The San Francisco call., 1905-01-04
DID NOT TELL
ALL HE KNEW
j. A. S. Low, Witness to
DunSmuir Will, Admits He
Testified Falsely at Trial
MAY WIN BIG ESTATE
Edna Wallace HOpper's
Chances Look Brighter for
Gaining Share of Millions
MAY WIN BIG ESTATE

"I didn't tell the whole truth" was
the astounding statement made by j.
A. s. Low when he was giving testi-
mony in the Dunsmuir will case yes
terday before Crown Commissioner
Courtenay Bennett, the. British Consul.
In the face of a powerful cross-ex-
animation by Sir Charles H. Upper
and Judge e. P. Coyne, Low was COM
PEELED to admit that he testified falsely
when giving his testimony while the
case was being tried in Victoria.
Edna Wallace Hopper's chances of
breaking the will now loom up in a
far brighter light than before. and it
looks as If she had good chance to
get a slice of the Dunsmuir millions.
Low was one of the witnesses to the
Alexander Dunsmuir WILL whereby the
immense estate was willed away from
Mrs. Alexander Dunsmuir and given
intact to James Dunsmuir.
The will was made In California,
and, according to the laws Of this
State, the witnesses must know the
nature OF the document or the will is
invalid. Low in his testimony during
the trial swore that he did not know
nor did he know at the time Of making
that statement any Of the contents of
that document.
In its decision on the merits Of the
will, the lower court at Victoria
plainly stated that proof had been
furnished that Alexander Dunsmuir
had possessed mental capacity for
transacting business prior to his death
and in the opinion of the court was
capable of making a will.
The Supreme Court Of British COL
umbia, however, ignored the ruling of
the lower court, when the fact that
the will had not been properly proved
under the laws of California was pre-
sented to it, and 1t ordered that a
commission be appointed to take fur
ther evidence in this city on the ques-
ton as to whether the witnesses to
the will actually knew the contents of
the document at the time they affixed
their signatures to 1t. The Supreme
Court agreed that it would not refer
the case back to the lower court but
would await the result of the taking
of testimony here and act accordingly
in determining the legal points pre-
sented to it on appeal.
The Supreme Court of British Col
umbia, however, did not sustain the
opinions of the lower court, and the
presiding Judge held that further tes-
tinony should be taken from Low.
had been in the employ Of the Duns-
muirs for twenty-five years, was dis
charged. At the time of the signing of
the document Low stated his monthly
salary was $3.50, but 1t was increased
by James Dunsmuir to $500 a month
pending the litigation. After his dis
charge Low went to England. ! He was
summoned back by cable by Andrew
Thorne. one of the attorneys of James
Dunsmuir, in order that he might
make some changes in his former tes-
timony in behalf Of sustaining the
will. He did this, to the best of his
ability, in the direct examination put
to him by defendants attorneys yes
terday and he swore that the night he
signed the paper he heard Alexander
Dunsmuir say to James Dunsmuir,
Hand me the will" On cross-exam-
ination, however, he fell down fat, and
made a great witness for both the
plaintiff, Edna Wallace Hopper, and
Mrs. Joan Dunsmuir. the intervenor
Under severe cross-examination
Low first said he was ignorant of
what the will was when he signed it.
but later said he knew what the docu-
ment was. He further swore that