The San Francisco call., 1897-11-06
A JUDGES INK
used In A Will
This May Cut Some Figure
in the Fight for Capron's
Forces Marshaling to Begin a
Bitter Fight on Mon
day.
Jurist Fitzgerald Accused of Unduly
Influencing Victim of Nor
phine.

Yesterday was busy day among the
lawyers in the great Fitzgerald Kearney
will contest, though nothing was done in
court.
The forces were busy marshaling their
evidence for the opening Of the battle on
Monday. The Kearney side will begin in
earnest on that day, and for this purpose
more than fifty witnesses have been sub
pena ed.
The contestant to the will propounded
by Judge Fitzgerald say they will make
strong showing against the Nevada jurist.
The evidence throu shout will be sensa-
tional.
1t will be charged that Judge Fitzgerald
was unduly soicitous as to the disposition
of the Capron estate; that his influence
over the dying man was bad at all times;
that Capron was insane. helpless NOR
phine fiend imagining all sorts OF things
as to the evil intentions of thos near and
dear to him, and that it was at this time
that Judge Fitzgerald took advantage OF
him.
In opposition to the contention Of Judge
Fitzgerald that his influence over the sick
capitalist was only such as any good friend
Fitzgerald began to haunt their stepfather
like an evil spirit the moment he saw that
the old man was failing; that, at time
when Capron's mind vas cloudy from the
use of morphine, taken III his last hours
to reIleve him fro m pain. Fitzgerald told
him he was doing wrong 10 give his prop
ertv to his ste pd aughters.
The Kearne side claims, also, that the
Fitzgerald will could not have been dated
on April 16. which was Good Friday, and
they say the invalid was not able to leave
his bed on that day. They say he was so
i'll that he cried like a child when they
compelled him to change his apparel or
take a bath; that what he complained OF
as cruelty, when under the influence of
morphine, was nothing more serious than
forcing him to taxi care of himself.
In proof of the charges that the in
fuence OF Fitzgerald was undue, the at
torneys for the stepdaughters will en-
phaslze the fact that Fitzgerald took
many walks with their invalid stepfather,
spending days at time with him at the
Cliff House. They will draw picture OF
the Judge carving ink and pen from his
house to the office OF Judge Mayen baum,
so that the will couid be signed in the
same kind of ink with which it was writ
ten. All this, they say, showing undue
interest and influence on the part of the
legal gentleman VINO was the principal
beneficiary under the instrument.
All the girls have already sworn that
they did not know that their mother was
ever divorced from Capron. They empha-
size the fact that Judge Fitzgerald got a
deed to all the dead mans property in
1884 and that, within a month, the same
Judge drew up d vorce papers, according
to his own statement, served them and
got the decree in Nevada.
They say, however, there was no filing
of the judgment roll until 1888, more than
a wear after the ir M otner's death In this
conn ection it is alleged that the mother
and iather lived together in apparent
peace and happiness until the mothers
death in 1887, in spite Of the alleged
divorce three years before.