Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1897-11-13
Bitter Battle of the
Two Wills.
LErrER FILLED WITH HArRED.
Suspicious Circumstances
rounding Caprons's
and Tragic Death.

Coffey's Probate Court st San Francisco Is
developing some sharp and bitter tesh-
mony. Close aud serious questions are
being placed before judge and jury In the
attempt 10 establish Cspron's intent as
10 the disposition OF his property. The
evidence so far brought forward is very
favorable TO the later will, which leaves
the bulk of she property to Judge Fisz-
gerald. This will is dated April 16, 1897,
and is Photographic. The other will, under
which the s~tepdsughters make claim, Is
dated March 10, 1895.
II will be remembered that John 8. Cap.
ron was found dead in his bed on the morn
ing of June 90; pause Of death, . bullet
wound. James Kearney, nephe. OF the
husband of one Of the stepdsughters, who
is contestant in the case, was sleeping on
the foot Of the bed where the capitalist was
killed. There were three shots, some OF
which vent high and wild. blowing
through the hesdboard OF the bed and
through q picture hanging high on the
wall. 1t il 10 evidence that the attendant
for such wss KeArney's Office in the sick
room-did not hear the shots. They were
heard b. q policeman and others. b had
some difficulty in rousing the household.
The inquest was held July 2. The Cor
oner's records are very brief. The follow
ing are the entries on the books al the
Morgue
Inquest of John 8. Capron, July 2,lss7.
James Kearney, machinist, 1919 Devisa-
dero-welI. about ten minutes past 2 last
Tuesday morning my aunt woke me, and
she wanted to know who was making that
noise. She wanted me TO get up md did
not wake. / am q very hard sleeper, and
I turned over and went to sleep again.
The next thing / heard was o shot, and !
cot up and ran to the bed. I saw the re-
volver In his hand. / took IL out OF his
hand (Capron'sj and / woke mp the rest oil
she family, and then the police officer
came in. That is all I know about 10.
Don't know any reason for his committing
suicide. He had made statements that he
would commit suicide; Was In no financial
or domestic trouble that I knew Of. He
was sick, and when he got blue he said he
would kill himself.
Mrs. Joseph G. Kesrney, aunt OF the
sitness and stepdsughter Of Capron-Ca'
prom was sick eighteen months. Heard
him make . statements that he would POM
NIT suicide.
John Gallagher. n. D., autopsy surgeon
-lby uror)--Q.-Did tbs evidence OF The
wound appear % though 10 was self
inAicted7
A.-Yss. u was 0 sslf-inaiotsd wound.
There is no question about that.
verdict-self.ilhiotsd.
These peculiar circumstances attending
Oapron's death give rise to suspicious
which the jury now sitting on the case will
have TO take into consideration, with the
many other strange and unhappy incidents
preceding the presumed suicide. One Of
the things that made II appear - II tbe
wound was sslf.infiotsd wss the fact that
deceased had often threatened TO end bis
life.
II 10 strangely evident that for Q long
lime prior TO Cspron's death. he had been
a most unhappy man, which seemed due
partly to his declining health, but psrticu.
larry to the unkind and cruel treatment
he received, or believed he received. ct
the hands Of his stepdaughssrs. The step
daughters claim, however. that they were
not unkind. but that they had che great
est fondness and Affection for their step
father.
These statements are all bitterly oon-
tested by Judge Fitzgerald. who introduces
letters TO show that the dead nan despised
his s~tspdaughtsrs In his declining days
and regretted that lie could not cut them
of without any money 81 all. Letters to
the effect that he suspected their desire to
see him dead were introduced. Extracts
from q letter to Judge Fitzgerald show
that he seemed to be infinitely sad and an.
noyed, In spite of his wealth. The follow.
ing is an extract from the last letter he
ever wrote. II Is dated June 26th:
1.-THE girls have treated me most shame
fully the past two months. In fact, I may
say that / bellows they have tried In more
than one to shorten my unhappy
life. and / know what I will be obliged TO
suffer when I get helpless. Life is now
miserable to me. I am now too nervous
10 tell you all that I an obliged 10 put up
with. I do hope You will see 10 Il that
they get no more than / have given them
my will. I wish I could have cut them
of without . dollar. but thought II best not
do so under the circumstances. I am
glad I did not adopt one or either of
The old man suffered a great deal in bis
leolining years and often longed to dash
be burden Of what he called bis unhappy
lie" from his shoulders. The depth Of his
orrows and disappoiniments was seen 10
,ttsrs wherein hs threatened 70 end his