Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-04-28
THE OLMsrEAD WILL CASE.
OF the Testimony BEFORE the
Jury Today.

Jury To-Day.
nR. oLMsrEAp MAKES DENIAL OF MANY STATE
nESrs MADE BY MRS. HUTCHINSON AND nRs-
BALL-oES. yxrFRIEs, SENATOR AND MISS
VOORHEES, AND OTHERS GIVE EVIDENCE
The Olmstead will case was adjourned yester-
day afternoon until this morning before the
conclusion Of the examination in chief Of the
caveatee, Mr.. John F. olmstesd, had been
reached After TIE Stars report closed yes
terday Mr.. Olmstead said. referring TO the 18th
Of June. 1882 the day his wife suffered the
convulsion. that after returning from their
drive she was about TO change her dress to
visit some neighbor, and he suggested that she
ought TO remain in. 1t was about 1870 or IL
O'Clock when she became sick. She complained
of pains in the head. and he at once telephoned
TO DIR. Sewers The doctor did not say that 10
was a CONFUSION, and when witness told Of the
drive DR.. Sewers said that he feared il too
much exercise for her. Mrs. Hutchinson was a
depositor of over 100000 in Middleton 4
Co. . Bank, as he had learned from Mrs. Ball.
WHAT HE ADVISED MRS. HUTCHINSON.
Witness having learned something indicating
that some of the banks were not sound went TO
Mrs. Hutchinson and advised that if they had
be safer 10 deposit II in a number of banks,
and suggested that she give checks TO Mrs.
Ball and Mr.. Ball, but did not suggest a check
for himself They seemed grateful TO him for
the information. Their relations were not
altogether cordial at the time. The failure of
Middleton Il Co. was in 1854 The petition
filed by Mrs. Olmstead against her mother in
June, 1854. calling her to account for the
management OF the estate, WAS In consequence
Of the Middleton failure, and was. he might
say, suggested by the filing of the petition he
suggested II TO his wife and took the advice OF
Mr.. Mattingly. having a number Of consulta-
tons with him. Mrs. Olmstesd knew, he said
that So, 900 was included in the SlOO 600 loss
for he .old her.
Mr.. Olmstead was asked il the Middletons did
not go on Mrs. Hutchinson's bond as eNecu-
trix, but Mr. Totten suggested that the best
proof was the bond itself.
GEN. JEFFRIEs A WITNESS
This morning Noah L. Jeffrles was called to
the stand, the examination of Mr. oimstead
being suspended for the time. Mr.. Jeffries
said that he WAS intimately acquainted with the
late Hayward NJ. Hutchinson. and acted as his
attorney. The witness was questioned by Mr..
Davis as TO the draft of the Will drawn by the
witness for Mr. Hutchinson. Col rotten OBJ
jected and the objection was sustained. The
witness identified Mrs. Hutchinson's will, stat
ing that he had drawn ii. He had known Mr..
Olmstead since 1876, and also knew his wife.
He regarded them a very affectIonate couple.
To Col. Totten Mr.. Jetfries said be had been
Mr.. Olmstead's attorney for a number Of years
MRS. ALICE h. BROWN.
Mrs. Alice h. Brown stated that she had re-
sided in the Portland Flats since 1851, and was
well acquainted with Mr.. and Mrs olmstead.
He was kind, fond husband and she an affec-
tionate wife. Witness had heard Mrs. Ohm
stead express some time previous to her death
determination to make a will. such she
eventually did.
To Col Totten Mrs Brown said it was about
year or so previous to Mrs. Olmsteads death
that she made the remark as to her will. 1T
was made" explained the witness, lin an idle
conversation, such as women indulge IN
Then you admit, Mrs. Brown" remarked
Col. Totten, THAT ladies do sometimes indulge
In idle talk:
The witness-"Oh, yes; frequently"
MRS. adobe NASH.
Mrs. Addie Nash, the colored servant of the
Olmsteads, was recalled by Mr.. Davis for
further cross-examination. She said she could
read print a little with glasses She was handed
a copy of The STAR and read a line or two
from 1t.
MIR. Olmstead then resumed the stand. He
said that Mrs. Hutchinson never assented TO the
claims Of his wife.
WHY MRS. oLMsTEAD FILED HER PETITION.
Mr. Olmstead said the fact that ID. w. Mid
dleton was on Mrs. Hutchinson's bond of
$50. 900 as executrix caused his wife to file
the petition in the Probate Court after the fail
ure of Middleton Co. August l, 1884, the
petition was Withdrawn and bill in
equity covering the same grounds filed
The equity case was still pending. Mrs. Hutch
inson was mistaken when she said that he (wit-
ness) went to the National Deposit Company
fnr he In
illness Of Mr.. Hutchinson witness was at the
house most OF the time. sitting up with him a
part Of every night At the request of
Mr.. Hutchinson witness sent for Gen. Jeffries
to draw her will Witness knew nothing of its
contents. and made no inquiries concerning the
matter. At the time Gen. Jeffries was with
Mr. Hutchinson drawing the will witness was
called into the room to designate the proper
ties held by Mr. and Mrs. Hutchinson
SENATOR d. W. VOORHEES,
The examination of Mr.. Olmstead was inter-
rupted to allow Senator Daniel W. voorhees,
and his daughter TO testify. The Senator said
he had known Mr.. Olmstead since 1867. He
also knew the first and second Mrs. Olmstead
He and his family resided at the Portland
Flats at the time the Olmsteads
did. The families were very intimate. From
his observation of them he regarded Mr. and
Mrs. Olmstead an unusually affectionate
couple and particularly happy one. He never
saw anything which In the least way indicated
that Mrs. Olmstead was, through fear of her
husband under his dominion.
The testimony of Miss Voorhees, was to the
same effect she remarkinS that. had any one
suggested that Mrs. Olmstead was afraid of her
husband, she would have laughed at it.
Mr. oLMsrEAD RESUMES.
Again resuming the stand, Mr.. Olmstead said
he never saw Mr.. Hutchinson's box which was
taken from the National Deposit Company
safe. Mr.. Hutchinson began to talk to him
about the viii, when Mrs Hutchinson came
in the room, when nothing more was said
Witness did not hear what was said by Mr.
Hutchinson to Mr.. Msttingly, to the con-
tents of the will he made. He was at the house
when Mattingly came. He knew nothing at the
time of the execution of the will OF Mrs Hutchin-
son. He was not present at the execution of Mr..
Hutchinsons will and did not see it until some
months afterward The will was made April "a,
and Mr.. Hutchinson died Nav 10. After he
made his will Mr.. Hutchinson told witness
that he had to make the will, but that he did
not want to do it. He never told witness what
| the contents Of the will were, but told him to
take care of Katie, the wife of witness.
AFTER MRS. HUTcHINsoN's FUNERAL.
Mr.. Olmstead said that on the way back from
the cemetery he made no allusion to the dia-
monds referred to. On reaching the
house after the funeral he and his
wife were invited to remain to dinner,
but he declined, because he could not
bear to enter the dining room Of a
friend after that friends death. He
dao;ed that fhara Uaa any nnnlaa an nj acana NJ