he had seen the parties and
had worked some little time on the matter and
they were about TO kick him out oil the Office
and have nothing to do with IL. He said he kept
ct them, or kept working on the case until they
finally conhded In him. l objected To the
ployinent of Mr. Rochester because We had "A
competent counsel to take of the legal
business OF the city, and again did not favor
putting up money TO reward crime. rs | consid-
cred II Rochester said that he would pay the
people who would furnish the information out
OF what he got from the city.
The mayor was recalled, and at Rochesters
suggestion was asked about the disposition TO
kick. lie said:
! think Mr.. Rochester did say that they (the
would be sellers OF the will) first came To HIM,
and when they first came 10 him he was first
tempted 10 kick them out OF his office or put
them ont OF his Office. He did not put them out
OF his Office, but think they came two or three
times 10 HIM before he really Sed 10 them.
Daniel Kelleher. the attorney was then
called and everybol y listened with increased at
tentinn. Mrs Yesler being particularly inter
ested listener she looked serious when her
name WAS mentioned in way which would
seem 10 impiicate her Tia the plot, but the Incl
dents illustrating Mr.. Iesler's fear that he
would be poisoned made both her aud her
mother smile. Mr. kelieher had just really be-
gun his story about his dealings with Van Bu-
reu ty stating THAI he met that individual on
the street on January y and was told by him
that abe Would he up tonight" when Mr.. White
entered objection To the admission OF any
statements made by Van Buren, 10 any third
person in the absence OF Mrs. Iesler. because il
was not good against his client, though 1t
might he good against Van Buren,. The testi-
nlony was admitted antt exception taken. Mr.
kelleher's evidence continued in substance:
| saw him in my Office in the Bailey building
about 30 thar "T'nlnt, accompanied by {. l.
T. Keilogg M Van Buren, III "a very ex
cited condition TIE Arst time he came IN my
cifice. aad seemed To be very nervous and
flushed. H. sat down and looked around the
room seyeFai times. and looked over his shout
der, etc, ANA seemed - be IN IA very nervous
al - "A - ah
nothing III particuiar in regard 70 this affair."
and Kellogg told HIM tpaiy To get down 10
business, and tolG h;n to relate to me what he
knew about this affair. He then started with
his story. aud " ia give II IL nearly rs can in
his own words. lie told me that he WAS very
close intimate with Mr. lesler N his lifetime;
that curing his last Illness probably more IN
innate with him than any otncr pe-son; that in
the early stage of his illness he had full
charge OF HIM his physician; that
about a month or sG before Mr.: Yes,
rather RAPIDLY ana he said il rather scared him.
and h. said be thought 1t was too mUch yespon-
slbilty II ;ake upon hlmsel ana finally, waen
Mr. YTster took 10 his bed. he said tAat he frIt
that &c could not take the responsibility o. the
tuit charge on h3m-etl. aud II was al that time
THAT Mrs. Russell was called ia, tic sald that
there was some task IN the mousse about there
being a REGULAR physician, NAT he called q
regular physician. lie ssid thar b. Auaie Rus
sell "a regular physician. aud t5at rs she had
Htteu aed Mrs GescF pSioT 10 thai Tor some
woIuau's disease sae was the one that Was de-
c.det upon to come H. lie talked sometime
anout The illness aud tot! him | was not in
fsrested very much ia tie Illness Of SIR. leslcr.
tnat that was not the business he there Tor
J .cid him J wanted him Ia tel me what
IL knew about tie Will He would
start Of AMI tell ABOUT the viii
ana then re wound slsItch n again to
the last illness. lie spoke = good dtsi about the
Illness. bar. getting down 10 the satjeci OF the
will hc said ihat, after Mr.. Nesier came back
from tie Yellowstone parS late .Hst summer u-
tbe early part % the TAI. he iu the house
At that time he said. he s.Rylng IL TIC
house ana Mr.. Icslcg called him into the IL
brHrv one DAY. and he sad tae date Wa. 10
nestly ~ he could remember, "a Septe. ocF iAst
That MI Yes .eg had ia his haud asaeSt OF fools
can pap.r win writing Il, written on three
pages aud a part Of fourth page Mr.. Yesler
said
s,Th1s is the last will that have made There
has been good deai OF TAX ABOUT breaking
wills. bat trls wli. IhAt haNe made can no; be
Dyeset. ! have got tals Viii aKed So tAat II can
ms &c broken.
he 49, aawa Al the invitation Il Mr.. Yesler.
saa Nr. Ye.ef TegI over the will leaving ont the
safsssI pas If L. Then he said he saw tnc sig
uart4re So Ar. 1ssief 20 Ihe wlll. AID that no
snw The Ni.l ia the handwriting Of Mr.. Yes
lsf 5ie aaagFl atd it a. "a large handwriting. lie
saa taet as saw tte name. he said that he Saw
Sc Signature g the $50 witnesses on the .ciS-
hand si8s ~ ius page tast the nSmes 81 the
ssfnsesas hu sis uat feColect he theu tod
sac Eas c9uieEts o3 tie Will, sad IL was 10 this
sFsss
4as3 p. esrt- q h-s bfethoTs and sisters he LETT
ass a.a. ~ est}. g. ] d iowmsn he lelt the
8aeteE lB4.a. tu H5Haau 4Us er. his vile, Ae