Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-04-26
THE oLMsrEAD WILL CASE.
Judge Cole Denies the Motion to Take the
Case From the Jury.

from the Jury, Mr.. II. Z. Davis. in the Ohm
stead will case yesterday afternoon after TIE
STARS report closed. claimed tina, not q par
ticle Of evidence had been introduced to show
that Mrs. Oimstead was not fully
aware Of the contents OF her will He also
contended that Mrs Olms.ead was at the time
| Of making her will of sound and disposing
mind and that no undue influence had been
exercised over her by her husband. II the
evidence introduced by the caveator showed any
thing, asserted Mr.. Davis il showed that the
case was unworthy of consideration by the
| jury, and he therefore insisted that it should
not be given to them.
Mr.. John Webb in replying for Mrs Bail. the
caveator. said that il remarkable thing
that Mrs. Olmstead should leave her property
to her husband absolutely when he
was ehiidiess and at his death it
was not even acquainted. The evidence
tended to show, he held. that Mr.. 0lmstead in
duced his wife to make the will by fraud. de-
| ceiving her to the will her mother had made.
COLONEL TorrES FOR MRS. BALL
This morning Col. Totem replied on behalf Of
the caveator. Mrs Ball. as TO Mr.. Davis mo-
! ton to take the case from the jury. The
law, said Col. Totten, as laid down
by the Maryland court Of appeals.
and which he contended was the law here. was
TO the effect that there might be a general infu-
ence b. the husband over the wife which would
hinder the testatrix from making an
uninhuenced devise. In the present case not
not only had the relatives of Mrs 0imstead
been excluded from the home of the wife, but
the TACT that the viii was to be made was
kept profound secret from every one. The
Will had not been resd over to Mrs olmstead
and she knew nothing Of the technical
language OF it. For ausht that had been shown
the signing OF the will was the crown
ing success of a scheme which her husband
had been engaged in for years. The husband
knew in February preceding her death that his
wife could not recover. bat he was smart
enough to put of the signing Of the will until
almost the last moment Sd that the poor
contents. At the very moment that
the will signed when the husband
called his wife TO sign it, the wretched woman
should have been in bed, and he had even put
in the mouth of his wife her little speech.
Doctor, l want you to witness my will"
No HALFWAY BUSINESS.
There was no halfway business in Mrs.
Olnstead's will Not even a lock Of hair, not
even a single shred. had been given to the heart
broken mother, not even a photograph TO the
beloved sister, and nos a shilling to the tesla
trix's little niece, the child of her heart All
the wite's estate, real. personal and mixed, had
been devised by the wife to her husband in fee
simple.
Mr.. Olmstead had married, in Miss Hutchin-
son. mere child. innocent and trusting Then
began on his part an effort TO obtain posses
sion of her fathers estate. The man
had endeavored to &c: Mr.. Hutchinson to sign
Will. which the sick man declared he
would not sign. Failing in that scheme,
0lmstead endeavored by abuse and
threats to break the will. Then he COM
PEELED his child wife to sign and file bill in
equity against her mother, charging the be-
loved mother with falsebood. dishonesty and
other outrageous things All these
things bad been done in few
months time and every allegation in the bill
had been shown to be false. IL seemed TO him.
said Col Totten. that. when all this was remem-
bered there could be no question of fraud on the
part of the husband. Taking every circumstance
In the case into consideration. no doubt was
left in the mind of an unbiased man that Mr..
Olmstead had practiced fraud on his wife and
had exerted undue influence over her. He
felt that it was q waste OF time to argue the
matter.
MR.. DAVIS REPLY
Replying to the arguments of the counsel for
Mrs. Ball, Mr. Davis said that the authorities
agreed that the undue influence must have con-
trolled the mind OF the testator at the very
time of making the will.
Judge Cole SAID that as he understood the
matter both sides in the present case were
aSISed bh PONY, anu SOl
Totten nodded his assent.
Continuing, Mr.. DAVIS contended that it
was necessary to search throughout the evil
dence submitted by the Gator to lind
a foundation on which to base the pre-
sumption that Mr.. Olmstead exer.ed undue
and controlling influence his wife. Mrs
Oims.ead's will had been criticized 5 a techni-
cal document which she did not I'M
derstand. He agreed that technical
language had been employed and Ny. Mattingy,
who drew the will. used such language
shonld all other good lawyers. As to the
claim that Mrs. Oimstesd did not know
the contents OF the will, DR.. Sewers, one
of the witnesses to it, had made All
davit filed in the Probate Court. TO the effect
that to the best of his knowledge Mrs. Ohm
stead was in a sound and disposing mind and
knew its contents. Besides, the legal pre-
sumption was that the testatrIx did know
the contents OF her will and Its purpose.
1t was remarkable fact that the caveator had
only called TO the stand one OF the three wit
nesses TO Mrs. Oimsteads will, Dr. Sewers,
physician who lost patient when she died and
who was now the family physician OF the
mother, Mrs. Hutchinson.
ALVEY coLLooUr.
"Oh, myr exclaimed Mr.. John Webb.
''Your honor" remarked Mr.. Davis, 81 trust
shah not again be interrupted in such an in
sulting manner"
Il was NOT aware. your honor, explained
Mr.. Webb, that was interrupting the gentle
man in an insulting manner"
We'll, you did, replied Mr.. Davis, land il
it is again done 1 will take emphatic notice
Of it."
Now. don't let us get into any controversy"
said Judge Cole, and Mr.. Davis resumed his
argument
He said that If Mrs. Olmsteads relatives
were not confided in or consulted with
in the matter of her will there was a
reason for it. Not one witness had testified
that Mr.. Oimstead .had said one unkind
word to his wife had done one unkind act
toward her. Nothing whatever had been
shown tending TO prove that the home
life Of Mr.. and Mrs. Olmstead was
not happy one. In his opinion.
remarked Mr.. Davis. tine present case was the
boldest kind of an attempt to show fraudulent
or improper motives on the part of Mr.. Ohm
stead or the exercise by him OF undue influence
over his wife in the making of her will.
Referring to the petition filed in the Probate
Court by Mrs. Olmstead. asking for an ac-
counting by her mother of her management of
Mr.. Hutchinson's estate, Mr.. Davis said
that while it WAS perhaps painful
thing to do, it was a necessary one. Mrs 4
Hutchinson, commended Mr.. Davis, had depos-
tied Sl00. 600 in a local bank. and lost il when
the bank failed. When she died Mrs. Olmstead
left Ter husband the legacy Of q law suit
against her mother and sister, and it seemed
81, ~.