The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-22
MRS. GARCELoN USED TO FEEL
WORSE AFTER JUDGE
STANLY'S VISITS.
FIVE WITNESSES FOR DEFENSE.
THE TABER NOTES DID Nor SELL
AT PAR-CAPTAIN PURRING-
TONS STORY.

rington and 0. c. Miller, president of the
Sausalito Bay Land Company and executor
of Stephen w. Purrington's will.
Judge Foote, the counsel for "the boys"
when they received $500, 900 not to contest
Mrs. Garcelon's will, concluded his testi-
mony, begun last week, by telling some
thing Of his understanding of the relations
of Mrs Garcelou to the nephews. Mrs.
Taber, the intimate friend and neighbor of
the old lady, whose physical and mental
condition she discussed, told more of that
pain in Mrs. Garcelon's head and of her
cautiousness in Stephen burlington 8 pres
ence. Captain burlington. the master
without ship, and all because of his CIV
ing up the sea to become a sort of third
officer at Mrs. Garcelon's, went over the
story of his financial losses due to his be-
coming an ordinary land lubber for pay,
and incidentally raised the presumption
that he is not altogether disinterested
witness in the big suit. The days session
was slightly prolonged to assist the last
witness to complete his story, but the
slow, thoughtful, precise and deliberate
Miller could not finish before that youth
full exponent of judicial courtesy, Judge
Hayne, was on his feet with the remark,
ut seems to me we will never get
through"
Counsel for the defense put their heads
together, and then Arthur Rodgers an
nounced that they would in all probability
complete their oral testimony by the end
OF to-day's session.
Now, Mr.. Foote, tell something of the
conversations you had with Mrs. Garcelon
on your numerous visits" said A. A.
Moore, the Oakland attorney, as he took
his turn as questioner tor the defense.
Are you driving at that monument
story?" began the witness. II thought |
had been pretty well over the whole ground
in response to every ones questions;
everybody except Mr.. Olney has ques-
toned me. ! went down into the base
ment, and, at Mrs. Garcelons request,
viewed the model for the Merritt monu-
ment.
'She told me that she intended to settle
the matter; that the boys had been I'M
Justly treated; but | would not discuss the
subject with her alone.
II told the boys when they signed
the compromise papers that if the old lady
were left to herself / thought they would
eventually get the whole property any
way, and | ara still of that opinion"
After the defense had tried in various
ways to avoid Judge Haynes successful
allow the witness to tell what Judge Stanly
had said regarding Mrs. Garcelon's ability,
the counsel for the plaintiffs consented
that the whole matter should come out.
WELL" resumed Foote, "Hackett came
voluntarily from Judge Stanly and told
me that Notwithstanding DR.. Merritt's will
this old lady could not make any papers
that would deprive these boys of their prop
erty. l asked Mr.. English to go to see
Judge Stanly and find out whether it was
so or not He returned and said he had
his talk with Judge Stanly, and it was
practically the same as Hackett had re-
ported. Neither of them told me that
Stanly said she was too weak-minded to
make a will"
Mrs. Taber. all in black, with only lit
tie dash of green in the small iet-betrim med
bonnet on her golden hair, swept on to the
stand and took the oath.
81 met Mrs. Garcelon in 49," began the
wife of the photographer, land used to
call at the Merritt house very often in the
evening. My husband was there more
than 1 was; he was there every evening.
''She was a tall, slender woman, and
stopped forward and slightly down toward
the left side. She was weak, and had the
appearance of thin old lady, and she
could not move round very well.
81 always used to find her in the billiard
room either. sitting in an armchair or
lying on a lounge. She complained of
pain in the back of the head and also had
dyspepsia. She took three kinds of medi.
cines for these troubles and for her general
weakness.
Eve lived in house three doors below,
rented from her. Stephen burlington
came over one day ana spread sack over
grating in the sidewalk that we had
opened to carry off the lawn drain, and he
said that the embankment on Lake Mer-
rift had been washed away because of the
extra water through the sewer. / was in
dignant and went over to Mrs. Garcelon
about it. and she said: well, he's an old
fool. He might have known that thatllit-
tie water would not wash away an en-
bankment.'
"'ShV she added. Don't say anything
about there comes Stephen. Don't take
the sack off, but let it remain for day or
two, and then. have your Ohinaman take
it off, and he will think the water washed
it away
Respecting the will, she said she was
worried about the whole business; that it
gave her pain in the head. She wished
the doctor had not left her anything.
Sometimes after Judge Stanly had
been there she looked very pale and occa-
sionally very red, as though she had a
fever, and she used to remark that she did
not get strong from one visit before an
other.
"She was easily influenced if approached
in the right way; butif she thought any
one was trying to dictate to her she was
very stubborn.
"Mr. Rodgers. she said, had poisoned
the doctors mind against Fred, for he
feared Fred might get his place as the
doctors business manager.
"She wanted me to have Mr.. Taber
visit the boys at Mrs. Shattuck's and tell
them that if they behaved they would get
more from her.
James Merritt used to drink a good
deal and she didn't want him to-
WASN'T your rent considerably in ar
rears?" asked Judge Hines.
II don't know, replied the witness, a
little flushed.
Yes; Mrs. Garcelon gave my husband
note for $4,000 and he took it"
You thought she had mental capacity
enough to give that noteH" persisted the
suave Hayne.
II certainly did,"
And then Philbrook took his witness for
the hnal soothing of her nerves before she
should be excused.
''She told me she thought it no more
than right that he should have that
amount. for Mr.. Taber had spent about
$4,000 on the house and had made DR.. Mer
rift presents of lanterns and chandeliers
and silver soapdishes for the yacht"
Captain Frank Purrlnton, the man with
in eide pOckaffuIa of dia riaa apd otbar ,,,-;I