The San Francisco call., 1901-12-05
SAYS He WROTE
KERSHOW' 5 WILL
j. Morgan Smith Gives
Important Testimony
for Proponent.
Counsel Become Excited and
Indulge in Bitter Insin-
uations.

Attorney Tauszky, who represents Rhea
Gettings, proponent of the will of Max
Kershow, announced yesterday that he
would endeavor to prove that the de-
ceased collegian enjoyed moments when
he was free from the influence of intoXi-
cants, that he had spells of sobriety that
lasted for weeks at a time, and that on
April 6, 1901, when the will was executed
Kershow was sane. Tauszky also stated
that he would prove that j. Morgan
Smith was with Kershow April and g.
and that Smith drew up the disputed will
at the request of Kershow
Tauszky said further that Kershow had
told several persons that he would pro-
vide for Rhea Gettings to whom he was
greatly attached. Tauszky said Kershow
did not think his brother needed any of
his estate, and left him $4,000, merely as
token Of his brotherly regard.
'The WILL said Attorney Tauszky,
was quietly drafted by Smith be-
cause Kershow did not desire to
be annoyed, would have been
the case if his relatives and his fam
lily attorney, M. f. Michael learned of
his intentions. The will was drawn up
out to look for a second subscribing witt
ness. He met A. j. Meadows, who was
arranged with him to visit the sick man S
room the next morning to witness the
signing of the document"
Says He Drew Up the Will.
Registrar Walsh was the first witness
called by the proponents. He brought
with I'm an affidavit of change of resi-
dence signed by KershoW in May, Id.
1t was placed in evidence for the purpose
of supplying the court with an authentic
signature OF KerShow. 1t was identified
by Rhea Gettings, though strong objec-
tions were made by the attorneys for the
contestants.
Joseph Morgan Smith, who drew up
the will, was then placed on the witness
stand: He testified as follows:
Il first met Max KershoW at the Hol-
land House, New York City, in the fall of
1898. | again met him in Chicago in De-
cember OF the same year, and the third
time ! met him was at the Maison Richie
in this city in November, 1899. Both of
US were living there. We were very
friendly. KershOW drank a good deal, but
was sober half the time. | think L had
something to do with his taking the Hon
time
Miss Gettings, who was with Max at
the Malson R1che, went with him. When
ne returned from the islands our friend
ship was renewed and l spent a great
deal of time in his company.
Il wrote the will at his request On
the night of April he called me and said
NORGE, get some writing paper. l want
to dictate something to you. l complied
with his request, and he then told me
that he wanted his will drawn up He
said he wanted the fact of his making il
kept absolutely secret, as he feared. if his
relatives heard of it they would prevent
him from doing as he wanted, as they
had done, he said, many times during
his life 1 don't see why I should leave
my folks anything, said Kershow.
4 hey have not done right by me-
drew several drafts of the will at his
dictation, and after he had dictated one
that suited him 1 copied it in ink
Max then spoke of the necessity of
having another witness and named sew
eral acquaintances. He finally selected
"A. j. Meadows, and l went out to look
for him. l found Meadows, but he had
an appointment for that night and could
not come with me. He agreed to come
UP to the room the next morning and
when L told this to Kershow he said il
was satisfactory.
Attorneys Grow Wrathy.
Meadows visited Kershows rooms the
next morning and Max signed his name
TO the document, as did also Meadows
and myself as witnesses"
Smith told straightforward story, and
much of his evidence was a direct con-
tradfction of the evidence given by Alice
Kennedy, KershoW's nurse and a num-
per OF other witnesses who testified on
behalf of the contestants.
smith was cross-eXamined by ATTORNEY
Rix for the contestants, but in the main
MS testimony was unshaken./
words onH GbPoss7eXamlnation befween led to war of
Rix. Attorney Kowalsky Interrupted
Xix IN ms questioning, and was told to
Keep quiet by Rix, who said, You can
have your witness tonight" !"
Kowalsky rose to his feet at tho re-
mark and, addressing the court, said:
Your Honor, | think we have in con-
Quoting this case refrained from dealing
in innuendo. And 1 might say we have
not attempted to bribe any wftnesses.'
Il brand any insinuation that we have
onered witnesses money as unqualifedly
false" shouted Rix "and," continuing.
he said, Mr.. Kowalsky, you know the
meaning of words"
Il DO said Henry I, land I saw TO
Mr.. Rix that you are another. clear
through" 0"1
The court took hand in the proceed
ing at this Juncture and prevented a fur
ther exhlbltion of obstreperousness bv
saying, Gentlemen, stop it, and they
stopped. my