Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-05-25


the two wills, together with Luke Deylin's
discharge from the army, which bore
Judge Hollis Endorsement, and asked them
for their own Information to compare the
various Signatures
On redirect Colonel Winthrop said that
he had received a call from Mr.. Blair Lee
one of the counsel for the caveatees but
Mr. Darlington objected to his saying any
thing about the conversation that passed
between them.
Mr. Worthington handed the witness a
common law conveyance, by which Judge
Holt transferred certain property to one
Amanda Holt The witness said that in
his opinion 1t was in the judges hand
writing.
Now, colonel" said Mr. Worthington,
you heard Mr.. Darlington read the will
of 1913. Have you formed an opinion as
to whether 1t exhibits any of the charac-
terstics of Judge Hollis manner and
stylo?"
1T is such a document as he would have
written. 1t is a lawyer-lise paper pre-
pared with great precision and carefulness
to detail
Mr. Worthington then read portion of
the will of As, carefully pointing out the
punctuation marks, and asked whether the
witness thought it was in keeping with
Judge Hollis style.
The counsel for the cavearees objected,
and the question was not pressed.
Mr. Worthington followed with the last
clause of the will OF 1873, pointing out
the absence of punctuation marks and
asked Colonel Winthrop whether he
thought that was characteristic of Judge
Holt, but an objection to the question was
sustained.
At 1870 o'clock recess of half an hour
was taken.
After recess Mr. Worthington read to the
jury the conveyance, which Colonel VIM
throp had identified, as showing the man
ner of Judge Holt in drawing up a legal
paper, and showing the relationship of
the parties. Mr.. Darlington objected on
the first ground, but it was admitted on the
second ground. Mr.. Worthington read the
paper, conveyance of farm of Jas acres
III Kentucky. to Mrs. Washington ID. II oIt.
adding that in due time he would show all
the details of the circumstances under
which the transfer was made.
Mr.. Worthington then read, in the same
connection. a letter from Judge Holt, dated
May 81, 1894, addressed to his nephew
Washington D. Holt 1t had reference to
the deed, and was very explicit as to the
details of the misunderstanding that in
such matters of business the judge must
have been a very precise sort of man. 1t
sent love to Mr.. Hollis family, and was
Sigred Your affectionate uncle, J. Holt"
Not Judge Hollis Will.
After the jury had been given an oppor-
| tunity to examine this letter, Mr.. Worth
| ington called as his next witness MIR. Fran
cate generals office.
office a messenger in 1869, when Judge
Holt was at the head of the office. He was
afterward promoted to a cerkship
When he entered the office, he said, Luke
DCvlin was promoted from a messenger
ship. Devlin was then engaged on clerical
work, and for the most part devoted his
attention to making abstracts from the
records of courts martial.
The witness said that at that time the
men who were most closely connected With
Judge Holt were Col. Barr, Col. Winthrop
and Col. CurtiSs. the last named having
siEce died Mr. Saxton said that he had
an excellent opportunity to become familiar
with Judge Hollis handwriting and style CT
composition. He said that the judge WIS
| one of the most accurate men he had ever
met. In. his Endorsements land reports he
ra1\y had occasion to alter a single word,
| not because Re was careless as to the com
position, but because he was SO careful
from the beginning. The judge, he said,
wrote slowly. using his fingers only and
not the full arm movement in forming his
letters Mr. SaXton then produced several
official papers in Judge Hollis handwriting,
on file ct the War Department, one b, airing
date of February IA, 1878, just a week later
than the date of the alleged will. These
were given to the counsel for the cavcatecs
for examination before being placed in
evidence.
Now examine this will, Mr. saxton,"
said Mr. Worthington, and tell me what
you think of the handwriting, both of the
body and the signature
ION first glance it looks very like Judge
Hclts handwriting but, as one studies it
| lore carefully, this similarity disappears.
My own opinion is that this document is
not Judge Holt's.''
REGULARITY.
What is there about this paper, outside
Of the handwriting, that leads you to think
the paper Is not hS?'
"Well, I always had the greatest adm;ra-
ton for Judge Holt as a lawyer, while
this paper would seem to be-
II certainly object" said Mr.. Darlington,
quickly, Ito a layman passing judgment
en- such point
We'll pass over it then" replied Mr..
Worthington.
On cross-exam ination the witness said
| that there were number of little points
about the alleged will which, taken alto
gether, satisfied him that it was rot gen
uine document. Mr.. Saxton said that when
Judge Holt signed his name he almost in
variably put his pen down onto tie paper
with a sort Of jab, which would have a
dot or mark on the paper.
I'm other words.'' said Mr. Saxton, che
would begin writing from a standstill, as
it were, instead Of with a hair-line. In the
signature on this paper that regularity is
lacking. l presume 1 could point out a
number of other marked differences in the
writing, but perhaps the best 1 can saw
about it is that there IS something about
the whole paper that makes me believe
Judge Holt never wrote it,
Mr.. SaXton," asked Mr.. Darlington "at
whose instance did You make this exami-
| nation?"
II believe Mr.. Wilson, Mr.. Worthington,
Mr.. Head, Mr.. Lee and Mr. Butterworth
were at the department in reference to this
case. l think they are about all the law
yers engaged in this case. l was directed
by the judge advocate general to find GER
tain papers for Mr.: WILSON,