The morning call., 1891-10-24
THE SEARLES CASE.
The Contest for Millions Draw
Ing to a Close.
The Contestants Rest Their Case for TimO-
Thy Hopkins.
SearIeS on the Stand fer Five Days Under
the Most Searching Examination
Into All His Affairs.
Epecial TO THE MORNING CALI

SALEM (Mass.), Oct. 23.-At the opening
of the Searles will case this morning Lin
coin recalled Searles. The witness testi-
fed that at Mrs. Hopkins request he first
called in Mr.. Stiilman to look up securities
in October, 1887. Witness testified to visit
of Stillman to Methuen before the last will
was made. Mrs. Searles stated that she
wished to leave all her property to witness.
and would provide for Timothy in her
lifetime. In case anything happened to
her size was willing to leave matters in wit
ness hands. She knew witness would be
more generous to Timothy than she would.
Witness testified that during Mrs. Searles'
last sickness he visited New York and
while in conversation with Stillman re-
ferred to her condition, aud said If her con-
dition was critical it would be well 10 trans
fe T the Southern Pacific and Improvement
bonds and stocks to the copartnership, so
in case of Mrs. Searles' death 1t should not
lose its voting power. Stillman said he
would attend to it.
Witness denied most emphatically that
he ever at any time attempted by himself,
or through others, to in any way influence
his wife in the disposal of her property.
He never noticed anything to show that she
was in any other than strong mental con-
di ton.
Burlev, on cross examination, asked wit
ness If he intended to say he never had
private conversation in regard to the dis
posal of her properties. Witness replied.
None" Searles stated in June, 1887, he
had property of his own amounting to
brought out nothing new. Witness knew
of no memoranda additional to the will
being left AT least he had not discovered
any.
This concluded Searles' testimony, he
having been on the stand for five days and
over, under the most searching examination
into all his affairs.
Burley then called for the check books
showing checks to Stillman or Hubbard.
This request the Court was not disposed to
grant Counsel for the will then rendered
original copies Uf the letters which had
been read for comparison, and contestants
rested their case for Timothy Hopkins.
Judge Barmon asked If any one else wished
to be heard in opposition to the instrument
and there was no response.
Lincoln then called General Hubbard of
New York, who testified he had known
ScdI les lOl eUlut Gilit ptiOl W 1907. DuL Idu
personally done no business for him. BE
first met Mrs. Searles in the spring of 1888,
but had heard something of her matters in
conversation with Stillman.
General Hubbard gAve, in general way,
Mrs. Searles' property as consisting of
some sixty different kinds of stocks and
bonds. The property is such that any one
who attempts to attend to either one of the
properties requires all of his time. Witness
had large and prosperous practice, and
when Stillman came 10 him and he said
Searles wanted him to take the manage
ment of the property, and If he " ould to 90
in with him, he told hin. that it was seri-
Gus matter, as it would, In short time Mt
least, involve the abandonment of the prac-
tice OF law. Finally he consented to take it
up with him. A cOplrtnerShip was sug-
geSted by Stilman, who had found that, as
attorneys, they had met with rebuffs in get
ting Information necessary to cope with
questions before them; but as principals
as well as attorneys, they could insist on
their rights to 1t. Witness knew that per
cent of the income of the property would be
much less than his professional income.
and, finally, after much discussion, the CO.
partnership as drawn was made as a most
Just ana reasonable arrangement.
At the afternoon session GeneralHubbard
testified that the management Of the estate
had taken nearly all his time for the last
year and half, and fully as much of Still
mans time Saw Mrs. Searles about June
8, 1883, and she wanted sOme one to manage
her business who was near at band. In the
latter part of May, 1890, witness went to
Mrs. Searles and remarked that she ap-
peared to be drawing but little, while Sear!es
was drawing quite literally. She asked If
that was not right. Witness said yes, if she
wished it so. She said Searles paid all her
bills and she wanted him to. She did not
want to keep bank account or have any,
thing to do with matters Of business.
Were any changes made in the record
title Of copartnership just before Mrs.
Searles' deathP" was asked witness.
Yes, in Southern Pacific and Pacific In
provement Company. both had been trans
ferred 10 the partnership. but had remained
on record as in the name of Mrs. Searles.
They were then transferred on the books of
the company" Witness had no personal
knowledge of wills, and had never attempted
in any manner to influence Mrs. Searles in
regard to making her wik Mrs. Searles al
ways impressed him as woman of alert
mind, and spoke Of her as a woman of quite
de ided opinions when she spoke on mat
ters Of business. Witness never advised
keeping matters secret from Timothy Hop
kins.