The Providence news. (Providence [R.I.]) 1891-1906, 1896-12-17


sister, regarding an envelope containing
papers, which he had addressed to wit
ness.
Attorney Angel began this defense by
reviewing the declaration presented by
the prosecution alleging unsound mind.
The defense would attempt to prove by
witnesses intimately acqusinted with
Mr.. Miller that at the time of his death
he was capable OF making a will. The
witnesses would include the attending
physician and personal and intimate
friende, capable OF stating his mental and
physical condition at the time the will
was made and also witnesses TO show the
business capacity of the deceased. The
defence would endeavor to prove, Lawyer
Angel said, that the deceased at tho
time 1t 10 charged that he was not re-
sponsible, was, on the contrary, perfectly
able TO attend to business in the most in
teiligeDt manner. MIR. Angel reviewed
the testimony as to undue influence and
alleged fraud and said that the evidence
showed nothing of the sort. The will was
made year before the death OF Mr..
Miller and while he was able to attend to
his business.
Moulton Stone, leather manufactures,
said that he had known John Miller
having become acquainted with MIN
while the deceased was repairing
machine. MIR. Miller made cord
roller skins. Saw Mr.. Miller occasionally.
Last had business with him in 1895 at the
time he gave up active business.
Walter 4. Hathaway, indicted for as
sault with dangerous weapon on Ella
kearns, pleaded guilty. He had been
drinking with the kesrns woman and
when he whent out to get more rum the
womsn locked him out, ne finally got In
and struck Madame Kesrns with a rock.
Ing chair. The latter was eight weeks
In the hospital as tho result of the as
sault. Madame Kearns was housekeeper
for Hathaway. Hathaway went to Jail
for six months.
He was OF sane and SOUND mind so fer
as witness knew, at all lines when the
latter saw him. Witness never saw him
under the influence Of Intoxicating
liquors. He was not a man who could |
be Influenced by others. So fsr as witness
knows Mr.. Miiier's mental condition was |
sound.
Cross examined by Mr.. Cushing, wilt |
ness stated thar he thought the deceased
was man who could not be changed af-
ter he had once made up his mind.
Goslchee Geroche, a currier employed
by Mr.. Stone, swore that he worked for
Mr.. Miller as a currier for four years ana
saw him frequently. He testified that
ne saw nothing about Mr.. Miller's con-
dision that would denote mental un-
sounduess. He appeared to witness like
other common business men. His talk
was always intelligent about the part az
the work witness was employed at and
on other matters connected with the
rade. Witness could not recoilect of
seeing Mr.. Miller under the influence of
liquor. He appeared all right in the
general management OF his business and
witness thought Mr.. Miller a smart man.
N June "a, he was man who was not
'asily Influenced.
Crosse examined by Mr.. Cushing, wit
less said he had no reason to pay partic-
liar attention to Mr.. Miller. lie saw
ir. Miller once in a violent temper. At
lines he talked pretty loud. A fsw times
lie hau seen exhibitions of quick temper.
When he had made up his mind he was
man who could not be Influenced.