The herald., 1894-10-10
DR.. SURMAN IS EMBARRASSED
A Written Statement Produced
on Him.
Which Does Not Tally With His
Testimony.
Cen. John Mansfield Tells How Mrs.
Annie A. Pratt Gave Him Her
VIII to Keep-rhe Miss
ing Envelope.

The Pratt will contest got under way
again yesterday afternoon after rest OF
few days.
When the case was continued last
week DR.. James Surman of Portland.
Oregon, an old friend OF Mrs. Annie A.
Pratt, in her lifetime, was on the witt
ness stand. He was one of the wit
nesses to the will before the court Tor
probate, and testified that Mrs. Pratt
was OF sound mind in 1898, when the
contestants claim her mind was un-
sound.
Yesterday afternoon DR.. Surnsm was
cross examined by Senator White, and
he was considerably tangled up before
the long examination ended.
In the irst place he was questioned
about his statements on direct examine
tion concerning Mrs. Pratt, and reiter-
ated that in his opinion che was amply
able to transact business in January and
February. 1898, when he cav her ct the
house of General Mansfield in thia city.
Mr.. White then produced written
statement of 81 pages which had been
taken down in Portland by Attorney
Hanlon. The statement consisted OF HE
replies to questions by Mr.. Hanlon, and
in it occurred the statement that Mrs.
Pratt was not able to transact business
in January and February, 1898.
These contradictory statements DR..
Surman tried to explain by saying that
he referred more to her physical than
her mental condition in the written
statement.
The witness WAS considerably embar-
rassed when the written document was
produced, and was more SO when Mr.
White started to read it to the jury,
when be interrupted him, and, address
ing no one in particular, but looking at
Attorney Hsnlon, said that he had been
promised that that statement would not
be used in court.
Mr.. White replied that he represented
persons whose interests required that
he should read it.
The doctor did not like it, but he
could not help himself.
The statement, in addition to the ref
erence to Mrs. P-att's mental condition,
went at some length into the acqUaint-
anceahip of the witness with the family,
and the details of his witnessing the
execution of the will in 1881.
He WAS rejuyenated~o redirect ex-
animation by Colonel Wells and Judge
Silent, who directed his attention to
conversations in which Mr.. Hanlon re-
ierred to payment for his expenses. He
said that Mr.. Hsnlon told him if he
could testify for their aide of the case
he would guarantee HE expenses to Los
Angeles and his losses to his business by
absence, and there wss talk about $1,000
to $500 in event OF satisfactory termi-
nation Of the case.
On cross-exanlination. again, DR.. Sur
man stated that since his arrival In the
city he had made arrangements with
General ManHiield by which he was to
be paid $400 to cover his expenses and
business lose.
Gen. John Mansfield was called to the
witness stand end partially examined
before adjournment.
Il knew Mrs. Annie A. Pratt" he
stated, land knew her from 1S49 to her
death. NY vile was her sieter. l knew
her in 1885 and saw her in Los Angeles
in that year. also in 1886, in May and
June. During her Welt in 1856, she de-
livered to me what she called her will
the last day of May, 1886. Mrs. Pratt
hhiu tuS Whutcu W co0 LIS Uu eOub Dubl-
ness. She handed me paper and said
"This is my will. Keep it until l call
for it. If l should die in the meantime.
put it in the court" Thatis almost her
exact language. 1t was in large en-
velope, scaled up and endorsed in her
own handwriting: This is my last
will and testament" Her signature
was there and on the left hand margin
corner was. May, long dash, 1856.
| put it in tin box and kept it in my