The San Francisco call., 1904-12-20
DOLBEER CASE
BEING ARGUED
JOhnsOn's Collar Wits and
Voice Gives Out in Open
ing Address to the Jury
DWELLS MUCH ON FLAWS
Armand's Belated Deposition
Is Admitted and Lawyer
Declares 1t Is Perjury

The thunders of oratory now roll
over the heads of the jury in the Dol
beer will contest. The beginning was
made yesterday afternoon by Hiram
johnson for the contestant, and he
talked till his collar wilted to a rag
and his voice was all but out of serv-
Ice from his impassioned pleading. He
will resume this morning, and after
he has concluded Garret w. McEner-
ney will unlimber himself in behalf
or proponents. Each side was allot-
TED five hours for the argument. John
son Will close late tomorrow after
noon, but the case may not go to the
jury till the following morning, be-
cause the instructions of the court
will remain to be given.
Judge Coffey's courtroom was
crowded to its utmost. The women
were on hand in large numbers. The
great contest over the estate of
100000 or more had reached the
point of hottest conflict, and the
throng was we'll rewarded by the spec
tacle, the satire and the humor.
JOHNSON ROASTS SOCIETY"
Johnson had much to say of $50
ciety." He went far into generalities
to show that the land fares i'll where
wealth accumulates and men decay
He held up the proponents and their
witnesses to the jurors as members
Of such society"
Stress was laid on the fact that
Miss Warren had not taken the stand,
for only she, Johnson declared, could
tell fntelligently of the mental condi-
ton of Miss Dolbeer.
The argument, so far as it pro-
ceeded yesterday. was devoted to tes-
timony adduced by the proponents.
The attorney was frank in saying that
his case was strongest in the testi-
mony given by witnesses for the pro-
ponents and in the negative testi-
mony," that which they did not pro-
duce. In behalf of the will there had
been four sins of omission in the trial
of the case. he said. William G.. Mu-
gan, Miss Dolbeer's business manager,
was not asked his opinion as to her
mental condition. George D. Gray.
the other executor. was not called on
to give his opinion. Mrs Douglas
Sloane Watson was not summoned to
testify, and lastly Miss Warren re-
mained silent. These were the per-
sons above all who could tell of the
real Bertha Dolbeer. Their failure to
enlighten the jury, he argued, weak
ened the cause of the proponents.
THE BEACON LIGHTS.
The two beacon lights for the con-
testant, as Johnson described them,
were the insanity of Miss DoIbeer's
mother and the suicide of the testa-
trix herself. With these points in
view, the glimpse into the life of the
young woman, he contended, would
clearly demonstrate that she was of
unsound mind when she executed her
will on April 23 of the present year.
to the attorney there could
be no question that Miss Dolbeer flung
herself from the window into the air.
shaft of the Waldorf-Astoria Hotel in
New York, and that she was insane
at the time. Whatever doubt had
been entertained on this point, he
said, was dispelled by the deposition
of Alfred Armand, who declares that
he saw her gather UP her skirts and
jump.
On the opening of court in the
morning this belated deposition was
produced by the contestant, it having
just arrived from New York. It's ad-
mission was objected to on the ground
that the other side did not receive suf-
ficient notice. During the preliminary
hearing on this point Attorney E. S.
Pillsbury took the stand and inciden-
tally declared that he believed Ar
mand's testimony was perjured, and
that 1t was procured by Charles j.
Stillwell. formerly a detective of this
city, but now in New York. Pillsbury
got as far as describing StillweIl as
"scoundrel," when Judge Coffey
stopped further expression of opinion.
The deposition was admitted.