Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-06-10

asked Mr.. wilson.
Il think 1t was some time between 'ss
and 49,"
After some further questioning. which
developed nothing new, Mr.. Holt was exc
| cused.
At this point and out of the regular order
| Mr.. Sherman was called to the stand by
| buttal.
| culiarities in his fathers handwriting
| Mr. Worthtngton objected to this as not
! rebuttal testimony, ard in this way was
| sprung the question to whether the cav
| eatees would be permitted to produce any
| further evidence as to the genuineness.
| Mr. Worthington insisted that if this Ques-
| ton were admitted it would throw open
the whole subject of tile genuneness of
| the document
| Mr.. Darlington said that one of the wit
nesses yesterday testified that there were
| certain peculiarities in the signature of
Gen. Sherman as a witness to the will that
| he had never seen in any of the genuine
| handwriting of the general.
| Mr.. Worthington explained that all the
| witness said WAS that he had never seen
! any sigma lures of Gen. Sherman that were
| marked by such pecul!arites. 1t was not
| proper rebuttal TESTING ny to bring another
| witness to say that he had seen signatures
| that were so marked.
| Decision of the Judge.
| Judge Bra dey sustained the objection.
| In A long nd carefully worded decision he
| held that fr,*T the way iE which the issues
| in this CT were drawn. the cayeatees
were barred from presenting any further
| testimony of this sort
| number Of other questions OF a similar
| nature were put. but I'll were ruled out,
| and Mr.. Sherman, who came over from
! New York for the purpose of teStifying.
was excused from the stand before he had
Mr.. Worthington then called Mrs. w. G.
| Sterett as witness. Mr.. Darlington OBJ
| jected that as she was the wife of one of
the parties she was not q proper witness.
The objection was sustained.
| Mr. Wcrthington said that he knew she
| was not competent. but he presented her
| as witness in order to give her a chance
| to state that she did not find a will
ooh. we concede that" said Mr. OAR
lir gton.
| Mr.. Worthington said that he also de-
| sired to call Mrs. Wash. Holt for the same
| purpose. She was objected to-
"Then we rest cur case here" said Mr..
| WorJhingtCn.
1t was ow 12 o'clock. and at the request
| full hour.
After recess Mr.. Darlington asked Miss
Mary Holt to take the stand as a witness.
| He questioned her as to statement she
| made several days ago that she had once
beard Judge Holt speak of Col Sterett.
Mr.. Worthington objected, but withdrew
| his objection when Mr.. Darlington said
! that when Miss Holt first started to speak
| Of 1t the objection was solely on the
| ground that it was not proper subject for
| cross-examina ton. Miss Holt said in an
swer to a question:
when | was here in 1893 on a visit, my
uncle said that he never could understand
| what Col. Sterett did with his money. Ac-
| ccrding to Mrs. Sterett he was always
| broke although Col. Sterett said that he
| was earning good living"
Mrs. Ricketts' Deposition.
Mr.. Darlington then offered to read to
ha i,,r ton Of q sc
| Fannie Ricketts, Mr.. Worthington object
| ed. on the ground that Mrs. Ricketts,
| testified that at about the time of the max
| ing of the alleged will Judge Holt was on
| intimate terms with the persons whose
| names appear on the will as witnesses,
| her evidence should have been given in
| the direct evidence. Judge Bradley over
| ruled the objection. and the lawyers for
the caveators noted objection.
In her deposition Mrs. Ricketts,, who was
formerly very well known in Washington
| society. stated that some time in Febru-
| airy. 1913. she was guest at dinner at
| Judge Hollis house Among the other
| guests were President and Mrs. Grant.
! Secretary and Mrs. Fish and Gen. and
Mrs. Sherman.
| In answer to a cross-interrogatory in the
deposition Mrs: Ricketts, said that she
afterward heard Judge Holt speak in terms
! of the greatest bitterness of the elder Mrs.
| Throckmorton, who had been one Of the
| guests at that dinner.
| MI harrington tlen called 10 the STAND
Mr.. Luke Devlin, and asked him to relate
! the circumstances under which he applied
| for letters of administrator or the estate
| Of the late BILLY" McGarrahan, the IA
| nous claimant. The question was objected
| to. but after considerable argument
| both sides Judge Bradley overruIed the
! objection.
| Mr. Devlin then said that from 1871 he
| was a friend of McGarrahan's and fire.
! Quently loaned him money. At present he
holds McGarrahan's note for S2.1oo and it
| was at the request of McGarrahan's coun-
sci that he acted administrator. Mr..
De Win stated that he never said what Mr..
| Miller. The Star reporter. testified to his
saying. that 1. would have been to his ad-
vantage If he could have got into McGar-
| ranan's room the night before he died.
Denies Statements.
| Mr.. Devlin said that the only time he
| ever wrote to the Throckmortons was when
| he wrote to Miss Josephine. 1t was in an
swer to a letter from her. in which she
| asked whether will had been found. She
| said that knowing he was such an intimate
| friend of Judge Hollis she thought he might
| know if will was in existence
His letter, in answer, was then identi-
| fled and read to the jury. In it he said that
! he was satisfied Judge Holt had never made
will, for if he had one of the witnesses
| would have turned up. Still. he admitted
mat the witnesses might have all died in
the meantime.
The witness said that he never made a
statement ir The Star Office. in the pres
eDCe OF Mr.. Miller, shat he had always
had an idea that a will was in existence
and that he had written to the Throckmor-
tens that something ought to be DONE He
also denied that when he went to the office
| of the Post he told Mr.. Wilkins that he
| might use typewriter statement of his
with reference to the matter.
Mr.. Devlin admitted that he had formerly
been a collector of autographs. but he
ceased in 1861, and gave his album to Mr.
o. l.. Pruden. This album, he said had
lately been recovered, and was now in the
possession of the lawyers for the cavea-
tees.
Mr.. Devlln then denied Witness Fought's
statement that in 1874 he had rad trouble
with Judge Holt growing out Of an indcrsc-
| ment he made on an official paper Mr.
Devlin submitted a paper which Mr.. OAR
lington read to the jury. 1t was a letter
of recommendation signed by Judge Holt
in 1874 referring to Devlin in terms Of
strong communication.
Mr.. Devlin characterized as absolutely
false the statement of Mr.. Fought that
he had been compelled to give up his key
| to the office of the bureau of military jus
tice. On the contrary, he said, ne re-
tanned the key up to the time he left the
office. AS showing Judge Hollis feelings
toward him he said that it was through
the influence of the judge that he was pro-
noted from clerkship at 81 100 to one at
81, 900.
The examination of Mr. Deylin VOC