Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1895-07-11


watched the witness with anxiety
painful to be seen.
"Mr. Carruthers," began Torrance,
will you be good enough to state to
this court whether or not you were
present at the execution of a will by
Pearce Amerson? If so, then please
say at about what time, in what capac-
ity you acted, and mention any others
who were there"
eyes, sir, l was present, 1t was in
the summer, July, think, in 1880. !
had been acting as clerk for some time
in Mr.. Wiley Amerson's Office. Mr..
Pearce Amerson came there with Mr..
Lishy Flint and Mr.. William Lilly, and
told his son that he was ready to sign
that will Mr.. Wiley Amerson got 1t
from his desk in the back room and
handed il to his father. He, after
looking it over, called on us to witness
it. We did so after he signed it him
self AS soon as 1t was done, he and
the other two witnesses went away"
'Did he, the old man, ever again
make any allusion to the matter in
your hearing?"
"Yes, sir. About the same time the
next year, when | was again doing
some work for his son, he came to the
office and said to him that he wanted
back his will, and that he intended to
burn it up, because, he said"
"May it please the court" said Wat
son, rising quickly.
"Stop, Mr.. Carruthers," said Tor
rance. IF my brother Watson will al
low me to anticipate his objection to
answering the question, | will say that
my intention in Offering proof of
Pearce Amerson's words was to show
his purpose TO destroy the will, with
which reflection had made him dissat-
isfed, even to disgust. l am frank to
admit that a mere intention TO destroy,
however positive the words in which
such intention Is declared, cannot
amount in law to an annulment or a
revocation. How far such evidence
might be admissible as Il foundation
on which to lay charge of fraud in
preventing the execution of such pur-
pose do not consider necessary in the
circumstances to discuss. Really, your
honors, my principal object in the
question was that the answer might go
as far as such thing could go in rescu-
ing the name of Pearce Amerson from
the shame that has been put upon it.
withdraw the question"
If it had been of any Importance to
him, he would have been pleased at the
displeasure apparent on all faces at
Watson's interruption. AS it was he
asked:
I'll ha l. - in
form the court of what followed Pearce
Amerson's demand"
"Mr. Wiley Amerson answered that
the will was at his house, and that he
wouli give it to him when he came
over there that night"
"Do you know whether or not this
was done?"
Il do not, sir"
"Mr Carruthers, at the execution Of
the will, or at the time of demand for
its surrender, did Pearce Amerson
make any allusion to Mrs. Cullen
Amerson?"
"At the making Of the will he did
not. When he called for it he said
that he had come to believe that Mrs
Amerson was not the kind of Il person
Mr.. Wiley Amerson had made him be-
lievc, but that she was as virtuous
woman as ever had lived or died"
Silence in COURT cried the sheriff
at the demonstration of applause.
THAT question Is not in issue, Broth
err Torrance" said Watson, and then
rluttered: "You artful scampl'
mo, my brother Watson, not now.
1t had been, and was. The honor of
the caveatrix in this case has been
fully vindicated by the life she has led
and by the words of her father-in-law,
before whom it had been aspersed."
Returning to the witness, he asked
''Mr. Carruthcrs, recurring TO the
time of the execution of that will
what was done with it after the de-
parture of the old man and the other
witnesses?"
''Mr Amerson handed it 70 me TO
make a copy of it."
"Did he give any instructions as TO
how that copy should be made?"
"He only said that he wanted me to
be very particular and copy us nigh as
| could, according to his rule in such
things"
"And what was that rule?'
''To make the copy as nigh like the
other as possibly could"
Following that rule, being facile in
the use of the pen, you had become
somewhat dexterous, had you not, in
the imitation of others handwriting"
81 had, sir"
What did Mr.. Amerson say when