The San Francisco call., 1897-11-09
Regretted That He Had
Given His Property to
Stepchildren.
Judge A. L. Fitzgerald Repre-
Sented as the Dead Mans
Jealous Adviser.
More Than Twenty Grains of Nor
phine Administered Daily by
His Physicians.

Mrs. Hattie NJ. Kearney was the most
interesting witness in the John S. Capron
will contest yesterday. She gave a de-
tailed account of the daily life OF the
Capron household for several years prior
to the death of her stepfather, Mr.. Capron.
First OF all Mrs. Kearney declared that
she was never cruel or unkind to Mr.
Capron. This was in contradiction of
statements made by Judge a. L. Fitz-
gerald OF Nevada, who recalled converse
tions in which the decedent had declared
that ne was cruelty treated by Mrs.
Kearney.
A photograph of Mrs. Capron, mother
of the witness, was presented in evi ence,
on the back of which Mr.. Capron had
noted the fact that Mrs. Capron had died
June 10. 1887.
Mrs. Kearney rememb bered a Christmas
dinner in 1884, and also recalled that Mr..
Capron was not out OF the house on April
16, 1897. Sne recollected the date because
ii was Good Friday, and she and her sis
ters were compelled 10 break their engage
ments so that they could attend to him,
he being ILL The witness said:
Ny fathers health became better, and on
Easter Sunday we wanted him 20 go to the
Cathedral TO listen to the music, which was
would interest lin ana alleviate his distress.
He agreed to go, but in the course OF getting
ready he fell into violent rage and said he
could not get ready in time. We offered TO
help him He got behind the portieIes. ard
we heard him tearing or ripping something,
and found he had ripped ana torn leg of his
trousers and was ipdulgtng in very violent
language, saying that Judge Fitzgerald had
old him that he was foolish TO have given his
property to Us, as II often occurred that ones
own children who mad been given property in
n q
alone stepchlldren. He said Judge FitZgera ID
had told him that he would not trust his own
children. much less sJepchildren. NV father
said that sometimes when he thought of what
Jadge Fitzgerald said he felt like killing him.
seif.
We tried TO soothe and quiet him as we
wou q child, and told him Il he feeling
that way we would deed the property back 10
him. He became quiet and said he was salts
ted with his disposition OF his property.
This appears to have been the begin
ming of the disturbance in the Capron
household, for after that there were fire.
quent outbursts OF passion on the part of
Mr.. Capron. Mrs. kearney continued:
Mr.. Capron began TO talk this way about
July, 1886. The burden of 1t was what Judge
Fitzgerald had told him OF his foolish act IN
giving tie property to US He would take
twenty to thirty grains OF morphine day, ad-
ministered by the doctors hypodermically. We
never advised such treatment. We were op-
posed to II, and wanted him cured of It, but
he said he was an old man, and he thought it
did him good. Every time that Judge Fitz-
gerald called and talked with him, father
seemed distressed and passed sleepless nigh Is,
and had his bad attacks in consequence OF the
conversations. So we told Judge Fitzgerald
on one occasion not to talk about business to
him, as it had a bad effect. We advised the
Judge 10 talk about the theater or books or
something besides business, and he said he
would.
In Mrs. Kearney's opinion Mr.. Capron
nf
until he died. She said that the first vlo-
lent attack was when she tried to give him
some bromide to quiet mis- nerves in 1896.
He objected to the medicine, and when
she pressed him to take it he flew into a
rage and referred 10 what Judge Fitzger-
aid had suggested about the property.
This was In alIusion to the TACT that in the
Photographic Will Judge Fitzgerald is men,
toned as the principal beneficiary OF the
testators estate.
There was an intlmation of antagonism
to Judge FitZgerald's family in the state
ment that the witness and her sisters had
declined to meet Judge Fitzgerald's
daughter in a social way when the young
lady called at their house. They told Mr..
Capron TO give any excuse he pleased as
they had no desire TO meet Miss Fitz-
gerald. Subsequently they met her in a
business way, when they were all called
together in order that Mr.. Capron might
give Miss Fitzgerald to understand that
the property had been transferred to his
stepda pghters, and that The money on
account of Judge Fitzgerald's debt was
to be paid to the children.
All the hypodermic injections given TO
Mr.. Capron, the witness said, were ad-
ministered by his physicians, DR.. j. Per-
rault and DR.. Z. L. Perrault. The NOR
phine was taken by Mr.. Capron at first to
relieve the pains OF sciatica, and after that
he took 1t at his own desire. She and her
sisters made contract to pay DR.. E. L.
Perrault $50 a month for his medical at
tention to Mr.. Capron, including the
hypoderm ic administrations OF morphine.
The patient took morphine also in the
form OF a potion. An offer was made to
cure Mr.. Capron, but he objected, saying
that he had no desire to quit, as it was the
only thing that gave him rnIief