Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-04-20
THE oLMsrEAD WILL CASE.
Mrs Bale Cross-ExaminationC Concluded
An Adjournment Until Monday.

/ Mrs Bale Croas-ExaminationC Concluded
! An Adjournment Until Monday.
I Yesterday afternoon in the Olms,ead will case
after The Stars report closed the cross-ex-
animation of Mrs. Linda Hutchinson Ball, Who
Katie Hutchinson Olmstead, alleging undue
influence on the part Of John F. Olmstead, the
husband Of the deceased, and to whom Mrs
Oimstead left her property. was con-
c!uded. Mrs. Ball stated that from the
10th o; June, 1889. until her sisters death Mr.
Olmstsad employed a trained nurse. a Miss
Dosher, to attend his wife, whom she had not
seen for two years. Where she was now witness
said she did not know. Her counsel had made
no effort to secure her attendance so far as she
knew.
To Col. Tot.en Mrs. Bal stated that she had
never consented to the probsting OF her sisters
will
Counsel for Mrs Ball then introduced in evil
dence the will of her father. the late Hayward
VI. Hutchinson: the will of her sister Mrs. Ohm
stead; the petition fled in the Probate Court in
June. 1854. by Mrs. Obnssead against her
mother as the executrix of her fathers
estate. the bill fled in the Equity Court
IN August, 1884. BY Mrs. Olmstead against
her mother and sister. and also The will of
Mrs. Hutchinson, which latter document coun-
rel Tor the caveato: Mrs Ball. alleged was
stolen from tine desk of Mrs. Hutchinson several
years ago.anG which Nr. Omstead produced
at the present trial without. as counsel claimed.
ore word o. explanation as TO how it came into
his possession.
MRS. HUTcHfSsoS's WILL
When Mrs. Hutchnson's viii had been read
Col Totten asked that it be flied with the clerk
of the court for safe keeping. He said that it
appeared That the will was taker from the desl.
of Mrs. Hutchinson at her Maryland country
seat in clandesline manner. A very serious
th-D, to do. AID an oi.ute severely punished
ih May land.
Mr.. Davis said that the court had no author
ity to take the document from ont OF the pos
session OF Ar. OliuStead, and he challenged bus
.rieas,s the other side 10 show to the coz
rra,y. The paper had not been offered in evil
Lence by him. ut the request of Col. Totten
he hsd handed ii to him matter of profess
-ional courtesy and Ms brother had re-
sorted 10 trick 10 get bold of and retain
his hold on IL n trick he would Re ashamed OF
ard oue which hi~ brother ought to be ashamed
Of He felt however, that the coIr. would not
assist the other side by taking advantage OF his
Davis decencr.
col. ToTTES's REPLY.
'lry friend calmly replied Col. Totten
has a great deal mere temper than sense"
There was rick practiced. continued Col
Totten. he having merely asked for and re-
ceived what was due him. The paper had been
produced in court during the trial by MIR
Oimstcsd without the slightest expana-
ton TO how he became possessed
of it. The inference that it had been
stolen Jfr. Oinlstead WAS a man who had per-
secuted Mrs. Hutchinson all her life and vas the
worst enerny she kaa. No one had any YiGns
to the will bu. the one who made 1t. Mrs.
Hutchinson. Certainly not W. olmstead.
Mr. Davis said that the suggestion thai his
client had stolen the document was q gratuisous
one. and one for which he cared nothing. Mr..
Oimstesd had rignttuily come into possession
o. The document, he held it mUniment OF
title. and tle coITt had no more right 10 take II
from him than 1t had 20 take his pochet book.
Judge Co'e suggested that Mr.. Davis and Col
TOtIen mad both become unduly excited.
Not |, your honor" interrupted Col Tot
ten. Il am not at all excited In fact. was
never less SO than | am now About ali | care
for what nv brother has said Is this. and Col.
Totten snapped his fingers.
Judge Cole ended the controversy by an
nouncing that he would withhold his decision
n the matter until this morning, and directed
Mr. Davis 10 take the paper and have it in
court this morning.
JUDGE COLES DECISION.
Upon the opening of the court this morning
5udCe Cole said that after considering the mat
ter he had come TO the conclusion that the doc
irg been offered in evidence and that it was a
part OF the case. He would therefore direct
during she present trial il should remain il the
custody u the clerk of the court for the par
poses OF the trial. As to its disposition after
tine trial, lie of course decided nothing.
Mr.. Davis said that he had expected TO be
heard OF the question this morning, and had
come PRE- pared TO submit authorities in sup
port OF his position that the court had no au-
thority to dispossess Mr.. Oimstead of the paper.
Bu.. ~ the court mad decided that tine docu-
ment should remain in tie clerks custody only
during The presen. trial. he submitted to the
Gecision and would therefore hand the paper
TO the clerk
Judge Cole then announced that Or. Stock
still. n son of Juror Stocks.ill, had died last
evening. and unless counse! agreed upon Some
otEer course he would adjourn the trial until
10 O'Clock Monday morning next. Counsel
expressing themselves satisfied with such a
course the trial was .hereupOn adjourned
until next Monday.