Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-04
MRS. OLMSTEAD'S WILL.
Mr.. Davis Argument in support of the
Document.

HE SAYS THE INCIDENTS BROUGHT Up As rrs-
TIMoNY AGAINST IT ARE ABsURD-MR. WE'RE
MAKES AN EXPLANATION AS TO HIS REMARKS
CONCERNING Mr.. MATTINGLy.
Shortly after The STARS report of the Ohm
stead will case closed yesterday afternoon Mr..
John S. Webb concluded his argument in be-
half of the caveator, Mrs. Linda Hutchinson
Ball, and was followed by Mr.. II. E. DAVIS for
the caveatee, Mr.. John F. Olmstead.
Mr.. Davis, who was speaking when tine court
adjourned for the day, told the jury that ne
was not going to call upon them 20 exercise
their predictions or their prejudices as be-
tween man ard some women, but to do JUS
tlce- 1t was not strange that Mr. Olmstead, in
his capacity of confidential real estate agent,
came to know much about Mr.. Hutchinson's
property, and when Mr.. Webb became older ne
would hesitate TO accuse two of the most re-
spectacle members of the bar OF a conspiracy
to rob a dying man. The only witness who
could throw light on the main issue. the trained
nurse, had disappeared. No efforts had been
made by the cayeaTors to find her, and
strangely enough she had been las. seen an
| the nome of patient of DIR. Sewers.
Some one, intimated Nh. Davis. mad
drilled the coiored farm servants who were
brought on the stand at the last moment. 90 tell
of an apocryphsl visit made by Mr. and Mrs.
Olmstead TO Sltka farm, with the inference
that he had then stolen Mrs. hutchinsons will
Their testimony placed Mrs. Hutchinson in the
light of accusing her daughter OF abetting her
husband in the theft OF her mothers will. The
only witnesses. said Mr.. Davis. who told of anv
unpleasGntness between husband and wife were
the servants from the kitchen. who had seen
Mrs. Olmstead crying. Referring TO tine fact
that Mrs. Oi,nstead had not revealed the con-
tents of her will TO her husband. he claimed
that ii was an everyday occurrence that a wife
should made will without revealing the con-
tents TO any one
Mr.. WEBB MAKES AN EXPLANATION.
Upon the opening of the court this morning
Mr. John S. Webb counsel for the caveator.
said teal ne wished to state that in his address
Yesterday he had no desire to refiecs upon the
honor or integrity Of Mr.. w. +. Mattingly.
Such purpose was never in his mind. lie
had in common with the remaining members
of the bar and community. the highest respect
and regard for Mr.. Mattingly, ana he would be
the last man to iInpute 10 him any improper or
unprofessional motive. What he had desired
to impress upon the jury was the fact that the
will drawn up for Mr.. HAYWARD NJ. Hutchin-
son and which he signed did not represent the
tes.ator's particular wishes.
Mr.. Msttingly stated to the court that
reading OF Mr.. Webb's remarks. as reported in
The STAR, in reference to himself had both
panied and surprised him. He was, of course,
gratified 10 learn this morning from Mr.. Webb
that nothing unprotessional. dishonorable
dishonest had been imputed 10 him. and he
therefore had nothing further to say.
Judge Cole said he was sure that Mr.. Webb
had no desire to reflect upon Mr.. Mattingly In
the slightest manner.
surely not, your honor" remarked Mr..
Webb.
NIB. DAVIS RESUMES.
Nv nay hep lis h.
half of the cavea;ee, Mr.. John F. O,mstead. Re
referred to Mr.. Olmsteads long intimacy with
Mr.. Hayward ". Hutchinson his kindly services
during Mr. hutchinsons Lass illness. and asked
the jury If it were possible that Mr.. Hutchinson
could have spoken of Mr.. 0lmstead as
"a - RASCAL. Dr.. Sewers had testified
he did. After Mr. Hutchinson's death. Mr.
oImstead, in the protection of his wife's inner
ltance. mad only done what any other man
would nave done under the same circumstances
No doubt II panied Mrs. Oimsfead 10 institute
the legal proceedings size cid against her mother.
But such were the everyday occurrences
OF life. and painful they naturally
we're. they nad 10 occur. ano he ccuid see Mrs.
Oimsiead coming out of the storm happy in the
thought THAI after all she mad done what was
proper and right Storms were lot pleasant.
bIt without ,nen there would be no bright
ralncows Of happiness anu peace.
heterrIng 10 -Ir. William +. 4la. tingly's con-
lad berated him for what ne lad DONE but DR.
Mattlng.y had &C led only az an honorable man
should have done in every instance.
Nr. 3iastinSly had taken possession of Mrs
Olmsteads Will. as was most proper. and had
placed IL in his safe. where IL remained until
he filed II in the Office of the register
Of wills. Mr.. John 5. Webb examined
the VIII. and. sending copy of it to Mrs. Ball,
advised that il oe contested because of lite un-
fairness. Yet. they had permitted the will to
be probated, and had not contested
il unul more than two years
LATER the caveator had given
as a reason for her hardness in contesting the
viii tine inability to 90 ain the necessary evil
dence. but they possessed no evidence now that
taey did not nave at their command at the
lroba.ias of the will. and the real reason
for contesting it was % get Mr.. Olmstead out
OF the way.
TEE CHARGE OF CONSPIRACY.
Notwithstanding the retraction of Mr. Webb
this morning in reference to what he had
said of Mr.. William F. Matting,v, Mr..
Webb did say, Mr.. Davis contended. that
Mr.. Olmstead conspired to obtain possession Of
Hayward NJ. Hutchinsons estate. COR
spiracy required three more parties, and
Mr.. Webb furnished the necessary parties in the
persons of Wn. T. Mattingly and Cen yeffries.
Mr.. Webb might retrsct until doomsday. but
Mr. Davis insisted the fact would nevertheless
remain that the case of the other
side rested on their contention that
Mr.. O.mstead. through Gen. Jeffries first
and Mr.. Mattingly secondly had
enaeavored to rob Haywatti NJ. Hutchinson on
his death-6ed by palming off upon
him will which did not represent his
wishes. That their scheme. and
that one having failed they had en-
deavored TO show Oy the relation of petty in
significant incidents that MIR. Oimstead domi- |
ieercd and terroriZed his wife to such an extent
that she was afraid 10 DO what she liked. But
even that not enough. and they
had endeavored 20 show that Mrs. !
Olmstead mentally incarabIe of
making will. The resalt was tina,
the other side had sought to make Vim. f. Mat
ingiy, as honorable and upright man as ever
lived. as black any wretch in the penitentiary
or IN tine lowest slams. and as for the cxyeatee,
john I. 0lmstead. The out damned damna-
tion.' according to the other side
referring to the retention by Mr. Mattinglv
OF Mrs. hutchinson's will. Mr.. Davis said he
had kept ii because Ii was maize through a COM
pact entered into between Mr.. and
Mrs. Hutchinson. and as an honor
able man and lawyer he desired 20 see
that the wishes of his employer, Mr.. Hutchin- |
son. were carried out. That will had been re-
turned to Mrs. Hutchinson two months later,
and Mr.. Mattingly had then retained a copy
for the same purpose.
Mr.. Davis had not concluded when, at 1890.
q recess was taken until o'clock.
THE LAW ABOUT WILLS.