The San Francisco Call. Newspaper, November 22, 1904, Page 3

THE SAN FRANCISCO CALL, TUESDAY, NOVEMBER 22, 1904. ALLEGED SCHEMERS AT BAR OF JUSTICE upon th senti- rding the | They were there > case. | d a half hours twelve men and | e work completed Hall | 3 that as he had expected that it would require at least all day he was not prepared to commence his opening | argument and at his request the case went over until to-morrow. | The jury which will try the case is | as follows: E. A Gri stockman' of | Dufur; John B. Bridges, contractor of | Portland; J. L. Howard, stockman of | Heppner; J. L. Barnhouse, stockman | H. Newell of CINCINNATIL, Weaver to-day began an inquest in the case of C. A. Parker, vice president of the Cincinnati, Hamilton and Dayton and Pere Marquette railroads, who fell dead in his office here en Wednesday 2st. No autopsy was held at the time Nov. 21L.—Coroner of his death, as no request was made, e death certificate gave no cause h, merely saying “inquest pend- . 21.—Suicide, while over the loss of | was the verdict of the ry ay in the case of ng, whose dead body was the girl's apart- dome Hotel. The woman, according may have been agreement en- girl and Charles Cincinnati, a well-known Parker died suddenly | nder circumstances that | that he had taken his | e inquest in the case of | & however, fafled to | confirmation of the al- | | terling was formerly one of ‘ . craphers in Denver and | existing between them | 1se comment. removal to | between any In this young man ntemplated covery and a feeling of father’s entanglement it is believed, of the ly in St. Louis. ! —_——— New California Postmasters. WASHINGTON, XNov. 21.—A new | has been established at Or- | cutt, a Barbara County, George Ferguson postmaster. Ray E. Murphy has been appointed postmaster at Es- | parto; G. E. Barter has been ap- pointed postmaster at M Los Angeles County. 2\ A 5 N N\ N VOR TO PROVE THAT | T LAND WITHOUT COM- | = < = - o | Lake View: A. E. Austin, merchant of | ty; W. H. Dilley, contractor of Benton Woodburn; A ins of Albany; J. C. | County; I. M. Foster, farmer of Clat- Weatherly, farmer of Wallowa Count. sop County, and Richard Waugh, C. H. Duncan, farmer of Baker Coun- | stockman of Umatilla County. | | knew there was no such town in Aus- DIVORCED WIFE ALLEGES FRAUD [Woman in Austria Claims a | Share of the Big Estate Left by - The first move toward getting the estate of Wolf Fleisher for the woman in Krakau, Austria, who claims to be | was made yesterday by Attorney Ar- thur H. Barendt. He filed a suit to set aside the divorce obtained by Fleisher from his second wife in 1876 and for an injunction to prevent the | third widow, Esther Fleisher, from disposing of the $250,000 estate until the rights of the contestant are deter- | mined. The action is entitled Riffke Gluck- lidh Fleischer against Esther Fleisher, as adminpistratrix; Bernard Fleisher, Rese Bush, Miriam Levy and Cecelia Fleisher. Bernard i8 the son of the first wife, divorced, and Mrs. Bush and ! Mrs. \Levy are daughters of a dead child of the first Mrs. Fleisher. In the complaint it is first stated that the deceased was also known as Adolf Fleisch He married the con- testant on Fepruary 12, 1867, and died intestate on April 21 of this year. The | Austrian claimant says that the en- /| tire estate of $250,000 is community property and therefore hers. On December 2, 1875, Fleisher com- menced suit in the Third District | Court for divorce on the ground of desertion, alleging that his wife had left him in 1868. On January 7, 1876, | in support of a petition for publica- | tion of summons he made an affidavit that she was living at “Cricer, empire | of Austria.” On April 24 the case was heard before a referee and three days | later the decree was granted. The only witnesses were Fleisher and May Tully. They testified that Mrs. Fleisher deserted in 1870, a variance | of two years from the statement in the complaint. | In basin— the charge of fraud and perjury it is contended that Fleisher tria as “Cricer,” and that his wife was at Krakau. Still he mailed the sum- | mons to Cticer. It is declared that he designedly arranged for the publi- cation of the summons and sent the | order to prevent it from reaching his | wife. The complaint then avers that Flei- Wolf Fleisher | | the widow of the deceased hatmaker, | iorney E. S. Pillsbury was engaged in | tor. JURY HEARS OPENING STATEMENT OF COUNSEL FOR THE PROPONENTS MRS. PHILLIPS IS NOT SPARED Continued From Page 1, Column 5. ice and by agreement of counsel the trial proceeded with eleven jurors. At- making the opening statement of the proponents till late in the afternoon, | promising to establish facts by evi- | dence it will take several weeks to in- | troduce. Aside from the important testimony of Watson, the day was full of ] interest. Scattered about the crowd- ing audience sat a number of the| | city’s fairest society maids. There ' were two or three matrons about whom the young women clustered. They had all been subpenaed ! to testify concerning the condition | of the mind of Miss Dolbeer, with | whom they were intimate. Many | more are to be summoned to the stand, but the attorneys require the presence of only a few at a time. Among those | in attendance yesterday were Miss| Ruth