The San Francisco call., 1904-12-13
PLACE WITNESS
IN BAD LIGHT
Proponents in Dolbeer Case
Attack the Credibility of
Mrs. Phillips Testimony
TELL OF HER DEMANDS
Jury Hears of Her Threats
to Aid Contestant if a
Large Sum Was Not Paid

The proponents in the Dolbeer will
case yesterday bent all their energies
to an attack on the testimony OF Mrs.
Elizabeth c. Phillips. She is the bene-
ficiary under the testament who joined
forces with the contestant and testified
that Bertha Dolbeer was of unsound
mind at the time the instrument was
executed. George D. Gray, one OF the
executors, and w. +. Williamson, his
attorney, were called to corroborate the
statements of William G. Mugan, the
other executor, that Mrs. Phillips had
persistently demanded a bonus of $15,-
900 TO be added to her bequest of $4,000,
and threatened in seeking to enforce
that demand to go on the stand and
give testimony that she said would
break the will.
Mrs. Phillips was the strongest wit
ness brought forward by Contestant
Schander, for she was the only person
who testified that Miss Dolbeer was
unquestionably insane. Mrs. j. L.
Moody's testimony tended to raise a
question as to the mental condition of
the testatrix, but she did not meet the
issue squarely by a declaration that
Miss Dolbeer was deranged. The testi-
mony of Mrs. Phillips was very largely
the basis of the contest, and the en-
deavor was therefore vigorous to con-
vince the jurors that her statements
and opinion were unworthy of the Gre
dence that should influence them.
The cross-eXamination of William G.
Mugan took the greater part Of the
morning session, and he reiterated his
testimony as to interviews in which
Mrs. Phillips told him that she must
have $4,000 in addition to her bequest
or she would give aid to the contestant.
The witness was followed by Attorney
Williamson, who related the converse
tions held with Mrs. Phillips at two in
terviews, one on August and the 9TH
er on August 19. His testimony was to
the same effect as that of Mugan.
Executor Gray said that when Mrs.
Phillips called on him he suggested that
she had been cared for in the will, but
her reply was that bequest of $4,000
was inadequate.
MAKES VIGOROUS DEMAND.
"I want SIS ,000-as much as Mrs.
Warren received" Mrs. Phillips had
said, according to the witness. It's
money I'm after, and I'm going to get
it out of Miss Warren" was one of the
picturesque statements ascribed to her.
Mrs. Phillips appeared very much
angered because Mrs. Warren, mother
of Miss Warren, should have been be-
queathed SIS OOO-$15 900 more than had
been left to herself If the money was
not forthcoming, she had threatened
he NIT he fffa11 WI Gh
knew and help out the contestant"
Mrs. Phillips also told him that the at
torneys who were about to file the con-
test were trying at that time to have
an interview with her.
Gray answered Mrs. Phillips, he ex-
planned, that he could do nothing in re-
gard TO her demand further than to
present it to Miss Warren for consider
alton if the opportunity should present
itself
Mugan was recalled to produce a
number of letters received from Miss
Dolbeer after she left San Francisco.
In one of them, written in Paris, she
tells Of being ILL Miss Jolliffe, Rudolph
Spreckels, Miss Josselyn. James d.
Phelan and others have testified that
they saw Miss Dolbeer on dates subse-
quent to the writing of the letter and
that she was then in good health, which
she must have regained. The following
was the letter:
WRITES OF ILLNESS.
My Dear Mr.. Mugan: BY the time this
reaches you you will be married. 1 cabled
you the other day my congratulations and now
that writing 1 cannot express as would
like to all the good wishes 1 send you for your
future happiness. / so sorry that am not
there TO send you both wedding present, but
as I would like to pick II out myself am
afraid IL will have to wait until l return,
which may be very soon.
l think Miss Warren wrote you that had
been i'll. 1 was feeling very we'll in London.
although not quite myself but since have
times think home would be the best place for
me- am trying to have a little patience and
see what this doctor do for me first l
did not intend TO write you this, but thought
you ought to know II we started for home.
you suggested Vim CWilliam Carson) coming
over Just at present don't think he ought
to start, but you will hear from us again soon.
With much happiness to you BOTH always
very sincerely, BERTHA NJ. DOLBEER.
P S.-Please don't mention to a soul what
I have written about myself.
The transcript of testimony of Adolph
Schander taken at preliminary hear
ing in the suit was read to the jury,