The San Francisco call., 1897-08-24
NEEDED COUNSEL
ON THE STAND
Witnesses Who Had to
Have Their Interests
Looked After.
Two Widows of the Late Calvin
W. Kellogg Advised to
Refuse to Answer.
Spirited Passage Between Attorneys
Phillips and Naphtaly Yes
terday Morning.

Two witnesses in Judge Hebbard's court
yesterday felt called on to have their at
torneys present to protect their interests.
Attorneys Temple and Phillips, repre-
senting Edward E. Kellogg in his suit
against ex-Judge Levy, made objections
to having so mary lawyers in the case,
but the court thought it might sometimes
happen that the rights of witnesses would
be infringed if they were left to the con-
troll of attorneys hostile or indifferent to
them. While not recognizing the right of
a witness to be represented by counsel as
general proposition, yet if such attor-
ney should be in court and should call his
attention to threatened invasions of right,
he would feel it his duty TO see that no
injustice should be done. He Considered
all witnesses TO be under the protection of
the court and was not averse to have the
assistance of any proper person who is ac-
quainted with the facts in the litlg tion.
w. i. Donnellen was the first witness.
He talked with the late Calvin w. Kellogg
and was told by the dead man to do some
thing for Edward E. Kellogg, though he
declared the boy TO be a worthless char
acter, going so far as to call him lazy
hound.
Coming down to the contract of Ed dward
with Judge Levy Mr.. Donnellen aid:
ter, Mrs. Gilroy, and told me that he had
been left out OF his fathers will, but that
he did not propose 10 lose it all, so he had
engaged ex-Judge Levy as his attorney,
making contract TO pay HIM one-haH OF
all he could collect from his fathers es-
tate. After he told me that | advised Mrs.
Gilroy to employ the same attorney. as
thought their interests would be Identical,
so we went to Judge Levy's office, but he
refused to take her case because he
thought her interests might in some re-
spects be antagonistic 10 those OF her
brother, by whom he had been already re-
tanned. Edward was sober at that time
and knew what be was doing. His sist r
was there and understood the contract
with Judge Levy"
The witness was somewhat disappoint-
ing to the plaintiff attorneys and they
thereupon called Mrs. Rlsba B. Kellogg,
second wife OF the late Calvin w. Kellogg,
to the witness-stand. 1t was then that
the rights of witness came into consider
alton, when Attorney Kaufman objected
to any consideration of the lady's rela-
tions with Calvin w. Kellogg, deceased.
He thought that this action was not the
proper proceeding in which to make such
inquiries.
Mr.. Temple replied that the late Calvin
W. Kellogg was engaged in some risky
business ventures and that he attem pied
to place his property so that creditors
could not reach it. 1t was the inten ton
OF the plaintiff, said Mr.. Temple, 10 prove
that the late Calvin w. Kellogg deedeu
certain valuable property to the present
witness in trust for certain heirs, the
plain tiff, Edward Z. kellogg, being of the
number. He held that it was i'm possible
Tor the deceased and the witness TO cancel
those deeds, as 1t would be in fraud of the
beneticiares. The attempt at cancella-
4 reiS fad hi
about because this witness allowed Gavin
w. Kellogg to obtain divorce because he
had become enamored of d comely young
woman and wanted 10 marry for the third
time, this witness accepting substantial
provision for her wants In her old age.
Ex-Judge Levy Joined in objectlng to
this course OF examination.
Judge Hebbard examined the pleading
for some time and decided that as Mrs.
K. B. kellogg is not party to this litiga-
| Ilon she cannot De called on to tell the
circumstances attending certain transfers
that in other litigation may affect her
property rights as well as her reputation.
The objection offered by Mr.. Kaufman
was therefore sustained.
MIR. Phillips asked Mrs Kellogg if she
collected $23 900 life insurance after the
death of Calvin W. Kellogg but an obiec-
ton was sustained and she did not reply.
She admitted, however, that she paid
$4,000 to +. S. Stratton, her attorney, and
that be settled with ex-Judge Levy, who
renresented Edward E. Kellogg.
Then followed a shower of questions as
to whether the property conveyed 10 the
witness duriDo Calvin w. Kellog.'s life
was worth $500, 900 and whether the trans
ferS were not made TO avoid creditors or
bankruptcy, but all thesr interrogations
were ruled out. She admitted that she
said she would have done something for
Edward if he had not employed lawyer,
She did not like the idea of being coerced.
She thought it would have been more
gentlemanly for him to have made a Der.
sonal application. 1t was true that she
had suggested the buying of some pro-
ductive property for Edward so he could
get some rent to live on. She did not
consider him good business man,
though she never saw him under the in
huence of liquor.
Mrs. Mary E. kellogg, third wife of the
late Calvin w. kellogg, was the next wit.
ness, and she also was represented by
counsel, and when Attorney Phillips
asked how long she had known the late
Calvin w. kellogg and what were their
relations an OBJ lection was made by Attor-
ney NaphtaIy.
Mr.. Temple began to argue, saying that
it was the intention of the plaintiff to
show the character of the witness, when
tue IL ne cApeCIeQ
to prove that all his witnesses were liars.
Thereupon Mr.. Tempe withdrew his
remark.
Mr.. Phillips asked about the settlement
which the witness made with Edward S.
kellogg, saying that he would show she
had broken the provisions of the will by
making cash ompromise, which was for
the benefit Of the witness and against Ell
ward z. Kellogg.
Mr. Napntalv ohiactod and M pb;Jua,
hotly CALCULATED mat Mr.. Naphtaly had
certain business relations with Judge
Levy and helped 10 make the settlemen /.
That's not true, and you know it."
responded Mr.. Naphtaly. 'ior you were
attorney for Ella Gilroy and know all
about it,
Peace was finally restored and Edward
L. Kellogg was recalled TO the Witness
stand, but did not disclose ANYTHING new.
Further testimony will De heard to-day.
Drotcned 1n tho Sacramento.