McNutt, Miss Mary Josselyn, | Miss Virginia Jolliffe, Mrs. A. J. Bran- der, Mrs. Sands W. Forman and Mrs. | Ashton Potter. If the proponents of the will make out their case as Pillsbury says zheyf will, there will be short shrift for the | contest. He explained his side with thoroughness. But he did not forbear to apply the sting of invidious com- ment here and there on the contestant’s | case. He said bluntly that Mrs. Eliz- | abeth C. Phillips, who was not content with her bequest of $10,000 and gave | testimony in behalf of the contestant | by declaring that Miss Dolbeer was | mentally unsound, was undeserving of | the bounty shown her. SCORES MRS. PHILLIPS. The attorney told of the efforts of| Mrs. Phillips to compel Miss Warren, through the executors, to pay her a bonus of $15,000, as was brought out when she was on the stand for the contestant. The aged woman sat In the first row among the spectators and | she started a number of times to rise| from her chair while Pillsbury was tell- | ing his story. Her lips were moving as if the words she would utter were | on her tongue, and a scene was looked But Mrs. Phillips controlled her- | self and the exciting incident that ap- | | ! | alleged notice through the mails in | | | | | sher, in 1870, advised his wife to g0 | to her old home for her health. He | | gave her $300 for the trip and when | | she zot there she had only $50 left. | She made demands for enough to re- | | turn to San Francisco, but he sent| only small sums, not exceeding $100 |in all, and at the end of seven years | ed his correspondence. The wife | states it is he belief that he was| tired of her and took this-means of | getting rid of her. He is characterized | | as having been a licntious and profli- gate man. On September 4 last the news of his death reached Krakau. but the wife did not learn that she i had been divorced until October 5. | In support of the action for an in- junction it is stated that Esther Flei- sher is in po: ion of $60.566 of per- sonal property belonging to the estate, | which is more than enough to pay the debts. She has, it is said, agreed to purchase the claims of Bernard Fleisher and Mrs. Bush and Mrs. | Levy, when she would have the entire estate under hér control, peared momentarily forthcoming did | not materialize. Pillsbury’s opening statement was as foilows: There. is but one issue in this case, the | question of the soundness of mind of Bertha Marion Dolbeer. The' question at issue is whether Bertha Dolbeer at the time she made hHer will had sufficient mental capacity to un- derstand the value of her act, had a. proper smprehension of her. property interests and | whom she favored with her bounty We expect to show_that \Bertha Dolbeer was a youns woman of 27 years, of good educa- tion, of more than ordinary intelligence, kind, 1o ate disposition, of a char- | cspected and admired. Sh had more than usual ability for one of her | vears in managing her property interests. mak- tments and looking after her house- | At the same time she took an v, Riving entertainments . conversing on all sorts to show that her father, John an his career in California as a workman in the woods. That he later engaged | in the lumber business In Humboldt Count forming a partnership with Willlam Carso We will show that Mrs. Dolbeer dfed in 1879, | | when Bertha was 3 years of age. At the time | health and of sound mind. Mrs. Dolbeer re- mained in good health till a few months before her death. Miss Warren was employed as teacher and Zoverness when Bertha was 9 years of age, and afterward became her assi: fon and friend. Their relations g to be of the most close and affectionate character. DEVOTED TO HiS DAUGHTER. The relations between John Doibeer and his daughter were of the most affectionate charac- ter. fort and education of his child. In April, 1902, John Dolbeer was taken for the benefit of his health. They ret durinz the summer and in July went to Del Monte, because John Dolbeer was becoming worse. They came back to San Francisco on August 1 and on August 15 John Dolbeer died. | ¥ We expect to show that after some months Miss Dolbeer recovered from her grief over her father's death and again took up association with her friends. Early in the present year Miss Dolbeer planned the trip to Europe, which was delayed a few weeks because her physiclan insisted that she take the “rest cure in society having taxed her strength. On April 23, 1904, Miss Dolbeer executed her last will Sbe had made a previous will, but she destroyed this one. On April 23 she went t0 the office of Douglas S. Watson and asked him and his brother tb witness her testament, she dating and signing the instrument in their presence. The bequest of $10,000 to Ethel F. Rochs ex- plains Miss Dolbeer's decision to_destroy her first will and make another one. Miss Roche's mother dled after the first instrument was exe- cuted and the young lady was compelled to g0 out to earn her livelihood. Miss Dolbeer's sympathy was aroused for the girl The residue of Miss Dolbeer's estate was be- queathed to-Miss Etta Marion Warren. She provided that In the event of the death of Miss | Warren, who was 38 years of age when the will was made, was then ‘27 years old, Mrs. Douglas Sioane Watson, her cousin, should take