Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1891-09-23

toned the drawing of another will, ard
the court, on motion, ordered it produced.
Incidental to the request it was stated
that Timothy Hopkins would not be con-
coded the right to appear as an adopted
son. Mr.. Burleigh proceeded to cross
examine witnesses, his main point being
the fact that the name Timothy Hop
kins" was written in apparently differ
ent ink in blank space left for the name.
Mr.. Dodge stated that his impression
was that he left the space until he got to
Methuen, as he was not sure whether
there was a middle initial He had been
instructed 70 draw a will leaving sill the
property to Mr.. Searles and as his duty
rs a lawyer required, he inserted the sec
ton. Regarding the omission of the
name of Timothy Hopkins he called the
special attention of Mrs. Searles to this
and told her he could modify it if she de-
sired, but she stated that it expressed her
wishes, and it was executed.
Position of the Contestants.
William NJ Thornton, another witness
to the will, corroborated the last witness.
Cross-eXamination showed that the wit
ness could not read a single word. Will
lam O. Norris, the third witness to the
as TO the execution of the two wills. He
had also witnessed will for Mr. Searles
since the death of Mrs. Searles This
closed the case for the executors. Mr. Bur
leigh asked the executors to produce a
will of Mary F. 5. Searles dated in \ovem
Der, 1887. Judge Harmon ruled that the
executors produce this will. Mr.. Burieigh
stated that the position of the contestants
was first, that there was not sufficient at
testation of the will; second, that the Will
was procured by undue influence and
fraud on the part of Edward F. Series
and some con.ederates. and, third, that
testatrix was not of sound mind at the
time the will was made. Mr.. Burleigh
then called Edward f. Searles to the wit
ness stand. In the afternoon session the
examination of Edward F Searles was
continued. He first met Mrs. Hopkins in
San Francisco in March, 1888 going to her
house with letter of introduction to look
over her house; met her there several
times going on excursions into the couI-
try twice with her and her daughter-in
law.
Timothy Objected to the Marriage.
He then detailed his acquaintance and
visits to Mrs. Hopkins. The first PROPOSE
ton of marriage between the two came
from Mrs. Hopkins in New York in the
fall of 1883. He did not assent to it for a
year, but in December, 1854, he entertained
the proposition; knew at the time that
Mrs. Hopkins was born in 1920 and was Il
years his senior; had never previously pro-
posed marriage 10 anyone. Witness could
no well help knowing that Mrs. Hopkins
was lady of large means He delayed
the proposition of marriage to give her
chance TO be sure she was satisfied, and
after he entertained it, delayed marrying
for three years. In the spring of 1885 he
went to Florida as the guest of Mrs. Hop
kins in her private car. She was accom-
panied by Miss Cass, of Great Darlington
Witness, from 1885 to 1887, was superin-
tendent of the building of Mrs. Hopkins
at Great Darlington. He had understood
that the son, Timothy, in connection with
the railroad people, managed her atfrirs;
had been told by Mrs. Hopkins that Tim
othy objected to the marriage, but had
cherished no i'll will toward him for it;
the agreement of marriage was entered
into in September, 1887, on witness part
because he greatly admired her.
Marriage Contract.
In reply to a question he said that he
married her for all she had, both love and
money. but should never have married
her for money alone. Did not know of
the will made on the day of the marriage,
Nov. S, 1887, until after her death, but did
not think it was Intentionally made be-
hind his back. A marriage contract made
at the same time was also put in convey
ing by Mrs. Hopkins to T. Z Stillman as
trustee for the benefit of Edward F.
Searles after the marriage, the mansion
in San Francisco; improved aud unim-
proved land in Sacrament; mountain
lands in Summit, Soda Springs, Cal; red
wood and timber lands on the coast
range; two parcels of quarry lands; the
Great harrington property and four lots
on Ninth street, New York. This con-
tract was cancelled June 16 1SSS Tie
q, ,raS Enrl I'D cd for tlnn