The San Francisco call., 1908-07-14

gay. :.
Besides the absurdity of the charges
made in the proceeding brought by
agents of the higher ups TO disbar
Superior Judge Frank II. Dunno, there
is a choice bit OF irony connected with
the suit. Ii is found in the participa-
tion I'm the affair Of z. Z. COthran, a
san Jose lawyer who appears as coun-
sci for Charles J. Pence, the nominal
sccuser of Judge Dunno.
COthran figures in the Dunno pro-
-eediug as a righteous protector Of the
morals of the legal profession, willing
10 brave anything in order to purify
lhe local bench. Yet Cothran himself
has allowed TO go unchallenged accu-
satiOns openly made against him OF
crO0kedness. double dealing and at
tempted eXtortion, and has remained
silelt-iu the face Of charges sufficiently
grave TO warrant action for his own
disharment
It was in connection with the va
ri0us contests of the viii of the late
! Alexander Yoell Of san Jose that
C0thran achieved the principal part of
Ills reputation. In substance, the
charges made against him by the at
torneys Of the Yoell heirs, which he
has never publicly denied, are that he
deliberately turned traitor to the man
who had been his friend and client in
lifetime, offered himself for sale to the
highest bidder, and that when his serv-
fees were refused by the Yoen heirs
he brought a contest of Yoelrs will or
the very ground which he had pre-
viously declared to be absurd and non
sensical-
ASKS COIN FOR TESTIMONY
All these charges have been brought
Ill . Il
YOell viii contest During the lasr
trial the attorneys for the proponent:
openly taunted him with charges Of
crookedness and dared him to take the
witness stand, which he refused TO do
II was a matter Of testimony that dur
ing the latter years of Yoelps life
while he was perpleXed with family
troubles, COthran constantly took his
side. posed as his friend and heapeC
abuse and vilidcation upon YoelTs
wife In the last Will contest CothraT
appeared as attorney for this same
Mrs. Yoeu and her children in an ef-
fort 10 break the viii drawn by his
former friend and client.
Some interesting letters showing
Cothran's relations to the Yoells wer,
burned in the April fire. There still
remains, however, the deposition o
Dolphin NJ. Delmas concerning Goth
rams demand for $500 for his testi
mOny ia favor Of the Yoell heirs.
Delmas charges in this deposition tina
when this was refused, Cothran low
cred his price TO $1,000, and upon hi
failure TO get this amount fulfilled hi
threat OF going over to the other side
According TO this deposition Cothral
declared in a conversation with Del
mas that to attack the will on tn
ground Of unsoundness of mind wa
absurd, as Yoell was as sound mental,
as any man that ever lived. Yet tn
last contest in which Cothran appeare
as an attorney for the contestants wa
based upon this very ground. togethe
with an allegation Of undue influence.
DELMAS' ACCUSATIONS
Delmas' deposition was introduced il
evidence and remains in the files o
the court, having been substantiated b,
the testimony Of Attorney Henry c
McPike and Attorney A. II. Jarman O
san Jose. Concerning a conversation
with Cothran held in Jarman's offic
at the time the will was first cor
tested and in the presence OF McPflx
and Jarman. Delmas says in the depo
sition:
said to-Mr. cothran: Mr.. Cothran
am desirous of securing your testi
mOny or deposition upon the trial o
the contest of Mr.. Yoelrs will. / under
stand that there is some difficulty II
procuring ii. What is the trouble2"
Mr. Cothran said: "WelI.sI have no
been properly treated in this matter
I said: "In what way2"
He replied: After having been MI
YoeIrs attorney through all hi
troubles, and spending so much tim
in that matter / think that I ought a
least TO have been the attorney on tn
probating Of his estate"
said: Mr. Cothran, Mr. Yoel
needed you to act as a witness 70
him in case his will was contested, a
Il is now, upon the ground Of unsound
ness OF mind and relied upon yol
from the very fact that you had beel
his attorney during all these trouble
as his main witness TO protect hi
end Mr.. Yoeli has executed an instru
meuf releasing you from all the OBJ
legations Of professional secrecy. Yol
know q great deal about Mr.. Yoell
Your correspondence with him show
IL and YOUR testimony or statement o
what YOU knew would OF necessity b.
Of great value TO those who uphol'
the will"
WANTS WoMAN'S PROPERTY
Mr.. Cothran replied: Yes, I am pos
sessed Of a great deal of very valuabl
information: but / am not going Z
give these parties the benefit of IL 70
a mere 81 a day witness fee. I an
open to a retainer in this case from
either side. If your side does not wan
me the other side may. II the viii
is contested upon any other groun'
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