The Providence news. (Providence [R.I.]) 1891-1906, 1895-12-31

The will OF 1888 was not carried up 10
Mr.. Alysworth at the final signing OF the
last win, although II had been before
Mr.. Aylsworth at all.
Mr.. Brown "wby didn't you give II
10 Eli AlysworthY"
Mr.. Greene: 81 had had 1t in charge
for a good many years and he didn't ask
me for it.
Lawyer Brown wanted to know why
the previois will was not destroyed. Mr..
Ripley objected. Mr.. Brown insisted,
stating that there was very strong in
ference in preserving the old viii that
there We're doubts as TO sanity Of the
deceased and the old VIII was preserved as
a safeguard.
Judge Rogers ruled the question out
which was noted.
Relative TO the codicils, Mr. Brown
asked witness when he was asked TO draw
one and Lawyer Greene replied that Mr.
Jepterson was the first one TO ask him
about a codicil.
"who first informed you that q codicil
was TO be- made?"
Judge Aylsworth himself"
"what did he tell you that he wanted
done?"
"That he wanted to make some changes
in his will.
"What changes?"
sRelative 10 the annuities.
"when you went to see him did you
take the will of 1892 w,th you?'
~ am not sure, / had the will OF 1888
with me-"
"The will OF 1892 had not been in the pos
session of Judge Aylsworth from the
time OF :ts execution until the making
Of the ccdicil, had it?''
al do not think that he had a copy Of
it,"
"what took place at the first inter-
view?"
"Judge Aylsworth told me how he
was cutting down some of the bequests. !"
"You then drew up codicil from the
instructions given you at this interview"
"Yes."
Mr. Brown then asked why the annui-
ties OF the several heirs had been cut
down, but witness could give no reason
for any Of these changes.
"The pream BILE and first two clauses OF
the will of 1892 are borrowed from the
will of 1883. Now the fifth clause be-
queaths the book TO two grandsons do
you know what that clause covers?"
"I don't know whether that clause
covers six books or 6O0 P"
"Did you ever see Eli Aylsworth read
| a book?'' r@as9.
Mr.. Passett for the executors objected
| TO this quetiop, but 1t was allowed by the
court and witness replied that be never
had seen Judge Ayiesworth reading a
book.
Mr.. Brown then asked witness IL he had
ever seen the Judge reading Providence
| journal. III
| This question was also objected to but
allowed by Judge Rogers on the grounds
that il tended 10 snow what sort OF a man
the deceased was. Tile answer Of tho
witness was again in the negative.
"The clause for the disposal of the books
did not occur in the previous Will. Did
you know rs matter OF fact that Ell
Ayleswoth had no libyary but that tn,
volumes which you saw at the house
were the property OF Edwin II. Bur
lingame?"
~ did not"
"What was said about the trustees?"
"Mr Phillips had previously been 9
trustee, and he named Mr.. Jefferson al
another"
"What was said about Mr.. Angell?"
Judge Aylsworth looked upon him a
one of his favorite young men,"
Mr.. Samuel :. Sprague was the mex
witness. He was questioned By Mr.
Bassett as TO the dates and signatures or
the instrument which is the cause OF th,
litigation and his direct testimony wat
not Of importance except as it verified
| these names and dates.
Mr.. Brown asked the witness if n,
thought the Judge Aylsworth was OF I
sou nd mind when the witness called a.
the Aylsworth house.
Mr.. Sprague replied that Il he had seer
him in the same condition before h'
signed the will he would not have signet
il.
Mr.. George r. Darling was thon called
10 testify but he was not present and th'
jury were excused until o'clock and op
posing counsels availed themselves OF
the opportunity to discuss points of Law
with which the jury have nothing to do
The discussion was on the question o
the propriety OF not calling certain wit
nesses.
A Second-Story Job.