Evening star., 1896-06-25


Speaking of the will which the judge
wrote for Miss Hynes in 1886. Mr.. Worth
tngton said that It surpassed belief that In
that will he should have made provision for
the distribution Of only $4,000 II he Mad
made a will which would in a few years,
as he was then an old man, give Miss
Hynes vastly greater sum than that.
II the members of the Throckmorton
family had told the absolute truth on the
witness stand, said Mr.. Worthington, then
eight or ten eminently respectable people.
who were perfectly disinterested witnesses.
had STEPPED themselves in perjury, and
should go from this court into the Criminal
Court to answer to a charge which might
land them behind the bars. The major,
his wife and daughter had all testified that
the only bad feeling the judge ever enter
tanned toward any member Of the Throck-
morton family grew out of the differences
with the majors mother, and did not ex-
tend to any of the others. Yet five Serv-
ants who had served Judge Holt, Mrs.
Briggs, Mr.. and Mrs. Jennings and other
witnesses, all testified that the judge had
expressed the deepest animosity toward
the whole family, and had given orders that
not one Of them should ever be allowed
admission to the house. If those people,
unprejudiced witnesses had told the truth
then the major and Miss Throckmorton
did not tell the truth when they testified
that there never was a sign of a break be-
tween them and the judge. and that the
latter was as fond as ever Of Miss Throck-
morton. who. as Mr.. Worthington pointed
IL
come of this case to the extent of $3O, 900
Yet not single person could be found who
had ever seen them, or either of them, in
company after 1881.
Refused the Money.
'In the year 1884," said the lawyer,
major Throckmorton was in as dire dis
tress as he could be. He was to be tried by
court-martial He must have money. Mrs.
1hrockmorton wrote 10 the judge, asking
the loan of $1,000. Judge Holt did not
deign to answer the letter. Again she
wrote ard said that she had raised $1,000
and would he lend her the balance. What
did that great and good friend Of the
1hrockmorton family do then? He threw it
into a drawer as he had done with the first
letter. What do you think now of the kind
ly feeling the judge entertained for the
family, gentlemen?
"A month later Major Throckmorton so
far humbled himself as to write to Judge
Holt to implore his aid. He did not ask for
money, but only for a letter as to his
character and services to lay before the
court-martial And for over month that
letter lay unanswered and in February or
March. 1892. Miss Throckmorton came on
to Washington in the greatest haste. She
came on the midnight train. saw the Judge
In the morning and returned to New York
q rev hours later. Gentlemen she has told
US that the only reason she had for coming
was to tell the judge that her parents had
raised the money they needed. and We're not
toiiipellSu u call upon MIN assistance.
When they needed The money they were
willing to make their request by mail
When they found that they could get along
without II letter or telegram would
nave told the judge. But what did they do?
for some reason they thought it necessary
to send Miss I'hrockmorton in person to de-
liver the message. Gentlemen, that was a
most remarkable statement
Mr.. WOrthinEtOn's Closing.
Mr. Worthington then took up the mat
ter of Judge Holts affection for the Holt
family. and compared the feeling with
what he felt for the Throckmortons If
the judge had ever written such a paper as
the alleged will. he would have told his SER
wants that when he died they must keep
ms keys and watch and send for Luke
Devlin. his executor, and turn them over
to him. But he did not He told them to
send for Wash. Holt.
Gentlemen" said Mr.. Worthington, for
chilly, you are asked to believe, but can
you believe that he would have sent for
Wash. Holt. whom he had loved for years,
knowing that when Mr.. Holt arrived and
made search of the papers he would find
this paper, this alleged will, coiled up in a
drawer to sting him to the heart? No: gen.
tlemen: no. Judge Holt was not that sort
Of man.
Il have no doubt that Judge Holt did
write a will, as he told Mr.. Washington
Holt, in which he named his nephew as his
executor: but in the closing hours of his
life, as he lay on a bed of pain, realizing
that the world that he had known would
know him no more. his thoughts turned
back. as an old mans thoughts will do, 10
the scenes of his childhood: to his old home
In Kentucky. Whatever feelings may have
been engendered by the war. and which
the other side would have you believe re-
suited in the will of 1873, and lasted to the
time of his death, had in reality long since
passed away. AS the light through the
easement began to fade and the noises
Str
from afar off, his heart turned lovingly to-
ward those of his own blood. some of whom
he may have ignored in that will, and he
decided to let his property go to all Of them
alike. and / am sure, gentlemen. as am
sure of anything, that Joseph Holt, by his
own hand, destroyed that will, leaving his
property to be divided among his relatives
as the law provides"
Mr.. Wilson's Argument.
Mr.. Worthington finished his address at
II o'clock, for MIR. Wilson had decided that
he was strong enough to make his speech to
the jury.
Mr.. Wilson is master of logic and rhet-
oric, and the manner in which he attacked
the validity of the alleged will held the
closest attention of the jury and the au-
dience. He reviewed the mysterious man.
ner in which the paper came to light, a year
after the judges tn, the remarkable ap-
pearance of the paper, and the burns.
a purpose and In an artistic manner.
The burden of proof, said Mr.. Wilson.
rested upon the other side to sustain the va
lioity Of the will Had they done It? He
thought not. In a clear and caustic man.
ner he again ran over the testimony of the
witnesses who had been summoned to prove
that Judge Holt wrote and signed the will,
claiming that their testimony would go for
little or nothing compared with the great
mass of evidence that went to attack its va
1idity.
Mr. Wilson then discussed at some length
the testimony of those who knew Judge
Holt years ago and who had testified that
in their opinion the handwriting ir the al
leged will was that of Judge Holt, but their
testimony was of 4 halting and uncertain
1 1ature; they thought that it might be, in
their opinion it was, and all that; but on
the other hand Gen. Horatio King, who
had known the judge intimately for years
and corresponded with him long after
their official relations ceased, testified that
the will was nothing but bunglipg for
gerry; so did Col Hosmer, Mrs. Briggs, Col.
Barr and others.
The jury had been told. said Mr.. Wilson,
that the will bore striking resemblance
to the handwriting of Judge Holt Natur-
ally, for if man tried to get Up fictitious
will and failed to initiate the handwriting
of the man whose will it purported to be,
he would be an arrant fool as well as a
knave 1t would be very remarkable in