Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-01
THE OLMsTEAD WILL CASE.
Continuation of the Examin ation-ir-Chie,
of Mr. Olmstead

| of Mr. Olmstead.
The hearing of the Olmstead will case. il
which Mrs. Linda Hutchinson Ball contests III,
validity of the will of her sister, the late Mrs
John +. Olrnstead, upon the alleged grounds
of undue influence and the inability OF
the deceased to make a will at the time. June 6
1889, was resumed before jury in Circuit
Court. No. 2, Judge Cole, this morning. wher
the examinaton-in-chief of MIR. John +. Ohm.
stead, the caveatee, was continued.
Mr.. Olmstead stated that his wife first learned
that her fathers body had been taken from
she visited the cemetery to place
flowers upon the grave. She was never
gwen key to the vault. The witness then
proceeded to correct a number of errors
which appeared in the stenographer's report of
his testimony. lie said he had made every
effort TO lind the trained nurse Miss
Dosher, who attended his wife, but had failed 10
find her. Since Friday last he had been twice
to Rockville. Md. where he informed she
was. in his efforts to find the woman.
He had always endeavored treat Mrs
Hutchinson with all the consideration due a
lady and the mother OF his wife. He had never
said he did not want any of the id
relations about. His instructions to the ser
wants concerning their seeing his wife were
general, applicable TO all others. and were based
upon the advice of either the physician or nurse
He HAD never refused TO allow Mrs. Hutchinson
or Mrs. Ball TO see his wife when
she was well enough to See them. His first and
second wives were buried in the same grave at
Oak Hill cemetery. She had often expressed
wish to be buried there.
MRS. BALLS STATEMENTS DENIED.
After the recess, during which the court of
appeals organized, air. Olmsteads examination
was resumed by MIR. Davis. Mr.. Oimstead de-
MED Mrs. Balls statements as to his wife never
doing anything without his direction,
There was never any one of better disposition
than Mrs. Oimstead. and happier or SUMMER.
She never doleful. He never knew
of Mrs. Ball during the illness of her father
leaving the house at l or 2 o'clock
in the morning and returning at or T. She
generally left about or 10 o'clock. He had
accompanied her home several times.
He denied Mrs. Balls statement that
be ruled his wife. 1t was true
that they (AIrs. Ball and his wife) were not out
together much, and after February Mrs. Ohm
stead was out socially but seldom. He did
not remember forbldding his wife playing
piece on the ban 10. He was not in the
habit of influencing her as to her
PLAYING or singing. Johnnie. Get Your H air
Cut was not particular favorite of his. He
liked "Whoa. Emma. better, but he was willing
to listen to her playing and singing anything.
His wife was very brainy woman, like her
father, Of quick perceptions.
DID NOT SUGGEST THE WILL.
Mrs. Olmstead had asked as to making will
without any suggestion from him. and day or
two after she brought up the subject and he said
a lawyer had better draw her will and asked as to
Mr.. Iat;ingly. A few days after he spoke
to Mr.. Mattingiy about IL. He never spoke 10
her to the contents. Mr.. MattiIgly pre-
pared the will and DIR. Sewers and
Mr.. Waters witnessed it. He was in
the dining room when it was executed.
Witness did not the will and
did not fully know the contents till after Mr..
Mattingly had filed it. He did not know that
Mrs. Eamsdeii disliked him until she stated.
He admitted that he told DR.. Sewers that Mrs
Olmstead seemed worried about her
mother coming there, for she would ccme
richly dressed and sit ali day in
chair locking at her. He de-
MED that he ever had occasion to be asked for
a quarter by Mrs. Olmste2d. for she had money
of her own and had helped herself from his
pocket at times. Mr.. Olmsteai then described
the diagram of the house, which was examined
by the jury.
CRoss-ExAMISED BY COL TOTEM.
This closed the examination in chief Of Mr..
Olmstead, and to Col. Totten the witness
said he was born near Rochester. New
York, in 1871. His father. Franklin
White Oimstead. was preacher He still lived.
Witness had brother and two sisters: they
were stu alive. Mr.. Oimstead said he came
here in 1861, and went into the
real estate business as clerk
with r. NJ. Hail. Mrs. Olmstead had met the
father and one Of the sisters of witness. Mr..
Hutchinson never met any Of the family Of
witness.
After his connection with r. NJ. Hall. witness
entered the real estate firm of KiIbourn 4 Ltata,
and remained member of the firm until il
dissolved in 1877. Then engaged with
Mr.. kilbourn in the same business,
and later bought him out. Since his wife's
death witness had lived mostly in New York
he at times dealt in securities. His wife, after
the Sd of March, 1859, changed woman,
that is, not SO well. Mr.. Hutchinson had a
deposit with Middletons bank. He did not
remember that he had refused to give his wife,
silver cup to Mr.. John Webb, who Mrs Hutch
lnson had sent for 1t. lie did not give Mrs.
Hutchinson her will because she never asked
him for it.
Col. Totten-"Did she know that you had it?'
Mr.. Olms tead-"No, SIR