The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1889-11-09

when did you go over?"
u started In June and arrived at
my fathers home in July. wrote to
Simeon Mohr, and he came to see me.
| said / would tell them all | knew
about the matter and | did, telling
them OF their aunt's death and all l
knew about the value of the property"
Where did you see them?"
" | saw them all at Dunkenhelm."
"When?"
son the l4th or 18th of July"
did you not see Simeon. Franz,
Peter and Gertrude Mohr, Catharine
Marie Rlnneberger, and Father Mich
(olas Wilhelminie?"
II remember all excepting Gertrude.
There was girl there, but don't re-
member her name"
What did you tell them?"
| II told them l had come to make q
settlement with them, and asked
them how much they would take"
"Well?"
"They said they did not know how
much, because they did not know how
much the estate was worth"
Did you tell them how much rail-
road stock there WASP"
mo. l didn't think it was any of
my business. | want you to under
stand that l neither said there was
little or much railroad stock. l just
said railroad stock"
"Well?"
81 told them | was going away in
two or three days. They consulted
together, and on the morning of the
second day they again said they didn't
know what they wanted. l then told
| fhnn that thaV rnpSf nnakn fhair
minds before five o'clock next morn
ing. They came again and asked me
to name price. | said l would give
81, 800 and they could take it or leave
'You did, eh?"
"Hum--yes. They said, all right,
we will take your word for it,"
"You thought $500 enough, did
you, when you could have given
81, COO?"
That wasn't my business, if they
couldn't make bargain, it wasn't my
fault"
| You didn't tell them that you was
authorized to offer them as high as
So, 000?"
| on, mop (said in weary way.)
| did you make any other offer?"
| mo, that was final"
| when did you Settle?"
I'm August. Perhaps the tenth or
twelfth. got the papers from Funk
and wrote them a letter. l then went
down to Dunkenheim and they went
with me to Cologne, Germany, where
we made the settlement before the
United States Consul. They had tel
graphed to Chicago to know about the
case, tried to put me off until they got
an answer, but / told them | would
settle then or never, and they settled
l think they had legal advice"
Tell the Court just what you said"
| Il said, Here is the money and
there are the papers. You can take
the money or | will take it back"
"Were the papers signed by them
printed or in typewriting?"
SIN typewriting."
| 'DOes Fl. N. RyOn have typewriter
in his Office at StreatOr."
81 don't know. | was only there
once and don't want to 60 again"
"Were these all of the heirs?"
John Funk says so, and John would
not lie to me or anybody else"
'How much did John pay you?"
"He paid my fare and sixty dollars
per month for my time"
paid you fare?"
Eyes. Do you think l was going to
walk?"
John Funk, represented by his at
tOrneys, adopted the same tactics Tues
day which distinguished his action
in the previous hearing, denying the
jurisdiction of the court and refusing
to question the action Of the plaintiff
excepting. to interpose general
objection.
| The case was called at ten o'clock in
the morning, but owing to the absence
of Geo. w. Armstrong, administrator
of the estate, the hearing was further
postponed until two o'clock in the
afternoon. The defense, however,
filed a supplementary affidavit, setting
up reasons why Judge Evans should
not have jurisdiction of the case. The
affidavit alleges, in substance, as fol-
lows:
That after the death of Elizabeth B.
f. Reddick, Judge Evans called on
Funk and stated to him that Eliza
beth was indebted to said Evans $500
for attorneys fees that Funk, know.
ing nothing of the matter, proposed
that it should be submitted to the
administrator, but Evans declined
w w 81, dli ulScu ulih w poy ~,
finally agreeing to take in satisfaction
of said claim Il certain one OF tho
three large mirrors formerly in the
residence of VIM. Reddick, that said
mirror was taken by said Evans, and
is now in the hall of Judge Evans
residence, said Evans, at the time of
taking said mirror, giving said Funk
a receipt for 800 in full OF all de-
mands of any kind against said estate
of f. b. Reddick; concluding that 40
advised by counsel, if the petitioners
are entitled to a share of the personal
estate of said E. b. Reddick, the Hon.
Daniel Evans and himself will have
to account to the proper tribunal for
the said mirror, and that said Evans
is necessarily interested in the ques-
tiOns that may arise as to the value OF
} said mirror and the correctness OF his
claim for attorneys fees.
At two o'clock Major Widmer began
the introduction of testimony for the
plaintiffs. Funk was shown to have
sworn upon several occasions that he
was the only heir at law of Elizabeth