The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-07-28

tiinUHy, ditHOugu COTTODOTaleu MS 10 tn0
execution Of the Will, Is cOntradicted on
other points.
When the hearing was resumed yester-
day Attorney FL. |. kowalsky went on the
witness-stand. He testified to the fact
that there was no representative OF his in
the office on the day on which notice of A.
E. Bottoms deposition is alleged to have
been served. At the same time K0walsky
fled affidavits in support of his coDtentio
in response to a direction Of Judge Levy
of the day before.
This closed tue case for the plaintiff and
KOwalsky lost no time in placing the pres
ent administrator, A. E. Ball, upon the
stand. Ball said he Ind known Chester
for more than fifteen years. and that, 10
the best OF his knowledge. he was in the
last stages OF consumption during the few
months before his death. Ball had been
on the most friendly terms with Chester
during all thes yec.S. with the exception
of two or three months Immediately pre-
cedDg Chester's death, when some trifling
difference had estranged them. Bail had
been in the habit of visiting Chester con-
stantly at his residence ON Golden Gate
avenue.
Asked about the existence of will the
witness said that he had not seen one.
He knew that Chester kept tin box in
his desk at the Office, but as far as he
knew it contained only papers of no par
ticular value, with the exception of an in
surance policy. On the day of Chester's
death he and Kowalsky had gone down to
the Office and searched for all papers be-
longing to the deceased. They opened the
tin box and took out all the papers, max
ing at the time a memorandum OF what
they were. There was no will. Among the
contents of the box was a certificate OF j.
T. Turner. Witness Gid not know what It
was. Most Of the papers represented
shares in different companies.
Ibid you ever speak to Mrs. Chester or
did Mrs. Chester ever speak to you of any
Will that her husband might have made ?"
Eyes, once. She informed me that she
believed her husband had made will,
but that it had been destroyed"
did Mrs. Chester. to your knowledge.
know ANYTHING OF any other papers be-
longing to her husband?"
''She told me that she knew nothing
whatever of any papers belonging to her
husband"
Continuing, Ball said that he had
searched high and low for will. He had
searched all the safe deposits and banks in
the city. but without result. Finally he
had come to tho conclusion that il there
was a Will at all il must be in st. Louis.
How long after Chcster'S death did you
see Turner?'
The very next day. He said nothing Of
any VIII. and denied all knowledge Of its
existence when l met him at Chester's
funeral He did once admit that he had
witnessed will that Chester made, but he
did not know what had become of it,"
did he not say something more than
that on one OccaSiOn?"
"Yes. He once said that the will was
most unjust, and he said further: .YOu
bet your life. Ball. if I'd come across that
will no one would ever have found it,"
/ Further examined, the witness said that
Rl.~ ~
saw sensational article in newspaper.
He then went to Turner and said:
Turner. there must be will some.
where. II there is yOn must have it, anc
you'd better give it uD."
Turner had repudiated all know ledge Of
the matter on that occasion, ard he char.
acterized the newspaper article as A.
lie"
Tell me, Mr.. Ball." asked kowalsky,
have any fees out of the estate been paid
to me as attorney UP to the present time ?"
mot cent"
Here benson mildly interposed an OBJ
lection. He couldn't see what Kowalsky'S
fees had to do with the matter before the
court. So Kowalsky gave In.
In cross-examinalion Ball said that on
the 4th day of February. the day of Ches-
will. And he had never thought so until
the newspaper story was published. He
and Kowalsky had gone to Turner'S office
and asked for Chestor's papers. Neither
Turner nor his clerk, Miss O'Donnsll.
made any mention OF q will.
IF you believed that the will was mt
here but in st. Louis. why did you search
the banks here?" asked benson.
Because / wanted all CT Chester's
papers. And l Thought it very sinenlar
that the notes for $4,000 and inward
signed by Turner, and in Chester's ms
session. were missing"
II think yor,said that Chester and vour.
| death 2" oeAoA0 niS
"Oh. yes But l visited him after
Wltnes subjected to long cross-
exaMlnS IN his inQuiring after some
.ss'"Ms document, but he adhered to
lho -: e. at first made. Fla was
p"s's.v when tho parties met fter
0nesleY 20 In Turner'S office the cues.
..Vn 2. mad come up In addition IN
o'nsA PA DeLonging to the estate. Both