Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-10-12
Clyde Cullen's Story Still Under
49, Discussion.
Mr. DEVLIN NEVER HEARD OF Him
What is Said by Judge Mande-
viIIe's LandIady.
THE LAW OBJ THE CASE


courts. An act of Maryland of 1898. which
law is said to be in full force here today,
provides that if any, private person in whose
possession or CUSTODY a will or codicil shall
De- after the death of the maker thereof,
snail Wlllfully neglect to deliver the same TO
the register Of wills or to some executor
named IN the instrument, for the space of
three months after the death of the maker,
ne or she then offending shall be subject
on conviction ia cburt of law to such une
as the court shall m their discretion think
proper: And ut has been held, it is said,
lhat -Where person neglects to SO deliver
part OF Will that person Is as much liable
as II delivery of the entire will had not beer,
made. ~ NV 0ee1A
n,Tu men the attention of Register of
WIS McGill was called to this law by a
gar reporter today Mr. McGill stated that
II IL should prove true that Cullen has an
offended he had no doubt that the atten.
.loii OF TIE court would be called to the
mater py some of the interested parties
Mnen the court would institute proceedings
against Cullen. But Mr.. McGill stated thar
ne knew nothing more about the matter
IMAM what he had seen in the newspapers
asu Ieit mat the court and not the register
VI Wills should proceed in the case pro-
law. 'to"'eo INC
In Case of Mutilatfon.
Inc Maryland act referred to provides
also that If any person to whom a will or
codicil has been given by tho maker for
SAFE custody shall alter or destroy the
same, or shall willfully secrete it for six
months after said person becomes aware of
lhe aeatn OF the maker, the offending party
SMaii De punished as if guilty OF larceny
me punishment for larceny 0irs. offense)
IS IMPRISONMENT in the penitentiary for moi
less IMAM one nor more than three years
But 1t Is claimed that this law applies only
ha fas:
triA aehvered his or her WILL and not TO a
person 10 whom the Instrument came
ni ioush ahother party. Hence, as it is
sald Judge Holt delivered his alleged will
10 Judge Vaudeville and not to Mr.. Cullen.
IT Is contended Cullen could not be pun-
i i'i Tor altering or failing to deliver the
R,,t u ne, up WITHIN the prescribed period.
but' on the other hand. 1t is claimed by
some mat the intent and scope of the law
IN question is broad enough to cover inst
s su case, and that direct delivery to
.he ohenoing person by the maker of the
instrument Is not necessary to render the
law applicants. I
Mnndevflfe's Will.
AS stated in yesterdays Star, the late
LOUIS Dagger was not the executor of Judge
MahoeV!.-e, and this is concusyely proven
by MS (Aiandevilles) will, on file here The
instrument, written by the testator himself,
is dated April q. 1892, and Adelaide A. Jones
- naihea as eXecutrlx, ne mention what
ever peing made therein of Louis Bagser,
WHO CuIieh Claims was the executor OF
Judge Vaudeville. The will was filed with
the register of wills April ~ 1899, but the
only thing ever done in the case was the
appearance of one of the three Witnesses
+. f.. Stebbins, The eXecutrix never oua1,
nea, and the other two witnesses-William
Burke and Arthur II. Giles-neyer appear red
10 swear to the correctness Of their sigma
| lures.
Judge Vaudeville states In his will that
ne had resided hare since 1864, and express
ca the desire TO be buried III his cemetery
iot IN the town of Webster. Monroe county.
N. Y: With the Wal, the testatar stated,
would be inclpsed a memorandum OF his
ohlisations, which he requested his. execll,
rix to see paid. He states, too, that he
Possessed 70 real estate, but had con-
tract Tor fees payable to him by Charles
Murphy of Vallejo Cal Fer the collec-
ton OF this he stated he had made an
agreement with WIS. Eliprin. a Washing
som attorney. . 9pon he payment of the
| paid to his faithful friends Mrs Eliza
beth Dousherty. and her daughter, Mrs.
Adelaide A. fJones' or the survivor Of
either" Then. after his debts were paid
| by them, he directed that the balance and
| all his other property Should be equally
divided. they to have one-half. and the
other half to be paid to the testatcrs IA
Their. VIM. H. MandeviHe OF Webster. n.
Y, or to the latter's heirs
The handwriting of Judge Vaudeville, as
exhtbited IN his will. was particularly bold,
free and flowing, not in the slightest man
Ter resembling that of Judge Holt
Mrs. jones' Story.
The story about Lawyer James Hawley
Vaudeville having written the postal card
to Cullen and the belief that it can be es-
tablished through the handwriting that
| the mysterious Holt will was written by
| Mr.. Vaudeville. was exploded this morning
by Mrs Jones, wife of Col Frank Jones
| of 3103 P street.
Mrs. Jones laughed heartily at the story
as she says the postal was written by her..
At the same time she wrote a postal to
DR.. Corey of one of the Washington Meth
| odist churches Mr.. Vaudeville was al
most absolutely bird at the time and was
confined to his room. For months he had
hardly been able to- distinguish day from,
night. MIR. Vaudeville. she says, wrote
free, round hand. Hers is rather a
cramped one. A few lines from her would
prove that the postal penmanship was
hers She new MIR. Vaudeville thorough
ly. He had been living at her house for
eight years. He was the most exemplary
character, she said, that she had ever
known. Just before his death he said to
her, "NTy life has been free from blemish
l say the sun has Shone on every act"
His alleged connection with the will, Mrs
Jones has no hesitancy in saying, was far
beneath him. His respect for honor was
| too high He knew Judge Holt but was
never his attorney. She is positive OF this.
He would have spoken of it, for he told
every thing but the confidence of his clients
to his friends the Joneses. When asked
what she knew about the gift or bequest of
desk to Cullen, Mrs. Jones said nearly a
year before Mr.. Vaudeville died and on his
removal to q new office in the Atlantic
building he got rid of his old desk and pur-
chased new one with other furniture He
spoke much of the details of his business at
the Jones home and said he had sold his
old desk. Mrs. Jones remembers this well.
Even had he given 1t away there is hardly
possibility that he would give papers
away with it. particularly while he was
still in business. Just at this time he was
engaged in a big fight against the Eastern
Railroad Association. Vaudeville repre-
sented Tubman of Baltimore, who Invented
the car bay window which tine association
was using without right. Vaudeville had
accomplished much. and one of his last
acts was the presentation of his case be-
fore a special congressional committee. He
was almost totally blind then. Finally he
gave up business, deplored his uselessness
and daily prayed for death.
Gave His Desk to DIR. Manchester.
A few weeks before it came he told Mrs
Jones that he had given his new office
desk to the brother of DR.. Muncaster Of
H street near 18th. The doctor had refused
to accept anything for treatment and he
gave the desk to him as an evidence Of
appreciation and gratitude. He brought a