The San Francisco call., 1904-12-21
SCORING WORDS
BY MCENERNEY
Takes Johnson to Task for
AspersiOns on Witnesses
Who Belong to Society"
CONTEST LACKS PROOF
No Evidence at All to Show
Miss DOlbeer Was Insane
When She Made Her Will

Garret w. McEnerney began argu-
ment for the proponents in the Dolbeer
will case after Hiram Johnson had I'M
ished his opening address in behalf Of
the contestant yesterday morning.
johnson once more started a flood Of
perspiration in animadverting on the
society people" who testified as
witnesses in support of Bertha Dol
beers last will and testament, and
another collar was consigned TO
the laundry bag. wilted and fiat
tened where the chin beat tattoos in
impassioned appeal, but mute evidence
of the fire of words that thrill.
When it came McEnerney's turn, Mr..
Johnson himself became the object Of
oratorical castigation. The ''ignoble
appeal TO passion, the tanning Of
prejudice" as McEnerney said his OPP
ponent had Tesorted TO by holding up
the witnesses for the proponents as un-
worthy because OF their wealth and
their standing, were unsparingly de-
nounced.
Such has been Mr.. Johnson's man
ner of trial of this case,' declared Nc
Enerney, and his abundant shock OF
hair shook to the roots with his ear
nestness. And when in this country
OF ours he continued, appeal can be
successful TO the prejudices of race. of
religion, Of class. of wealth and its dis
tincJion, then is the beginning of the
end of cur institutions as a nation.
Next to the arrogance of wealth is the
malignant hatred of the poor for the
rich. 1t is this prejudice of the poor
against the rich that Mr.. Johnson has
sought 10 arouse in the minds Of this
jury"
QUOTES FROM SIMPLE LIFE
McEnerney brought President Roose-
Welt and Rev. Charles Wagner into the
case, and quoted freely from The Sim
pie Life" IN his scorings of the 'ignoble
appeal of contestants counsel.
The oratory of the counsel for pro-
ponents continued till the hour of ad-
Journment. and he Will resume this
morning The following was McEner-
ney's address in part.
There is but one question and only one in
this case. Was Bertha Marion Dolbeer Of IN
sound mind when she executed her Will on
April % Of the present year?
Tne health Of the testatriX before that time
and after that time are subsidiary questions
BY insinuatiOn and innuendo counsel for con-
testant has sought 70 make il appear that Eta
Marion Warren exerted an influence over Miss
Doibeer and dictated the terms OF the instru-
ment- But there was no such issue raised in
this contest. and counsel unjustihably engages
IN vague possibilities 6lL prCDauill1les. Ills
whole case abounds in the hgments Of his
imagination.
II is established law that ali persons are
presumed TO be sane. The writing OF q CO
herent will itself is evidence OF the
sOundness OF the testator's mind. The
burden OF proof is the contestant
10 show that Bertha Dolbeer was insane on
April % 1 will call your attention 10 the fact
that the contestant has not produced = single
witness who could tell Of her mental condition
on that day Absolutely nothing proved
tending in any degree 10 show that her mind
was unbalanced when she signed her tesfa-
ment. The testimony Of Mrs J. L. Moody.
Mrs. Ray Sherman and Mrs. Elizabeth {. Phil
lips is the sum total OF their case. Against the
testimony of Bertha Wilcoxen the nurse: Dena
Rasmussen, the maid. Joseph Baer and Ma =
dame BaeT OF the dressms king parlOrs Mary
Faulkner, the filter Leslie Elfendahl the
chauffeur. A. +. sutton the actor. Pierce ".
Moorehouse. the ticket broker and Addison &.
Miner OF New York. all OF whom testified that
they saw Bertha Dolbeer on April % con
versed with her and found her rational and
sane. the contestant has not produced one wit
ness to contradict or show that she was not OF
sound mind.
In addition to the witnesses that have been
naTIed the proponents have called many friends
entertained the slightest suspicion OF a failing
and in experience hat testimony based on such
observation Of friends and scquaintances is
the best evidence possible to sanity or in