The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-10-24
THE sEARLES WILL CONTEST.
,r.nnks sAYs HE WAS WORTH sfso. 900
nEFORE HIS MARRIAGE

.rIn1Fs SAYS HE WAS WORTH SfS0, 900
BEFORE HIS MARRLAGE
v.-.r MA n Coz sultatisa with Els WIZ
.,.,t uer wui-she TslA Hin. How.
.x,r. That she weuiAa't Leave Ti~ A.y.
.h,.r, a. she Believed He weuia he
Mar, Generous to Tin thaa She wouiA
u.-Iavyer Hubbard Gives . Review OF
Me-. se.rIe.'s Business with His Firm
..S or the End OF the Fart.ership.
GAVIN. Mass.. Oct 2s-Even a snow storm
and sloppy streets did not deter the ladies' from
sa.tinp 10 the court room early this morning
w .,der "a secure advantageous seats at the
hSrnp In the famous Searles will case. Mr..
On. ,,es was in the hands Of his friends all the
r,orninp. and Mr. Lincoln took care that he
nod plain sailing on a smooth sea. A de-
r,.,rs smile wreathed the expressive coun.
.anance Of Timothy Hopkins when the witness
IA that Mrs Searles believed that he would
=. nore liberal to her son than she would be.
Tho audience also laughed Mr.. Burley took
Mn, IN hand on recross- examinatton and onoe
=. tvice he became little hustered. claiming
mat tho variations In his direct and cross-ex-
.mination we're the result Of his misunder.
sanding Of the questions asked. Then Mr..
hurley announced that the evidence Of the
contestants was all in. It was supposed that
NJ. Timothy Hopkins would himself take the
fitness stand. but he disappointed the spec
tators by remaining glued to his seat
Col Lincoln called Mr.. Searles to the stand.
There was little preliminary questioning as
10 Mrs. searles's consultation with him about
Timothy and his Western railroad invest
ments. Now. Mr.. Searles." said Col Lin
coln. state whether or not you ever had Q
word OF discussion with Mrs. Hopkins. directly
or indirectly. or with any one alone as to this
will, either before 1t was made or after 1t was
made"
mo. sir: none whatever. I had no reoolleo-
ton Of this will until 1t was called UP in court
Isaw Mr.. Stillmau In New York and told him
that had come to see him for Mrs Searles:
that she would like to see him and have him
draw IN will. Mrs. searles said she had
some things she would like to do. and that she
was unable to put them in form. She would
like t. have memoranda and said she would
leave the matter to me. She said that she
knew I would be more generous to Tim than
she would be if it was left in my hands,"
Then tho witness described the last days
Of Mrs. Searles. She began to be out Of her
usual health In tho spring Of 1891. Her
illness grew upon her. 1t was on the Thurs
day night or Friday morning before she died
that she became very i'll. She had had q Sec
opd operation performed. and on Sunday she
was very much worse.
I'VE had heard from Timothy Hopkins at
that time" he continued. "by letter only.
About the 18th OF June Mrs. Searles received
aletter from Timothy. saying that he was 60
Ing to sail for Japan. to be absent about two or
did you in any way conceal her last illness
from Timothy Hopkins 7" asked Col Lincoln.
s0 eyss shs a asy drec. or
indirect: It to prevent MI Timothy Hopkins
from hearing ~ about her devisnc her estate p
Mi: sssrles said he went to New York to SEQ
Mr. Stillnan. and to get Mrs Searles's bonds
In the southern Pacific Improvement Com
sSsrfss. re d5otors said that she might be
a nov 1aSyea and that = trip might Do her TS ,9
IN si.tn AFT
Fs
ssls also owners in tie sSSt5sTn Rsss raj.
voting power; The stocks belonged to Tho
ta sns sd
they would have nc, dice in the managementof
tbs company in which large proportion Of
There was breeze when Col. Lincoln asked
Mr. Searlea whether he considered his wife
mentally competent to make q will Lawyer
is not an attestine witness, You are going be.
y9 Tal any , Mpssaehusetts r.. rule" IT,
We'll sir. did you ever observe anything in
regard to her mental condition which was not
squad or strong"
NJ SrarlcS--NO. Sir.
60 Hpl, Iii tlc1lnLhave you had any consultation
T sae .a Mr. dHSnknss . or one else as to how
., Mr. Burnley objected. He said that the ques-
lion was so broad as to involve private con:
Turns turns tho statute into sword in the hands OF
s shs hus6snd rather than shield as the
that Is putting ' Into Tia case pr
vats c9nyersation between husband and wife |
private conyersatlon. to 1 neither 81 f's WHICH,
III. cGuit-d think myself sir. there is no
for this defendant deny the charge you have
M Mr. 4, Burley continued to press his objection.
H aUree 81 Ills statement but 1t would allow the
G Gl i Lins,oln,Nwhat do you say. Mr.. searles
MI. Lincoln closed his questioning. and Mr..
DaaThIey proceeded to reexsmine.
'ou iutdH ~ siys ulT. CoehtiObs OF 10 nave |
vs. Us infer that during overture you never |
S Mneu Wlth your wife as to her testamentary |
AFTER some hesitancy the witness. stating
u.1 he supposed the evidence asked for came |
anucT the head OF private conversation, he |
sef his wife, and Mr.. Stiiiman. There was a |
sssiersnre 70 the Menlo Park property. Mrs. |
o c, said she wished to make will leaving
everything TO Mr.. Besrles. and he was going to |
make ona leaving all TO her. She said that she
Mould not leave anything In her will for limo
ttn ayy Hopkins because she intended to provide |
IRot him during her life She also snid that she |
bh anGst md that he wouldn't suffer In my
S Snius Innt was about oil she said to Mr..
n nsn She had no memoranda. Mr.. Still
ny" e. told her that 1t could be done.
t.s vi. searles then repeated to Mr.. Burley his
M siti, IN ~ 70 his being worth from $lJO.-
~, 10 s2OhO0O. He had $4,000 to $50 900 in |
WTa! estate In Methuen. and $4,000 In the |
b%est HIS estate had been somewhat en- |
n nsrcea IN value each year since. He had |
never transferred any OF his real estate to the
SrapInn sdsap He never sold any OF his West
.sI %h T. didn't you transfer your estatep"
~, Because SMir rss. sesrles ddn'. wish me to.
k rom y boI nothing but the property received
Then you didn't understand this agree
S eSrl should turn In oil OF your, estate. Nj.