The San Francisco call., 1904-11-22
Continued From Page 1, Column 8

ice and by agreement of counsel the
trial proceeded with eleven jurors. At
torney E. S. Pillsbury was engaged in
making the opening statement of the
proponents till late in the afternoon,
promising to establish facts by evil
dence it will take several weeks to in
troduce.
Aside from the important testimony
of Watson, the day was full of
interest. Scattered about the crowd
ing audience sat a number Of the
city'S faireSt society maids. There
were two or three matrons about
whom the young women clustered.
They had all been subpenaed
to testify concerning the condition
of the mind of Miss Dolbeer with
whom they were intimate. Many
but the attorneys require the presence
Of only a few at a time. Among those
in attendance yesterday were Miss
Ruth McNutt, Miss Mary Josselyn,
Miss Virginia Jolliffe, Mrs. A. j. Bran
der, Mrs. Sands w. Forman and Mrs.
Ashton Potter.
If the proponents Of the will make
out their case as Pillsbury says they
will, there will be short shrift for the
contest. He explained his side with
thoroughness. But he did not forbear
W dQply lLC SllAi6 VI lliNlhlOQS OOAAl-
ment here and there on the contestants
case. He said ,bluntly that Mrs. Eliz-
ebeth C. Phillips. who was not content
with her bequest Of $4,000 and gave
testimony in behalf of the contestant
by declaring that Miss Dolbeer was
mentally unsound, was undeserving of
the bounty shown her.
SCORES MRS. PHILLIPS.
The attorney told Of the efforts Of
Mrs. Phillips to compel Miss Warren,
through the executors, to pay her a
bonus of $4,000, as was brought out
when she was on the stand for the
contestant. The aged woman sat IN
the first row among the spectators and
she started a number of times to rise
from her chair while Pillsbury was tell
ing his story. Her lips were moving
as if the words she would utter were
on her tongue, and a scene was looked
for. But Mrs. Phillips controlled her
self and the exciting incident that ap
peared momentarily forthcoming did
not materialize.
Pillsbury's opening statement was as
follows:
There is but issue in this case the
question of the soundness of mind of Bertha
Marion Dolbeer. The question at issue is
whether Bertha Dolbeer at the time she made
her will had sufficient mental capacity to un-
derstand the value OF her act, had a proper
comprehension Of her property interests and
of whom she favored with her bounty.
We expect to show that bertha Dolbeer was
a young woman of % years. of good educa-
ton of more than ordinary intelligence. kind.
lovable and considerate disposition. Of char
acter that was respected and admired. She
had more than usual ability for one Of her
years in managing her property interests. max
ing investments and looking after her house
hold affairs. At the same time she took an
active part in society, giving entertainments
and being entertained, conversing on all sorts
of matters
We expect to show that her father. John
Dolbeer. began his career in California a
workman in the woods That he later engaged
in the lumber business In Humboldt County,
forming a partnership with William Carson.
We will show that Mrs. DOlbeer died in 1879
when Bertha was years of age. At the time
OF the birth of Bertha the mother was in good