The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-06-24

for Hoppe, the bricks were thin and he told
Hoppe the boys would kick them out in a
minute, he ought to get new brick; Hoppe
said dam it. he couldn't afford to get them,
his son Joe had lawsuit about some phos-
pilates and spent it faster than he could get 1t;
he believed he'd cut him off and give it to
Mrs Byers.
Cross-examined-thi was sometime in the
summer: couldn:ttell exactly the time; thought
it was not in November; his attention had
been called to the subject since he was here;
; when he came didn't know what he sum-
moned for, not exactly; while he was talking
to Hoppe some gentlemen came along and
Hoppe went with them to the hotel and took
n glass of beer; they didn't ask him to take a
glass of beer; Hoppe came back and told HIM
to finish the pavement, he would put no bet
ter brick in; he had been approached here
about his testimony but not at home; didn't
recollect he told it; it had been talked over
by different parties but there was nothing GER
taip about it; he came here last week:
e-examined-he had been approached here
by Mr.. Ed. Hoppe who asked him what he
had come for; he replied he couldn't tell eX-
actly: them who summoned him and he made
the same reply; couldn't say any one else;
thought Lewis c. Myerly had asked him what
brought him here or something to that amount;
he said ''you here to. and witness said yes
sir;'' didn't recolleet whether Myerly said
ANYTHING more; Diffenbaugh did not approach
him.
Jesse Legore-lived now in Adams county,
Pa; lived in Carroll county until years ago;
knew Hoppe 10 or 20 years; was a magistrate
from 1876 to 1880; saw Hoppe write frequent
"; had seen his docket; had some papers he
wrote in his possession; supposed he would
know his handwriting when he saw IT; Hooks
at the will to the besI of his judgment il was;
the signature also; had seen it before at the
Carroll county court house; couldn't tell who
went with him; Judge Smith, he thought, for
one; never told him or Col. Maulsby what his
1 opinion was.
Cross-examined-lived about three-quart-
ers of mile from Byers aud saw him about
once or twice a week; eouldn / say he asked
witness to 90 down and look at the paper;
had asked him to attend court and if he would
know Hoppeis handwriting; he had merely
glanced over the paper and didn't ask them
I to turn il over; the turn over looked like
the same handwriting as this THE will; II was
the same handwriting all through to his judg-
ment: this here tthe Will; the other seemed
to be pretty much the same form only crowd
ed little; was a blacksmith.
Joseph Byers, a brother of the eaveatee-
resided in the northern part of Frederick
County; was born and raised near Nestmin-
ster; Hoppe had done a great deal of writing
for him IN 1866 OF 1867; wrote some Is or %
deeds and took acknowledgements OF themi
also surveyed some 20 or 30 acres OF land
for him for which he was Executor, and laid II
of into lots; il was his father-in-law's estate;
was acquainted with Hoppe handwriting, Us
shown the will; to the best of his knowledge
that was Hopes handwriting and the sigma
ture was Hopes.
No cross examination.
Mrs. Emily Haaord-had resided in Lit
tlest0xn about p years; her husband Is name
was William; John was nickname he went
bypretty much; had known Mrs. Byers 80 some
years.
Col. Maalsby-Did yoa at any time and
when have a consultation with Mrs. Byers
about the letter she had received from Jno.
Henry Hoppe This question was objected
TO and the Court sustained the objection under
the provisiou OF the act Of 1876, ch. 222-
Col. Mau.sby-wcre you present AZ the sale
III JnS. q. nyers' effects and did you SEE then
Mr.. Jno. +. Diaenbangh aud did OF did not
be draw pistol from bis pocket This too
was objected 80 and the objection sustained
by the Coart
Mrs Sasan Nilsson was then Eecslled-said
she had looked for the letter written By Hoppe
10 Mrs. Bycrs when she was Is, and eauldn' ~
hud IL, whea Mrs Byers came hack TO
Hopes witaes saw Il, as she was there then;
Mrs Byers' mother had sept her woEd she
was very III and she went home: was gone
maybe : or 6 weeks Hoppe weHt TO see her
and Mrs Geaffy wOaida't allow hun To see
her.
