Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-04-19

The Issues That Are to he Determined b
the Circuit Court.

the Circuit Court.
This morning. before Judge Cole in Circuit
Court, No. .. the trial Of the olmstead will
case. which began Monday last, was resumed.
August l. 1889, Mrs. Katie Hutchinson DIM
stead. the wife Of John r. olms.ead and
daughter Of the late Hayward NJ Hutchinson
OF this city, died. On the Goth Of the following
month will. purportins to have been made by
Mrs. Olmstead on the 9th Of June
1889. was admitted to probate and letters tesla
mentary were issued TO John F. olmstead, he
having been named in the viii as the executor
Under the terms of Mrs. Oimstead's will her
property was left to her husband. On the Esd
of December, 1891. petition was fled by Mrs
Linda Hutchinson Ball. 4 sister OF Mrs Ohm
stead. contesting the will and DENYING its va
lidity.
THE ISSUES on TRIAL
On the Esd of January. 1892. the Probate
Court sent the case TO the Circuit Cour; for the
trial by jury of the following issues: Firs,.
Was Mrs. 0lmstead. at the time of the alleged
signing of the will, June 6, 1859, OF
sound and disposiny mind and cap
able OF executing valid deed contract?
Second. were the contents of the alleged will
known to Mrs 0lmstead at or before the
alleged execution of it? Third. was the will
signed and executed by Mrs. Olmstesd under
the undue influence suggestion. impor-
tunities or prosecutions OF her hus-
band, or any other person or
persons, when her mind, from its disordered.
diseased and enfeebled state was unable TO re-
sist the same! Fourth. Was the said will pro-
cured by the fraud or misrepresentation of her
husband or any other person or persons acting
of their own yolition or under the direction of
her husband! These the issues which are
now on trial
MRS. HAYWARD HUTCHINSON
MIS- Hayward NJ. Hutchinson. the mother of
the deceased wife, was the irst witness called.
and she related the general history Of the
family, Mr.. Olmstead's connection with the
family. and she litigation which followed after
her husbands death. She said her husband
was extremely SOLICITORS as TO the welfare of
their daughters. and she and her husband made
wills In their favor. On cross-examinat!oa
MIS-. Hutchinson stated that she did not make
her will until after her husband had made his.
subsequently, in answer 10 questions put b.
Mr.. ii. T. Davis. Mrs. Hutchinson said she had
made will while the girls were children
which she had not seen for some wears, as i
had been spirited away from the drawer in
which she had locked it. Mr.. Davis here pro-
duced paper and Mrs. Hutchinson identified
1t as the will she had lost.
MRS. BALLS TESTIMONY
The examination of Mrs Hutchinson was
concluded yesterday and the cayeator. Mrs.
Linda Hutchinson Ball, took the stand She
also related much of the family his
tory. After her fathers death the
litigation between Mr.. Oimstead and the
family caused an enlargement between Mr.
Oimstead and his wife on one side and her
mother and witness on the other recon-
cilatlon followed. however. She said her
sister, Mrs. Olmstead, first became III
In the fall of 1883, and witness first learned
Of her sisters serious condition the fol-
lowing March. She often saw her sister, but
she never said anything about making a will
In June, 1889. Mrs. Oimstead was in a weak
and almost helpless condition. On the 18th of
that month witness called to zee her sister
at her apartments in the Portland flats,
when she Was told by NJ. Olmstead that his
sister had suffered a convulsion. He refused
to allow either witness or her mother TO see his
wife that day, although they saw her the next
day. Mr.. Olmstead, however, never allowed
witness or her mother to sit up with
his wife altar that. Mrs Olmstead remained
In bed from that time until her death. Witness
called upon her sister frequently after that
but often was kept waiting a long time by Mr.
Olmstead before being admitted to her sisters
presence-once for several Unconstitutional
Mr. Olmstead, the trained nurse and servants
passed in and out of the sick room
WHEN SHE HEARD OF The DEATH.
Witness first heard Of her sisters death about
midnight OF the day of her death through
telephone message from the nurse.
Witness replied that she would 60 right
down. but she received notice that she should
not come until the next morning. She went at Ii
clock the next morning and found everything
done. Mr.. Olmstead could not be seen, but was
seen that evening. He told witness that he had
completed all the funeral arrangements. The
funeral services we're held at
o'clock Monday afternoon. the BODY being
deposited in a vault at Oak Hill Cemetery
and buried the next morning at O'Clock
Mrs. Ball stated that Mrs. Olmstead
seemed to be covered BY her husband,
and never really herself the last several months
band having painting of his first wife over
| their bed.
CRoss-ExAMrNATIoN.
The examination in chief of Mrs Ball was
concluded this morning. and Mr.. H.
Z. Davis sought by cross-examination to
show that the witness had only con-
tested the will of her sister in order TO prevent
Mr.. Olmstead from further prosecuting the
case in equity instituted by his wife against
witness and her mother. Mrs. Ball
denied that such was her purpose in
contesting the will. she having acted upon the
| advice of her counsel. who advised her to do
what she could to break il. The delay in con-
| testing the VIII was due to her mothers inabil-
ity. through illness, TO be consulted in the
matter.
Without concluding ihe cross-examination of
Mrs. Ball, the court, at 1880, took q recess for
hall an hour.
The cross-examination of Mrs. Bail was re-
sumed after recess. She said that
Mr.. olmstead, after his wife's death.
once said to her that she might
have some articles belonging to his
wife if witness would go TO the fats with him
She refused to do this unless MIR. Olmstead per-
United a cousin Of witness to accompany them.
he refused to do that. Mrs Ball Explained that she
desired her cousin to accompany them because
Mr.. Oimstead had SO often misconstrued what
she had said in conversation with him that she
was unwilling to accompany him unattended.
Mr.. Olmstead had often requested wit
ness to help him break her fathers
will. that the estate might be
divided under the Law, saying he would
guarantee witness an annual income
of $4,000. Mr.. Olmstead had also
often advised Mrs. Hutchinson to
break the will Her sister. said Mrs. Ball. be-
came a changed being almost Immediately after
her marriage with Mr.. Olmstead.
THISKs MRS. oLMs-EAp WAS AFRAID OF HER
HUSBAND.
"That is, suggested Mr.. Davis, ''she be-
came her husbands wife more than her sisters
sister or her mothers daughter"
''Yes," replied Mr.. Ball. but I believe that
she WAS afraid Of him, and believe that my
sister stopped coming to see us because she was
afraid of her husband"
Continuing. Mrs. Ball said Mr.. Olmstead was
a ma she never liked and sine presumed he