The record-union., 1891-09-25
Testimony Adduced at Yester.
days Hearing.
THE ORIGINAL WILL PRODUCED IN
COURT.
Locators on Townsites in the New In
dian Lands Country Disguised With
Their Possessions-Two Town Lots
In the Annex to Chandler Offered
for Ham Sandwich, But Find No
Takers
Special to the REcoRD-UEIoE.

Takers.
Special to the RECoRD-UEIoN.
SALEM (Mass.), Sept. A.-This is the
ghird day of the Searles will contest.
The examination Of Mr.. Searles was
continued Witness had owned an es-
Gate in Methuen for twenty-one years.
Neither this nor the Great Darlington
property ever went into the copartner-
ship assets. The Great harrington prop
erty was transferred by deed to witness,
out the deed was never recorded. The
deed was dated February 23, 1883. The
transfer was made through Stillman and
was executed in Europe. Neither of the
deeds were recorded. Witness did not
know of any transfer of the San Fran
cisco homestead.
Burleigh then produced deeds of the San
Francisco, Sacramento and Summit Soda
Springs in California, from Mrs. Searles,
through Stillman, to witness.
Witness had, even after these transfers,
considered himself and wife equally in
terested in the property. The deeds to
the MenlO Park property were also put
IN. None of these had been recorded.
There was also a deed of I,500 acres of
timber land in California, the deed put IN
conveying absolutely to witness the same
property conveyed to witness by the
marriage settlement. This was six months
after the marriage, and was executed in
Europe. The title of the Black Island
property stands in witness name. The
Fifth-avenue house was purchased in
witness name. These deeds were re-
corded. Witness understood the title
did not pass until the deeds were re-
apr6nd No SnUUAGfp1 that these hn
kept from the recoras, SO that neither
Timothy Hopkins nor any Of his wife's
relatives should know Of them. No one
gave any reasons for so doing.
Another long schedule of stocks trans
ferred from Mrs. Searles 10 the copartner-
ship of Searles, Stillman IL Hubbard was
put in.
4 telegram from Mrs. Hopkins to Tim
othy at san Francisco, three days before
the marriage, was read. 1t said: The
marriage proposed and refused four years
ago was eliminated November Sth at II
A. NJ If possible let L. f. S. and myself
receive your congratulations. l am
writing you. Do not sail before the
18th"
Witness did not recall hearing of the
telegram before. Had heard before the
marriage that Timothy had had detect
ives following him; did not like it, but
still had no unfriendly feelings for Tim
SLilS. l1lIlOlilN DdNl SdlNl III llic l)IeS6Ucc
of his mother that he had looked them
up, as he was desirous of knowing the
character of the man his mother was to
marry.
Adjourned for lunch.
AFTERNOON SESSION.
At the afternoon session the will of
Mary Z. S. SearleS, dated November D.
1887, with a codicil dated June I6. 1888.
was produced. Witness knew of the
viii, but did not know of its contents
until his wife's death.
This will gave $4,000 to John Har-
wood, a former coachman, and the resi-
due was left in trust to Edward T.
Searles, Timothy Hopkins and Thomas
Stillman to pay the income in equal
shares to Edward L. Searles and Timothy
Hopkins during their lifetime, and OH
their death to whosOever they might
designate by will, or falling by a will, to
pay it to their next Of kin. The eXecu-
tors were the same as the trustees. 4
codicil dated June l6, 1888, substituted
the name Of Thomas Hubbard for that of
Timothy Hopkins as trustee and executor,
but otherwise confirmed the will.
The witness had understood that all the
real estate, except the homesteads in San
Francisco, Great harrington and Meth
uen, were placed in copartnership. Wit
ness supposed the titles to the estate con-
veyed by unrestricted deeds rested in
him until something occurred to disturb
them. He did not understand that they
were step toward placing them in the
assets Of the cOpartnerShip. They were
placed IN his name to protect the prop
erty. lie had heard Mrs. Searles say be-
fore her marriage that she had made pre-
VlouS wills. She never told the witness
that she had promised her first husband
10 hold her entire estate in trust for Tim
othy. He never heard Mrs. Searles say
l.1,., l.
daughter, Here comes my little heirass"
lie had destroyed some letters within a
few weeks, but none from Mr.. StiIlman
or his firm. He had destroyed some let
ters written by witness to the lady who
was to be his wife, as he thought them
too stupid to keep"
He had known John Parcher some %
years, and he had visited at his house.
lie was a costumer in Boston, and had
since been in England. He never knew
of Mrs. Searles being i'll hardly day,
except her last sickness, which began in
May last.
There was a Christian Scientist, Mrs.
Morse, an acquaintance, who was called
IN by Mrs. Searles, in 1890, to treat her,
and she treated witness for indigestion.
There was another Christian Scientist
about the first of July, Mrs Day, Of New
York. There was no other Christian Sci
entists or irregular practitioners called.
lie requested lllaJ tnSre SDOulC not be
any mention of their being called, as he
did not care about the fact being hawked
about. lie did not learn that Mrs. Searles'
illness was considered critical until with
IN two weeks of her death. There We're
no kindred To be notified who could be
reached, Timothy being in Japan. DR..
Barker and DIR. Wesselhof Were the at
tending physicians.
At the close of the hearing Mr.. Bur-
leigh called for all the letters from Mr.
Stillman or Mr.. Hubbard to either Mr..
or Mrs Searles, or from them to the firm:
also the cash and check books of MIR.
Searles TO be produced at the adjourned
hearing on October 18th.
The points most strongly brought out
to-day concerned the deed Of the Great
harrington and San Francisco estate,
sixteen thousand acres of timber lands
and other property transferred to SearleS
by Mrs. SearleS through Stillman, and the
tact that Searles seemed to have known
little about these transactions, even for
getting the deed to the San Francisco es-
tate, valued at $500, 900, until the docu-
ment was produced.
lhe point which the contestants are
seeking to establish seems to be that there
was sort of conspiracy or understand
ing between Searles and Stillman that
they were TO get as much of the property
INTO Searles hands as possible. They in
tend TO use these documents systematic
ally TO create this impression.
THE NEW INDIAN LANDS.