The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-06-13
HER STORY TRUE.
In Spite of Its Lack of
Confederation.
The Claim of Mary Rogers to Mrs.
Kennedy's Estate Upheld by
the Supreme Court.

The Supreme Court rendered decision
Yesterday affirming the judgment of the
Superior Court in the matter of contest
over the will of Mrs. Catherine Kennedy,
deceased.
This was case in which jury in Judge
Sanderson's court rendered a verdict upon
practically the simple story of one wit
ness, without direct evidence of any kind.
1t was peculiar story altogether. The
Mrs. Kennedy in question died in San
Francisco in April, 1887. leaving a fortune
of some $4,000 TO her son by former
husband, John E. Tomlinson. The will
was contested by Mary Rogers, who claimed
to be the illegitimate daughter of the tesla
trix, and who offered to show by her story
how she came to be so inexplicably left
out of her mothers will.
During the trial of the case Miss Rogers
story was told at great length. She said
she was born in Ireland. but left there by
her mother, who, when she journeved to
America. placed her child in the care of
relatives. In due course these relatives
emigrated to America, taking the child
with them. and took mp their residence in
Buffalo, n. Y, where Miss Rogers Ie-
NAMED until she was upward of forty
years of age.
II vas never shown that during all this
time the contestant was ever visited by her
alleged mother, or recognized by her as her
daughter. However, Miss Rogers told how
her mother went eventually to New
Orleans, where she was twice married,
having two sons, one of whom is dead and
the other the proponeDt of the will. Later
on the deceased came to California and
married a third time, her last husband
being S. T. Kennedy.
Miss Rogers told that in 1886 she received
a latter from her mOfhar CiUnR0 GnPh
and addressing her as ''her dearest daugb-
ter" in which Mrs. Kennedy begged her
to join her in California. In proof of her
desire she inclosed with her letter a ticket
for her passage and So in money.
The contestant obeyed her mothers in
structions and journeyed to the Pacific
Coast. She was met at the ferry by Mrs.
Kennedy, who told her that her relation
ship must never be disclosed, as her SOD,
the proponent of the Will. was "a drinking
man ana apt TO be very violent at times"
This, the contestant declared. was the true
reason that she was never publicly &C.
knowledged as Mrs. Kennedy's daughter.
unbacked by evidence, and the jury re-
turned verdict in Miss Rogers favor,
allowing her one-half of the estate. The
case was promptly taken 10 the supreme
Court by the propOnent of the will.
In affirming the jury's verdict the Su-
preme Court comments on the fact that
there was absolutely no proof of recogni-
ton whatever, but there was proof by one
witness that Mrs. Kennedy had on one
occasion sent ticket 10 San Francisc and
So to some one in Buffalo, ''her sister," she
said. The testimony of the witnesses on
the other side was not held to be very ma
terial. and the Supreme Court, holding that
the preponderance Of evidence was in the
contestants favor, and that she had told
her story in very straightforward man.
ner decides that the Judgment must stand