Evening star., 1896-06-25

perjurers. there was as much reason for
peneVing them as her, they had no motive
Ior ylng. there was no $4,000 or $4,000 at
stake for them. and after all they were
SIX IN number and all agreeing while she
was only one
At the conclusion of Mr. Wilson's address
)" 'ecess LOT nalf an hour was taken.
MIR. Butterworth Speaks.
upon the reassembling Of court, Mr.. But
ter~orh began bis speech to the jury. As
more ogatory in his address than had been
sought after by the other speakers Like
tne others, he began by reminding the Jury
that tnere were but two problems awaiting
tneir solution, the question whether the
VIII Id controversy was the genuine will of
Judge Joseph Holt and, IL SO, whether Re
mad ever revoked it. 1t had been brought
70 tnelr attention that the burden of sus-
aaaning the will rested with the caveatees.
Ihey had accepted it ard, he claimed had
performed the duty in a manner which
should satisfy the jury beyond question.
IN rather sarcastic manner he attacked
MI. w ofthlngton's contention that the will
was not the sort of paper that Judge Holt
would have left behind him as his last will
ana testament. On the contrary he claim
ca mat the will was clear and we'll
uraWn legal paper and he questioned wheth-
er there was lawyer in the city of Wash
lngton who could draw up a will that would
dlspose OF property according to the wishes
OF the testater in q more satisfactory man.
ner than does this one. There was nothing
remarkable in his use Of the word inherit :"
30 ne took up the other features of the
VIII which have been criticised as bad law
Seeking to dispose of each objection.
Drowning men catch at straws Mr. But
terworth said. and this was exactly what
the lawyers on the other side were doing
Mheh they attacked the will en- the
strength of its legal form and on the claim
mat II was written on a mere scrap of
1Coiscap paper, such as the judge would
never have used for the making of such q
formal document as his last will
He admitted that the will turned up in a
very mysterious manner, but to his mind
the only matter for surprise was that the
Will ever turned up at all. Who were the
ones VINO were interested In keeping out
the VIII! Surely not Miss Hynes and Miss
Throckmorton.
And il 1t was a forgery" he continued
my friends on the other side wouId bare
you think that the forger followed n nm
with certificate of its worthlessness. and
mat having written it, he burned and mu-
Iiateo IT as II In an effort to prevent his
own aims. Now. who are the ones VINO
rad access to this paper? Only those who
we're most interested in it's destruction
w no burned the papers at the Holt man
won Son !, aitsr Ter Judge Holts death? Did We or
was II the man who had thought all along
tEat ne was to be the judges only heir and
who felt justified in Offering a reward of
slo,OO for the finding of a will?
That this will was burned Is cert.,p
and that it was burned by the only persons =
who We're interested In its destruction is a 8
certain as that am looking at YOU gentle
men OF Inc jury. at this moment We have
perfect f1Sht to examine the motives that
animate human actions. but that is a
thing the lawyers on the other side have
carefully refrained from doing
hlch Is the better theory. that these
TWO women are criminals or that the crime
was committed by those who sought to de-
stroy this will?
our friends on the other side have not
peen consistent for twenty minutes in sue
cession since this trial began. First they
claimed that the will was such q buneliny
forgery that 1t did not look bit like Judge
Holts handwriting; then. if to give you
gentlemen your choice they swung aro,nd
and claimed that the similarity was SO
close that the will could only have been
facsimile"
only in respect to particular words, Mr..
Butterworth, said Mr.. Wort thington, "only
SCme wordS.'
All right Your witness, Frazer, said
that he would not venture to say whether
or not Judge Holt wrote the will Then he
came to his measurements | notice Mr.
orthington has not said much to you
about these measurements. Yet you go I'D
to the coast and geodetic survey and they
would tell you there that a ship could not
be navigated about our shores unless they
could make more accurate measurements
than Mr. Frazer was able to do with the
words and letters inthis will by the aid of
tha,a instrument Of his that he called a
PRODUCER
Protector. Mr.. Butterworth, protector" :"
Well, protector, then, if YOU prefer il,
Mr.. Worthington, though Mr.. Frazer GER
| tainly used it for a producer
Leaving the subject of the will for a
time. Mr. Butterworth drew an eloquent
word picture Of the feeling that existed in
afterward. Judge Holt, he said, for es-
pousing the cause of the Union, became
practically an exile from his well-loved
state. Then he told Of the early friend
snip that existed between the judge and
Maj. Throckmorton, then a young man
He was fond of the young man, and help
| ed him in many ways. SO that 1t was but
| natural that the majors first born should
| have been named Josephine Holt Throck-
morton. She loved the old man, and he
| loved her.
Judge Holt was charged with concealinr
| the jury's recommendation to mercy in the
| Surratt case. and that as a result of his
act Mrs. Surratt died a death that she
would not otherwise have suffered
L. When Josephine was a little girl she
| heard a boy speak of Judge Holt as the
old man who killed Mrs. Surratt Her
| little arm shot out; it was not much of
| a blow, but it WAS the best she could do to
PUNISH one who had cast an aspersion on
her godfather's character. Then she went
| TO him and said: Bon pe-e, did you ever
kill any one?' When he found out what
| the little one mean. and what she had
1 AoIiC III iiAS Dcudli 10 you W00Qer that the
old mans eyes filled with tears and that
| ne clasped her to his heart? Do YOU won
der that he loved his little protector? All.
gentlemen. that he We're here today to
protect her from the aspersions of those
who would have you believe that she was
such a knave as to forge or connive at
forgery. and such a fool as well as knaye
| as to send such a mutilated paper as this
through the mailsv'
IL the viii was made by tracing, said Mr..
Butterworth and the letters of Judge Holt
Oh FEBRUARY and September "a 1879.
we're used for models, it was a remarka ble
thing that the writer Or forger should have
traced certain words in the will but NOT
the signature, which was the most in,nort
ant part Po =
speaking of the measur ements of words
| IN the alleged will as compared with Judee
Hoits letters. Mr.. Butterworth said thai
tEe transparency showed a difference AT
Iimes varying from one to two kiIomete ers
scarcely person in the crowded court
room smiled at the break or seemed to
know that kilometer Is in the neigbbor.
hood OF two-thirds of a mile.
MI. Butter Torth's closing was particular
~ strong. He talked till about 3:15 o'clock
after which Judge Bradley began his charge
| to the jury. DC
The case will probably go TO the iurv a
little before o'clock.