The San Francisco call., 1904-11-24

About six weeks before Miss DOlbeer
met her death in New York Dr. Morris
Herzstein Of this city attended a din
ner party with her in Paris and he tes-
tined yesterday that she was unques-
tionably OF sound mind at that time.
The opinion had the weight. of one
who has had experience in treatment
OF nervous and mental diseases. His
testimony was strongly reinforced by.
Miss Mary Josselyn, who waS with
Miss DOlbeer every day in the French
capital and in her company enjoyed
many Of its attractions.
The trial Of the will contest is at
tracing more interest and the court
room was crowded yesterday TO its full
capacity Society was again well rep
resented, and a good beginning was
made in taking the testimony Of those
with whom Miss Dolbeer associated.
Judge Coffey's sallies OF Wit and the
sharp conflict OF the attorneys tend
10 alleviate the distress occasioned by
the stuffy atmosphere OF a room in
which proper ventilation is impossible.
An adjournment was taken to Mon
day morning while Miss Josselyn was
still on the stand. No one ventures to
predict when the trial viii be ended.
Counsel for proponents declare that the
cross-examinarions are unnecessarily
long. but the attorneys for the con-
testsnt are prompt with the retort
courteous that Pillsbury has no regard
for time in the conduct OF direct ex-
aminstions.
Besides the testimony Of the two wit
nesses concerning the health and men
tai condition Of Miss Dolbeer during
her stay in Paris just before her life
came TO an end in New York. there
was testimony Of three witnesses who
told Of her good mental poise and the
enjoyment she was finding in life dur
ing the months and years preceding
her departure on her last trip to Eu-
rope. These witnesses were John D.
Spreckels. Miss Grace Spreckels and
Miss Mary JoIline.
CONVERSED INTEIIIGENTIY.
DR.. Herzstein was lie first called in
the morning and he testified that in
either the latter part OF May or early
in June Of the present year he met
Miss DOlbeer at a Inner given by
Mrs Hotaling in Paris. Miss Dolbeer
was his companion at the table and he
engaged in conversation with her for
TWO or three hours on general topics,
about Paris and San Francisco.
she spoke very intelligently on all
subjects. said the doctor, and was
thoroughly rauOnal-as rational as any
person could be-"
1t is my opinion that Miss Dolbeer
was of perfectly sound mind when 1
saw her" was Dr. Herzstein's answer
20 the query OF counsel.
When Cross-eKsmined he said that
one experienced in mental and nervouS
diseases as he was could usually dis
cover IN a conversation Of an hour or
two whether there was any weakness
Of mind.
Hiram Johnson made much Of the
fact that the witness was not familiar
with works on insanity that the at
torney has been studying for the case
John D. Spreckels, who was the next
witness. said he knew Miss Dolbeer for
about twelve years. met her frequently
when she visited his home, was one Of
several automobile and picnic parties in
which she participated and the close
acquaintanceship continued till her de-
psrture for Europe
Miss Dolbeer was certainly Of sound
nina, declared the witness in response
10 a question. 4 never had reason to
think otherwise. met her often and
she was always rational She was of a
very good disposition, indeed. She was
inclined to be quiet. but at times would
unbend and be lively"
In driving an automobile Miss Dol
beer was an expert, the witness said,
qualifications for which are nerve, self
possession and vigilance.
LIVELY IN SOCIETY.
Miss Grace Spreckels followed her
father on the stand. She was an init
mate friend of Miss DOlbeer and often
went into society with her. Their homes
being but a block apart, they were
often together. To combat the allega-
ton that Miss DoIbeer suffered from
nelanchOlia severely the last year of
her life. Miss Spreckels was asked TO
tell Of the numerous social affairs they
both attended during that time and into
which. said the witness. Miss Dolbeer
AT all times entered with zest. Miss
Dolbeer continued to enjoy herself So
cially I'D 10 the time she left for Eu-
rope.
Miss Spreckels had always regarded
Miss Dolbeer as Of perfectly sound
mind, and never had the slightest occa-