Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-06-23
EVIDENCE ALL IN
Beginning the Arguments in the
Holt Will Case.
MAY GO TO TIE JURY ON THURSDAY
Only Two Witnesses on the Stand
This Morning
THE LAWYERS PRAYERS

resumed at 10 o'clock this morning the
general feeling was that matters were
drawing to close. The chances now are
that the case will be given to the jury
some time on Thursday or Friday morning
at the very latest.
The taking of testimony was practically
completed yesterday afternoon, with the
understanding that Miss Throckmorton's
brother, who has not been in attendance
Upon the trial, as he Is engaged in business
In New York, might be called this morning
Prior to the adjournment yesterday after
room some little time was spent in the
presentation of prayers and arguments
thereon. Mr.. Darlington presented a dozen
instructions which he thought ought to 90
before the jury. The other side took ex-
ception to a majority Of them, but Mr..
Worthington was not then prepared to
submit his instructions and the matter went
over for the present
The attorneys for the caveators executed
sharp and very neat flank movement on
their opponents yesterday afternoon when
MT Worthin8ton moved to strike out all
the testimony on the subject of the gen
uineness of handwriting given by those
WE. wl.nesses Tor his side who had stated that
they based their opinion that the writing
was not genuine partly on the matter of
the composition. These were the witnesses
Who thought that man Of Judge Hollis
literary end legal Attachments would never
have written such a document.
number Of legal authorities were quot
ed to show that In case like this such
evidence might be withdrawn at any time
before the charge to the jury, even though
1t had been allowed to go in as proper
evidence at the time. When the evidence
was submitted Mr.. Darlington objected,
ana when the objection was overruled he
I,
been before the jury for nearly a month
MI Darlington did not relish the idea of
having 1t stricken out, for 1t removed one
OF mis- best grounds for exceptions in case
the jury should render a verdict breaking
the Will Judge Bradley, however decided
mat the motion was a proper one and or
dered all the evidence in question to be
wiped on the records. Mr.. Darlington was
somewhat handicapped, for he could not
well OBJECT to motion to strike out testi-
mony to whose introduction he had object
ed at the time.
AS a result of the strain of this long
triai MI Jere Wilson has shown some signs
OF breaking down recently, and this morn
ing ne was unable to appear at court Mr.
w orthngton was therefore compelled to
stand alone for the caveators. though he
had the assistance of his business asso-
c1ate, Mr.. Head.
Place of Mailing.
The first witness called this morning was
Capt. Jas. e. Bell, the superintendent Of
the city delivery division of the Washing
ton post Office, who was called to throw
any light he could upon the question of
where the alleged will was mailed when
| 1t started on its mysterious journey to the
registers office last August
captain Bell testified that from the marks
upon the envelope in which the alleged will
was sent TO the register of wills il was
possible only to say that ii was collected in
the northwest sec ton OF the city The en-
velope was postmarked Washington, D. m,
August "a. 1895. 1t was taken up Captai
Bell explained, on the O'Clock delivery.
Mr.. Charles Wicklffe Throckmorton was
then called as witness by Mr.. Darlington
He testified that he was in Washington in
June, 1885, and again in September On
the latter visit he came over for the pur-
pose of seeing Mr.. Luke Devlin. That was
the first time he ever met Mr.. Devlin, and
the first time he ever saw the will was on
Labor day, 1885. He came over to bring the
letters to Mr.. Devlin. He said that up to
that time he had never seen the letters
from Judge Holt to the other members of
his family.
Mr.. Worthngton then read table set
ting forth the results of an examination of
Judge Hollis account books during the
years 1889. 80 and 81. 1t showed that in
no year did the judges present of money
to Miss Hynes exceed $50. This was for
the purpose Of further contradictng Miss
Hynes' testimony that after Judge Holt
gave her the $4,000 In bonds in 1884 he
which averaged about $50 month. 1t Ia
the claim of the caveators that when Judge
Holt gave Miss Hynes $4,000 in 6 per cent
bonds he considered that he had done all
that was incumbent upon him for his first
wifes rela ton.
The Big Dinner.
Throughout this trial frequent reference
has been made to big dinner, which Judge
Holt gave at his home on Capitol Hill
in no oF EoLr,
the President and Mrs. Grant, General and
Mrs. Sherman, Mrs. General Ricketts, and
a number Of other prominent Ieople were
hidden. Lest the claim might be made In
the course OF the arguments that this
party was given on the evening Of Feb
ruary Z, thus accounting for the presence
Of the three witnesses to the alleged will,
Mr.. Worthington offered to show that the
dinner was given a fortnight after the
date Of the alleged will.
Again recourse was had to Judge Hollis
voluminous account books. The one for
1873 showed that on February ~ he had
paid well-known caterer s11O for a dinner
given the day before. Among Judge Hollis
papers was found the caterers receipted
bill. This was put in evidence, and showed
that the dinner was for seventeen guests.
AS the bill did not include wine or serv-
ice, it showed that the dinner must have
been quite a handsome affair. Judge Holt
would seem for once to have fairly glutted
his oft-expressed desire for social COM
par iOnShfp In his lonely Ire.
Mr.. Darlington then followed by reading
number of long and rather tedious let
tiers from and to Judge Holt. which were
intended to show that in later years tie
breach between Judge Holt and Mr.. Ray,
the husband of Miss Hynes' niece. was
healed. The claim is it will be remem-
bered, that Judge Holt would not have left
any share OF his property to Miss Hynes
knowing that it might, at her death, go
to the Rays, with whom he was at outs.
W~lcouno Announcements
1t was Just 11:15 o'clock when Mr.
Worthington leaned back in his chair and
said:
I'VE have nothing more, your honor
Nor we," said Mr.. Darlington, with the
air of a man who knows that his work has
been well done.
Judge Bradley breathed an audible sigh
of relief. Upon the faces of the stenogra-
pliers there fell a rosy light Of hope like
the dawn of new day. The trial began
Monday, May Ii, and since then they and
the newspaper men have been writing
cons family and with scarcely a break.
At this point in the proceedings Judge
Bradley excused the jury until l o'clock,
at which time arguments to the jury were
to be begun. The balance Of the morning
session was taken up with the considera-
ton Of the lawyers prayers for instruc-
tons to the jury. and some rather warm