The San Francisco call., 1908-09-22
WOMAN'S ESTATE IS
CLAIMED BY BERRY
Miner Says Mrs. Donohue Was
Legal Wife and Will Try to
Secure Insurance
Proves AIibi and Clears Self of
Suspicion in Connection
With Murder

OAKLAND. Sept. 2l.-Claiming that
Mrs. Alice Donohue, so called. who was
murdered in Emeryville June IL, was
his legal wife, Joseph Berry, named as
the slayer of the woman in note left
by Daniel Donohue, her suicide consort,
has come to San Francisco to lay claim
10 her estate.
I was married to Alice Stewart. or
Mrs. Donohue. as she is known, in Jer-
sey City September II, 1894" said
Berry upon his arrival in Oakland from
Harrison gulch, Shasta county, this
afternoon.
"A justice Of the peace performed the
ceremony, and although Mrs. Donohue
tore up the marriage license during a
quarrel with me in San Francisco 1t
viii be a simple matter to secure
copy. When she destroyed the license
she claimed that our marriage was
void. inasmuch as she had been married
previously TO a man named Stone
braker in Pennsylvania However, /
believe that I am her legal husband
and viii lay claim TO her estate, con-
sisting of life insurance in several
lodges. amounting in all to about
5000"
BERRY IN SAN FRANCISCO
Berry has placed his case in the
hands Of Attorney W. Z. Wright of San
Francisco and has taken up his resi-
dence at the Darlington hotel, in Fourth
street. in that city. With the aid of
the time books of the Midas gold min
ing company. where he has been en-
ployed for the last six months, Berry
has proven a complete alibi, clearing
himself Of the charge that he was i'm
plcated in the womans murder made
by Donohue prior TO his suicide.
Berry visited Captain of Detectives
Petersen this afternoon and repeated
the statements he made to Justice Of
the Peace Hamman of Harrison gulch
concerning his recent relations with
Mrs. Donohue. He declared that he had
not seen or heard of her for seven
years, and Captain Petersen assured
him that the police would make no at
tempt to hold him.
"DOnohue accused me of numbering
the woman in order to shift the blame
from his own shoulders" declared Ber-
ry My belief is that Donohue him
self is the only person who knew who
killed the woman.
After my marriage to Alice Stewart
we went 10 France and Travelled on the
continent for 10 months. Then. on our
return trip to San Francisco, we
stopped over for few days in New
York.
EXPECTED HARM TO WOMAN
~Dohohue knew all about my former
took up with her. Soon after she left
me l accused him of breaking up our
home. AS ] stated before. l always ex-
pected that she would meet with some
harm as a result Of the deceits she
practiced.
I shall remain in San Francisco and
Oakland for two weeks or a month, If
necessary, until / establish my claims
10 her estate"
The affairs Of the murdered woman
are in an extremely tangled condition.
Her estate consists solely Of her life
insurance, which was drawn in favor
Of Daniel II. Donohue, who bears the
relationship of husband to me-"
Last week the woman's body was
buried beside that of her consort in
Mountain View cemetery, but the fu-
neral expenses have not yet been paid
and a claim will be presented against
the heir who is appointed to receive her
money. Donohue was buried at the ex-
pense of the Elks and the carmen's
union, in both of which organizations
he held membership.