Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-05-19
Heirs-at-LaW Attack Mr.. Luke Dev-
lin.
CONTINUING HOLT WILL Case
Administrator Under Will Severely
Cross Examined.
JUDGE HOLT'S SIGNATURE


late Judge Holt was admitted in evidence
by Judge Bradley. This was regarded as
something of a victory for the caveatees,
the beneficaries by the will.
When the trial was resumed this morn
ing the court room was well flied with in
terested spectators, who followed closely
the different points of the story as they
were developed.
Yesterday afternoon Mr.. Luke Devlin
the executor of the alleged will, was placed
upon the stand. His examination in chief
was very brief, and brought out merely the
fact that he had never seen the paper in
question until after it had reached the CT
fee of the register of wills
The cross examination was kept up at
considerable length, and was all directed
to showing the relations which existed be
tween the witness and the late Judge Holt
and the business training and ability CT
Mr.. Deylin. Mr.. Jere Wilson conducted
the examination, seeking to show that the
presumption was that the judge never
would have selected him. Mr.. Devlin's tes-
tmOny did show that he was never very
intimate terms with Holt. He also ad
mitted that outside of a short experience
as clerk in a dry goods store, wnen a
young man. he mad always been a clerk in
the departments, and had no great amount
of business training.
Mr.. DevIin was placed upon the stand
again this morning, and in very few min
uteS the attorneys fer the cayeatorS dis
played what they evidently regarded as
one of the most important cards in their
hald.
Sensational Inference.
Mr.. Wilson handed the witness a paper
and asked him whether the handwriting
was his. He said that it was. Mr.. Wilson
offered the paper in evidence, but this was
at once objected to. In arguing on his
point Mr.. Wilson said that the paper was
an application for letters of administra-
tion the estate OF the late Billy Nc
Garrahsn, the famous claimant Mr.. VIII
son stated that there striking SIM
ilarity between the phraseology of the let
ter and that of the will. There were also
marked similarities in the handwriting that
would be pointed out later.
Judge Bradley refused to allow the letter
to be introduced at this stage of the trial
on the ground that it was not properly
part of the cross-examination. If it We're
competent il might be admitted at later
stage of the proceedings.
In answer to a question from Mr.. Wilson
the witness sad that he did not call at
the residence of Judge Holt after the lat
ter's death. Neither did he attend the
funeral, because he ur able to find
out at what Eour it was to be held. Mr..
Devlin was then handel the big envelope
in which the alleged will was sent to the
register, and was asked whether envelopes
Ike IL were in use in the War Department.
He said that they We're rot in the bureau
in which he was employed. He could not
say whether they were in use in other
branches of tho department.
On the redirect Mr.. Devlin told of a num-
her of incidents showing more or less inti-
macy between Judge Holt and himself.
Miss Throckmorfon.
Miss Josephine Holt Throckmorton was
then called to the stand. She is a very
handsome young woman. She said that
she is thirty years of age, but she looks
considerably less than that.
In answer to question from Mr. Oar
lmgton, she said that the first time she
ever heard of the existence of a will was
when she received a telegram from Mr..
Devlin- The first time she ever saw the
paper was in the registers Office the latter
part IF last October.
Miss Throckmorton said that Judge Holt
was her godfather, but that she had seen
him only a few times since childhood. Her
father was in the army and she has lived
at different army posts all over the coun-
try. Since his retirement. two years ago.
the family have made their home in New
York city.
Mr.. Darlington then arose and announced
that the prima facie part of the case was
concluded.
counsel for his side would hold the other
side firmly to this statement; that if an
attempt We're made to introduce any more
direct evidence in support of the validity of
the will they would strpnucI sly object In
the caveat the genuineness CT the paper
had been challenged and the whole docu-
Tnent was claimed to be a forgery. 1t was
incumbent upon the other side to show
that the will was genuine They had gone
considerably beyond the Dr.ma facie side
or the case for in asking Mr.. Devlin
1t in his possession they had virtually
given him chance to testify that he had
not written The will Yet from the evil
denCe so far adduced, SAID Mr. Worthfng-
ton, there was more reason for believing
that Luke Deviin had written the will than
that Judge Holt was the author.
After considerable legal discussion be-
tween counsel on both sides, the court de-
cided that from the character of this case
1t was Incumbent upon the caveatees to
produce at this stage all the evidence in
support of the occurrences of the will.
To Prove the Will.
Miss Lizzie Hynes. one of the beneficial
ries under the terms of the alleged WILL
was then placed upon the stand. She testi-
fed that she had oorresponded with Judge
Holt for about forty years; had often seen
him write and was familiar with his sig
nature. She identified the body of the will,
which was handed to her for examination
and also the signature of the testator as
in the handwriting of Judge Holt.
On cross-eXamina ticn Miss Hynes said
that her proper name was Elizabeth. Judge
Holt knew it, but he always called her
Lizzie TIward the latter part of his life
his letters to her were written by some one
else, but always signed by him, and the
SiSI(dluEeS, even toward the last, she said.
were identical with the signature on the
alleged will
Knew the Writing.
Mrs. Mary McC. Ray testified that from
the time she was a young girl to about
1885, some fifteen years in all, she CORES
ponded pretty regularly with Judge Holt
She also, In the most positive terms iden-
titled the handwriting in the alleged will
On cross-examination Mr.. Worth!ngtoa
endeavored to bring out the fact that there
was some bad feeling existing between Mrs
Rays husband and Washington ID. Holt
one of the heirs-at-law, growing out of n
financial transaction, which might tend to
bias her testimony. Judge Bradley ruled
out good deal of this evidence as hearsay
only. Mrs Ray Is niece of Miss Hynes
Mrs. Throckmorton, the mother of Miss
Josephine Thfockmorton, also said that she
was familiar with udge Hollis handwriting.
and was certain that the will was written
by him.
On cross-examination Mrs. Throckmorton
Continued on Second Page)