The San Francisco call., 1897-11-05

These statements are all bitterly
contested by Judge Fitzgerald, who
introduces letters to show that
the dead man despiscd his step
daughters in his declining days
and regretted that he could not cut the m
off without any money at all. Letters to the
effect that he suspected their desire to see
him dead wers introduced. Extracts s
from letter TO Judge Fitzgerald COM
plete one phase of a chapter of an old
mans sorrow. He seemed to be infinitely
sad and annoyed, in spite OF his wealth,
going hunted to his grave. The follow
ing is an extract from the last letter he
ever wrote. 1t is dated June 2Sth:
The girls have treated me most shamefullv V
the past two months. In fact, l may say that
l believe they have tried in more wavs than
one TO sh orten my unhappy life, and | know
what l viii be obliged to suffer when | get
helpless Lille is now miserable to me. 1 am
TOO nervous to tell you all that l am obliged
to puC up with. l do hope you will see to it
that they get no more than have left them in
my Will. l wish l could have cut them off
without dollar, but thought it best not 10 do
so under the circumstances. | am glad did
not adopt one or either OF them.
The old man suffered great deal in his
declining years and often longed 10 dash
the burden of what he called his "un-
happy life" from his shoulders. The
depth of his sorrows and disappoin tments
was seen in letters wherein he threatened
to end his life. These threats were 50 fre
quent that his friends ceased 10 worry
much about them. The following ex-
tracts from a letter written in April shed
light on the unhappy mans domestic
troubles and general grief:
SAN FRANCISCO April %, 1897.
Judge Il. L. Fitzgerdld-MY BEST FRIEND:
When you receive TINS l will be in my grave
l have left package, containing my will and
the Mccoy note and mortgage. have made
about the same will as the one you saw.
In the same letter the following ex-
pressions occur:
Judge, these girls have ct times used me
cruel, and truly believe they have tried to
keep me in nervous state in order 10 hasten
my end, hoping then to revel in my hard earn
ings. l believe Hattie would have been bet
ter to me had it not been for her sister
Madge. l am sorry | LETT Mamie as
open the will and change it. l hope you will
deal with them just they deserve, for Madge
and Mamie have been cruel to me.
1 wish had lett them only $5 When they
find | have left will they will try to hide
Things. There is a book IN nv desk that has
an account of everything. Make them pro-
duce everything. and if they attempt to break
my Will fight them to the bitter end. Your
old friend, JOHN S. CAPRoN
A strange phase of the case came to
light yesterday in the evidence OF Mrs.
kearn@v. She swore that, though her
stepfather was divorced from her mother
in 1885, she never knew it until after Cap
ron's death. These sidelights all make
the case intensely interesting, and ths
courtroom is crowded with spectators at
all times when the case is Oh.
The contention of Judge Fitzgerald is
that the will made in favor OF the step
daughters was never anything more than
declaration of trust. They say Capron
consulted Attorney Mayne baum about a
year ago relative to suing the girls 10 break
the will The attorney advised his client
to make demand for revocation. The
girls were consulted and all agreed, so Ca
prom reported, to sign the instrument at
any time the formal demand was made.
First one thing and then another deferred
Capron from his purpose. He seemed to
fear the women, who. he said, made him
nervous, and he decided to reach the mat
ter by making another will. 1t is that Will
which Is now under fire.
Much interest attaches to the case from
the fact that Judge Fitzgerald is we'll
known iurist. He was formerly president
of the Methodist college at Santa Rosa
and is as well known throughout Nevad
and the West as any man on the Pacific
Coast. On the other hand it may be said
that there is no blemish on the characters
of any of the contestants. The evidence
thus far offered by the contestants is prac-
ticaily undisputed by the opposing forces.
The court and jury will therefore simply
have to say whether the well-known CAPT.
talist and money-lender was insane when
he made the will giving the bulk OF his
fortune 10 the son-in-law of the man who
laid the foundations OF his fortune, or
whether his disposition of his estate, under
the belief that be was being harassed and
bounded by those whom he had befriended
in their helpless infancy, was the act of
sane mind.
To Cure Cold in One Day
7