The San Francisco call., 1906-09-08
NOTES OF HEIRESS
MAY Be SHOWN.
Contestants Attorney Calls
for Letters Written From
Europe by Miss Dolbeer
TEARS DURING TRIAL

A new turn in the Dolbeer will con-
test case occurred just before the ad-
5ournment Of the court yesterday
afternoon, when Attorney de Cola,
chief counsel for Horatio Schander,
the contestant, called Attorneys Gar
ret w McEnerney and E. S. Pillsbury
Of the defense TO the witness stand
and questioned them concerning their
knowledge as TO the existence of any
viii other than that now in contest.
An effort was also made TO secure a
court order requiring Attorney Nc
Enerney TO produce letters written by
Miss Dolbeer TO her cousin, Mrs. Chase
OF Berkeley
DO you know OF. the existence of
any letters written by Miss Dolbeer
while abroad to Mrs. Chase of Berke-
ley?" inquired De Cola when Nc
Enerney took his place in the witness
chair
Yes, I do" was the response.
Where are they?"
They are in my Office. I think"
Attorney de Cola then asked that
the court order the letters to be shown
70 him.
I don't think I will object to your
seeing them after 1 have examined
them" said Attorney McEnerney, and
the petition for an order was pressed
no further.
- Both McEnerney and PiIlsbury, when
asked whether they had any knowl-
edge Of the existence of any will or
document made by Miss Dolbeer other
than the one now in contest, denied
knowing OF any such paper. Pillsbury
stated that he knew nothing of the
writing or execution of the will now
in contest
MORE TEARS IN COURT.
More tears were shed yesterday dur
ing the trial, when Mrs Elizabeth c.
Phillips, who was recalled to the
stand and whose testimony took up
the greater portion of the day, de-
clared that she had made every effort
10 effect compromise out OF court
and so save the ignominy of having
the family history dragged through
the long legal fight Tears stood in
her eyes as she vehemently declared
that she hoped that woman" refer
ring to Miss Warren. would have
enough to divide up and save all the
trouble, and that for her own part she
didn't care for the money.
4 was present at the trial of Adolph
Schander's contest OF the will-re-
luctantly, as I am now" she said in
answer 10 questions on cross examina-
ton i had an interview prior TO that
trial with Executor George D. Gray ct
his ofhce. Mr. Gray and Mr.. William
son both falsiied on the stand in the
other trial in saying 1 made a threat
10 break the will if they did not dis
gorge.
My conversation with Mr.. Gray was
confidential" she continued. He did
say that ! should have $4,000 I
thought I ought TO have as much as
that. I did say that l should have as
much as Miss Warrens mother. That
was the purport, but the spirit of my
remark was that / thought my be-
quest small as compared TO that of a
stranger. I did not demand $4,000
] made the remark that all 1 cared for
was money, but that was not made in
the spirit imputed, but on account of
my circumstances. I told Mr.. Gray
that I could break the will-that 1 had
evidence that would do it, and that if
put on the stand I must tell the truth.
I was working for compromise, not
TO get S25 or $4,000, but to keep my
fsmiy's affairs from before the pub
lie"
OTHERS GIVE TESTIMONY.
Have you any expectation of get
ting that $4,000 given you under the
present viii in case this contest is
won?' Mrs. Phillips was asked.
4 have no contract" she replied.
Being an important witness,
naturally supposed they wouldn't let
me lose ii. but 1 have no promise-and
in fact I have got to the point where
I don't care"
Several other witnesses were placed
on the stand during the day, but the
testimony brought out was similar TO
that already given. Among those who
testified were William Tyson, John c.
Pelton, Mrs. Angela Brunson, Thomas
SayweIl, who was for thirty-five years
JOnn Dolbeers gardener, and Mrs
Hilma Carlson, a former cook in the
DoIbeer household The latter testified
10 the absence Of drinking and smok-
ing in the Dolbeer residence after Mr..
Dolbeer's death.
The trial was adjourned late in the
afternoon, TO be resumed Tuesday