The San Francisco call., 1904-12-15

produce theS~testimony, and now that
they had failed 10 do so he thought
he. was entitled to have IL read either
in rebuttal or as part OF his case,
Judge Cofrey had dismissed the jury
whilerhe heard the heated arguments
for fear things might be said 10 infiu-
ence the members unwarrantabiy, lie
mas been curbing the attorneys
throughout the trial, but for the sake
of variety. apparently, he allowed them
one good round of urging and wordy
contention. His ruling was for the pro-
ponents, and the deposition was shut
out.
On the opening of court In the after
noon Miss Warren was in attendance.
accompanied by her nurse. ID. It. Null
lender was first called, however, To
show that the photograph OF Miss Dol
beer, which had been exhibited to the
jury, was taken in March, 1899. long
before she began to, develop melan-
cholia, as contended by contestant.
Frederick s. Moody, son of Mrs. ].
l.. Moody, the aunt of the testatrix,
who has allied herself with contestant,
was placed on the stand to contradict
Douglas Sloane Watson's denials. The
witness declared it was true that
shortly after the death of Miss Dolbeer
Watson remarked that she "unQues-
tionably committed suicide" Watson
had also made number of statements
concerning the will, the witness assert
ed. Watson denied having made them
when quoted to him while he was or
the stand early in the trial.
RACHEL SCHANDER CALLED.
Rachel Schander, very pretty miss
of IL years, whose father is seeking be-
tween 100000 and $400, 900 by his con-
test Of the will, declared that Miss
Roche, her cousin, was at fault when
earlier In the day she denied having
said to witness that Bertha Dolbeer
was restless" and had been very ill'
during her last stay in Paris.
The attempt of the contestant to
make a witness of Miss Warren proved
unsuccessful She took her place calm
ly in the witness chair, but not a word
did she utter other than her name,
which Judge Coffey asked for. The OBJ
lection to every question that Johnson
propounded was sustained. Again Nc
Enerney pointed out that she should
have been called when the contestant
was presenting his case at the begin
ming of the trial. Furthermore, her
deposition had been taken and knowl-
edge of her testimony was at all times
in the possession of opponents. john
son insisted that he had reasonable
ground to believe that the proponents
would call her to the stand, and their
having failed to do so gave him the
right to make her a witness for the
contestant. The attorney made num-
ber of declarations that all he was
seeking was the truth, and he made
number of disparaging comments con-
cerning the desire of proponents ito
hide and conceal the facts" Counsel
were in continuous conflict.
Johnson asked number Of questions
as to whether or not Miss Dolbeer was
not despondent and suffering from neu-
resthenia and other symptoms of in
sanity while she was in Paris, but the
objections were sustained one after an
other. He concluded by asking permis-
sion to reopen his case, but was re-
fused. Then he sought to introduce her
deposition, but this request was also
denied This closed the clever effort of
the contestant to make his principal
adversary a witness in his own behalf.