The San Francisco call., 1905-01-05
MEMORY
IS DEFECTIVE
Witness in Dunsmuir Case
Cannot Remember When
Questioned by Judge Coyne
FILE NOTICE OF MOTION
Mrs. HOpper's Attorneys, in
Formal Document, Bring
Case to Superior Court
FILE NOTICE OF MOTION

II don't remember was the answer
given to nearly every question of i'm
portance put to j. A. s. Lowe by Judge
Coyne during the taking Of testimony
in the Dunsmuir case yesterday morn
ing. On some points the witness
would answer positively Yes" or
NO." but on the majority of questions
put to him his mind was a blank.
James Peter Taylor. also a witness
to the will, was before the commission
yesterday. His testimony was greatly
at variance with that given by Lowe
on Tuesday. A mild sensation was
sprung when Sir Charles H. Tupper pro-
| duced before the commission a floor
plan diagram of the Agnew residence
in Oakland, where the will was signed.
Lowe was the first witness called
yesterday. Judge Coyne took him in
hand and put up vigorous cross-ex-
animation. Lowe was non-committal.
He took refuge in the statement Il
don't remember to nearly every ques-
ton asked him. The question of COM
pensation for his services was brought
up for his trip from England here. He
said he had not been promised any
specific sum, but he thought $50 day
would be what his services were worth,
and he thought tae representatives of
James Dunsrnuir would pay him this
amount
LOVES MEMORY.
Judge Coyne asked Lowe concerning
certain letter that he Gowe) had
shown to Mr.. Avery on the Sausalito
boat last Saturday morning Lowe
could not remember anything about the
letter. After a terrific hammering from
Judge Coyne, Lowe was compelled to
admit that he had the letter referred
to. but could not remember anything
more about it. He further admitted
that the letter was from his wife, but
he positively declined to give its con-
tents. He also said that he could not
remember having discussed the ques-
ton of seeing an attorney to coach him
in the case. Finally Judge Coyne. in
fit of desperation, said: rs there any
thing you do remember Yes"
Lowe replied, Il remember that l had
breakfast this morning" Now Mr.
Lowe" said Judge Coyne, do you re-
member going TO the office of Mr.
| Thorne this morning at 10 o'clock"
Yes, said Lowe.
What happened there?" queried
Judge Coyne
!. Il don't remember" replied Lowe
DO you pretend to tell me, sitting
here under oath before this commits
sion, that you do not know what hap
pened in Mr.. Thornes office this morn
ing only about twenty minutes ago?"
L don't remember" was loves re-
ply.
And l suppose that this testimony
you are giving now is as true as all the
rest of the testimony you have given
before this commission" asked Judge
Coyne. Yes" replied Lowe. This
wound up the morning session.
James Peter Taylor, prominent coal
merchant, testified to the same effect
Z NJ ha dffr-ir, tro ,io1 - AZ f.
Victoria, B. C.
Els statements regarding the doings
and movements of James and Alexan-
der Dunsmuir, Lowe and himself. on
the night Of the signing of Alexander's
will, were entirely different from the
statements made by Lowe on Tues
day.
POINTS TO DIAGRAM.
T. ylor pointed out with accuracy on
the diagram the position in the parlor
of the Agnew home where the docu-
ment was signed. He declined posi-
lively and emphatically to make a
mark on the diagram but he put his
finger on the spot in question. In the
testimony of Lowe on Tuesday, from a
drawing made by himself, he indicated
an exact opposite position in the room.
Albert James Balm. the architect who
drew up the floor plan of the Agnew
and went minutely into description
of the premises.
The further hearing of testimony will
take place Saturday morning at 10:3o.
Edna Wallace Hopper-s ATTORNEYS.
Campbell, Metson & Campbell, yester-
day formally filed the notice, which
they had served on Che attorneys for
James Dunsmuir of their intention to
move on January for a revocation of
the judgment of May 9, 1900 admitting
the will of Alexander Dunsnuir to pro-
bate and appointing James Dunsmuir
as executor. The motion is to be based
upon the grounds that the court did not
have jurisdiction of the subject matter
of the estate nor of the persons inter-
ested. The affidavits of Sir Charles
HILBERT Tupper and Edward P. Covne
regarding the proceedings in British
Columbia, are attached to the notice