The San Francisco call., 1904-10-06
DOLBEER CASE
SET FOR TRIAL
Judge Coffey Grants Con-
tinuance for Schander to
the Second of November
NO PARIS DISPOSITIONS
Court Decides Evidence at
French Capital Is Not
Necessary for Contest

At the conclusion of. three hours of
spirited argument, participated in by
Attorneys Pillsbury, McEnerney and
the two Johnsons, Judge Coffey decided
yesterday that Adolph Schander was
entitled to a continuance of the trial
of his contest against the will of Ber-
tha NJ. Dolbeer. The court however,
was opposed to a long delay and de-
clared that only time enough would be
granted in which to obtain the deposit
tions in New York and at the Connec-
ticut and Massachusetts insane asy-
lums which are said to be necessary
for the contestants case.
Figuring carefully upon the dates,
Judge Coffey was of the opinion that
the deDositions could be brought here
in time for trial on November 2, and
he named that date for the commence
ment Of the hearing. This setting Is
peremptory" he said, "and 1 will have
a jury here on that day." The court de-
cided that the depositions desired in
Paris were unnecessary-that the
Misses King and O'Connor would prob
ably not be there, and 1t might be held
that the testimony of the French ply
sician, DR.. Gros, would not be admit
ted as evidence under the California
law against the use of the confidential
relations between doctor and patient.
At the opening of yesterdays hear
ing Mr. Pillsbury recalled Schander to
the stand, but the lawyers efforts to
draw from the witness the details Of
his conferences with his brother Hora-
ito regarding who should begin the con-
test were made unavailing by Schand-
er's lack of memory. He was asked as
to the information gathered in New
York by his representative, but he was
unable to give any facts. He had been
told that the representative, who was
employed by the Johnsons, was Charles
j. Stillwell, private detective.
i Hiram Johnson opened the argument
in support of the motion for continu-
ance, saying that the contestant had
not had sufficient time to prepare his
case. He spoke of the necessity for the
testimony Of the absent witnesses. He
discussed the materiality of the evil
dence and the diligence with which the
Investigations had been conducted. OF
the delays already occasioned, he said
the effort to get Miss Warren's deposi-
tion alone used up at least twenty-one
days.
PILLSBURY'S REJOINDER.
Mr.. Pillsbury answered Johnson, re-
citing the progress Of the case and say
ing that the issues had been Joined for
more than two months and in setting
the trial for October 4 the court had
given more time than was at first in
tended. When the contest was filed,
August ,, Miss Dolbeer's mental un-
soundness was alleged, but Schander
OF the stand had declared that he knew
nothing about her mental condition at
the time of making the will and he had
admitted under oath that Miss War
rens deposition was taken for the pur-
pose of finding something on which to
base case. He was simply taking
/ chances to find something to support
this contest" said the attorney. This
business of contesting wills has grown
into an industry in this city; it is the
| business of certain attorneys to look
up heirs who might bring a contest in
order to be bought off. 1t is now al
most an exception when a contest is
not presented or overtures made for
an adjustment with persons who might
contest a will"
soundness or unsoundness of Miss Dol
beer on April 81, when she made the
will, was the only material issue and
that could be determined by witnesses
| in California. In William G. Mugan's
| deposition 1t was stated that when
| Miss Dolbeer left on her trip to Europe
| at least twenty of her associates ac-
! companied her to Oakland to see her
off, well-known persons by any one
| of whom her mental condition could be
! proved, and there were probably, he
said, fifty others of highest respectable
| ity who could be procured to testify
within twenty -four hours.
WROTE WILL HERSELF.
He said that the two witnesses to
! the will were in court ready to testify.
Miss Dolbeer wrote the will herself and
put it in safe deposit box and took
the extra precaution to make a copy
in her own hand and place it in the
safe of the Dolbeer-Carson Lum-
her CnnnanY RY the dennsifion