Los Angeles daily herald., 1889-06-26
THE BANTA WILL.
Mrs. Pierce, DauR hter of Deceased,
Tells Family Tales.

terday the testimony has run IN rathe
pellucid stream to the effect that Bant
was an unusually shrewd business man
possessed of very little mental aberra
ton when it comes to matters of busi
ness. Yesterday, however, a break wa
made in the record by tie appear
ance of a young man named Fjank
Wilson, who swears that, in his opinion
Banta was "clesn off,"
This witness stated that in April, 1887
he went with Banta and others to Banta'l
mines. While crossing the Mojave deser
Banta left the train and went off into the
mountains by himself. They went after
him, and when found he claimed that be
had struck big lead of paying quartz.
They brought him back, and soon after
arrived at the mines, where they remained
for two weeks. On their return, during
the night, Banta jumped out from the
rear end of the wagon and proceeded
down across the plains. Chase was
given, and when captured he had bottle
OF laudanum and some whisky. He was
shouting wildly and crying. He was
brought back and tied to bale of hay,
but succeeded in getting away twice more.
Wilson stated that by accident he
came into court, and, learning what was
going on, told Mrs. Banta that if heI
trouble related to that trip he was willing
to state what he knew.
MRS. PIERCE's STORY.
Mrs. Pierce, the daughter of the de-
ceased, was on the stand good part o.
the day. Her testimony has been looked
for with some interest, as it is in hel
favor the will is made. On direct ex
animation, under the questioning of her
own lawyers, the story told by her did
not cast much additional light on the
case. 1t was when placed under the fire
of cross-examination that the most in
teresting portion of her testimony was
brought out. Mrs. Pierce proved to be
an excellent witness, cool, self possessed
clear, positive and consistent in her
story. She developed bad state OF
feeling in the family, and, among other
things, told of a quarrel between her
father and mother during which the old
man seized a piece of wood and struck
the weaker vessel blow on the arm.
The counsel for the plaintiff here took up
the habits of Bsnta and tried to show by
his daughter that he was in the habit OF
taking good deal OF laudanum.
eyes," said Mrs. Pierce, my father,
at one time, took laudanum. The doc
tors ordered it for him. He had it in a
small bottle and carried it with him.
"No, sir. He never put the bottle to
his lips to take it. He always dropped
it in spoon.
mo; he never took it out of the
bottle.
81 took care OF my father when he was
sick. He took laudanum during that
time. When he got we'll he stopped
taking it, and never took it again.
mo, he did not take it very frequent
ly, even as a medicine. He stopped
taking it thirteen years ago.
''He told me of the trouble he had
with my mother. 1t was one day as he
came to Los Angeles. He told me
about the will he had made. He was
then at the Lake Vineyard House.
81 did not go to see my father, because
L did not want to interfere.
"My husband and father met on the
street and spoke tdeach other.
no. My husband and father were
not on terms of great intimacy.
"No. l know Of no really i'll feeling
existing between my father and my hus-
band, only what was caused by my
mother. | do lot know that there was
any really ill feeling between them.
"My father told my husband that my
mother had told him that my husband
had stolen some tools.
at was a hammer and square, ant
some other thing.
mo; it was not plow and cult
vator.
''They were afterwards found behinC
dresser belonging to my mother.
81 was the cause of our leaving th'
Lake Vineyard House. My baby wa
three or four months old. l turned
dog off the sofa to lay my baby there
My mother struck me in the face, an
said that the deg had better right ther
than the child. That is why we left.
''Ye7. My mother gave me none,
sometimes.
eyes. She may have given me 81
now and then.
"No; it was not often that she CAV
me money.
81 did not speak of this when givin
my testimony today, because | considers
that l had done work for all | got.
Eyes. My mother sent us provision
now and then their leavings, col
potatoes and such things. We did nc
use them. They were given to th
chickens. l did not need to take others
leavings.
Eyes; told my mother. did nc
care for these things.
"My mother did not give me money t
bring me out to California. 1t wa
money Mr.. Pierce got from his father
estate. He got nine or ten hundred do
lars.
"No. We did not write to father
send us money to buy land. We wrot
to him about the way land was selling
and what we thought Of the prospects
We wanted him to come out.
"He gave US 81 900 to buy piece {
land with, and We gave him a mortgag
back on the land. He bought eight
acres in the Grogan tract and gave u
that.
my father told me he had made
will to please my mother. She ha
deviled him for year. She wanted m
disinherited.
''No; my father never made a will i
Ohio.
eyes; am sure of it. He never mad
any will in Ohio. He did not discuss tn
will at all in Ohio.
mo. He never talked OF changin
that will excepting once, when Matti
had been bothering him about something
Then he said if it had to be all done owe
again, he would leave Matte only 81, SOC
and not SIS 900, as he had left her.
"My fathers papers were in the pof
sion of my husband for come time-afte
the middle OF November.
s.T was in the cottage where nv fathe