The evening times., 1895-11-20

Dt
ing. John f. 0lsDstead being on the stand.
| the counsel for caveator in the celebrated
Olspstead win case before Justice Bradley
led up to a proposition. submitted to the
court. for the introduction OF the records
In two transactions in which Mr.. Ohm
stead was implicated. as evidence tend
ing TO iDpeach his character generally. espe-
cixlly with respect to the commission Of
fraud.
Attorney Perry said 1t was his purpose to
question the witness as to other fraudulent
transactions in which he might have been
engaged, the Issue in this case being a
charge of fraud and also Of undue influence,
of his credibility.
He argued that it was entirely competent
to introduce such records and prove by
the witness his own identity with the party
there shown to haze been engaged in
a transa ctiun similar to that involved
by this suit.
The offer was opposed by Attorney H.
e. DAVIS, of counsel for caveatec, who
contended that such introduction is not
sustained by law. Thereare very many rea-
SONS, he said, why some records may be
admitted and others rejected. criminal
record may be, because in that case the
whole people are interested as against the
particular Individual. In the other the
issue is between two individuals. In no
case can the record offered be admitted.
REFUSED BY THE JUDGE.
ITO Me-" said Justice Bradley, there
seems TO be bread distinction between
the offer of a criminal record, as noted by
Mr.. Perry, and the offer as made in this
case. We cannot so into that matter"
Rending from decisions In support Of his
conclusion, Justice Bradley sustained the
objection made To the offer.
Tie last question propOunded by Mr..
Perry, prior TO the cebaic of his PROPOSE
uon, was:
Are YOU the party charged in the record
of this case as having been guilty of fraud?"
The answer was in the affirmative, but
BIZ the discussion, and upon rendering his
decision Judge Bradley adjourned court
the further examination was interrupted
until l o'clock.
Mr. Oimstead's prior testimony was de-
scriptive OF the amicable relations between
himself aud bis wife. He denied that he
had used undue influence upon her to pro-
cure her favor in the making of the con-
tested win He did not know what the
will contained until he saw 1t in the office
of the register of Wills subsequent to her
death.
He told of their last drive togcther-ou a
She was feeling unusually well, and on
several occasions during the drive grasped
the lines and did the driving. That same
night she awakened him by her screaming,
aud DIR. Sewers was summoned. When
the doctor arrived she was unconscious, but
afterward rallied and lived for several
weeks. The will had been previously
drawn. Mrs. Olmstead had asked the wit
ness on one occasion how to proceed in
the framing of a will. and he had instructed
her AZ to the forms, but no intimation was
then made Of the probable disposition of
the property.
DEALT IN STOCKS.
Ia the cross-examination coun sci led him
q chase through his several business ira rs
actions. from his connection with the Army
in Baltimore. down TO the time OF Lis sec
ond marriage and thereafter. He was in
real estate. first san employe. then with
guaranteed sainry. afterwards as prin-
cfpai He admitted having dealt in
stocks. and to have ssisted others in deal
ing in stocks.
He was questioned also as to hts knowl-
edge OF his wife's cousin. Miss Hutchinson,
and whether or nut his wife was hostile
to her. He answered that Mrs. OtHstead
was not overfond Of Miss Hutch hinson,
but not hostile to her.
Mrs 0lmstead' 8 habit OF taking his team
from wherever it might be found in the
street and driving off with II, leaving him
with no conveyance, was adverted to. and
he said this occurred very often.
They often arose in the night, and. Con
ming their wrappers, would cat terrapin:
sometimes would bayeother rediblesbrought,
but often 1t would be terrapin.
He was asked what his purpose was In
preserving his wifes letters, and replied
that u was merely n accident. or Incident,
but n forward sa id IL Eos Da RI of hiSmeth-
cd to keep all of his own letters. Finding
his wife's correspondence after her death,
ne cared for it 3s he had been in the habit
OF doing with his Own.
His whereabouts q fter his wife's deccase
was made a subject of examination, aud he
gave an account of bis journeyings here and
In Europe