Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-05-20

to present was proof Of the relations ex-
listing between the testator and the benef-
Charles as showing that0it was more than
reasonable that he should have left his
property to Miss Throckmorton. The 9TH
er side, he took it, would seek to show that
the existing relations were such as to pre-
1t would then be their duty to put in their
evidence in rebuttal .
I'm, other Words interjected Mr.. Butter
worth later we have shown that the
testator did execute the will, we are to be
called upon to prove that the probabilities
are that he did, r.
After argument by Mr.. worthngton,
Judge Bradley decided that the careatees,
by their testimony as ito the handwriting
OF the will. had nade out a prima facie
case, and were entitled to rest at this point
II they so desired.
MIR. Devlin Again.
Mr.. Dellin was then recalled for the pur-
pose of introducing additional evidence
showing that Judge Holt reposed special
confidence in him. He had with him sew
eral letters of Endorsement and recon-
| mendation signed by Judge Holt which the
lawyers for the caveateeS desired to have
go before the jury.
The court, however. ruled that this evil
dence was incompetent at this stage of the
proceedings. Mr.. DeVlin was croSs-eX-
amined briefly as 10 his actions on the day
that he first heard of the appearance of
the will, ard then the court took a recess
until l o'clock.
After recess Mr.. Devlin was recalled to
the stand for further cross-eXamination.
He was asked if he knew a newspaper
reporter by the name of Fred Schrader.
He said that he did not recall him, but re-
membered that a Post reporter did call on
6im with reference to the finding Of the
will.
According to an interview in the Post
Mr.. Devlin said that he had two theories
to account for the long allegiance of the
l1 h,I
the will had been. but he intended to keep
it TO himself. In the same Interview he
was quoted as saying that he had written
to Maj. Throckmorton. in advance of the
finding of the will, that he had no reason
to believe that such a document was in eX-
istence, and giving his reasons therefor.
While he was on the stand this afternoon
Mr. Wilson read to him portion of the in
tervew. He denied that he had ever said
that he had written such a letter.
The balance of it, he said, might be true,
though he denied thar he had ever said
| that he had believed there a will be-
did write to Miss Throckmorton about
Christmas, 1894, telling her of his idea
that there was will in existence.
In answer to question from Mr.. Will
son, Mr.. Devlin said that on the day the
Will was received by the register he took
a typewriter copy of it to The Star office.
This, he said, was after he had been to
the register of Wills Office. He gave the
copy OF it for publication. Mr.. Devlin
said that he was unable to tell at this
distance whether or not he went directly
to The Star office, though it was his i'm
preston that he did.
Mr. J. Nota McGill the register of wills,
was then recalled to tell what was the
condition Of the envelope and the alleged
will when they first come into his posses
sion.
Mr. Darlington then announced that the
Irima facle case closed.
An Unusual Feature.
At this point occurred one of the most
unusual features Of a very unusual case.
Mr.. Worthington, in commencing his
opening speech, commented upon the fact
that the Caveatees had made no such open
ing, but had gone ahead for three days
without letting the jury know what it was
| all about.
Mr. Darlington explained that he had
waived his opening address so as to ac-
cOmmodate Senator Sherman, who was the
first witness and who unable to stay
Tor any length OF time at the trial.
IF 1t will suit you, gentlemen" said MIR.
Darlington, Il am willing to make my
opening now"
Mr.. Worthington remarked that it would
suit him very well indeed, as then they
would all have some idea of what the
Cavaataes claimed. So it came about that
Mr.. Darlingtons opening address was
facfe as closed.
Mr.. Darlington said that they would at
tempt to prove that Judge Holt had al
ways intended to dispose of his property
as is done in the will which came to light
last August.
In this case, he said, there were but four
points for them to consider Did Joseph
Holt sign the will? Was there undue in
fluence? Was there fraud? Was there a
revocation?
He then told of the relations between
Judge Holt and the beneficaries.
NJ. WorthingtOl then made the opening
address on behalf of the caveators.
Mr.. Worthington called as his first wit
ness Col. Thos F. Barr. assistant adju-
tant general, L. S. A, who was for years
socially and officially intimate with Judge
Holt.
The alleged will was then handed to Col
Barr, and he was asked whether he
thought it was in the handwriting of
Judge Holt. He studied it long and care
fully, and then said slowly and precisely:
My conviction is that Judge Holt never
wrote that document.
There are many pronounced differences
between this handwriting and the hand
writing of Judge Holt though the sigma
tUre does bear very close resemblance
to his.