The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-29

whence came that influence. Inc
fact of the wife of his struggling youth
going to her grave without the enjoyment
of that half of what belonged to her in
Justice was a fact that should have APP
pealed to Edward Barron when he made a
will distributing his bounties.
The objection was sustained on the
ground that the question would not tend
to prove the main issues of the case,
whether the will was procured by undue
influence, and that with this came the
great change in Barron's attitude toward
his helpmeet, as testified to by the wit
nesses.
At the afternoon session of the court
another witness was called to the stand. 1t
was A. E. Davis, the well-known capital
list of San Francisco, who was one of the
founders of the narrow-gauge road to Santa
Cruz. Mr.. Davis is very large man. He
seemed to have decided opinion as to his
right to refuse to answer questions relating
to his private affairs. These affairs were
often intermingled with those of Barron,
about which the attorneys were anxious to
gain information. There were several
rather lively tits between the witness at
torneys and the court. In answer to ques-
tons by Mr.. Delmas the witness gave the
following testimony:
81 am in my sixty year. [ came to
California in May, 1S49, and have resided
here ever since. Ny pursuits during that
time have been various. Originally l was
wholesale butcher, but recently mining
has occupied my attention. Sometimes l
was engaged in the railroad business and
sometimes l was in real estate, in fact
almost everything. l have been a reason
ably enterprising and active man in my
time. l became acquainted with Edward
Barron in 1852 He was at that time
retail butcher. From that time I had
long and intimate acquaintance with him
till the time of his death. 1t was
always confidential both in business
and social matters. We were decidedly in
innate. I had business relations with
him always to very large extent from 1852
to the time of his death. In the beginning,
as wholesale dealer, I sold Mr.. Barron
meat for his shop. In the winter of 1854
and 1855 1 sold him large lot of beef
cattle. In 1857 during the trouble with the
Mormons, Mr.. Barron and / went into a
venture to buy a large lot of oxen with
WHICH W DI1IlS OuG JOuISIOll dII1N W COLI
quer the Mormons. 1t was something like
thousand head of oxen that were used to
transport Johnson's army to Salt Lake. In
1861 we went into mining on the Comstock.
We owned a quartzmill near Virginia City.
This mining enterprise continued to 1865
or 1866. In all these transactions we were
equal partners. Socially we were the best
of friends. We never had any business
secrets"
'What transactions did you engage in
later in your acquaintance" asked Del
mas. THAT" replied the witness, Twill
bring up private matters that l do not
think have anything to do with this case"
1--WE will not press the matter" said Mr..
Delmas, 'if it is private. In your opinion,
was Edward Barron man of sound mind
and disposing memory on February 4, 1892
when he made this will?" "He was not, :"
replied the witness, cat that time or for a
year or more before that; certainly not at
that time according to the best of my
knowledge and belief"
81 knew the contestant, George Barron,
ever since he was born" continued the
witness, in answer to further questions by
Mr.. Delmas. ''From 1876 to 1885 l was
president, general manager and treasurer
of the narrow-gauge railway to Santa Cruz.
In the latter year it passed into the hands
of James G. Fair. George Barron came to
me at my Office IN San Francisco and made
personal application for employment. [
gave him a position in the main Office as
clerk. He was under Superintendent
Luther Fillmore. George continued in
this employment four years. As far as
George Barron's conduct was concerned, [
never heard any complaint from his supe-
riors. If there are any delinquencies on
his part 1 never heard of them"
This closed the direct examination Of
the witness and a cross-examination was
begun by CARRIER. The first question was:
''What was the last business transaction
you ever had with Edward Barron?'
THAT is a fishing question:" said the
witness in hesitating manner.
"You are witness and not the Judge of
this court" said CARRIER. "All you have
to do is to answer the question"
eff any of tho questions are improper
objections will be made" remarked Judge
Lorigan to the witness. "You should not
get into any controversy with the at
torneys."
"But, your Honor said the witness,
"this may lead to some disagreeable revela-
tions in my own private affairs. 1t has
nothing to do with the case"
Mr.. Davis finally continued his testi-
mony as follows: ~ believe the last trans
action I had with Edward Barron was in
connection with the Buchanan mine. This
was in 1893, few months before he died.
We talked about the assessments, and
agreed that it was advisable to pay them.
The amount was about $500 apiece. Orig
inally we bought eleven-twentieths of the
mine from w. B. Hamilton for $4,000. 1t
was secured upon the recommendation of
Mr.. Barrons expert, Mr.. Coleman"
Chow much did you expend upon the
mine2" was asked. Somewhere between
$50, 1000 and $4,000. am sorry whatever
amount it was, replied the witness, with
an expression OF disgust that caused much
amusement in the courtroom.
''Did Mr.. Barron sometimes advance you
money when you needed it?"
"He did occasionally"
"Did you have a settlement in 1872"
"That is my private business" replied
the witness aT don't think nv nrivate