The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-10-18
HIS MIND WAS CLEAR.
Evidence i'm Defense of Ken
yon's Mental Capacity.
MANY or HIS FRIENDS TESTIFY.
They Say He Transacted Bassness Al
most 90 His Dyinx Day-fnfsrsss-
Tag Point of Law on . Note.

The defenders OF J. Gardner Kenyon's
will had their first satisfactory inning IN
yesterdays proceedings of the contest
case on trial before Judge Langley, in TIE
library room OF the courthouse. A number
Of witnesses we're heard. whose testimony
materially contradicied that given BY the
contestants as 10 Kenyon's physical and
mental condition shortly before his death.
H. L. Philips, however. admitted on the
cross-exsminssion that ne did no. think
that Kenyon on the Wednesday before his
death was competent 70 make deed OF
conveyance. The trial continue. well at
tended, the opening of ths case for the
defense having aroused renewed interest
George w. Webster had known Kenyon
year before his death. and was superin-
tendent Of construction on his Madison
street building. kenyon controlled his
own affairs. hired his own men and pur-
chased his own material. He was a robust
man, With very red face The witness
detailed a number Of financial transactions
had with Kenyon the Saturday before his
death. in which Kenyon exhibited his
usual care and shire wdnsss, going person
ally into all details aud paying of the
men aud taking their receipts. On
Monday Webster again saw Kenyon.
this time in his room. and attempted
10 80 over some bills with him
but Kenyon was too i'll and said the matter
would have TO be delayed until be was bet
ter. Mentally he appeared as bright as
ever, bat physically ne was 3 sick man.
On the cross-examination Webster was
questioned relative to alleged statements
made by him in Greene & Turner's office
10 the effect that Kenyon was not mt TO
make will, but Webster had no clear
recollection of what he had said.
Mrs. Susie Abernethy had known Ken
yon for ten years. and her husband had
occupied one of kenyon's stores for two
years. She met Kenyon daily up TO the
time of his last illness. He would come
in. and visit in the evening. A week be-
fore his death she noticed he looked bad
and stopped, aud she gave him advice
about the better care of his health. He
talked nationally about his business
and plans, and his intellect appeared
as bright as ever. His face
vas thin, but red as usual.
Thursday. the day on which he died. she
went to his rooms with her 5-year-old son
and knocked at the door. Mrs. Bennett
admitted her. Mrs. Palmer also came in
and reused Kenyon. calling his attention
to Mrs. Aoernethy. Kenyon replied:
Yes. | know Mrs. Abernethy and her
little boy. too" Witness asked Kenyon
about his health and he said II feel
pretty bad" She had no idea he was dy-
ing. aud all his talk was coherent and ra-
tional
Sidney ii. Relf. a civil engineer on the
Port Orchard dry dock, had known Ken
yon since 1890. lie last saw him the Mon
day preceding his death, and had q talk
With him about the Monte Cristo mines,
in which Kenyon seemed much interested,
talking intelligently of the good they
would do the Sound country If successful
Physically he appeared weaker, but gave
no sign of being in q dangerous condition.
While talking 20 him Kenyon doxed off
and Relf quietly left him. Kenyon seemed
perfectly sane and fully capable or under
standing everything said to him.
Mrs. Eva Richardson had known Ken
yon since 1880 and seen HIM daily. He
was q red-faeed, strengthening man, but
during the last week of his life had failed
physically and was thinner. She last
saw him the Tuesday night before his
death. on which occasion he seemed rs
rational as she had always found him.
II. +. Phillips had known Kenyon ten
years. He was wel-buiIt man, with a
red. flushed face. The witness called on
Kenyon tbs Wednesday afternoon before
bis death and had q half-hour talk with
him, In which he displayed his
usual shrewdness. He did not say
much, but answered all questions intelli-
gently. Physically he appeared weak. but
mentally he appeared clear. While
Phillip. was there, Kenyon dozed of
twice during the conversation. On the
cross-examlnsiion Phillips did not think
that kenyon was competent to make out
deed of conveyance.
Charles f. Wh.ttlesey bad done consld-
srshle business with Kenyon, having
known him since 1855 or 1857. lie talked
with him a week or two before his death,
and found him mentally as sound as ever.
Mrs. Mary +. Palmer vas called. but the
contestants raised ,lond Of objections TO
her on the ground that. being one OF the
benshcisries under the wili. her testimony
was not admissible. The legal fight over
this question occupied the attention Of the
court the balance of the afternoon, and the
discussion had not been concluded 81 5
O'Clock. when the court adjourned for the
day. During the argument OF this ques-
ton the jurors were excluded from the
court room. The case will be resumed at
o 30 this morning.