The San Francisco call., 1905-04-12
TELEGRAMs FROM NORTH.

In support of the affidavit, Public Ad-
ministrator Hynes incorporated therein
the following kilograms from British
Columbia that were directed to Judge
John H. Burnett. who appears in the
case as one of the representatives of
Mrs. Joan Dunsmuir, who has joined
with Edna Wallace Hopper in the
fight for a division of the millions of
the dead coal baron.
Victoria, B. c.. April g. 1905.
Judge John H. Burnett, 42o California street
San Francisco. Cal.
See Horace Piatt regarding 81 per cent of
Esquimalt and Nanaimo Railway shares.
either PIett.s clients or Canadian Bank of
Commerce Dunsmuir is making new deal with
Canadian Pacific Railway in Montreal to sell
them control of the Esduimalt and Nanaino
shares. Alexander Dunsmuir was owner OF
one-auarter OF the total shares and IL we
break the will James will eventually be adj
Judged to be trustee for the Alexander Duns-
muir estate and of at least one-half II not all
of the shares purchased from Platts clients
1t would be advisable to get the PUBIC Ad.
r1inistrator to in some way put attachment
on the shares in San Francisco immediately
to forestall the James deal in Montreal, which
may be closed any moment; Act qulcKIy ana
reply. D. M hOiEhS
Judge John H. Burnett 42o California street,
San Francisco, Cal.
Wire what steps taken towards attaching
shares Haste essential. shares may be with
orawn 10 oana'' a' D. M. ROGERS
Judge John H. Burdett, 420 California street
Hurry. Deal closed to-day. Shares there
are worth Sc 600 600. d. NJ. ROGERS.
Judge Coffey was quick to catch the
importance of the new development.
but he refused to take action until the
representative of James Dunsmu1r
could be- heard. Attorney Charles S.
Wheeler was thereupon summoned, as
was Joseph C. Campbell,w represents
Edna Wallace Hopper and w. S. Leake,
executor of the estate of Mrs. Josephine
Dunsmuir. deceased, widow of the late
Alexander Dunsmuir. Wheeler came
into court and Immediately began
fight against the petition of the Public
Administrator. He said he could see
no reason why the special letters should
be granted, as the petition of the Pub
lie Administrator was based solely
upon hearsay, and the inventory of
decedents estate contained no mention
of any stock in the Esquimalt and
Nanaimo Railway Company.
THAT makes no difference" said
Judge Coffey." 1t frequently occurs
that property is not discovered until
after the inventory has been fled
CONTINUANCE DENIED.
Then Mr.. Wheeler asked for a. con-
tinuance. He had not had time, he
said, to investigate the new condition
IudI COHlTOulGQ IT'LL, as tHC dCllO1 VI
the Public Administrator had come
precipitately and as surprise. Attor-
ney Campbell Joined with Attorney
Hickey in a protest against delay, Mr..
Campbell saying that his clients were
In favor of the granting of the letters
to the Public Administrator, that their
interests might not be jeopardized.
Wheeler said he should be given until
o'clock, but Judge Coffev recogniz-
n ha nf a SnRPdV hearing
would not consent tc later hour than
o'clock, and at that hour the petition
was again called for hearing.
Wheeler first objected to the courts
assuming any jurisdiction over the
case, contending that the court had
no jurisdiction to set aside the orig
inal order admitting a copy of de-
cedent's will to probate and offered in
evidence in support of his contention
the entire record of the case by which
this copy was admitted and James
Dunsmuir subsequently discharged as
executor after the estate had suppos-
edly been settled so far as the courts
of this State are concerned. He asked
for a ruling, however, on the motion
to set aside the order setting the hear
ing of the Public Administrators orig
inal petition for letters for the Goth
inst. Judge Coffey said he would grant
the motion and take up the petition
forthwith.
Mr.. Wheeler then renewed his con-
tention that the court is without juris-
diction and said that he would like
time in which to present proof that if
any court In the State has jurisdiction
over the estate of Alexander Dunsmuir
it Is that of Alameda County, where
the deceased built home and lived
for eight months prior to his death.
This move on the part of Mr.. Wheeler
constituted the repudiation of all of
James Dunsmuirs acts as adminis-
TRAITOR in, bic Iaff