The evening times., 1896-11-24

the stand this morning.
He denied that he had attempted to draw
a VIII for his uncle, as was charged yester-
day by Mrs. Rose Wilmer. Letters re-
cevcd by him froniAfr Wilmer were putin
evidence TO show the good feeling existing
between them before this inquiry. This cor
respondcnce dated several years back, and
showed u close basIiess and social init
macy. Hi
Mr.. Doub is a Hagcrstuwn lawyer, and
his mother was sister OF Mr.. Calvin Wit
mer. 1t was testified that these letters
continued up to IA recent date, and the jury
was asked TO view the,handwriting TO show
his sanity at that time.
4 copy OF an alleged letter, claimed by
Mrs. Rose Wilmer to have been sent to Mr.
Doub aite rthe alleged attempt at Will
writing, was handed Mr.. DouD, and he
denledhaving received any such comrnunica-
ton. The copy was roughly made and
contained such assertions as follows:
when you were here last, you took &C.
caSion To make "A memorandum of my Cs-
tate as far as you could go. You have also
becnunXious about myhehith When grand
pop was living you undertook something OF
that kind. l understand you have taken
part in the Milton Wiimer scheme. Your
cupidity is most wonderful
UNCLE ASKED HIM TO COME.
The copy then recited that the witness,
Doub, was TO get certain portion OF
money alleged 10 have been secured by
the brother. Milton Wilmer. All OF this
Mir. bout denied having previously seen.
He explained how he was consulting with
his uncle over disposition of the lattcr's
property. This interview was at Mr. Wit
ucr' ; reuuesJ, he said, ana as lawyer lie
advised his uncle 10 dispose OF his property
in a viii and not by 4 deed, because lie
wanted TO secure himself life interest
in the property.
He DID want to give something to Mrs.
Rose Wilmer, but as he desired to retain
the use during life, Mr.. BrIb suggested
the VIII. The witness adIEltted that his
uncle then appeared nervous ana excited.
Mr.. Douh claimcl tnat the copy OF the
alleged letter must lave been the result
OF somebody working his uncle up, as he
had never seen the OgiSigaL He Vas sure
that Mr.. Calvin Wilmer was not indignant
at the suggestion OF the win, and such an
idea must have originated with Mrs. Bell,
who made the assertion to that effect.
lie gave as his opinion that Mr.. Wilmer
was not at that time capable Of making
deed. Tie old gentleman lacked CON
uuuity OF thought on business tiers.
Mr.. Douh told the jury that on one visit
since the suggestion as 10 diEpusing Of the
property his uncle stated that somebody
must have been talking TO him. as he could
never think that he ,uUGbi, who had been
his old friend, would do anything against
him.
speaking OF visit Of Mr. Wilmer TO
Hagerstown. Mr.. Tout alleged that Mrs
Wilmer and Mrs. Bell were compelled u
accompany Nr. Wilmer, as they were afraid
to leave HIM alone. As an Illustration of
Winners strange idohs, the witness tesu-
fed that hls uncle would talk about poll
ties and insisted that the people IN the
District voted. This uCcasioned soIne laugh
ter among MIR. winners friends, and Col.
L. b. Hay, the latter's counsel. remarked:
That is all right; the people die vote
They voted at the prima ries.''
col. HAY CROSS EXAMINES.
Mr.. Daub told the jury aGput visit to
this city last FTiIay a week ago by him
self and Mayor Kcedy, OF Hagcrstown. to
ascertain the CouiIuon of his uucie They
called on Mr.. Il. " Wheeler, who knew
Mr.. witiner. MI. Doyb claimed that Mr..
Wheeler told them that his uncle Needed
some one too look pfte 81 his property.
Mr.. Wheeler being Tccalltd. lie asserted
that be told Mr.. ilDuh that the latter was
making mistake H. causing an inquiry.
I his preliminary Investigation was made
SO as to have a basis for the proceedings
Instituted by Mr.. Milton Wilmer. IN Z brother.
On cross-eNaminaliol Col Hay wanted
to know from Mr. GujIJ why he had not
instituted proceedings instead Of Mr.
Milton Witmer. tOtwnI-A Mr. D1ub replied
that lie thought II more proper for the
brother to do 50. -,
Are you here as associate counsel. or
are ycu here representing interests OF
your own" quered Col. Hay.
sir Doub replied tHst might be
considered as the former.
There was much amusement occaSioned
by an eXpla notion by Mr.. Doub as to why
he thought Mrs Rose Wilmer should have
a piece of the property.
- was friend of her husband. and be
fore he got married he consulted with me.
They ran off and got married, and the
motEer-n-law blamed me for if. As the
husband died without leaving an thing to
Mrs. Rose Wilmer, / thought 1t was only
the proper, honest thing for Mr.. Calvin
Wilmer to do To give something to her.
Referring to the conveyance of certain
property to Mrs. Wilmer, wife of the
alleged lunatic, Mr.. Doub gave as his opinion
that Mr.. Wilmer was not mentally able to
realize that should Mrs. Witrner die Mrs.
Bel, her. sister. would own the property
and could turn him out OF doors, notwith-
standing the provision creating for him a
life interest.
Mayor Kecdy. Of Hagcrstown, gave evil
dence as to his visit here with Mr.. Doub
and investigation regarding Mr. Wilmer.
Mr.. Calvin Wilmer himself went on the
stand this afternoon. His appearance GER
tdinly did not make favorable impression
on the Jury. While not insane in actions
counsel showed a mental infirmity in 80
far as a defective memory is concerned.
This he explained by saving that he was
embarra sSed in his position as witness
WAS 4 BAD WITNESS.
Mr.. Wilmer failed to remember the first
mare of Mr.. Duvall, who was a partner
with him in the grocery business for eight
years. He said he thought lie had made
two deeds Of his property, one of which
was to Mrs. Rose Wilmer. When prompted
he remembered making q deed to Mrs.
Bell, but did not recollect making any
ether
He remembered nothing of any debts he
owed when he a nd Mr.. Duyall dissolved part
nesr.,ip, although it was previously shown
in evidence that he bad mortgaged his
property for a considerable sum. which his
wife and Mrs. Bell claimed was used partly
to Iiuudate a large indeht edness caused by
the store business.
Iu reality Mr.. wilmer proved to be the
strongest witness against himself. He
was very nervous and continually fin
gered his eyeglasses meanwhile his hands
trembling violently. He could not tell
the amount due him by Mr.. Wheeler,
with whom he had recently had finan-
cial transaction.
Mr.. winners admissions confirmed the
statements that be did not himself attend
to his business In reality, he knew little
or nothing of his own affairs except what
was told him by some one of his friends in
whose hands he had entrusted the manage
ment of such transactions
Q