obection WAS made and sustained to further
examination on this point
Wisacss-then Hoppe wrote 70 her II she
wOald come back and DO ~ she did before, be
wosld Do BY her as II she vas his Own child
Mr. Byers last fall came to her house Al
UniOn Bridge.
oheesica was made To what took place and
sustained By the Coar,
Ntness-had heard Hoppe say she Was
very good gisl Aad be souldat forget her.
Ne cruss-e Examination.
Coanssl Cor the eAveatees here announced
their case a. closed, except A. "a one witness,
whom they expected 10 come IN the train from
Westminster.
George fruyuaan was called By the 9ayeMtors
lived urxt aeighbor 10 . A. ]. Eazion: bad
conversation With him IN reference TO testify
ing 10 this case.
Objection vas uaaAe on the groand that
sufficient foundation had not been laid toeon-
traaiet Easson, bat i uas oyeEruled.
Witness Easson came 10 his house last tall
and told him about the case; said he had gone
10 Westminster and seen Jadge Smith and
told him that II be would give him $40 be
would give him tbs JHdgel the names Of two
witnesses, Snaith sid
Herr the objection uas reserved aud the
argument vas postponed to allow Of the exam
nation Of Mrs Margaret T.. tsrumhine, who
had arrived, by the eaveatces-
She testihed-iived in Westminster and was
: the wife Of ". ii. Grumbine; bad almost 100
receipts she had seen Hoppe write; also deed
be Wrose bat she dldn't sec him wrtei the
receipts were for rent. paid every quarter
witness paid il for her husband; thought she
was fally acquainted with the handwriting Of
Hoppe; lshown the VIII; thought Is was Juo-
Heafy Hopes Handwriting; thought that was
! his signature; didn't sre him write 4, bat
Otherxise Was positive il was his never seen
the paper until she came here.
ss-examined- lived in Westminster
: n OF Is years, pFioF 20 that in LitflestOwn;
never knew Mrs. Byers until she met her al
Hoppe ;, had knoWa Byers only when she saw
aim; thozghs this the letter. vas Hoppe
writing; Turn over appeared 10 her might
b. slightly different from the letter; this was
50 As TO the difference in the tao letters; tex
amines themlbat he varied 50 much Ia her re
! eeipss, sometimes writing larger and some
times smaller: she bad looked over a few
last Sunday; had read the testimony as to the
difference in the letters; Byers had come to
their house and Ia avoid Mr.. Grumbine
having ~ 90 to Court. she had said she would
give him the receipts, II they would be Of any
! use; in looking over them she found she had
!. paid the money; that was why she was sum
mOned; the differences Ia the letters were just
the difference she saw in so many of her re-
eeipts; he makes y 5 sometimes and draws
them down very short and at other times draws
them down and then up; lshoWs her deed and
receipts 10 the counsel J; had noticed difference
also in his Us, z and Is; knew be didn't
write them alike; some were written with
very bad pen and written badly; there were
no final RS in her receipts; she didn't Ind
difference in them IN the letters; Byers had
called at her house twice; Mr.. Grumbine had
sent for him seysral times, trying to avoid at
tending court on account Of his health.
Absalom H. Bowersox-Jno G. Byers had
! raised him; he was - years old on the 10th OF
April: when he left Byers, about year and
! two months ago on the 9th of January last he
went 10 his father-in law $, about mile away;
in the spring he went to farming; had been ON
q farm sinee then; supposed he could read
writing shown the will; could write Just so
middling; didn't write that; didn't see any.
body write il; knows nothing about II.
The counsel for the cayeatees here an
nouueed their case closed.
The point reserved as to the testimony of
Mr. Freyman was then argued and the objec-
!. ton overruled by the Court.
He was recalled and testihed-he couldn't