The morning times., 1896-05-21
HEIRS BEGIN THE ATTACK
C]I. Barr Does Not Believe the
Holt viii Genuine.
CLAIMANTS REST THE CASE
First Witness ON the Other Side.
Was Intimate With the Late Judge
Advocate and Declared the Docu-
ment IA Forgery-Its Construction
at Fault-Not IA Lawyers Words.

1 n WIS TedCliCu Vic SN'SA
mony in the Holt will trial yesterday when
counsel for the claimants under the paper
announced that they had made out prima
facia case OF the genuineness OF the Will.
Judge Bradley sustained the claim and
| the heirs-at-law began their attack.
At this point one OF the events OF the
triual occurred as Mr.. WorthinGton, for
the heirs-at-law, arose and said he pro-
| posed to now tell the jury for the flrst
time what The contest was all about. Mr..
| Darlington stopped him and sald he had
| waived his opening address TO the jury De-
{ cause OF Senator Sherman who was anxious
to testify at the beginning and get away.
He offered to make 1t. however.
| The attorneys on the other SIDE grace
fully assented and Mr.. Darlington addressed
| the jury. There were but four things for
| the jury to consider, ne said. Did Joseph
Holt execute the will? Was he unduiy In
fluenced? Was fraud practiCed? DID he
| revoke it?
He dwelt at length upon the relations
| existing between Judge Holt and the parties
| TO this suit. They were pleasant with the
| Deneficiaries under the Will and they were
very strained with the heirs-at-law and the
blood relations OF the deceased.
JUDE HoLTs PERSONALITY.
After the breaking out of the war in l661
| Judge Holt was left without family, sad
Mr.. Darlington. He, OF all his family,
espoused the Unions cause and he supported
| it with q feryency that emblttered Tie
feelings of the rest OF the family until the
breach bet ween him and them became wider
than death could have made il.
| The lawyer spoke OF Judge Holts mar
| riagc, OF the death of his wife IN the
'40s, and of the wife's dying request
that her husband look after her niece.
! Lizzie Hynes, one of the benericarlcs IN
! the Will. The Judge advocate educated
! Miss Hynes and made her annual allow
ances, and repea tedly expressed his in
| tention of remembering her when he died.
| Judge Holt married a second time IN
! 1850. Major Charles b. ThrockInorton,
| father OF Miss Throckmorton. the other
beneficiary, had long been an intimate
friend of his. Major Throckmorton mar
ried a cousin of Judge Hollis second wife.
and the ties of friendship between the two
families were closer drawn. The officers
! daughter was called Holt as her middle
| name and was taught TO call Judge Holt
| her godfather. The alleged tesuator had
no children of mis- own by either wife.
1--WE expect to prove that this paper Is
not in tile handwriting or signed by Jo-
! seph Holt" said Mr.. WorthiDgton in
reply, land, even granting that, we expect
to show that he would not draw such
! paper as that. 1t is not necessary now TO
| say who we may prove wrote the paper
| When you see some or the papers we eX-
| pect to offer in evidence here every man
OF you Will say Judge Holt did not exc
| cute this alleged WILL
Mr.. Worthington contended that what
ever strained relations existed between
| Judge Holt and the members OF his fam
| lily. those relations were all eradicated
! before his death, and the white wings
| of peace spread over all. The attorney
| said it would be shown that Luke DeYlIn
was only clerk in the War Department
| at the time the will was made, and il
was most unlikely he would be named
executor of such an estate.
| On the other hand, continued Mr.. Worth
| ington, his side would show that while
| friendship existed between the Holts and
! Throckmortons about the time the VIII
! was written that friendship had changed
| to hatred by 1892. In fact, the Throck-
| mortons were refused entrance to the Holt
| mansion on New Jersey avenue 1t the time
the old gentleman died Judge Holt felt
| keenly the disgrace of his friend Major
| Throckmorton' court-martial. said he, and
| from that time OH said he wanted nothing
| to do with him.
| The relationship with the heirs was
| thoroughly reviewed.
| Col Thomas F Barr, an assistant in
| stationed at Governors Island, was the
first witness for the caveators.
No sooner had the heirs-a law proffered
| their first witness than the court room
| filled with interested spectators, most of
whom were members of the bar. Every
| chair was occupied and at least half a
| hundred attorneys crowded the space back
| of the railing.
| The examination of Col Barr was con-
| Quoted BY Mr. WOrthington and was un-
| usually long drawn out because of the
| legal tits of counsel that va ried the
| monotony of the testimony. The acQuaint-
| ance between the witness and Judge Holt
| extended over a period OF almost gener-
| alton.
COL. BARR'S TESTIMONY.
Col. Barr was with him a few months
| In 1870 and later, in the summer of 1872,
| spent four months with Judge Holt. The
| friendship developed then continued until
the time OF Judge Hollis death. The
| witness had man. opportunities to be-
| come familiar with the handwriting and
| signature of the deceased.
| "were you familiar with his style of
composition?' asked Mr.. Worthington
| Il was replied Col. Barr.
''Is the body of this will aud the signature
| by ] Holt?" asked the attorney, handing
| the alleged will TO the witness.
Col. Barr looked at the paper several
minutes and then replied slowly, but
! firmly:
Il would say Judge holt never wrote
| that paper. 1t is unlike anything I ever
saw that he wrote. The signature looks
| like his"
What is there in the paper that makes
| you think he did not write it?''
| Mr.. Darlington objected to the question
and it was Withdrawn.
| DISCREDITs THE WILL.
.Did you become familiar with Judge
| Hollis methods of puuctuation?''
Yes: they were good.'
Would you say that Judge Holt, as a
| man familiar with law, would use the word
| 'inherit' in referring to bequest taken
under a wili?''
Undoubtedly he would not.''
| Questions were asked, the answers to
| which would tend to prove whether the
| style of composition in the will was Judge
Hollis style and to all of these Mr.. Dar-
lington objected. A. three-cornered con-
troversy between Mr.. Darlington, Mr..
| Worthington. and Mr.. Butterworth ensued,
| and Judge Bradley interposed by sustaining
! the objections.
The next question by Mr.. Worthington
| was permitted however. He inquired as
| to the general habits and characteristics
| of the deceased.
lie had the ciearest power Of expression
/ of any man have ever known Exclaimed
| Col. Barr He exercised the creates care
In the preparation of his reports and was
| always very scrupulous about the dra wing
1 of his manuscripts. That was his continual
habit. never read an uncouth expression
| from him."
| At this point the hour of adjournment
| arrived and on motion of Judge Wilson
court closed TO meet at 10 O'Clock this
| morning.