The San Francisco call., 1906-11-27
CHILD IS SUING
FOR SHARE Of
A FORTUNE
Contest Of Will of the Late
Mrs. Ellen NJ. Cotton Is
Under Way in Santa Cruz
SACHER ALLEGES
UNDUE INFLUENCE
Father Of Little Helen An
swers Personal Questions
Put by Ex-Judge Slack
SPECIAL DISPATCH TO THE CALL

SPECIAL DISPATCH TO THE CALL
SANTA CRUZ, Nov. 26.-The fight of
Siegfried Sacher on behalf of his five
Sear-OId daughter Helen to break the
VIII OF Mrs. Ellen VI. Cotton, the chiId's
Ereat-ErandmOther, was begun today
in the Superior Court before Judge
smith. Mrs. CeltoB was the widow
of David ID. Cotton, who was a partner
of C. p. Huntington and Leland stan
ford in the big railroad enterprises and
who at his death left his large fortune
10 his widow. The couple had two
chiIdren-HeIen. who married Crftten-
den Thornton, and Caroline. who is now
Mrs. John b. DahIgren of this city.
Mr. and Mrs Thornton had one
daughter. also named Helen, who be-
came the wife of Siegfried Sacher. 1t
is the only daughter. of the last named
couple. Helen. who is striving, through
her father and guardian. siegfried
sacher. to break the viii of her great
grandmother, Mrs. Ellen Cotton.
Mrs. Dahlgren had two daughters by
former rriage-Theodosia. now
Mrs. Frank Grace. and Katherine. who
is unmarried. In December. 1904, Mrs.
Cotton made a will leaving her Santa
Cruz home TO Mrs. Grace. $1,000 TO Helen
Saeher. and the balance in equal shares
10 Mrs, Dahlgren and Katherine, and
appointed ". J. Bartnett. for ten years
her lawyer, executor. of the will.
Sscher claims that Mrs. Cotton was
Of unsound mind at the time of her
death and was unduly influenced by
Mrs. Dahlgren and Bartnett-
WANTS WITNESSES PUNISHED
Mrs. Cotton died in February, 1905.
and the will was filed soon after in
this county and Bartnett was ap-
pointed. special administrator. Sacher
Immediately commenced his contest. the
depositions were taken in Washington
and the trial of the case commenced in
this city today
The contest promises to be one of
the most bitterly waged court battles
Of many years, as some of the best
legal talent in the State has been Sc
cured. Attorneys J. F. Riley and Bar
clay Henley of San Francisco and Ben
jsmin K. knight of this city appear
for the plaintiff, while the defense is
represented by Judge Charles w. Slack
and Marcel Cert Of San Francisco and
C. NJ. Cassin and Bart Burk of Santa
Cruz.
The preliminary skirmishes started
of in earnest when Attorney Slack
moved that Siegfried Sacher. the father
Of the little plaintiff, and John Clapes.
the former butler of Mrs. Cotton, who
has been brought from Barcelona,
spain. to testify, be cited to show cause
why they should not be punished for
contempt Of court in not responding to
an order issued out of the Superior
Court to appear beforea notary public
for the purpose of having their depo-
sitions taken.
Judge Slack wanted the two wit
nesses punished. but the court over
ruled him and ordered the case con-
tinued till Tuesday morning. so that
the depositions could be taken in open
court today.
SACHER Is CATECHISED
The taking of the deposition of
sacher occupied the entire afternoon.
He proved very courteous. but some
what elusive witness. His memory
was bad at crucial times. especially in
regard to moneys which he had han
died, though he admitted being a
banker by profession. Judge Slack
submitted Sacher TO rigid questioning.
and in answer to the objections Of op-
posfng counsel outlined the plan OF the
defense by stating that it would prove
that the reason Mrs. Cotton did not
leave a larger sum to Sacher's child
was because she knew the character
Of sacher and knew what he would do
with any money left to Helen with her
father as guardian
To this end the defense questioned
sacber as to his conduct concerning his
wjfe's will and the handling by him of
the property left thereby. Sacher tes-
tseed that among other things the will
provided that he pay $1,000 every year
n his wife's father. crittenden Thorn
ron. In answering the questions of
slack. Sacher was forced to admit that