Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-10-16
THE HOLT WILL CASE
No New Facts to Be Presented in
Court Friday.
BOTH SIDES At WORK ON TEE MYSTERY
The Will to Be Attacked From
All Points.
CUJLENs STORY DENIED


So far as can be learned today from the
attorneys for the heirs-at-law who appear
before Judge Hagner in the Probate Court
Friday morning to answer the petition of
Mr.. Luke Devlin, the executor named in
Judge Hollis will of 1873, not a single fact
not already, known to the public will be
adduced. Just what the nature of the
answer to be made by Messrs. Shellabarger
and Wilson is is only vaguely outlined by
what these gentlemen have said. Judge
Wilson said this afternoon that a formal
answer would, of course, be made, but
what it would be he could not say.
AS no later will has been found and there
is no evidence which conclusively annuls
the will of 1873 the case will undoubtedly
be referred to the Equity Court and the bat
tie will be fought out there completely and
at length. In the struggle that will ensue
the formal advantage rests with the heirs
urder the mysterious will and the burden
of proof will be on the heirs-at-law. Both
sides have many strong points in their
favor. and it would be difficult matter to
predict the outcome.
The VIII of '73 to He Assailed.
Washington Holt will arrive in Washing
ton tonight and be present during the pro-
ceedings in court this week. He spent
last week in Washington at work on the
case. and is satisfied that when the time
comes he can produce witnesses to establish
the existence of the alleged will of 1856.
and, for the most part. its terms. From
the general drift of this testimony, there
can be little doubt that if such will was
in existence Mr.. Washington Holt was the
eH ecutor named in it, and he and MS WlIe
were the principal heirs.
1t is certain that Messrs. Sheilabarger q
Wilson will assail the will of rs vigorously
and from every point OF attack possioie
The ,lnaccountably bad condition in which
the document appears, 1t is alleged, casts
upon it the suspicion that it has been IN
bad company and that 1t has been many
years since, in the intention Of Its maker,
it was actually an instrument intended to
convey his property to the heirs named
therein Messrs. Blair Lee and J. J: Oar
lington have been engaged steadily for the
past three weeks upon the case, ana, II is
said, have many interesting facts to throw
irto the general story. What they are they
do not divulge.
An Ingenious Theory.
Beyond all question, there is key to the
mystery, and it is believed that there, are
those living who can make the whole mat
ter clear. Notwithstanding the vast
amount of Information which has been
printed in regard to the case, as usually
to various individuals at work upon 1T that
b1s rot been made public. Any number of
theories have been taken up, and the effort
made to make them coincide with the
established facts of the case.
The most ingenious of these is that for
some reason, which can only be inferred,
Judge Holt prepared the will of 1873 with no
intention that it should dispose of his prop
erty in the manner set forth. Under stress.
in great haste, to satisfy some person who
had some claim upon him, he wrote the in
strument and secured it's ostentatious wit
Messing. Evidences of his haste are pointed
out in the syntaX and the chirography of the
paper. One of these indications IS consid en-
ed the great number of words he wrote be-
fore dipping his pen in the ink. Every point
throughout the paper where his pen ran out
Of ink can be found
This theory of the matter also meets the
criticism that has been made with regard
to Mrs. Sherman's signature. As it was
known that she, because of her sympathy
for Mrs. Surratt, cherished strong anti
patty to Judge Holt, the appearance of her
rame upon the will was surprising to many
people. Only on account of some overpow-
ering reason, it Is said, would she have
been likely to have complied with his re-
quest to place her name on the same paper
With his. and this reason, it is believed, was
secret and private one.
From old clerks in the bureau of military
justice 1t is learned that the practice Of the
office was. all during the years Judge Holt
was judge advocate general, to make in
dorsements on all legal papers on the back
of the lower fold. This is the fold CT the
space which comes On the back of the
first fold of the paper.
Oftentimes. said an old clerk today. in
dorsements would fill up this entire fold,
and then would be made upon the second
and even the third. If the sta tement with
regard to the manner of making these in
dCrsements in the bureau of military JUS
tice is correct, it Is claimed the missing
part of the sheet of legal cap, on which
T,,lr al fr @J,.IJ
fourth of the sheet-bore whatever indorse-
ments he may have made upon the paper
The Cullen Story.
Judge Wilson stated today to Star re-
porter that the Cullen story was entirely
he had never seen Mr.. Cullen, knew nothing
whatever about him, nor Of the truth of
any of his statements. At the time Mr.
Cullen said he was talking with Judge Will
son for an hour the judge was not in Wash
ington. So far can be ascertained Mr..
Cullen's mythical Uncle joe has not yet
reached Washington, nor has the missing
piece of the will been found.
In an interview with The Star reporter
Monday afternoon Mr.. Cullen finally gave
the names of three prominent citizens of
Washington Of high standing, who, ne said,
had seen him fold up the will Of 1873, put
it in an envelope and address il to the
register of wills. The same statement had
beer made for him by friends who inter-
ested themselves in his story.
The three gentlemen named by Mr.. Gull
len We're DR. Featherstonaugh, Mr.. N. T..
Haley and Mr.. J. N. Torbert, all of the
pension office. These gentlemen deny hav-
ir.g any knowledge whatever of Mr.. Cullen
having the will in his possession, and only
know bin and the alleged facts from what
they have read in the newspapers.
Compliments to a Good Citizen.
At the meeting Of the board Of trustees
of the Reform School, yesterday, Mr.. A. ].
Falls called attention to the fact that Mr..