Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1893-10-19
CHAPTER XIII.
TEE EVIDENCE.


Exceptions were taken to the ruling,
and Mr. LewinsOhn called William
Bush as first witness. Mr.. Bush was
sworn and took seat in the witness
box, and responding to the usual ques-
tions stated that he was ~ years of age
and had resided in the county fifteen
years.
Question Did you ever know James
Martin whose name is signed to this
alleged will?
Answer. | did.
.. How long did you know him.?
A. Only a few days.
Q. We're you intimate with him?
A. Quite so, for the short time I
knew him.
>. Where is he now?
a. Dead.
O. When did he die?
A. August Ii, 1882.
Quick as thought, and entirely out of
order, and for the first time approach
ing anything Of the sensational, MIR.
Lowinsohn sprang to his feet and fairly
screamed:
''Gentlemen of the jury, that will is
dated October 18th, 1882, two full
months after James Martin diedn'
Upon this startling declaration, con-
fusion took possession Of the audience
and Jury, aud did not miss the judge.
1t was an exciting scene in which
everybody took part. The bailitf raped
on his desk and commanded silence,
ana when order was restored, Mr..
I.ewinsohn announced, with an air of
victory, that Mr.. Newcomb, attorney
Tor Grounding might take the witness.
Q. Mr. Bush, how do you fix the date
of Mr. Martins death as having oc-
CURED at the time you state?
A. [ keep a diary and find it SO re-
corded there. My diary never lies.
Besides, Martin was boarding with me
and in my employ, and my diary shows
She day he came as we'll as the day he
died
9. Was he 9 stranger in your neigh-
borhood?
A. He was.
Q. How long had he boarded with
and worked for you?
A. Ten days.
.. May you not, Mr.. Bash, uninten-
tionally and innocently, have made a
wrong entry in your diary?
A. / told you, sir, my diary never
lies Martin died on August IA, 1882.
I saw him in his coffin. l saw him in
his grave.
Mr. Newcomb: That is all. You can
step outside.
The Rev. Norton may be sworn, said
Mr.. LeWinsOhn.
Q. Are you the pastor of the Baptist
church of Sandy Lake?
A. am.
Q. What was the date of the organi-
cation of that society?
A. January 10, 1853.
O. Was there any such organization
in,existence on October Is, 1882. the
date of the making of this alleGed
will?
A. No sir
AS the will bequeathed $4,000 to
the Baptist church of Sandy Lake,
and as there was no such OrganiZa-
ton in existence at the date of the
will, the inference would seem to be
that the will was framed after the So
ciety was organized, which was after
Ma Or Nordrums death.
The witness was not crOss-eXamined.
eff the court please, said Attorney
Lewinsohn, "we now introduce a certl-
fed copy of the letters patent issued
for an improved method of forming
letters used by the type writer. This
certificate is signed by the commits
sioner of patents, and has attached the
patent Office seal.
the introduction Of the certificate, for
the reason that the commissioner of
patents should be brought into court,
where he could be croSs-oXamined.
The court ruled that the certificate
was the best possible evidence to prove
when the patent was issued. and the
nature of the Improvement patented.
1T will be seen by this certiticate,'
continued the attorney, THAT the pat
.ent was issued eight months after the
alleged will was typewriter and that
the Improvement patented was the
style of the letter used in copying the
will"
The counsel for Grounding looked
upon this evidence as quite damaging
to their case. The certificate may have
been a surprise to them or 1t may nos.
Their client was in no way disturbed,
and this fact gave the counsel some en-
couragement. Groundwig was GER
taihiy being pushed to the wall. and
though man of almost Infinite re-
sources, they were rapidly being eS-
hauSted.
Il now propose" said Mr.. Levin
shon, IF your honor please, to offer in
evidence the dying declarations Of
Matilda Patterson. [ hold in my hand
the dispositions of four reputable per-
sons who were present and heard all
she said in her dying hour"
This proposition was sternously OPP
posed by Groundwig's attorneys, and
the motion was argued at length by
lawyers on both sides.
The point made in opposition to the
admission of the declarations, was that
on her death bed her mind wondered
and she was out of her head. With
her mind in this condition, and when
she was unable tounderstand the mean
ing of the questions put TO her, and
when she was running at random, using
meaningless phrases, she was asked
about the will. Without comprchend-
ing the full meaning OF the question:
Or the bearing her answer might have