Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-04-27


most pleasant and affectionate.
Mr. MArrINaLY A WITNESS
Mr.. Davis then called Mr.. William f. Mat
tingiy, who had been the attorney OF John F.
Olmstead and had represented Hayward NJ.
Hutchinson IN one or two suits. Mr.. Mattingly
said tina: he had been called TO the Office of Gen
Jerries, the attorney for Mr.. Hutchinson. in
regard TO the latter's will. as GEN Jeffries was
not familiar with the form Of attestation At 6
O'Clock of the evening Mr. Hutchinson made
his viii Mr.. MattinSly went TO the house where
he found DR.. Sewers and Mr.. James. He had
drawn up will which Mr.. Hutchinson read, or
he read 10 him.
Mr.. Davis examinati on Of Mr. Ma.tinglv as
to the conversation between himself and Mr.
hutchinson was objected 10 on the ground that
this was confidential communication. The
caveator produced the account from the Pro-
bate Court showing tina; Mr.. Matungly had
chsrged 500 for drawing three wills Mr..
Davis replied that since Mr.. Mattinglv was
subscribing witness to the will he could tell all
he knew about II. As the conversation was in
the presence of DIR. Sewers it could not be
called a confidential communication.
TESTIMONY ADMITTED.
Judge Cole held that what had been said in
the presence Of DR.. Sewers was admissible. to
which Col. Totten took an exception on the
ground that this was a privileged communica-
ton and irrelevant
Continuing. Mr.. Mattingly said that Mr.
Hutchinson asked him what disposition would
be made Of his estate by law in case he died
intestate. The explanation seemed to impress
him favorably. and he asked Mr.. Mattingly TO
call later as he wanted TO consult with his wife.
When witness returned Mr.. Hutchinson told
him that he wanted to leave all his property to
his wife during her lifetime and at her death
to his two daughters. There was a
large amount of property in his wife's
name which he wished to have de-
scend to his daughters, and asked
how this could be arranged The wit
ness explained that Mr.. and Mrs. Hutcnin-
son could both draw their wills then, and this
was done Both wills were taken by witness.
When Mr.. Hutchinson died his will was filed in
the registers Office. Mrs. Hutchinson's will
had been sent to Mr.. W. b. Webb, accompanied
by q note, which, it appeared. was lost.
copy of the note was read from Mr.. Mattingly's
letter-book. in which he informed Mr.. Webb
that Mr.. Hutchinson had made q will SO favor
able TO his wife in consideration Of that will
made by her. The letter, however, was not
admitted as evidence by the court.
MRS. oLMsrEAD's WILL IDENTIFIED.
The examin alton Of Mr.. Mattingiy was re-
sumed this morning by Mr.. Davis. Mr.. Mat
tingly said he had no connection with the es-
tate OF Hayward N. Hutchinson after the
death of Mr.. Hutchinson. The witness
identified the will of Mrs. Olms.ead and said it
was in his handwriting. He drew it at the
Portland Flats the evening II was signed. He
reached there about 8 o clock on the evening OF
the day it was made and found Mr.. an5 Mrs.
Olmstead together. He chatted with them for
a short time, when Mr.. Olmstead left the room.
Mrs. Olmstead then told witness what sor. Of q
will she desired to make.
AN OBJECTION ovERRrIEp.
Col. Totem objected to what Mrs Olmstead
said to Mr.. Mattingly, on the ground that he
was her attorney, and that to relate what she
said to him would be violation Of the con-
fdential relations existing between attorney
and client.
Mr.. Davis claimed that Mr.. Mattingly, as one
OF the witnesses to the will, was made a compe-
tent witness as to the testatrix's wishes. Be-
sides, the right to waive the privilege was the
caveatee's, as he was the legal representative Of
the testatrix.
The Conrt-That is the very Question at Issue
here. That is, whether the cayeatee or Mrs.
Ball. the caveator and the heir-at-iaw. was the
legal representative OF the deceased. The
material question was the state OF the tes-
tatrix's mind a: the time. and on that ground
he would permit Mr.. Mattingly 10 tell what
Mrs. Olmstead said to him. Col. Totten noted
an exception.
WHAT MRS. oLMsTEAD DESIRED.
Mr.. Mattingly then said that Mrs. olmstead
told him that she wished to make a will which
would leave everything she possessed to her
husband. He asked her if she understood that
such a will would give to her husband all
her interest in her fathers estate. and she
remarked that she did He then
drew up the will and gave it to her to read.
She complained that her ewes hurt her and re-
quested him to read il to her. which he did.
He then asked her if she understood it and
wished to have it witnessed. She said she did,
and she acknowledged and signed it in
the presence of Dr.Sowers Mr.. Waters and
himself. He took the will away with him, and
it remained in his possession until he filed il in
the Probate Court. Mr.. Oimstead never re-
quested witness to divulge Its contents. nor did
witness make him acquainted with it's contents.
NEVER KNEW MORE AFFEcTIoNArE COUPLE.
Mr.. Mattingly said he had been well &C.
quainted with Mr.. and Mrs. 0lmstead, and
never knew a more affectionate couple. He
never saw anything in their conduct to indicate
that Mrs. Oimstead was afraid of her husband,
or that she was dominated by him.
To Mr.. john S. Webb MIR. Mattingly stated
that he had been Mr.. 0lmstead's attorney for
twenty years. Gen. Jefiries was also Mr..
Olmstead's attorney. He did not remember
just when he filed Mrs. Olmstead's will
JOHN W. WATERS.
John ". Waters said he had known Mr..
Olmstead ten or twelve years and had been his
clerk. Was in his employ at the time Of Mr..
Olms.ead' 6 marriage to Miss Hutchinson. On the
evening Mrs. 0lmstead msde her will witness
WAS looking over Mr.. Olmstead's book IN an ad-
joining room at the Portland Flats. While at
work he was called TO witness paper which he
WAS told was Mrs. Oimsteads Will be, DR..
Sewers and Mr.. Mattingly witnessed it in her
presence and then he returned TO his work.
The witness said Mr.. Olmstead was working
in the room with him when be WAS summoned
to witness the will He did not remember what
became of Mr.. Olmstead when witness left the
room. When Mrs. Olmstead made the Will she
seemed, SO far as witness knew, conscious Of
knowing what she was doing.
To Col. Totten he said he did not remember
who called him to witness the will. His i'm
preston was that Mr.. Oimstead was in the room
when his wife signed the will
HOWARD 8. NYMAN.
Howard S. Nyman said he had kno wn Mr..
Olmstead since 1872, and knew his wife, Miss
Hutchinson. from her childhood. After their
marriage be often called upon Mr. and Mrs.
Oimstead. He often escorted her to the meet
ings Of q musical ASSOCIATION, of which both
were members. Mr.. and Mrs. Olmstead ap-
peared to be = very affectionate couple Mrs
Olmstead never acted as II she was afraid OF
her husband.
John Paul Jones said he knew Mr.. and Mrs.
Olmstead we'll He lived at the Portland Flats
at the time thew did, and met them frequently.
Al far - he observed be concluded that they
were an extremely afectionste couple.
MRs. BALL CALLED, But NOT REQUIRED TO
ANSWER.
Mr. Davis then called Mrs. Ball, the caveator,