Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1891-04-05

Vanced to keep his little Iarm
from being sold; and what was the
consideration? In early days a
helpless family was cast upon the
hands of poor Will Stevenson and
when G. G. Stevenson teSan 10 ac-
quire little wealth he deemed it
an obligation upon him 10 advance
him this money, not as a loan,
but as a present. he said to him
"This never vii be enforced,
but to satisfy Ellen, say to her
Yes. | will make a mortgage for the
full amount" and his testimony is
that she insisted on tie full
amount to the last penny and he
did 81. Does it not show the COM
plete euhjugation 4 his will pow
er by her?
Mrs. Stevenson dared to swear that
she executed her will, giving her pro
perty that &. c Stevenson had be-
slowed upon her, back to him in the
case of her death prior to his. At the
same time and place the present will
was executed. She swears that She
was in an adjoining room when the
will was executed, and the same two
subscribing witnesses Ravens and Pal
mer, her intimate friends, swore they
did not witness her will or see her
in either room. Lowe. the clerk who
was in the room Mrs. Stevenson To-
Gated herself in her testimony, swore
she was not there on that occasion.
The reason she did not sign her will
was because she had determined that
in no event should her property ever
go to the boys. When 4. {. Stevenson
was dying, he said to Ed, II have
made will three years ago, which is
now in San Francisco, You must go
and get it." The original will was
made five years before
He told his brother, the Governor
of Idaho, that he had made a codiciI
to his will. He had given his wife
the Sutter Street property and a
homestead in Carson, and the balance
to the boys, as blood was thicker than
water, He stated to VIM. Stevenson
substantially the same thing, Mrs.
Hardy, the aunt eff Mrs. Stevenson,
swears that she heard the diving man
make lengthy and connected state
ment in relation to the will while on
a lounge twelve feet away. This was
when he had his arm about his sons
neck, drawing his ear close to his
mouth, as he whispered with the last
fluttering breath of life, at a time
when DIR. Herrick swears that he
could not speak above labored wills
per and Frank Mccullough corrobor-
ates him. Look at the way she rush
ed to open the will before the BODY
was cold.
The Court-It certainly was i'm
proper and indiscrete to open it with
out all the legatees being present.
Her action is in itself a very sus-
picious circumstance. Again, She
swears that she willed her husband
$4,000 worth CT property he had
given her. in exchange for half a mil
lion. If this is true, don't it show the
tremendous influence she had over
him9 making him do that, and disin-
herit his children at the same time. If
there was an independent paper At
tached to the will, as is in evidence. II
was that codicil. If it was penned bv
{. {, Stevenson in his own hand
writing, it needed no witnesses under
the laws of California. We claim. nm
der the evidence, that there was cod
icil to the will,
MUST PROVE THE CoDICIL.
The Court-If there WAS an ind
pendent piece of paper, as there nos
sIDly was, you must prove its con
tents TO make 1t admissible in evil
dence.
Mr.. WoOdburn-Ho could ,va
when it was extracted before We sa,,
its contents? Its contents were Dro,.-
en- by Z. \. Stevenson.
As your Honor has eliminated fro,,,
this contest all the issues rendered b,.
the contestants but that of undue !,
Huence, they feel that the tesiin7on,,
thus far adduced warrants a d.
setting aside this most unnatural III
That the case they have established i
III nowise affected by any evidence IN
tr"duced by the prepayment. The, he
lieve that your Honor viii ionora H.
testimony of Mrs. Stevenson bae,r,s''
1t Is certain that she periured bersaTf
in most material matter
DO you accept her explanation tbat
the anonymous letter was 4 con,-5
PLAIN LANGUAGE FROM THE Rr>-rt,
The Court--I do mott consi5e,
the letter as the original document
Inc post marks show it 70 be genuine
ana cannot accept her explanation
that it was a copy.
Mr. WOODBURY. II in te,tf,,o,,,
now, or not'
The Court have not decided Is .
to that.
Mr. Woodburn-Do you not regard
1t as showing undue influence?
The q.
ten to influence the testator, and
therefore conld not be evidence under
the head of undue influence. I re-
gard it rather as contemplate aud
outrageous attempt to break nm !
family.
Mr.. Woodburn--What if she has
purjured herself' nos
The Court-I think her Statement