Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-02
The OLMSTEAD WILL CASE.


Court Today.
SOME SHARP TILTs BETWEEN OPPOSING coUN-
sFL-oBJECT1oNs MADE AND SUSTAINED, AND
EXCEPTIONS NoTED-wITNEssEs CALLED, But
NOT PERMITTED TO TESTIFY.
In the Olmstead will case yesterday. after
The STARS report closed, the cross-examina-
ton OF the caveatee, Mr.. John F. Olmstead,
was concluded with the asking by Col. Totten
OF few unimportant questions, when Mr.. Davis
offered in evidence the records of the equity
suit brought by Mrs. Olmstead against her
mother. and charging her with mismanagement
of the estate.
Mr.. W. 3. Webb was the FIRST witness called
by the caveator in rebuttal. 1t was proposed
to show by him that Mrs. Hutchinson had told
him Of the scene in which Mr.. Olmstead is said
to have figured the night of her husbands death,
soon afterward. The OFFER however. was moi
admitted by the court
DIR. Sewers RECALLED.
DR.. Sewers was recalled and asked what rea.
sons Mr.. Hutchinson had given for making his
will. Tho objection of Mr.. Davis was over
ruled, and DR.. Sewers stated that MIR. Hutchin-
son said to him that he had several times in
tchueu W Audhe his Will, out sOmetNlnS naO
always happened to prevent it. He wished to
leave all his property to his wife, SO tina. she
could secure the utmost enjoyment from it.
Formerly he had held the respect for Mr.. Ohm
stead which he thought was his due. but since
his sickness had watched him and came to the
conclusion that ne was rascal If the prop
erty WAS left that Mr.. Olmstead had any
hold on it there would be no end Of trouble.
This was three days before Mr.. Hutchinson
died.
"Did You not tell Mr.. Olmstead that man in
MIR. Hutchinson's condition likely to turn
on his best friend?'' Mr.. Davis asked. but the
doctor denied this He remembered that Mr..
Hutchinson had said that he wanted the prop
erty to go directly to his daughters at his wife s
death, and not to any "scaliawag of a son-in-
law
SOME SERVANTS TESTIMONY.
1t was after II o'ciock this morning when the
case was resumed Judge Cole having been en-
gagged in the selection Of the juries for Circuit
Court, No. .. and also Criminal Court, No. 2,
for the May term.
Mr.. Davis asked permission to examine an
other witness. but Col. Totten objected on the
ground that the csveatee had closed his case,
and the court sustained the objection.
Mrs. Alice Smith, q colored woman said she
had been employed at the Sitka farm Of the
Hutchinson family. and in March. 1895, Mr.. and
Mrs. Oimstead called and Mr.. Olmstead asked
for the keys. They were given to him. After
they left she found the key Of Mrs. Hutchin-
sons desk in the desk.
10 MIR. Davis the witness said she was sure it
was in March, 1888
Charles smith, the husband of the preceding
witness, corroborated her as to the visit of Mr..
and Mrs. Olmstead to the Sitka farm. He said
he saw Mr. Oimstead sitting at the open desk
examining some papers. Mrs. Olmstead stood
beside her husband. What the papers we're
witness did not know
Mrs. Eliza DENLY, n colored woman residing
in this city, testified that she had lived with
Mr. and Mrs. Olmsteai during the first month
Of their married life. She was present when a
certain picture was hung in Mr.. Olmstead's
room. his den" Despite Mr.. Davis
objection the witness was allowed to state
that one of the pictures WAS the picture of Mr..
Olmstead 3 Iirst wife. He asked witness if she
did not think the picture very pretty one.
Mrs. Olmstead was present ard smiled. bat il
was not good SMILE" remarked the witness.
AN OBJECTION SUSTAINED.
"iour honor" exclaimed Mr.. Davis, 81 OBJ
iect. The witness is not an expert in smiles,
however good a one Col. Totten might be-"
The objection was sustained and the witness.
continuing, said that one morning she found
Mrs. Olmstead i'll tears, when she remarked
that she wished she had never married.
Anna Blake. another colored woman. stated
Z.
Mrs. Omstead. She had seen Mrs Oimstead
crying great deal. One morning.
when she found Mrs Olmstead in
tears. witness inquired what was the
matter. and she replied: 1T seems that the
more you try to please the more you have. "
Once. in 1881, az Mr.. Olmstead left the den, ~
where he and his wife had been in consulta-
tion witness saw Mrs. Oimstead in tears and
heard Mr.. Olmstead say, katie, l want you to
do that"
MRS. BALL RECALLED.
Mrs. Linda Hutchinson Ball, the caveator,
was recalled and stated that on the day her
father made his will she admitted Gen,
Jeffries and Mr.. Olmstead to the
house She said that her mother
and the old family servant took care Of her
father during the day, and that Mr.. Ball sat up
with him most of the night. Mr.. Olmstead
retired early. Mrs. Ball said that the
day her fathers body WAS removed
from the grave to the vault she telephoned
Mrs. Olmstead about it. and Mrs. Oimstead re-
piled, ~ can't come unless Frank comes" Mrs.
Ball replied, VERY well, but they did not 60 to
the cemetery.
MRS. HUTC HINsoN AGAIN
Mrs. Hayward NJ. Hutchinson was next re-
called, and stated that she had given Mrs Ohm.
stead a Brewster brougham, harness and
livery at a cost of 81 900. Mr.. Hutchinson
told witness that his reason for
| making his will was that he wished her to live
as she had while he was alive and unhampered
| BY any one. Her husband told her that if she
ever needed friends to go to the Alaska Company
Mrs. Hutchinson said she had two accounts with
| Middleton's Bank. personal one and one fol
the estate. She had repeatedly requested the
Middletons to put her money IN government
| bonds. The firm put her off and
| told her that there was no danger
of their bank failing. That was the condition
| of affairs when tie firm failed. She had made
every eudeavor to protect both accounts. She
last saw her will in September. 1888.
Mrs. Ramsdeu was recalled and stated that
Mr.. Hutchinson said to her in 1879 that he in.
| tended to make a will
Mr.. Davis objected on the ground that il
| was too remote. and. the objection being sus.
| tanned, Mrs. Ramsdell was excused, and Col
| Totten announced the close of the evidence in
| rebuttal on the part of the caveator, Mrs. Ball
GEN. JEFFRIEs RECALLED, But DOES MOI
TESTIFY.
Mr. Davis then recalled, in surrebuttal, Gen
Jeffries who was asked as to the conversation
he had with Mr.. Hutchinson as to the will he
desired making.
| Col. To.ten objected upon the ground that the
answer would be a violation of the confidential
relations existing between counsel and client.
Mr.. Davis contended that it would be a mon
strous proposition to allow people about the
testat or to testify to the desires Of the tesla
| tor and close the lips of the confidential at.
torney. 1t was 70 the interests of the tesla tor
| that his wishes should be known.
Col Totten said that what Mr. Hutchipeor