The San Francisco call., 1895-10-19

tions concerning Mrs. Garcelon's dislike
for Henry Rodgers. Mr.. Foote and the
old lady had discussed Rodgers. She told
him that it was most singular the doctor
had not changed his will after his disagree
ment with Rodgers. Mr.. Foote suggested
that the doctor might have done so and
that thew had better look around for an
other will.
Mr.. Foote also discussed Stephen w.
burlington with Mrs. Garcelon. She says
the boys had been treated unjustly by DR..
Merritt's will and that burlington had
worked against the boys.
burlington or Rodgers?" lnteriected
Mr.. Hayne.
both; but on this occasion we were re-
ferring particularly to burlington. Later
on she said Rodgers had tried to drive the
boys to some foreign land"
Then Mr.. Foote told about his dealings
with Judge Stanly and Judge Lawton
while he was endeavoring to effect COM
promise between Mrs. Garcelon, the Mer-
rift estate and the Merritt nephews. Once
the three great legal lights met at the Lick
House to this end, but the purpose was
baked by Judge Lawton refusing to sign
the paper presented by Judge Stanly.
The latter began to swear then and say
some pretty tough things" and it was
getting tolerably hot" said Mr.. Foote.
Three or four days later Mr.. Foote called
upon Mrs. Garcelon and then Judge Law
ton was discussed. She asked Foote's ad-
vice about the propriety of having Jud ge
Lawton removed from the trust on the
score of drunkenness and incompetency.
She asked him if he would charge fee for
having Lawton removed. Foote replied
that he would do the job for nothing.
Mr.. Foote said he was anxious to have
the settlement made, so that he could get
his money out of it.
'tYou didn't know, then, that she was
willing to give three times that amount,
did your" interjected Mr.. Hayne, who
could not resist the seeming opportunity
for scoring point.
But Mr.. Foote was not asleep. mo, |
did not" he replied, ''but 1 have since
learned great many things, Mr.. Hayne,
which am willing to relate at your con-
venience."
But Mr.. Hayne did not press the point,
aAd when it came his turn TO cross-exam-
inc he asked but one question, whether the
boys understood the terms of the compro-
mise.
They must have understood every word
of it perfectly, Mr.. Foote said. This was
not, it seems, in reference to the original
terms of compromise. That had been for
enough to pay Mr.. Foote's fees and ad-
vances to the nephews. Mr.. Foote was ON
the point of accepting it. He had gone TO
SissOns and secured the assent of the boys
and their power OF attorney. On his way
back he thoughtthe matter over and con-
cluded that 100000 was not enough for
Fred and Jim Merritt. He told Judge
Stanly so. The latter threatened to go to
Oakland and fix matters so the boys would
not get cent.
..You fix it and I'll bust it" retorted
Foote Then he went back to his office
and judge Stanly started for Oakland.
before he reached his office Mr.. Foote
began to doubt his powers of busting"
whatever arrangement was made concern
ing the boys, SO he telegraphed to Mrs.
Garcelon to do nothing till she had seen
him. But Judge Stanly got there first and
had already fixed things, SO that in the
end the boys had to get along on SIPS 900,
less the 20 per cent due Mr.. Foote.
Mrs Mary K. Purinton and her husband,
Captain Frank W. Purinton, were also wit
nesses for the defense yesterday. Mrs.
Purinton used to go with Mrs. Garcelon to
the market in the morning. The latter
often told the shopkeepers that their wares