The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-29
KNEW He DRANK WHISKY,
MRS. GARCELON USED TO COUNTE-
NANCE CAPTAIN PURINTON'S
TIPPLING,
TESTIMONY ENDS AND JUDGE Will
LIAMS BEGINS ARGUMENT FOR
BoWDoIN COLLEGE.

The argument of the Garcelon case has
begun. With the exception of one belated
witness for each side to take the stand to-
day, the evidence was all before Judge
Hawley early yesterday afternoon; ard
then Judge Williams, special counsel for
Bowdoin College, started upon the COM
plainants' opening speech, but had not
finished when court adjourned.
In a simple, unimpassioned way he re-
viewed the early history of the trial and
then turned naturally to the issue, Was
or was it not Mrs. Garceion's uninfuenced
personal intention to leave $3.50, 900 to her
relatives and to create a trust whereby
Bowdoin College should receive $500, 600
and an Oakland hospital 100000?
According to decision of the Supreme
Court said Judge Williams. flames P.
Merritt, as far as this litigation goes, be-
came a back number when he signed an
agreement not to contest the will.
1.-The natural attitude of Harry P. Mer-
rift as residuary devisee and legatee under
the trust and WILL and of James P. Mer-
rift, who is trying to break the trust, is
that of opponent, ana yet they are CO.
defendants in this case. Harry P. Merritt,
a second cousin of Mrs. Garcelon, and
made a trustee by chance, should find it
to his interest to support the trust and
"Now, your Honor, can there be
stronger evidence of unity of interests than
in their action. They have come in here
banded together"
The argument so far is that inasmuch as
Mrs. Garcelon talked over the hospital idea
before DR.. MeIritt's death and after that
told several persons OF her intention to
give something to hospital and to Bow
doin College, she did not get the sugges-
ton from Judge Stanly, whose services as
her legal and friendly adviser were of later
date; also that 1.-The boys" cannot contest
because of their purchased pledge not to
do so; and, further, that the only real con-
testant is a distant relative, who should by
virtue of his position and apparent inter-
ests be on the other side.
DR.. w. +. Southland was the first witness
called yesterday, and testified that Mrs.
Garcelon once told him that she wanted
to devote some of her brothers. money to
building in Oakland the finest hospital on
the coast.
The deposition OF Dr. James s. Moves of
Providence, R. l., was read by Judge
Williams, and referred particularly to a
conversation he had in 1888 with DR..
Merritt, who then told him he had been
thinking OF building hospital.
Captain Frank Purinton was recalled
and declared that Mrs. Garcelon knew ali
along that he drank, that he used to drink
whisky in her presence when she drank
sherry.
Mrs. Black, who was Mrs. Garcelon's
last nurse, denied that Mrs. Harry Gordon
had conversation with Mrs. Garcelon on
her deathbed.
Little Mrs. Frank Purinton, wife of the
tipping captain, testified that she used to
be with Mrs. Garcelon while the nurses
were at their meals. She also told of q
habit Mrs. Garcelon had of regularly visit
Ing the kitchen every Saturday night to
inspect the bean-baking for Sunday.
Judge Stanly, Frederick Merritt, Captain
Knowles and Judge Lawton occupied the
witness chair for brief time and empha-
sized their testimony already given.