The San Francisco call., 1903-12-24
WILL CONTEST
NEARING CLOSE
Witnesses Declare That Alex
ander Dunsmuir Was Always
Able to Attend to Business
SHARP CROSS EXAMINING
More Testimony Is Given Rela-
tive to the Signing of the Dis
puted Testamentary Will

VICTORIA, Dec. 23.-In the Hop
per-Dunsmuir Will case to-day Mrs.
Agnew, who yesterday afternoon gave
evidence that Alexander Dunsmuir had
always spoken. TO the effect that he
intended James Dunsmuir to be his
heir, was crOss-examined by counsel
for Edna Wallace Hopper. She said
that as an intimate friend of Mrs.
Wallace she had known her relations
to Alexander Dunsmuir. Mrs. Wal
lace always told witness she expected
Alexander Dunsmuir to marry her.
The reason why he had not done so
at once was because he had feared his
mother (who is an interviewer in this
case) would cut him off.
Mrs. Agnew also told of having gone
TO Rev. E. B. Shaw of Oakland about
couple of weeks before the mar
riage at the request of both Alexander
Dunsmuir and Mrs. Wallace. She had
at that time told the Rev. Mr.. Shaw
that Dunsmuir and Mrs. Wallace had
been living together under contract TO
each other.
Mrs. Agnew was questioned at length
by counsel, tending to show there had
been break in their friendship. She
said she had not visited Mrs Duns-
muir much after that they having
been estranged on account of some
slight differences. She had tried to
see Mrs. Dunsmuir when she was dy-
ing, but had been told Mrs. Dunsmuir
would not see her.
Mrs. Wallace had made a will in
in TNA
which the witness witnessed. This had
been given 10 Alexander DunsmUir to
read. He objected to it. stating he
would not allow her to leave any of the
property to Mrs. Hopper. and tore the
will up and threw it into the fire.
As to Dunsmuir drinking, witness
said he was ill occasionally and Mrs.
Wallace had told her this was due to
excessive drinking.
In answer to a series of questions in
regard to witness having consulted at
torneys who were preparing a defense
in this action. she said he had expressed
strong disapproval of Mrs. Hopper's ac-
ton in bringing suit on one visit paid
her by Attorney Heinman at her house
She denied having said TO some people
that two words of mine one way or
the other would settle this case"
Counsel questioned at length regard
ing the interview of James and AIexan-
der Dunsmuir when arrangements were
made for an allowance OF a thousand
dollars month to Mrs. Wallace Wit
ness said Mrs. Wallace had often inti-
mated tC her her anxiety regarding fu-
ture financial arrangements, and al
ways had implicit reliance in James
Dunsmuir's good intent toward her.
J. ]. Agnew. husband of the preced-
ing witness. gave similar evidence. He
acknowledged Dunsmuir as an intelli-
gent business man with none of his
faculties impaired The only business
transaction he had with him was in
regard TO buying a pair of horses for
him. He testified as to the signing of
the will and gave evidence. as did his
wife. that Dunsmuir did not wish either
Willie or Edna Mrs. Wallace's chiIdrenj
TO have any of his money. and that
Dunsmuir intended James Dunsmuir,
his brother. TO be his heir
The wedding of the late Alexander
Dunsmuir and Mrs. Wallace was a dry
affair. so said John K. Agnew, on cross
examination. Mrs. Wallace had sent
some champagne. but it was not open
ed. He had not thought, he said. that
this was to prevent Alexander Duns-
muir from getting it. After dinner the
will had been signed in his presence
and that of Messrs. Lowe, Taylor and
James Dunsmuir.