The morning call., 1893-06-07
WHAT DAN SAID.
Nellie Murphy Declares
He Was Liberal.
A MUSICAL FOREIGN VOICE.
Rev. Father Sweeney Comes From
England and May Testify in
the VIII Contest.

The first innings in the Murphy will con-
test closed yesterday before Judge Hen
shaw in Oakland for the plaintiffs, and the
battle was taken up forthwith by counsel
for Misses Nellie, Fannie and Isabella.
As 1t has been claimed by the contestants
that Fannie dominated her mother in
business matters, and therefore might pos
sibly have unduly influenced her in max
ing will. the following letter was offered
to the court as cOrroborative:
SAN FRANCISCO, Dec. IT, 1886.
Mr.. ReVnolds-DEAR SIR: / would be much
obliged il you would send ne back at oncr the
paper you printed TO Mr.. McAllisIer. concern
ing our interest in Murphy, Grant y Co., and
also the statements Of The Murphy interest fur
niShed US by Murphy. Grant & Go. bv Mr.
McAllisteT's advice W. are going TO appeal, l
believe, to the Sunreme Court. l will return
them afterward. Yours. truly,
For Anna L. Murphy, executrx.
Another letter, which says, Mrs. Muir
phy and daughters have consented to Mr..
Grant making the lease TO O'Brien." was
introduced in evidence TO show relations
between the mother and her daughters.
Then Dan was recalled to the witness
stand
while YOU were at the store and a mem
her Of the firm of Murphy, Grant Il Co. did
you cOnSpire to do your mother out of her
rights?" Mr.. Wheeler asked.
Il did not" was The curt and positive
reply; 2#.r. vor then or a, any time in league
with Adam Grant or Joe Ford to do your
mother out of her rights"
81 was not"
The COL testants were allowed to prove
what the English law is on Geographic
wills, and they will take advantage of the
perm issOn later
his closed the case for the contestants,
ana al adjournment was taken TO give the
proponents time to arrange testimony.
Inc Yo!uminOus deD0stions made by
Misses Nellie. Fannie and Isabella Murphy
IN the Palace Hotel and at the offices of
CARRIER, Boalt Il Bishop we're once more
dragged tfOm the big box of documents.
w hen reaa during the early part of the
proceedings by Attorney Wheeler portions
were purPOsely omitted.
In open ng the case for the defendants
Attorne5 Foote read extracts from the de-
position of MISS Mary Helen Murphy
omitted by Mr.. Wheeler. Ii was held by
counsel for the defense that these portions
were material evidence and in favor of the
Sisters.
While the deposition was being read
Rev. DunstOn Sweeney, pastor of a church
at Great Malvern, England, took seat in
the courtroom near the young lad eS. For
merlv Father Sweeney was a Beuedlctine
monk, but he became private chaplain to
the Earl or Denbelsh. Later on he as
oAAtH0h NId4 80 VI q pdLAcu a. Ahoiliuudb
Great Malvern, a picturesque resort ceIe-
brated for its baths and mineral springs,
IN the vicinity OF Benningham and within
few hours ride Of Lady Wolseley's home
in Stsffordshire. H. was a friendly coup-
selor Tor the Murphy family, knew th cir
affairs quite intimately, and had just ar
rived from England presumably for the
purpose Of testilyiDg in the case.
Miss Fannie referred to him in her depO-
stion as an adviser and peacemaker. He
desired to briug the family together and
put an enc TO The dis graceful quarrel.
When Mr.. Foote reached the end OF Miss
MuFphy's deposition she was sworn as a
HiS-ez'5 * .he request of Mr.. Wheeler,
IhAre were a few points in the lady's
statements which he wished TO bring out
yiSlbly.
Miss Murphy, you testified that your
mother was dissatisfied at your brother
Dan coming to California TO probate the
WHIP he remarked.
The reply came in a musical voice that
was altogether English.
I'VE all thought our brother came out
here for that purpose, but afterward we
learned we made mistake" replied Miss
Murphy
DO you know that Dan had nothing to
do with the probatiDg Of the will?"
Il don't know ANYTHING about it."
What did your brother Dan say at the
Occidental Hotel during discussion over
your fathers estate?"
Dan said we should all keep together,
so that there should be no fighting, and
mother should get half the net income of
the whole estate for life, so that at her
death the estate would all go to the chill
dren"
WAS that what your brother Dan said ?"
"Y es, that was all"
Counsel for the defense announce ed they
would read other deDoSitions. and so Mr.
Metcalf began the reading of a transcript
Of Fannie's testimony.
At the hour for adjournment he was only
half way through, and the Judge told him
20 postpone his work until this morning