The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-01-26

Iab y ~.
1883. when the frm was Mcdonald. Butlor
~ Snow. He had first gone into the
Office in Septe Der. 1881. as q
student He had. he said. ample
with the hand writing of Senator Melon
alo. The latter wrote his letters in long
hand, and blocked out his briefs IN the
same manner. Witness much of the time
sat AT desk near that OF the testator. and
could watch him writing. lt was also q
part OF his duties TO copy Mr.. McDonald's
letters In the copy press. Many times tho
senator would call him before he bad I'm
lshed. and on such occasions he would
stand and watch him until be had finished.
Senator Mcdonald. the witness continued.
had peculiar way of holding his pen. No
one over held q pen like Mcdonald except
Mcdonald. He held it between his thumb
and finger and against his knuckle. his
hand turned to side so thar
tbs end of the holder. instead
of pointing over his shoulder, pointed az
right angles 10 il. He wrote peculiar
hand, but not one difficult TO read. liz was
neither flowing hand nor a running hand.
1t had peculiar slant. The Senator wrote
with bright steel half.stub pen. Two
which was Stafford's combined copy
ing fluid; did not know whas
the other brand was, but II might have
been Carter's There were always IN his
pen-rack number of penholders, and usu-
ally two or more quills although no had
never seen the Senator use one OF these bus
once.
The witness thought he would know
Senator McDonald's signature IL he should
see It. aud the will was handed TO him.
I'm my judgment this signature is not
genuine" was the comment of the witness
after he had closely scrutiniZed It. The
duplicate was then shown him with the
same result.
Mr.. Butler was then questioned touching
his competency to testify to
the attesting witnesses. Aipheus Snow
and Park Daniels. He had known Snow
ten or fifteen years. he stated. The former
was his brother-in-law and O member of
the firm. and he had seen him writing and
his penmanship frequently. His briefs
were always blocked ont in long hand.
and he had received letters from him fire.
quenty. Park Daniels also had been
his oiass-mate IN college. and after
their school days both had been in the same
Office for years. The Will and duplicate
were again handed to the witness. and as
to both signatures upon both instruments
the answer was the same: "In my judg-
ment this signature is not genuine"
Witness was asked il he recalled visit
OF the defendant. Mrs. Josephine Mo-
Donald, TO the office few days prior 10
Senator McDonaid's death.
He replied that he did. 1t was five or
six days before Senator Mcdonald
died. She came some time after
ana Mrs asked n, s'9 father 0 was
there. l said thought be was. She said
he must be as she had an important en-
gagement. She said should be sure and
fathers office, closing the door behind
her. She was with my father
one-half or three-qusrters Of an
hour. then coming ont took her
departure.
Upon cross-examination, the witness was
asked by Mr.. Harris:
"You are lawyer, are you mott"
81 an"
wasn't itf
"Yes.u
You knew You didn't have to come up
here and testify. did you noti"
"Why did you comet"
AT the request of the attorneys for the
plaintiffs"
"You mean at the request of the plant
iffsP"
AT the request of the attorneys for the
The oross-examination covered a wide
range OF subjects. including the witnesses
trip to Europe in 1890 but nothing
force of witnesses testimony was not weak.
ened. The witness further testified that
Senator Mcdonald had an office in WASH
lngton. where be spent about one-thlrd
of his time during the years
1855 and 1889. During the year of 1890 prob
ably half the Senator's time was spent In
Washington. Witness testified that he
otiioe paper at Wyckoff, seamans
form quality of paper for long time and
the will and duplicate being again pro-
used was, in his opinion exactly
the same kind as that used In their
office. The fasteners. however,
witness testified, were not the same kind
temporarily run out of the clips commonly
used. but witness was posi-
tive these were not the kind
generally bought. There were two
used the Caligraph and Park Daniels the
Remington. The Caligraph was bought
whom Hutchins came into the Office in 1874
The witness had never seen Senator Mo
Donald sign a mortgage or deed but had
seen him sign a deposition and a lease.
THE MORNINGS PROCEEDINGS.
The proceedings of yesterday morning in
the Mcdonald will case were very tame.
The dispute left over from Tuesday as to
the advisibility of the evidence of William
Hay was the first contention disposed of.
The questions put by plaintiffs
counsel to establish that Hay was
sufficiently acquainted with Senator
McDonalds handwriting to make
his testimony competent and Hays an
swers had raised the question of his COM
potency. After argument. and the citation
OF many authorities. Judge Stevenson ruled
tuat the WltnesS mlRnt Will the
preliminary injunction that TINS evidence
should be based on his recollection of the
testator's handwriting as he mad known 10
years ago. refreshed by more recent inves-
LEGATIONS and omparIsons.
The defense asked aud vas granted an
exception. and Mr.. Cropsey handed up To
the witness the will and the duplicate.
After carefully scanning the original, MIR.
Hay said: well. under the instructions OF
the court believe am competent to an
swer. | do not believe that referring
to the will signature) Is the
signature of Joseph l.. Mcdonald.
Having examined the duplicate signature,
the witness said: THAT looks more like
the genuine signature than the other. but
am inclined TO think it, too, is not genu-
lne."
ncross-examination. the witness stated
that the last time he Senator Mo-
Donald write his name was four years ago.
when he entered the Senator's Office TO col
lect bill. and the latter attached his name
to O check.
The next witness introduced was Hillery
Clay, of INDIANAPOLIS Mr.. Clay. testIfying
as 10 his competence. said he became ao-
quaInted with Senator Mcdonald In 1868.
He had frequently seen him in
the act of writing, and was ac-
quanted with his chirography. lie had
received number OF letters from the
testator and was sufficiently familiar with
his handwriting To know ~ " hen he saw
it. Being shown the will Mr.. Clay scruti-
Dized the signature CLOSELY and said: II
lnOilnei n think he