The San Francisco call., 1897-11-13
Strife IN
COURT FOR
A FORTUNE
Sensations Numerous in
the Frost Case at
San Jose.
CHARGES OF THEFT
AND PERJURY.
Sons of the Late Capitalist
Accuse the Widow and
Daughter.
STORY OF BURIED GOLD
AND MYSTERY.
Plaintiffs VIII Again Attempt to
Prove That Their Father. Was
Murdered.
Sons of the Late Capitalist
Accuse the Widow and
Daughter.
STORY OF BURIED GOLD
AND MYSTERY.
Plaintiffs VIII Again Attempt tc
Prove That Their Father Was
Murdered.
Special Dispatch to THE CALL

SAN JOSE, Nov. 12-In anticipation of
sensational developments in the Frost
estate case the courtroom of Judge Nj. III.
Hyland was well filled this afternoon, the
major portion of the audience being COM
posed OF ladies. The expected was not
long in coming. AS soon as the case was
called, Attorney E. f. Cothran, repre-
sen.ing Erwin and Miner E. Frost, who
are opposing the executriceS-the widow
and daughter of the late Elezer Frost
asked leave to nIe petition protesting
against the acceptance of the final and
supplemental accountings of the execu-
trices
In the petition it was charged that the
executrices had failed 10 return true
inventory of the estate of the deceased; !;
that they had fraud uIently failed to ac-
count for $4,000 in coin, and that they had
conspired with Jane E. Haynes, also a
daughter OF the deceased, to deiraud the
petitioners and devisees, Erwin and Miner
+. Frost, of large sum Of money belong
ing to the estate.
1t was further claimed that this alleged
fraudulent action had worked forfeiture
of the commission due the executrices
and that the bond of the executrices was
invalid, as it was JOINT bond for $50. 900
instead OF a several bond for that amount
for each; also because the bond was
secured by deposit of the bank books
and other securities of the estate, a pre-
cseding in violation OF the law. The peti.
ton prayed that all the accounts of the
estate be reopened and that former ap-
pllcation for the removal OF the execu-
trices be granted
After considerable argument between
Senator II. Y. Morehouse, counsel for the
executrices, and Cothran, as to the adj
instability of the petition, in the course
of which charges of perjury were excitedly
exchanged, the court decided that the
petition was out of order.
1t was claimed by Cothran that the exc
cutrices. in not accounting for the moneys
that had been dug up in the back yard OF
the residence of Elezer Frost, had COM
mitted EN- mbezz ement. On the part of his
clients Morehouse claimed that these
moneys were gifts intervivos and. there
fore, not part of the estate.
The court decided that this was a ques-
ton of law to be decided by court of
equity IN a Sc parate proceeding and or
there was any part OF the estate OF the de-
ceased that had not been accounted for by
the executives.
Jane E. Haynes was called as a witness
for the Frost brothers. She proved TO be
''chip of the old block" in the matri-
monial line. She modestly confessed to
be now enjoying conjugal felicity with
her third spouse and that her two former
husbands were yet in the land of the
living.
Her father had been the head of three
good size families. She admitted having
received $500 in $50 gold pieces from
either Mrs. Dora Frost or Mrs. WIssman-
she could not remem ber which.
On further examination she stated she
had been told by Mrs. Wissman, her sis
ter and one of the executives, that she
would find the money in certain place
in Mrs. Wissman's mouse. Previous to
this she had been informed by note left
by her father, and which had been given
her by one of the executrlces, that by dig
ging in a certain spot she would find a
sum of money. She did not dig for the
money herself, claimed not to know who
unearthed it, and said she had never ex-
bibited any curiosity as to now much
money had been found in the place in
dicated
She had informed her attorney of the
matter and he had advised her to keep the
money, as it was her separate property.
being a gift from her father. Since then
she had spent every dollar OF it. Further
questioning brought out the fact that she
had teen informed that MIR. Wissman dug
up the money.
She denied that she knew of George
Harrington, a son-in-law OF Mrs. Wiss-
man, having been on the premises armed
with shotgun. She had not told her sec