The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-01-27
Trial Drags Weary Length Because the Law.
yers Contend So Much-Mr. Maurice Put
Ter Says He First Suspected Forgery.
lie Explains, at Mr.. Harris's Wish, What
He Did Not Like in the Signature.
Son in Law Caldwell Relates that Mrs Melon
aid Objected to HarbOring Her Husbands
Relatives, and She Put Stop to It

them. Seldom have the lawyers In any
case as stubbornly contested every
inch of ground as they have
thus far In this. Yesterday more
time was consumed in argument why this
bit of evidence should be excluded or that
admitted, than was spent in the hearing of
evidence that witnesses were allowed to
tell. At the outset 1t was evident the case
would last O week or ten days. Then the
estimate was extended to ten days or two
weeks. and now it seems likely to run three
weeks. 1t surely will unless Judge Steven
son sets down his judicial foot and cOmpels
the attorneys to proceed to business with
out unnecessary delay.
The trial is proving great drawing card
with the Noblesville public. The Hamil-
ton county courtroom is unusually large.
but It's capacity was put to severe test
yesterday afternoon, every seat oelng
filled and advantageous standing-room be-
ing in demand.
At the opening of court yesterday morn.
ing the crOss-ex amin alton Of John NJ. But.
Ter, jr., was resumed. Mr. Butler having
testified that he was present when the will
was opened and read. was asked by Mr..
Harris:
when did you first hear of the genuine
ness of the Will being questiOnedT
over to the executor"
Between whom was the conversation in
which the eubject came up"
1T was between father Mr.. Snow and
myself after coming from the office Of Mr.
FIshbeck. where the carbon copy was
shown"
who first questioned it's genuinenessf'
Il did. My suspicious were aroused when
saw the carbon copy. and l communicated
my suspicious to the others."
hon lad hA nil nd IN
Harris said:
please state what there Is in this sigma
ture that imDelsyou to pronounce against
the integrity of the will"
lit is dead. without life or individuality.
don't like the 'D' In the 'McD.' l don't
like the curve OF. the upright, nor the curve
between the o. and n The aid also Is
too small for the balance of the signature:
nor don't the ike The dos slant like of the the small
d.; nor the way it Is joined to the H. i
never saw Senator Mcdonald make an E.
that way. neither does the u look right"
The duplicate being handed to witness.
he said: Il don't like this - nor the
Mob nor the o. 1t is too small and too
close to the connecting letters. l don't
like the 'ap at all. The two letters are too
close together, and too far from the n and
the ID The ID Is not round nor full
enough"
Mr.. Harris then offered to show the wit
Plaintiffs attorneys objected for the rea.
son that the proposed paper had not been
referred to In the direct evidence. The
witness. it was claimed. was not an expert.
Plaintiffs attorneys were willing to admit
any paper that Mr.. Butler had never seen
authenticated as the writing or Mr.. Mo-
Donald, but they objected to an attempt to
entrap him. Mr.. Harris claimed the right
to test the knowledge of the witness or re-
fresh his memory. The objection was sus-
tanned, and the paper was excluded.
Mr.. Harris asked that the record show
that the paper was offered to show an ''E"
that was exactly similar to that In the sig
nature TO the Will. and this was allowed.
Mr.. Butler was asked if he had ever seen
q signature of Senator Mcdonald IN which
the ''p was not joined TO the final d." end
the reply was that In most OF Mt. McDOn-
AIDS signatures these letters were not
Joined.
"Do You regard the signature to the will
and duplicate as alikeW
Il do not"
Did you have it in mind that the sigua-
| lures being alike would have weight
against the integrity of the signatures"
Mr.. Butler's attention was then directed
to point out the weak spots In the sigma
ture of Parke Daniels. Said he:
Il don't like the whOle word 'Parke.' 1t
and Daniels slow. Tho D and "a are not
in llne The whole thing looks stiff"
Witness said it was the dissimilarity of
the alleged signature of "Parke Daniels to
cions and finally led him to pronounce
against the genulneness of all three.
IF were TO show you q genuine sigma.
ture of Daniels with the 'D further above
the "a than this would it tend to modify
your opinionp Objection entered and sus-
tanned.
"ln your deposition did you not produce
q signature OF Daniels In the cash book
which you testified was genuine"
II did"
The pages of the cash book we're then
produced and handed to witness and he
was asked to state if the "D." was not as
widely above the "a" as it was in the sig
nature as attesting witness. This was OBJ
jected to on the ground that the paper was
not In the case. and the objection was sus-
tanned.
On redirect examination witness
testified that Arthur Hutchins had
left the office In February.
that he seemed tired. About ten days
after that he had been taken to the insane
ylum. Since that time. except for few
months when he had appeared to be on the
mend, he had remained in the Central
hospital and was there yet. Knew nothing
of his condition except that he was in the
asylum. Daniels in the meantime had
gone to Mississippi.
Witness testified as to the opening of the
given in other testimony. Senator Me-
Donald. witness stated. couldn't open the
safe. although he carried the combination
on a scrap of paper. There was a back
stairway to the hallway leading TO an alley.
There was no Waterman about the build
ing. but q janitOr. who had room on the
third floor. There were no gates to the
stairs The doors between the rooms were
never locked and admission once gained
from the hall, access to all the rooms In the
office as free.
Question by Mr.. Harris: Did you ever
hear of a safe being opened without knowl-
edge of the coin blnRtlonW
Il have not, except by professional"
"Do you know of any professional who
ever opened q safe without the combina-
tionf
II do?"
"You may state when and where"
1.-The safe of Peelle 81 Taylor, In the Office
across the hall from our OH &c. was opened
by professional who did not know the
combination"
Tell the Jury how he did it."
With dynamite"
Witness stated that il was the rule to
keep the safe locked always In il were
kept valuable papers. and not the general
office papers.
Jesse Caldwell, of Jeffersonville. Ind.
the next Witness was the son-in-law of the
late Senator Mcdonald, having married his
only daughter. Anna. Their marriage, Mr..
Caldwell testified, occurred In 1876 and his
wife died in 1877. Witness resided at the
Mcdonald homestead in Indianapolis from
1876 TO 1879. when he went TO Washington
as clerk on the Senate committee on pu blic
lands and private secretary TO Senator Me-
Donald. His intimate association and
i