The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-08-27
ETA WARREN'S
MIND AN ISSUE
DR.. Levitt Says Her APP
pearance in Court Might
Cause a Mental Collapse
BORDERS ON MYSTERIES
Judge Coffey to Hear Argu-
ments on Monday as to Her
Ability to Give Evidence

Eta Marion Warren's physical
health is fair according to the ex-
pert testimony of her physician, DR..
". 5. levitt, given in Judge Coffey's
court yesterday morning. To outward
appearances an ordinary person might
say that the woman who has left the
major portion of Bertha NJ. Dolbeer's
fortune is enjoying perfect health.
But DR.. levitt says his patient is
recovering from a nervous shock and
that the ordea' of an appearance in
court or before a notary for a depo-
sition might cause a collapse.
Three points were involved in the
hearing before Judge Coffey-the
physical and mental condition of Eta
Warren, the demand of the Schander
side that her deposition be taken be-
fore the case is set for trial and the
insistence of the attorneys of the ad-
ministrators that the trial be set for
an early date.
After the examination Judge Coffey
said he would hear arguments on
Monday afternoon. He intimated that
he might deal more directly upon the
illness if the person involved were
man, but under the circumstances he
had to believe the testimony of the
woman's physician.
DR.. c. c. Wadsworth was the first
witness. He attended Miss Warren
and was present at the time she ar
rived from New York, where she was
Ia witness Of Bertha Dolbeer's dreadful
death. He was acting for DR.. Levitt,
who was absent. Miss Warren was in
a nervous condition, but continued to
improve until August 8, when he
ceased his visits.
SUFFERS FROM SHOCK.
DR.. Levitt first visited Miss Warren
on August and between the Sd and
that date he did not know of any one
having attended her. He said she was
suffering from the effects of the
, shock. She is evidently much better,
but her mental condition is such that
a severe strain might bring on col
lapse. Her nervous system is upset
and will probably continue so for sew
eral weeks. The doctor thought she
might stand a short examination if 1t
were not exciting, but he was not in
clined to say that she might appear
in court under a few weeks, nor ap-
2
in which the cross-eXamination might
excite her.
Hiram Johnson cross eXamined DR..
Levitt and learned that he had ad-
vised Miss Warren to take as much
/ daily exercise as possible and that he
knew she had made trips downtown,
accompanied by her nurse. 1t was
brought out, on the admission of At
torney Pillsbury. that Miss Warren
had visited his office twice.
NERVOUS AND UNFIT.
Mrs. Adeline Copeland, a notary,
testified that she had been called to
Mr.. Pillsbury's office to verify Miss
Warren's answer to the Schander con-
test. She said that Miss Warren was
pallid, nervous and unfit When
/ asked TO explain her statement she de-
ciared that 1T is difficult to make a
man understand a woman's condition
in that shape"
c. Barretta, a jeweler, testified that
Miss Warren and another woman
came to his establishment on August
13 and 16 and made purchases of
! jewelry.
Sam Valenzuela, the last witness, af-
D
serving summons and some amuse-
ment in his explanations. He said he
went to Miss Warren's house with a
summons for her to appear, before a
notary. He wore a messengers cap,
Unlettered, however, and when the
nurse came TO the door said that he
had a message which he must give
/ Miss Warren personally" She came
downstairs, dressed in black. and he
handed her the summons.
This evidence seemed to interest
Judge Coffey and he questioned the
young man at length. The boy said
he was in the business of serving sum-
monses in difficult cases. He admitted
/ that he frequently used DISCUSSES and
said: When L go to those rich houses
the nurse always answers the door and
1 have to look like a messenger to
( get next"
The answer raised a laugh. When
/ the Judge asked the boy if he was en-
+ ployed by any company, he replied
/ that he had a company of his own.
At the end of the examination At
/ torney Pillsbury renewed his motion
! that the case be set for trial Hiram
/ Johnson asked that all the evidence
and the affidavits heretofore submitted
be considered by the court. Albert
Johnson asked the court to order Miss
Warren to show cause why she should
not be punished for contempt and re-
quire her to give a deposition.
DEFENSE DOESN'T NEED HER.
Mr.. Pillsbury suggested that the ad-
ministrators would go to trial without
Miss Warren's presence, and Mr..
Johnson retorted that such a proceed
ing would indeed be "tnhuman," con-
sidering that the executors were de-
Tending her interests as the chief resi-
duary legatee of the estate.
Judge Coffey said the only question
was as to whether Miss Warren's con-
Gition is such as to make an order to
proceed with her testimony proper. If
the doctor was to be believed the ac-