The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-09-25
MRS. SEARLES MILLIONS.
40 sFARLBs TELLS HOW HE BE-
c,ME CONNECTED WITH TEEN.

GEARlJGo NJ w LIE DE-
CAME CONNECTED WITH TEEN.
Ha SAYS That She Asked Ein in 1888
- Marry Fer, But He Considered
zer Proposal a Year Before Enter
Gaining H-ODening Of Timothy Hop
kins' Contest.
From the New York Sun.
SALEM. Sept. 22.-If the spirit of Mrs
vork Hopkins-Searles was present in the
nrobate court room here to-day there must
have been commotion within her spiritual
breast when she heard Edward F.
soarIes testify that she made the first pro-
Dosal of marriage The statement created
sensation in thu court room, and there
wasa general craning of necks as the spec
+stors sought better view of the man who
so fascinated the millionaire W idow of Ga
rosrs. There was another sensation when
Mr. searles testified that he had declined
the proffered honor only to plead for it him
sta year later.
These were the most interesting features
otthe opening day of the great legal strug-
yleover the will. The contest involves the
ownership Of about $50, 900, 600, and Incl
deutally the control of the Southern Pacific
railroad, in which the testatrIx was inter-
ested with c. 2. Huntington. The contest
ant is Timothy Hopkins. the adopted son Of
Mark Hopkins, husband of the testatrix be-
fore she married Mr.. Searles. There are
also several nieces, one wife of Mr. Hop
kips. who have been disinheTited by the
will.
There were many tits over legal points.
That was expected in view of the brilliant
array of counsel For the executors, of
whom Mr.. Searles is one, there have been
retained Col. Solomon Lincoln, Jr., Fred
erick Dodge, Thomas E. Skillman, Thomas
E. Hubbard, William Allen Butler and
Welhemus Minders. Opposed to them, and
fighting for the probating of an older will
set up by Timothy Hopkins, are the Hon.
Joseph H. Choate, Judge William f. Endi,
colt, the Hon. Elbridge T. Burley, Russell
Wilson. Judge John II. Boult and Frank L.
Rodgers. Ten other heirs are represented
by F. s. Barnham, E. f. Preston and II. L
Harding.
The contestants called for previous will
made by Mrs. Searles in 1887, aud after a
sharp tilt between the lawyers the court
ordered it to be produced. 1t was dated at
Albany, and gave Mrs. Searles' former
coachman, John Har wood of San Francisco.
$4,000, one-half of the rest of her estate to
her husband, Edward S. Searles, and the
remaining half to her adopted son, Timothy
Hopkins, absolutely and forever.
Mr.. Hopkins counsel asked for contem-
poraneous will Of Mrs. Searles made at the
same time with the will in dispute. This
request was even more sharply contested
than the other, but Mr.. Hopkins again won,
and the will will be produced later.
After the formal presentation of Mrs
Searles Will and the perfunctory examina-
ton Of the witnesses, Mr.. Burley opened
the case for the contestants. He said:
The grounds on which we object to the
probating Of the will are: First, no proper
attestation of the will; second, 1t was OBJ
tanned through undue influence and fraud
on the part of Edward Z. Searles and his
contederates; third, the lady who signed it
was not of sound mind when she executed
the document.
1T is competent for us to try this case on
these several propositions, but we are not
prepared to offer our entire case now. MANY
Of our witnesses are scattered throughout
the country from one coast to the other.
But we have some evidence here which we
desire to produce on all these propositions;
but whether or not we shall be justified in
continuing our application for putting this
second will on probate, we are not prepared
TO say but we desire to introduce some of
the testimony that is within our present
reach, and for this purpose we have sum-
moned several witnessed We say that the
will which has been offered for probate ia
not the free act of the testatrix; that the
fact is manifest on its face. and that it is a
case OF gross injustice to her adopted son."
Mr.. Searles was the first witness, and his
evidence furnished all the excitement of the
day. There were the customary iuterroga-
tories tending TO establish the acquaintance
Of the testatrix and Mr.. Searls, and then he
was put on the rack.
The examination became more aud more
remorseess, and Mr.. Seacls' face became a
study in colors-at times livid, at others a
duskY white. His GOODNESS never deserted
him. he weighed his answers carefully and
pondered over the questions. The examiner
ln-chief became weary, aud there was a
fascination in the by-play of counsel and
witness, as II it we're a deep game Of chess
The GOODNESS was wonderful Old the one side (:
the SLOW, searching, keen questions on the
other were admirable.
Mr.. Searles testified that he first met Mrs
hopkins in San Francisco, in March, 1883.
ana that he saw her frequently after that
u the west, in New York and in Great
harrington. When in New York Mrs.
Hopkins stopped at the Windsor hotel she
consulted him in business matters. After
these matters we're disposed of the court
room was thrown into commotion by the
when did the first proposition of mar
rlage occur between your
well" said Mr.. Searles, marriage was
first considered in the winter of 1884"
That was your propositions"
We'll. yes"
"What time in 1884 did you make that
proposition; in the winterF
I'm December, Think
"Was that while she was at the Windsor
hotel, New York;
''Yes, SIR"
How old did you understand she was
thenf'
Well. she said she was considerably older
than l." |o'
"How old did you understand her 70 he
when you made her your propositionTr
she said she was twenty years older than
l." O'0' OA'' d"
''Did she say she was born in 1S19sn
''Well, just about that time"
"Had you ever made proposition of
marriage beforeq
mo, sir"
ITO anybody?n
"No, sir"
"You understood she was lady of
Wealth. u
We'll, one couldn't very we'll help know
ing that" ->'-0
Did she consult her adopted son about
her marriage to your
She told me that she had told him.
And you know that he gave her reasons
Why 1t was not proper for her to accept that