The San Francisco call., 1909-10-09
FEDERAL GRAND
JURY CALLS FOR
ESTATE RECORDS
Element of Mystery in the lnyes-
tigation Regarding Property
Left by WhitmOre
Certain Acts of Attorney Darwin
de Cola Are Now Under Of
ficiaI Scrutiny
Allegations That Lawyer for the
Absent Heirs May Have
Misused Mails

a \ element of mystery surrounds
N the action of the federal grand
- jury in beginning an investiga-
tion yesterday of papers and records
relating TO the estate Of William D.
Whitmore. who died in Oakland in
1905, and this mystery is heightened
by the fact that certain acts of Attor-
ney Darwin de Cola. formerly of Oak
land but now of this city. are known
10 be under official scrutiny.
De Cola figured in the settlement
OF the Whitmore estate as attorney for
certain absent heirs and. according to
the belief OF those most familiar with
the case. Is implicated in the present
inquiry on suspicious growing out Of
allegations that he made an improper
use Of the mails in securing the con-
sent OF his clients TO the payment Of
= fec largely in excess of contingent
Zee upon which he undertook to bring
sbout a settlement
Records Are Called For
The interest Of the federal grand
jury in the Whitmore case became
known yesterday when Chief Deputy
County Clerk Andrew Johnstone of
Alameda county removed the records
Of the estate from the official files un-
der an order from the grand jury that
he bring them before the body for in
spection- Johnstone explained to his
superior, County Clerk Cook, that the
settlement OF the estate had been
made by De Cola in behalf of the
absent heirs and that De GoIia's activ-
ity in the matter was supposed TO be
ne subject or the inquisition now in
progress.
The Whitmore estate was valued at
1000 and special letters of admins
tration were issued TO George Gray.
The latter closed the estate in 1908,
after De Cola had appeared as attor-
ney for the absent heirs. and secured
= considerable slice of the apportion-
ment. De Golis's alleged action was
said by Cook TO have occurred after
the formal order OF court closing the
account had been signed, and his own
fee fixed on the original scale of agree
nent with his clients.
The Absent Heirs
The heirs for whom De Cola ap-
peared were Otis Whitmore and An
gle NJ Tucker Of Boston De Cola
said last night that he knew nothing
of the nature OF the investigation now
in progress or what representations
concerning him had been made He
declared that he had taken up the
search for the absent heirs after the
death OF William d. Whitmore and had
located them and become their attor-
ney, after making two trips to Boston.
According to a contract with Otis
Whitmore he was 10 receive so per cent
Of any amount secured for the absent
heirs. This arrangement, he said, was
made partially through correspondence.
He secured an apportionment of $4,000
in favor OF the absent heirs and went
10 Boston and received his share Of
$4,000
De Cola asserted that he never re-
ceived nor asked more than the amount
called for in his contract with the
heirs, and that his settlement was car
ried out in every respect as determined
Rpon under the contingent fee arrange
nient. He said that he did not believe
Otis WhitmOre had any hand in the
present proceedings. but suspected that
charges might have been made against
him by Angie NJ Tucker. 10 whom the
court allowed nothing.