Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-09-23
Testimony OF Vim. W. Dodge, who
Drew mp the VIII Of the
Deceased.
WHAT MR.. srARtrs MAS TO
SAY.
The Proposition Of Marriage Came from
Mrs. Hopkins. and lie Consid-
cred II for Years.
Detail. OF It Related In ,be Court by
the Here.

Details OF n Related In ,he Court by
tho Here.
SALEM, Mass, Sept. 22.-The hear.
Ing Ia the Searles VIII case opened Ia
the Probate court this morning. WIN.
W. Dodge testified 10 drawing up the
will Of Mrs. Searles. II was read to
her and che signed II, after declaring
II expressed her wishes. She was 10
all appearances Of sound mind. Wit
ness mentioned drawing another VIII
aud tho court, on motion, ordered II
produced. Incidental 10 the request,
|, was stated that Timothy Hopkins
would not be conceded the right to mp.
Iear as this adopted son.
Burlelgh proceeded 10 cross.cxamins
the witness, his main points being
the fact that the name "Timothy Hop
knsD was wilton In an apparent dit.
frfcnt ink In u blank space left for n
name. Dodge stated that his impress
sion was that he left the space until he
got 10 Methuen, ~ ho was not sute
whether there was middle Initial.
lie had been instructed 10 draw
tho will leaving all the property n Mr..
Searlcs, and his duty NJ n lawyer re.
quiTed him to Insert section regard.
ing tho omission Of the name Of
Timothy Hopkins. Hu called tho
special attention ~ Mrs. SeaTle. a.
this, and told her he could modify II N
she desired, but she stated that II ox-
pfeascd her wishes, aud was executed.
WIN. NJ. Thornton, another witness 10
the VIII, cOrroborAted the last witness.
The cross.rxAmlnation showed that tho
witness could not read "a single wori.
William y. Norris, third witness 10
thu will, corroboratod the previous
witnesses rs 10 the execution OF the
two wills. lie also witnessed will
ii0f Mr.. Scarlcs since the death Of Mrs.
h,arles.
Mr.. Burleigh asked the executors 10
produce tho viii Of Mary l.. =. searleg,
dated November, 1857. Judge UArmon
ruled that the executors should pro.
duce the Will. Mr.. Burloigh stated
that tho case was: First, that there
was not sufficient attosiation OF tho
win; second that the will was procured
by undue Influence and fraud on tho
part Of Edward w. Scatles and some
confoicrater; aud third, that tho tesla.
trix was not Of sound and disposing
mind at tho timo the will was made.
Mfr. Bnrlelgh then called Edward n.
Searles 10 the witness stand.
In the afternoon scsslon the examin.
alton Of Seatlos was continued.
He firat met Mrs. Hopkins In San
Fmnclsco Ia March, lss8, going TO her
house with n letter Of Introduction 10
look over her house. He met her
several times, going on excursions into
the country, twice with her son and
AUN la
his acquaintance AMI visits 10 Mrs.
Hopkins.
The first proposition Of marriage
between the two came from Mrs. Hop
kins In New York In the fall Of 1883.
lie did not assent 10 II for n year, but
IN December, 1854, ho entertained the
proposition. lie knew at the time that
Mn. Hopkins was born In 1920, and
was twonty-one years his senior. lie
had never previously proposed mar
riage TO anyone. Could not well 'help
knowing that Mrs. Hopkins was n
lady nt large means. He delayed the
proposition VI marriage 10 give her n
chance 10 berure she was satisfied, and,
after he entertained II, delayed tho
marriage for three years. In the spring
Of 1856 he went to Florida M the guest
o. Mrs. Hopkins, In her private ear.
She was accompanied by Miss CAss,
uf harrington. The witntsl from
1855 10 1857, was experimenting
the building OF Mrs. HOpklnsJ
house nj Great harrington. lie
had understood that her sou, Timothy,
In connection with the railroad people,
managed her affairs. He had been told
by Mrs. Hopkins that Timothy had
objected 10 the marriage, but cherished
no lli.wlll toward him for IL. Tho
agreement OF marriage was entered
Into In September, 1857, on witness
part beoause he greatly admired her.
In reply 10 n question, lie said he
married her for all that she had, both
love and money but should never
have married her for money alone.
lie did not know OF the will made on
Tue LAY Of the marriage, November s,
1881, until after her death, but did not
mink that II was Intentionally made
hehlnd his back. A marriage contract,
made Mt the same time, was also but
~ conveying by Mrs. Hopkins 10 II.
" Slillmuu, trustee, for the benefit OF
Edward Searlcs, alter the marriage, the
mansion In San Franclsco; improved
and unimproved land In Sacramento,
mountain lands In summit and Soda
Springs, CAL; redwood and timber
lands on the Coast range; two parcels
OF quarry land; tho Great harrington
Property, and four lots on Ninth street,
New York. This contract wns cancelled
juno 10, 1858.
The hearing adjourned till tomorrow.