Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-06
THE RUPERT WILL.
More Testimony as to the Fire and
Insurance.
ONE OF THE APPRAISERS
Tells Of His Work in Determining the
Amount OF Insurance to lie Allowed -
Ruppert's Change of Disposition After the
Fire-Col. Cook Again Testifies.

The trial of the issues in the Rupert will
case was resumed this morning when Mr.
Worthington offered in testimony transcript,
from the register of wills Office showing tina,
letters and coIlegendum were issued to Simon
Wolf and W. G. Johnston.
Paul p. Weidman Of New York was aalled and
testified that he was business man there, hav-
Ing his residence on Staten Island He had had
business relations with Rupert for seven years.
After the fire witness was asked by Mr..
Ruppert to act for him in the
appraisement OF his loss. He saw Rupert a,
his house on mis- arrival and he told him that
the loss WAS up to the amount Of insurance,
S22, 900, and was total loss. An inventory
was handed to him by Mr.. Upperman. 1t was
in book which had not been handled a
great deal. In his opinion i. was
written by Mr.. Upperman and he thought it
footed up $500 Witness made the appraise-
ment, taking about two days, and by agree
ment with the Appraiser on the part Of the in
surance companies they each went through in
dependent of the other. The latter went
through in about half an hour.
TIE INSURANCE AGREEMENT,
The agreement was $4,000. Abou. one-hat
had not been affected by the FIRE. While an
praising Mr.. RUPERT said he wanted to get out
Of the business; that he was getting
old, and suggested that witness buy him
out. and when he suggested that he had no
money nc said that they could fix it. Two or
three days after he saw Rupert again, when
the subject was brought up, and witness wrote
out memorandum OF an agreement After
ward Rupert suggested that he 20 to Mr.. Wolf
and he did so. Mr.. Wolf advised him
whatever be did with Mr.. RUPERT have him
put bis name to it; that ne (woll) had done
received nothing for it. but it was ali right
and he would get what was coming to him.
Mr.. Wolf said that he had known Ruppert for
years and that be was an old acquaintance. He
went TO Wolf with Rupert shortly after his
arrival to see as TO the insurance
THE CHANGE IN RUPERT.
Witness remained here for about Q month.
He had known Rupert before this as a quiet.
steady, close man. but he found hum
considerably changed-restless, fretful.
angering easily, continually ouarreling.
with somebody. This manner increased, He
saw RUPERT just before he left. After the
store was opened after the fire witness was the
manager.
After relating some disagreements he had
with Ripper. witness said that the actual value
OF the stock atser the FIRE was about $40 900,
and the who.e. including the damaged goods.
1000. Much OF the stock could not be
iepiaced. being obsolete. During the month
witness was there RUPERT was not in a condi-
ton to attend 10 business. being on a tension
nearly all the time. When in a good humor
Euppert treated his wife we'll at the store.
On crces-esamination witness said that in
nppraisiug the loss his fgures were
about $500 over the Insurance. companies
appraisers and they srlit the difference
He regarded it as Just sum a. that time. The
book with tho inventory footing mp $50. 900 was
shown him that OF TIE stock prior to the
December fire, and not of the fire the May
prior.
NOT SURE OF THE WRITING.
Witness was handed q book and said that
some Of the writing looked lie his, but on re-
Election said thar it was not his. His attention
was called to the footing up Of one
inventory, and read s57.s126A He would
not say whether this was the book or not
and he was in doubt as to it. Another inyen-
tory in the handwriting Of Nh. Rupert was
called TO witness attention, and he read the total
SCI, S9l.75. He did not know that RUPERT made
this while he was there. He was willing to enter
into the contract in January. 1892. and thought
the n that Rupert was able to look out for his
end OF the line. He regarded terms of
the contract as extremely liberal to-
ward himself. The handwriting of
the first inventory was Upperman's
he thought Mr.. Rupert was no.
cruel to his wife. but when in q bad
humor would speak to her harshly.
At times ne was in q rage beyond control.
and at others simply cross, and during the
month he was manager he had never seen him
in as good humor on previous occasions
THE HANDWRITING AGAn.
On redirect examination witness noted
that tie pages between 46 and ~
were cut out. and tie figures 57.s12 GA
10 be in Mr.. Ruppert's handwriting.
On rage ~ there was recapitulation
of the stock in. he believed, Mr.. Upper-
mans handwriting. The pages 80 to l0s APP
peared 20 be in Mr.. Eupperts handwriting and
on page IS there was a recapitulation of stock
by floors. Pages 80 to l02 had been cut from
the book. The footing on page l03 is S2l. S91 rs.
Mr.. Mattingly said that the pages being cut
out did not affect the book, for the amount on
page SO had been carried forward to page l0S
Witness said that such WAS the case. Mr..
Tobriner called attention TO pages 46 to i9. and
witness said that there was nothing TO show the
continuation was from the first to the latter.
Mr.. Mattingly-The pages are footed up, but
not carried forward.
The defendant then offered pages from one
to page forty-nine in evidence se the inventory
made by Mr.. Upperman.
The court decided that IL any part of the
books was admitted the whole would be-
Mr.. Mattingly offered the whole in testimony
and the court SO ruled-the caveators except
ing.
COL. COOK ON THE WILL
Col. W. A. Cook was recalled and testified
that in The fall o; 1890 ne had conversation
with Rupert in reference to his will Mrs.
RUPERT was present and Rupert said to her,
Now you have charged that am engaged in
DESTROYING the old will and writing q new one."
and asked him if IT was so. He answered IN the
negative. and she expressed herself satisfied
Mr.. support said that he had not made . new
will and the old one stood
Gustave Ripper. testified that he went to
the funeral with the widow and Mrs weigman
Mr.. Wolf WAS there and told them how the
will read: that witness was to have SlO 600
The next morning AIR. Wolf again spoke of the
terms of the will but he could not say that he
mentioned the beques. to the home
On cross-examination witness said that when
Mr.. Wolf informed him of the provisions of the
will he kissed Mrs. RUPERT.
REV. DIR. DREwIrzs TESTIMONY.
After recess Rev. DR.. Z. Drewitz, pastor of
the Concordia German Lutheran church, testi-
fed that Mr.. Rupert was a member of his
congregation and visited him in his
sickness He could not remember
the writing for the purpose OF raising money
for rebuilding the church, but he had some
recollection that after one had given his name
for $500 huppert said. PUT my name down
for the same amount" Ruppert was a STUB
born, self-willed man. Witness visited Rupert
during his sickness. He was depressed