The San Francisco call., 1904-12-22

has been mother. sister and brother to
me. She has been with me since l was
a little girl and has always looked out
for me. l consider myself most for
tunate in having her."
To Miss Alice Hager: 'I am more
fortunate than any one will ever know.
1 can never thank Miss Warren for
what she has done for me-"
Miss Grace SDreckels testified that
Miss Dolbeer and Miss Warren were
like sisters.
To Addison G. Miner, Miss DOlbeer
said at the time of her fathers death:
Il do not know what should do with
out Miss Warren. She has been moth
er, sister and brother to me, and now
she is to take the place of my father
as well. Miss Warren is the only one
who is near and dear to me in the
world"
And to Mrs. Phillips, Miss Dolbeer
had declared: We'll, auntie, 1 am used
to Miss Warren and she is used to me-"
McEnerney named the long list OF
witnesses that had been called by pro-
ponents to tell of their observations of
Bertha Dolbeer and to give the opinion
that she was of perfectly sound mind.
1t would have been impossible, he as
serted, for any signs of melancholia to
escape all of them. To offset the ex-
pert testimony adduced, the proponents
had brought DR.. Herzstein forward,
who conversed with the testatrix for
two hours in Paris and never noticed
a sign of failing mentality.
MISS WARREN'S ATTITUDE.
As TO the fact that Miss Warren was
not called as a witness, of which con-
testant's counsel had declaimed much,
McEnerney said the proponents did not
wish to place her on the stand to be
baited for several days by Johnson.
There could be no other outcome than
charges that her testimony was un-
worthy of belief If ii was not favor
able to the cause Of contestant. Furth-
ermore, the way for admission of a
flood of dispositions taken in New York
would be opened if her testimony were
allowed and the trial would be inter-
minable.
The policy has been pursued as was
the juridical system in this country till
1866 of closing the witness stand to any
party in interest The case could be
proved all the more satisfactorily by
disinterested witnesses, declared Nc
Enerney and as such testimony was
abundantly available the proponents
chose this course.
McEnerney did not pay much atten-
ton to the testimony of Mrs. Elizabeth
c. Phillips, the most important witness
for the contestant and the only one
who testified that Bertha Dolbeer was
of unsound mind. The showing that
had been made as to her efforts to force
Miss Warren to disgorge $4,000. to be
added TO her bequest of $4,000, was
sufficient for the jury, he said Nc
Enerney continued as follows:
No man can say whether Miss DoIbeer's
death was accidental or a suicide She left
no evidence OF a purpose to take her own
ci1a S1e1z = ted IRON
Paris with the intention Of returning home.
In New York she drew $500 on a letter OF
credit 10 pay for the tickets to San Fran
cisco. She called the morning before her
death at the railroad office to engage reserva-
been fixed. In every way did Bertha DoIbeer
sanely make arrangements for the trans
continental trip TO San Francisco.
The only evidence produced to show that
this young woman committed suicide is the
belated testimony Of Alfred Armand who
deposed that he her walk out Of the
window OF the airshaft. appearing to him as
If making her way out upon roof garden
The contestant in his opening statement said
he would prove that Bertha Dolbeer suffered
from insomnia continually. but when the wit
ness stand was opeRed not bit Of evidence
trary we have proved sufficiently by the evi-
dence OF Miss Grace SDreckels alone that
Bertha Dolbeer did not SO suffer. You will
remember that Miss Spreckels told OF the visit
OF a party to Menlo and Of the days OF ex-
citement. Yet Bertha Doibeer slept soundly.
saws Miss Spreekels. who occupied the same
room with her one night The following night
they slept in separate rooms and on inquiry
by the witness the next morning Miss Dobeer
said she had passed restful night
This failure OF the contestant to prove the
assertion made in the opening statement Is
but one of the many pretensions that have
| fimsy foundation in his case.
Johnson's final appeal to the jury
was about an hour long and he went
| over ground largely covered In his
| opening address. He again made much
/ of the allegation that powerful infiu-
ence aided and abetted Miss Warren
| In the case.