The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-23
MRS. GARCELON DECLARED NONE
OF HER MONEY SHOULD
Go THAT WAY.
WHERE Is MISS MCCLELLAN !?
HENRY RODGERS ACCUSED OF Dis
HoNEsTY-WHY He LEFT
DR.. MERRITT.

The tenth day of the Garcelon trust con-
test in the Circuit Court nearly completed
the oral testimony of the defense as to
the intention OF the rich and aged sister of
DIR. Merritt to dispose of her property as
she did.
Five witnesses were on the stand yester-
day: Captain Stephen A. Merritt, another
double first cousin of DR.. Merritt and of
Mrs. Garcelon, and father of Harry P.
Merritt, one of the contestants of the
trust; Mrs. Eleanor Purinton, widow of
the favorite cousin of Mrs. Garcelon; |. w.
Taber. the man who photographed Mrs
GarceIon; Attorney Emil Nusbaumer, the
Oakland LAWYER and one of the counsel for
the Defense and, lastly, Henry Rodgers,
for wears DR.. Merritt's business manager
and later one OF the executors of mis- estate.
Three very interesting questions were
raised as a result of yesterdays testimony
Was it Mrs. Garcelon's personal intention
never to leave a cent to charity? Were
DR.. Merritt's hard feelings toward Henry
Rodgers caused by suspicion of dishonesty
on the part OF his old business manager?
WHY did Miss Mcclellan, who lived at DR..
Merritt's house so many years, leave for
South Africa, and where is she now?
A. ID. Ii
Philbrook's wife, and also a distant
cousin of the deceased Stephen Purring-
ton, came out from the East. and through
his negotiations between Frederick A.
Merritt and Judge Williams, counsel for
Bowdoin College, perfected compromise,
whereby Fred Merritt agreed not to fight
the trust. He was paid $15, ZOO by the co.,
lege, and Brown got $4,000 from the same
source for closing the negotiations. Then
Fred Merritt gave him $125 for his trouble
But Mr.. puzenbury of Oakland would
not allow his son-in-law, James P. Merritt
TO compromise with Bowdoin College for
any $4,000.
Judge StanIy was all along opposed to
any such compromise and said he pre-
ferred to fight the matter.
These are the facts brought out in the
deposition of A. H. Brown, read by Attor-
ney Philbrook at the beginning of the
days session.
Captain Henry A. Merritt was the first
witness put on the stand. He had been
acquainted with Mrs. Garcelon from her
childhood.
after the doctors will 1 mentioned to
her" spoke this kindly appearing and aged
cousin of Mrs. Garcelon, "that | was lit
tie grieved, and she said, Henry, it will
be all right now; there's property enough
for all. want to give you Semils watch !;
I'd rather have you have it than any one
else, and l want you to have Semil's name,
that's what she called her husband, and
my name and your name engraved on it,
and she gave me the watch; it was gold
watch.
Then she brought in her brothers
watch, and said, Now, Stephen, I've made
Henry present and I'll make you a pres
ent,' and size gave burlington DR.. Merritt's
eight-day gold watch.
'She knew l had nothing ever since
! lost my property, ten or fifteen years ago
and she told me she would make me com
| Portable in her will.
How much did 1 get?
lone thousand dollars in the will.
"Once she said" replied the witness
when the influence of Stephen burlington
was made the subject of the attorney.
question, Henry, what doyou think, FREQ
wants to borrow $780, and l asked if sh,
had let him have it, and she answered
No, Stephen wouldn't listen to me-"
Then, referring to the residence of Cap
tain Frank Purinton at Mrs. Garcelon' s
witness continued, quoting the old lady
remarks: Frank has good education