The morning call., 1893-06-09
FANNY FORGOT,
Interesting Testimony in
the Murphy Case.
The Sharp Cross-Examination by Mr..
Wheeler and the Effect OF
Forgotten Letter.

! When Judge Henshaw hurried out from
| his private chamb bers and briskly mounted
| the steps of the throne of justice yesterday
morning Dan T. Murphy was seated with
his attorneys at one side of the room, while
his three sisters, Fannie. Helen and lssie,
were conversing in low whispers with
Messrs. Foote and Martin upon many a
dark surprise that awaited the contestant.
When finally the case was called, instead
OF proceeding in regular open court, the
principals and their attorneys repaired TO
the Judges cham Ders with his Honor and
an hours talk was INDUCED in as to the
mental and physical condition of Mrs.
Murphy at the time when her unpleasant
ness with Dan and Sam occurred.
The contestants decia red that her irrita-
bility was caused by the physical trans
formation to which all women are sub
| jected at a certain period In their lives.
| There was vast deal OF wrangllng upon
| this point, and when at length the attor-
| neys fled out again into the courtroom 1t
was learned that little of Importance had
! been gained by the contestant.
! The first witness called was Miss
Frances. She was decidedly nervous ana
| flushed eXcitedly when cornered-which
was often the case.
The testimony covered the same ground
repeatedly gone over.
MY mother was especially put out
when Dan suggested the possibility of her
marrying again. She said she loved my
father. and did not consider it right of
Dan to suggest such a thing; the more es-
pecally as father had been so short
| time dead"
Mr.. Martin interrupted the proceedings
with demand for all the letters, originals
! or copies, now in the possession OF the con-
testants. Mr.. Wheeler objected but was
obliged to yield, and the letters were pro-
duced.
Mr. Wheeler. ostensibly to describe and
| identify the several letters, would read
favorable passages in deep. impressive
! tone.
That's very pretty and dramatic"
sneered Mr.. Foote.
Glad il pleases you," says Mr.. Wheeler
well, it don't please me-" cried Mr.
Foote in rage, "and l want 1t to stop
right here"
Mr.. Earl created mild sensation by
! springing to his feet and asking that the
Sarcastic smile" OF Mr.. Fonte be stricken
down completely and Joined in the laugh
at Earl's expense. II can't help you in
! this particular, Mr. Earl" he said.
Miss Fanny, who during the production
| of the letters, had deserted the stand and
| Joined her sisters, resumed her tesiim ony.
She stated that Dan had continually
urged that the estate be kept intact, and
that the heirs avoid fighting. When she
spoke of Dams conversations on the mat
ter of the validity of his mothers will she
stated that he had made the assertion that
he could drive a coach and six through
such will in San Francisco"
Witness denied ever having used any
artifce to influence her mothers mind to
a favorable will. She had frequently been
asked by her mother to write IL down as
she dictated, but Fanny had always said.
mo. mamma. don't talk to me OF wills /;
- I ~ hno IL
She testified to having often tried to
reconcile the differences between her
mother and Lady Wolseiey.
When Mr.. Wheeler opened up with the
cross-examination he did so with Will.
He led the witness cleverly up to the point
be wanted. He remarked, when you
made that offer to Lady Woiseley to share
and share alike. did you not think the es-
tate would be divided eQually?"
"Oh. mop said Fanny.
"Why did you send to California for a
copy of the Civil CodeY'
II objectP shouted Mr.. Foote. and the
court sustained him.
Ibid you ever hear of your mother
| having made will ?'
''No."
"Did she ever speak to you of such a
wil?"
mo. indeed"
Mr.. Wheeler arose promptly and pro-
n
Lady Wolseley in May, 1891, and asked
her to identify it. She flushed slightly,
but did so.
The letter ran as follows:
Dear Mamie: Mammals lawyer has arrived
quite safely. The boat he came by was a slow
one as be only got in Saturday evening. Mr.
| Metcalf has Brought the "will" which mamma
| told us about. 1t is In her own handwriting
but Mr.. Metcalf saws only Issie. Nelr and my
self are mentioned. The VIII, he says, he BE-
lieves is all right, but that, according to the
California law, when the other children are not
mentioned they can come in and claim share
| as though they had been, unless, of course,
| reasons can be shown that their names have
been omitted purpOsely.
simply write this 10 let you know how
| things stand. OF course, Mamie, would
! like TO know what you are going to do as we
| would like things 10 b. settl at unce The
boys, believe, have said or will tell MIR. Met.
| calf their intentions and lie will let us know.
| we are keeping pretty well, though last
night l was rather anxious, as my neuralgia
came on tremendously. II was an unusual
| affair.
How is Charlie? Nellie and Isse send their
| loVe 10 children and you all. Accept same
from your aft ctionate sister FANNY.
In his efforts to secure still further
testimony upon this point from Miss
Fanny. Mr.. Wheeler questioned and cross
questioned along the same line so per-
sistently. dodgng the objections that the
opposite attorneys urged. that the Judge
suddenly asked how much longer lie in
| lendeu 10 question tnls witness.
About an hour aud half" said Mr..
Wheeler.
His Honor slammed his law books to
with great show of impatience. "The
cross-examination has been unnecessarily
prolonged" he saId
1.-The court is adjourned until 10 o'clock
tomorrow morning."
Then he glanced at his watch and seiZing
his hat he hurried off to wedding.
The Deaf and Dumb and the Blind.