The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-08-14
HATTIE is LEFT.
Mrs. Schenck Will Get
No Allowance.
She Was Not the Widow of the Late
p. N. Mackay, and Her Girl Is
Not the Latter's Daughter.

1t has been some months now since Judge
Coffey's courtroom-lhat scene Of many an ex-
citing event-waS enlvened by the proceed
ngs n the contest over the estate OF the late
p n Mackay. The value of The property in
vOlved, which was about S350,OO0. as well as
the unusual features OF the ease, made it de-
cidedly interesting one while it lasted.
When Mackay died, in April, 1893, he left a
will in which he made an allowance OF $50
month for life 10 his cOlOred housekeeper, Mrs.
Hattie Schenck. Nothing strange was thought
OF This generous bequest, as il was known that
the cOored woman had taken considerable
care OF Mackay, and that he thought some
thing of her-as a hOusekeeper.
1t was but short time after the will had
been filed that Mackay'S friends and relations
as we'll were shocked by the appearance In the
Probate Court Of a petition filed by the colored
hOusekeeper, wherein she set forth that Instead
OF being mere houSekeooer for Mackay she
was in reality his wife, and she backed up her
statements by producing female infant with a
coffee and cream" complexion. This, she
said, was the result OF their marriage, MI.
NJ ckay being its father.
In the petition she proceeded to tell the story
of how the marriage" came about. She had
first met Mr.. Mackay al the Palace Hotel in
1879 where he was confined TO his roon with
time, and Immediately undertook 10 care for
him as a part OF her duties. He so liked her
little attentions, she alleged. that In the fall OF
that year lie induced her TO 90 TO Denver with
him. There, she said, they were married by
contract and lived together until 1880.
From Denver they went TO New YORK, and as
their contract marriage was not in accordance
win the laws OF Inc Empire State they were
remarked under . new form OF contract. This
union lasted, she maintained, alter they came
TO this city and up 20 the time of his death.
The case occupied considerable of Judge
Coffey's time in the trial. The woman's attor-
Deys sought to show that there had been a legal
marriage between tn TWO. Although the baby
was not born until June. 1898, two months
after Mackay's death, the counsel maintained
that he had agreed to adopt il before its birth
There was mass Of evidence on both sides,
ana day after day the dusky baby crOwed in
the crowded courtroom, while the lawyers for
Its mother sought to form the chain OF circum
stances so as To prove TO the satisfaction of
Judge Coffey that Hattie Schenck was Mrs
Maekay aud the young one was Ruth Margaret
Mackay.
What the woman contended for was family
allowance of $3.50 a month from the estate for
mother and child.
Judge Cotfey decided the case yesterday, and
IN his decision completely knocked out The col
ored Woman's professions and aspirations. The
testimony In the case was carefully reviewed,
and the court had no hesitation in saying that
Inc W0man'S testimony was not worth much,
because 1t was contradieted at almost every
point by evidence of an almost unimpeachable
character. While she had said that she hau
lived for years in different cities as Mrs. p. n.
MackaY, she could hardly find witness to
prove that statement
Stress was also laid by Judge Cotfy upon
the TACT that In his Will Mr.. Mackay referred TO
the woman my bousekeeper, Harriet
Schenck," and made provision for her as such.
Ibat he had not adopted the child was evil
Oenced by the fact that he neither made any
provision Tor II nor even mentioned il.
In conclusion Judg Cotfey, in denying the
Woman's rights TO family allowance, says that
II was not shown that there was a widow or
child, legitimate or adopted, of deceased, TO
whom family allowance can be made; sec
ond, that The child of the petitioner is not The
issue OF marriage within the meaning of sec
tlon 1887 OF the Civil Code. nor any other
chll1 IN question Is not the illegltimate child OF
I. n. Mackay, ana was never adopted or
recognized by him in any public way OF al all