The morning call., 1893-01-18
SOL HEYDENFELDT
Adolph SutrO Tells How He
Helped the Widow.
THE COMPROMISE CONTRACT
The Burden Removed From Mrs. Hey.
denfeldt's Heart-The Pad at
Mr.. Sutro'S Bedside.

Adulph Sutro, who drew the Heydenfeldt
compromise contract by which Mrs. Eliza
beth A. Heydenfeldt. the widow of the late
Sol Heydenfeldt, agreed to pay the other
heirs S6j.000 in consideration Of their with
drawing their contest against the probate of
the VIII, gave some interesting testimony
before Judge Coffey yesterday afternoon in
the suit brought to enforce the contract.
The plaintiffs are Mrs. Zsla o. Holdings,
Thomas o., Frederick o. and Inc o.. all
children of the late Judge Heydenfeldt by
his Second wife Catherine. The defendant
is Mrs. Elizabeth A. Heydenfeldt, the third
wife and sole egatee under the will. There
was quite an array of counsel in the case.
The attorneys for the plaintiffs were Messrs.
H waIsky, Kelly. Osmont and Robinson.
The defendant was represented by Messrs.
Heggerty, knight, Pearson and Mitchell.
Mr.. SutrO told how Mrs. Elizabeth A.
Eeydenfeldt came to his q flee in the Mont
gomery block about the end Of October.
1891, in great distress. She complained of
the scandalOus publications in the news
papers about her family. and had called on
witness as an old friend of her deceased
husband to see If he could not arrange mat
tiers. Mr.. Sutro asked her why she did not
go to the executors of the estate, Charles
Ashton and Julius Jacobs. She replied
that she did not think anything could be
accomplished by that course. Mr.. Susro
told her that he thought it very sad thing
to throw Odium on the memory of Judge
Heydenfedt and on his family. and advised
her that IL would be wise TO come to some
settlement with the cOntestlng heirs. She
told him the estate was worth between
nd " vi n
settle on almost any terms, as the scandals
were driving her nearly distracted.
Mr.. Sutro said he soon saw that Mrs.
Elizabeth A. Heydenfedt was not bust
ness woman-one who knew how 10 drive
sharp bargain. She proposed that he should
send for Thomas Heydenfeldt and she would
call another time. Witness did so, aud when
Thomas called he aid not tell him about
Mrs. Heydenfeldt calling, but asked him
whether the scandals could not be stopped.
Mr.. Sutro told the young man there was
something else besides money In the world,
and that his fathers name ought not to be
blackened before the public In connection
with family affairs Thomas said lie would
be very glad to settle the trouble, and acted
in very proper manner. He had brothers
and sisters, he said, who had 10 be consulted,
and Mr.. Sutro told him 10 bring them to his
Office.
Subsequently Thomas and his sister, Mrs.
Zeila o. Holdings. called on Mr.. SutIo. She,
he said, appeared with whole bunch OF
grievances. Her father. she claimed. had
promised her the homestead. She wanted
a mortgage paid off and whole lot of other
things. Mr.. SItro advised her 10 make con-
cessions and TO be reasonable il she desired
a settlement. Witness thought she wanted
much more than Mrs. Heydenieldt would
be jhStf ID in giving her.
Mr.. SutrO said he acted as friend Of both
parties, though he did what he could TO pro-
MrC Fai6 Suh tor
views were bad, but what was agreed at
one meeting was Tepudated in the next.
Witness considered that Mrs. Heydenfeldl's
state Of mind was hardly fit TO attend 10
business when she first came to him. She
afterward told him that if Mrs. Holings
wanted 5000 more than she had first con-
sented to give her to let her have it as she
wanted peace.
At this stage of the proceedings Mr..
SutrO produced the contract drawn up by
him, together with a number of letters from
the ladies to him. The attorneys asked
leave TO examine them before they were
admitted in evidence.
While they were being scrutinized Judge
COtfey and the great tunnel-bCider had an
amlable chat about the time they were in
Nevada aud the Judge dropped tear as he
spoke sadly Of the suspension of the Vir-
ginia City Enterprise, a journal which he
had greatly admired.
A letter from Mrs. Heyderfeldt to Mr..
Sutro, dated November ), 1891, WAS then
read, Ia it she declared that she would
pot consent 10 q settlement in view of the
ISLANDERS heaped upon her and demanded
he return to her paper she h ad signed.
1t was after lie received this letter that
she called on him again at his residence on
Sutro Heights and stated that a matter OF
$1,000 was no particular object as she was
very anxious 10 come TO an understanding.
Mr. Sutro told her that he was very busy
n md "a nj m hor iyir 1, a.,
time. He suggested that as she might
change her mind again it would be better to
put down in writing what she would agree
TO do. Witness did not claim 10 be a law
yer, but at her request he drew up the con-
tract which formed the basis of the pro-
posed compromise. By its terms she agreed
10 paw S65. 600 to the other heirs as follows:
To Zila o. HOllings $4,000 and the dis
charge Of S10,000 mortgage, 20 Thomas O.
Heydrnfrldt $1,000 and the payment of
$4,000 mortgage on his property, to Solo
mon Heydenfeldt $4,000, and 5000 each to
Frederick and lne Heydenfeldt. All the
parties seemed well satisfied with this ar
raDgement when they signed the papers.
Both parties said they did not want any
attorneys nor anybody 10 know anything
about it nor TO NEEDLE with it. Mrs. Hey
denfeldt said 1t had taken a burden off
her heart.
Mr.. SutrO said the executors, Ashton and
Jacobs. afterward called on him ard told
him the estate could not pay any such sum
of money, and that Elizabeth A. Heyden-
feldt only had life interest in the estate.
They asked witness why he did not adj
vance the money Witness did not believe
from their manner that the executors asked
this question seriously nor in Il business
sense. They meant simply that they had no
money and somebody else might as we'll pro-
vide the cash.
The other letters introduced in evidence
were written to Mrs Heydenfeldt either by
Mr.. Sutr0 or his secretary, and were simply
invitations 20 the lady 20 call on him regard
ing this business. Witness said he ldenti-
fed one of the letters as his, because it was
written on sheet taken from a pad which
hangs at his bedside. He remembered writ
ing the letter at 6 80 o'clock in the morning
when he took his coffee.
when do you take your coffee, Mr..
Sutro" asked Colonel KOwalsky.
''At half-past 6; that's earlier than you
take yours. Mr.. Kowalsky."
The cro5S-eXaminatlon of Mr.. Sutro by
Mr.. Heggerty did not seem 10 shake his
testimony on his direct examination.
The line of defense was fOreshadowed in
the questions of counsel apparently based
on the assumption that NJ s. Heydeniedt
was insane, or in such a state of mind as to
be Incapable Of making contract when she
signed the paper.
The trial will be resumed this morning
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