the place of residuary legatee. Every person named in the will was a proper beneficiary and naturally to be selected by Mi: Dolbeer for her bounty. All were deserving. with ope exception. The excoption is Elizabeth C. Phillips, to whom was left §10,000. Mrs. Phillips subsequently demanded $25.000 from the exacutors, under threat of testifying in support of a contest of the will. MRS. PHILLIPS AFTER MONEY. ’s money 1 want, and it's money I'm af- was what Mrs. Phillips told the execu- ors. We will show that on April 27, when Miss Dolbeer started for Europe, she was happy and natural, and spoke enthustastically of her trip. On her return Lo New York Miss Dolbeer took apartments with Miss Warren at the Wal- dorf-Astoria. The morning before her death she bought tickets for San Francisco and drew meney from the bank..s She attended to her af- fairs ‘intelligently and sanely. Miss Dolheer met her death by falling from A window of the hotel. No human being can tell the exact circumstances of her death, for no humran eye s Tt is quite as probable accidental or intentios instituted by Adolp Miss Dolbeer's mother. conte Schandor, a br 1n a proceedir was her in the early stages of th test he said under oath that since Miss Dolbeer | was three years of age he had never spoken a word with her. She was pointed out to about three years ago, and after that he her on the street once. We will sho Miss Dolbeer did not know whether Ado! Horatio Schander were In existence. heir-at-law, Mrs. J. Moody, a sister of the Schanders, ‘was in affluent circumstances and there was no occasion for Miss Dolbeer to re- member her. John Dolbeer in his will spoke of Miss War ren as a member of the family and left her a bequest of $25,000. And Miss Dolbeer in her | lifetime had sald that Miss Warren had been a mother, brother and sister to her. They were like sistérs, and the testatrix said she would make provision for Miss Warren, what happened. No person could have been a more praper selection for the bounty of Miss olbeer. TELLS OF EXECUTION OF WILL. Douglas Sloane Watson was the first witness for the proponents. As one of compan- | The father devoted his life to the com- her activities | before that of the testatrix. who | identified the instrument shown him and the jurors were allowed to scrutin- ize photographic copies The wit- ness related incider it of the testatrix to his office 23, 1904, | to have him attest her signatu His | brother, Arthur S. Watson, was in the office and when his name was suggest- ed for the other wi e acquiesced at once. Watson | he fact that wit- nasmuch as it was t she said she preferred cerning the tes lowed her fat | Bad not con | A week or two later the witness met | Miss Dolbeer at a social gathering. At | no time did her manner seem strangs 'frl‘ unusual. “Miss Dolbeer was just | herseif,” was Watson's answer. | “Was she rational or irrational when she executed her will?” “She was perfectly rational; her mind was perfectly sound.” Then came the determined effort of Hiram Johnson to break down the tes- timony of Watson. It was a brilllant effort, but did not avail with much ad- vantage. Watson admitted frankly that he did not read the will before he witnessed it and that he thought his wife had been named as a beneficiary. He understood she was so favored in Miss Dolbeer’s first will. He also ad- mitted that he urged Ray Sherman and Fred Moody, who are now not in sym- pathy with Miss Warren, that the fam- ily should stand together and uphold the will. But he could not be shaken | as to the material points of his testi- mony. While her husband was on the stand Mrs. Watson left the courtroom, becom- | ing nervous over the hot fire of con- | tiestnn!'s counsel In the cross-examina- tion. The cross-examination will be re- sumed this morning. On application of the attorneys for the proponents of the Dolbeer will, Judge Coffey yesterday ordered a com- mission issued to David ., Sullivan of Chicago to take the depositions of Mrs. Lena E. Thompson, also of Gale, Per- | cival and James Thompson, whose evi- | dence is said to be necessary to the case. —_——— | FELL AND BROKE HIS RIBS, BUT CONTINUED TO SLEEP Aged Man Then Walked Quarter of a Mile, When Policeman Awakened Him. BROOKLYN, Nov. 21.—To fall fif- teen feet from a window to the ground in his sleep, to break three ribs and | his right arm and receive a serious | cut over the eye, and then, still asleep, to get on his feet and walk a quarter of a mile before being discovered and awakened by a policeman, was the ex- perience of Charles McCau 65 years old, early to-day. The somnambu was found wandering on a da it | street. His face and body were cover- {ed with bloed, but the officer had to | shake him violently to awaken him. | He was taken to the hospital in a seri- The other ! | of the birth of Bertha the mother was in good ; the witnesses to the contested will he | ous condition. ADVERTISEMENTS. S g e =" JNETCHED FRGM LPE Tuxedo and Full Dress Suits If the dinner is held after sundown a Tuxedo or full dress is the proper garment. We have these dress clothes ready to wear at various prices, but whatever price you pay you may know you are getting full value for your money. Tuxedos from $135 to $35. 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